Fed. Cir. (2004)
Fitzpatrick Attorneys File Amicus Curiae Briefs on Willful Patent Infringement
Robert L. Baechtold filed a brief in the United States Court of Appeals for the Federal Circuit for amicus curiae The Federal Circuit Bar Association, and Nicholas M. Cannella filed a brief for amicus curiae The New York Intellectual Property Law Association, in Knorr-Bremse v. Dana Corp. Both briefs urge the Federal Circuit to reverse 20-years of legal precedent and hold that a defendant’s invocation of the attorney-client privilege and work product immunity does not give rise to an adverse inference with respect to willful infringement, and that adverse inference of willful infringement should not result from a defendant not obtaining opinion of counsel. Oral argument was heard on February 5, 2004, and the case is now sub judice.