On August 20, 2007, the Federal Circuit issued its opinion in In re Seagate Tech., LLC, 2007 U.S. App. LEXIS 19768 (Fed. Cir. Aug. 20, 2007) (“Seagate”), which announced a dramatic shift in the law applicable to willful patent infringement. The Federal Circuit overruled its duty of care precedent, replacing it with a higher threshold for demonstrating willful infringement. In addition, the Federal Circuit clarified the scope of subject matter waiver of attorney-client privilege and work product protection that applies when an alleged infringer relies on an advice-of-counsel defense to a charge of willful infringement. As a general rule, the waiver flowing from the disclosure of opinion counsel work will not extend to trial counsel’s reliance on that same opinion work.