• On June 7, the en banc Federal Circuit heard oral arguments in In re Seagate Technology, LLC, Misc. No. 830, addressing the issues of (1) whether a party’s assertion of the advice of counsel defense to willful infringement extends waiver of the attorney-client privilege to communications with that party’s trial counsel; (2) the effect of any such waiver on work-product immunity; and (3) whether the Court should reconsider the duty of care standard announced in Underwater Devices, Inc. v. Morrison-Knudsen Co., 717 F.2d 1380 (Fed. Cir. 1983).
  • New PTO rules are expected to be published in July or August, and go into effect thirty days after publication. Public PTO statements suggest that the final rules relate to limiting the number of continuation applications that may be filed and the number of claims in each patent, among other things.