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IP News

By Compiled by Eric Agovino
May 31, 2006

Federal Circuit Clarifies Scope of Waiver of Attorney-Client Privilege
and Work-Product Immunity

In In re EchoStar Commc'ns Corp., Misc. Nos. 803, 805, 2006 WL 1149528 (Fed. Cir. May 1, 2006), the U.S. Court of Appeals for the Federal Circuit clarified the extent to which a party waives its attorney-client privilege and work-product immunity when it asserts the advice-of-counsel defense in response to a charge of willful patent infringement. The Federal Circuit directed a Texas district court to vacate an order compelling EchoStar Communications Corp. to produce certain Merchant & Gould law firm documents that were never communicated to EchoStar.

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