Privilege Waiver and Good Faith Reliance on Non-Privileged Information

Richard Hung and Yuqing Cui authored an article for the Daily Journal examining the case of Brown v. Barnes & Noble, Inc. to discuss how an accused infringer may rebut a finding of willful patent infringement by asserting a good faith belief of non-infringement.

“Although the case law continues to develop, a party considering the good faith defense not in reliance of counsel’s advice should keep Brown in mind when evaluating the potential waiver issue,” the authors wrote. “Especially in the patent context, extending Brown could result in a broad waiver that captures a party’s communications with counsel, even if not relied upon.”

Read the full article.