Knorr-Bremse and the Potential Modification of the Adverse-Inference Rule

The near future may bring fundamental changes to patent practice in the United States. On Sept. 26, 2003, the Federal Circuit ordered, <i>sua sponte,</i> the <i>en banc</i> consideration of the Eastern District of Virginia's decision in <i>Knorr-Bremse Systeme Fuer Nutzfahrzeuge GmbH v. Dana Corp,</i> 344 F.3d 1336 (Fed. Cir. 2003). In its order, the court sought answers to questions that analyze its current precedent that authorizes the trier of fact to impose an adverse inference of willful patent infringement where accused infringers invoke the attorney-client privilege. On Feb. 5, 2004, the Federal Circuit heard arguments in the appeal. A decision is pending.

21 minute read July 12, 2004 at 11:11 AM
By
James J. Elacqua, Andrew N. Thomases And Keith P. Gray
Knorr-Bremse and the Potential Modification of the Adverse-Inference Rule

The near future may bring fundamental changes to patent practice in the United States. On Sept. 26, 2003, the Federal Circuit ordered, sua sponte, the en banc consideration of the Eastern District of Virginia's decision in Knorr-Bremse Systeme Fuer Nutzfahrzeuge GmbH v.

This premium content is locked for The Intellectual Property Strategist subscribers only

ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN The Intellectual Property Strategist

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

Already have an account? Sign In Now

For enterprise-wide or corporate access, please contact Customer Service at [email protected] or call 1-877-256-2473.

NOT FOR REPRINT

© 2026 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.

Continue Reading

Law firms are shifting toward financing strategies that allow them to invest in growth while increasing flexibility, liquidity and long-term planning discipline. The conversation is no longer simply about acquiring equipment. It is about building a financial structure that supports continuous operational growth.

July 02, 2026

Why advanced AI will change legal practice without making lawyers obsolete.The future value of lawyers will come less from generating first drafts and more from knowing how to choose, feed, test and deploy professional systems in a way that serves the client’s strategy.

June 30, 2026

Companies are no longer judging leaders on what they have already done. They are judging them on whether they can lead what is coming next. And what is coming next demands exactly the quality that defined the Oregon Trail generation: the ability to navigate genuine transformation, not just manage through disruption.

June 30, 2026