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 readJuly 12, 2004 at 11:11 AM
By
James J. Elacqua, Andrew N. Thomases
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, theen banc consideration of

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