http://www.scotusblog.com/wp/petitions-to-watch-conference-of-22208/ The Supreme Court of the United States blog Thu, 26 Jun 2008 21:56:34 -0700 http://wordpress.org/?v=2.8.5 hourly 1 http://www.scotusblog.com/wp/petitions-to-watch-conference-of-22208/comment-page-1/#comment-14589 Michael Barclay Sun, 10 Feb 2008 23:29:10 +0000 http://www.scotusblog.com/wp/uncategorized/petitions-to-watch-conference-of-22208/#comment-14589 For us patent types, the cert petition in In Re Seagate has been distributed for the February 22 conference. The case is No. 07-656 and the Supreme Court caption is Convolve, Inc. v. Seagate Technology, LLC. In that case, the Federal Circuit (en banc) followed Supreme Court precedent to make it harder to find willful infringement in a patent case; the CAFC also held that reliance on an opinion of counsel by one attorney does not automatically waive attorney-client privilege as to trial counsel. Since the CAFC largely followed Supreme Court precedent at least as to the first issue, it is not clear why a cert petition was filed. For us patent types, the cert petition in In Re Seagate has been distributed for the February 22 conference. The case is No. 07-656 and the Supreme Court caption is Convolve, Inc. v. Seagate Technology, LLC. In that case, the Federal Circuit (en banc) followed Supreme Court precedent to make it harder to find willful infringement in a patent case; the CAFC also held that reliance on an opinion of counsel by one attorney does not automatically waive attorney-client privilege as to trial counsel. Since the CAFC largely followed Supreme Court precedent at least as to the first issue, it is not clear why a cert petition was filed.

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