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In re EchoStar Communications Corp. — Asserting Advice-of-Counsel Defense Waives Privilege for All Related Communications, But Not All Work Product

The Federal Circuit held that when a patent defendant asserts an advice-of-counsel defense to willful infringement, it waives attorney-client privilege for all communications about the patent’s validity, enforceability, and infringement — but the waiver does not automatically extend to all att

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Atofina v. Great Lakes Chemical Corp. — Narrower Claimed Range Is Not Anticipated by Broader Prior Art Range Without Specific Disclosure of the Narrower Range

The Federal Circuit reversed a finding of anticipation, holding that a prior art reference disclosing a broad temperature range of 100–500°C did not anticipate a claimed narrower range of 330–450°C — a genus does not anticipate every species, and a broader prior art range anticipates a narrower clai

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