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Potential patent infringers must exercise due care in assessing whether their actions in fact infringe. This normally includes the duty to obtain competent legal advice -- which can place potential infringers in a dilemma. If they don't seek the advice of counsel, due care is not satisfied. If they rely on the advice of counsel, they risk waiving the attorney-client and work-product privileges.
January 24, 2001 at 12:00 AM
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The original version of this story was published on Law.Com
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