Extract to table

Having chosen to deploy those opinions as a justification, Lumicore must accept the consequences of that choice

While the Federal Circuit in Seagate also held that "the failure to obtain an exculpatory opinion of counsel shall no longer create an adverse inference of willful infringement," id

3d at 1302–03 (holding that "the waiver of the attorney-client privilege extends to all communications on the same subject matter" and "the documents and information that an opinion of counsel considered and relied upon in rendering legal advice" must also be produced)

If Lumicore has elected to rely on advice of counsel as a defense to willfulness — as its pleadings, discovery conduct, and counsel's representations during meet-and-confer conferences suggest — then the privilege has been waived, and the opinion letters must be produced

Those letters must be produced so that OWS — and ultimately the jury — can evaluate whether Lumicore's reliance on them was objectively reasonable and subjectively genuine