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Virginia Society of Law and Technology has also recently started a blog: http://twitter.com/VSLAT
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This is an interesting topic for the CAFC to tackle, and one that is long overdue. However, I have a simpler solution to this issue that I propose here. Ordinary rules of professional responsibility already provide a framework that informs the likelihood of "inadvertent disclosure." Attorneys should apply these rules and govern themselves in these matters (just as they do in all other aspects of professional responsibility) rather than taking up the court's time with the matter.
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Ned, check out my post for more detail on my argument. Too much to reprint here... And the "term" ended the agreement ("[t]he term of this Agreement shall expire on March 1, 2000"). Seems clear to me. Only pre-existing license obligations continued in perpetuity. As I pointed out in my post, the CAFC effectively re-wrote the contract to capture what the panel decided the parties intended. This was inappropriate. Enforce the agreement as it is written; if the intent is unclear, that's what trials are for.
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Ned Heller said -- "The Federal Circuit is correct in its textual analysis." I disagree. It appears to me that the CAFC went to great efforts to contradict the intent of the expiration provision.
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