Also known as: anticipate · anticipates · anticipated · anticipating · patent anticipation · anticipatory
Written by attorneys · grounded in primary & secondary sources — see below
Expectation or preparation regarding a future legal event or consequence. The concept appears when a party, court, or agreement accounts in advance for litigation, harm, loss, or changed circumstances.
Aurora Biotech's risk manager drafted a detailed memo analyzing potential settlement ranges after receiving a demand letter from Atlas Ventures. When Atlas later sought the memo in discovery, the court denied production because the document was created with litigation in mind.
Aether Technologies' outside counsel interviewed three employees about a contract dispute and typed notes summarizing their recollections. In later litigation with Artemis Logistics, the notes remained protected because they were prepared for the expected lawsuit.
Select any source to read its text and confirm it supports the definition.
Anita Ali contracted with Atlas Ventures to supply specialized parts. The agreement set a fixed sum for late delivery calculated from projected lost sales. When delivery was delayed, the court enforced the clause because the amount reflected the parties' reasonable forecast of harm.
Amelia Amari slipped on a wet floor near a clearly marked caution sign inside Aurora Biotech's facility. The company avoided liability because the obvious condition meant it had no duty to anticipate further injury to an invitee who saw the warning.
Arthur Abrams created a trust leaving an outright remainder to his granddaughter. After she developed a disability requiring government benefits, the court converted the interest into a special needs trust because the change addressed circumstances the settlor could not have foreseen.
Amber Alonzo sold manufacturing equipment to Abigail Alvarez under a contract that fixed damages for buyer breach at twenty percent of the price. When Alvarez failed to pay, the court upheld the formula because it reasonably approximated the seller's expected loss and proof difficulties.
A document qualifies when a party or its representative creates it because of an expected lawsuit or trial. Routine business records created without that forward-looking purpose do not receive protection even if litigation later arises.
No. The protection covers materials prepared by any representative, including consultants, insurers, and agents, so long as the materials were created in anticipation of litigation.
A clause is enforceable only when the amount is reasonable in light of the loss the parties anticipated at contracting or the actual loss that occurred. An unreasonably large amount functions as an unenforceable penalty.
…law. A rule that unanticipated inventions are without protection would conflict with the core concept of the patent law that anticipation undermines patentability. See Graham v. John Deere Co. , 383 U. S., at 12-17. Mr. Justice Douglas reminded that the inventions most benefiting mankind are those that "push back the…