Nordock Inc. v. Systems Inc., 2-11-cv-00118 (WIED October 5, 2012, Order) (Randa, J.).
Wednesday, October 10, 2012
Failure to Identify Litigation Counsel’s Opinions on Privilege Log Waives Privilege
The court granted plaintiff's motion to compel defense counsel's opinions regarding the patent-in-suit from seven and eight years ago. "[Plaintiff] propounded discovery requests encompassing [defense counsel's] opinions. . . . [Defendant] raised the attorney-client privilege and work-product protection in response to [plaintiff's] requests for production that would have encompassed [its counsel's] opinions. However, [defendant] did so without specificity. . . . By not including [its counsel's] opinions in its privilege log, [defendant] has waived the privilege."