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."

Nordock Inc. v. Systems Inc., 2-11-cv-00118 (WIED October 5, 2012, Order) (Randa, J.).