WAIVER OF ATTORNEY-CLIENT PRIVILEGE DOESN'T EXTEND TO PATENT FAMILY, JUDGE SAYS

摘要

Medical device maker C.R. Bard Inc. does not need to produce opinion letters from counsel regarding an entire patent family when claiming the "advice of counsel" defense to infringement claims, a Chicago federal judge has ruled. See Medline Industries, Inc. v. C.R. Bard, Inc., 2019 WL 3562660 (N.D. Ⅰ11. 2019). U.S. Magistrate Judge Gabriel A. Fuentes of the Northern District of Illinois on August 2 denied Medline Industries Inc.'s motion to compel Bard to disclose opinion letters for unasserted patents, saying the communication exclusively involves subject matter not at issue in the dispute.