Stanley Gibson

Stanley Gibson

Jeffer Mangels Butler & Mitchell LLP

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Latest Posts › Attorney-Client Privilege


District Court Stays Action Pending Appellate Review of Motion to Compel Privileged Documents

The district court had previously ordered plaintiffs to produce certain documents to the extent that documents containing communications between plaintiff and its non-attorney patent agents were not subject to the...more

9/16/2015 - Appeals Attorney-Client Privilege Discovery Document Productions Inter Partes Review Proceedings Mandamus Petitions Motion To Stay Multi-Factor Test Patent Trial and Appeal Board Patents Samsung

In-House Counsel Ordered to Sit for Additional Deposition After Emails Improperly Withheld on Basis of Privilege

Sprint Communications Company, L.P., filed a patent-infringement action against Comcast Cable Communications, LLC, Comcast IP Phone, LLC, and Comcast Phone of Kansas, LLC (collectively, "Comcast"). The district court had...more

8/21/2015 - Attorney-Client Privilege Comcast Depositions Email Patent Infringement Patent Litigation Patents Sprint Telecommunications

Claw Back of Privileged Documents Fails Where Defendants Had Used the Documents in Depositions, Expert Reports and in Briefs...

Defendants filed a motion to compel Adaptix to re-produce documents that Adaptix had clawed back on the grounds of privilege. Adaptix had early produced the documents in several productions. The Defendants argued in the...more

6/15/2015 - Attorney-Client Privilege Clawbacks Depositions Discovery Motion to Compel Patent Infringement Patent Litigation Patents Privilege Waivers Work Product Privilege Work-Product Doctrine

Court Orders Production of Work Product Documents under Crime-Fraud Exception to Attorney-Client Privilege Where Defendants Had...

In an earlier filed decision, the district court had previously found that Escort and its defense counsel had knowingly misled the plaintiff, Fleming, which warranted a sanction of attorney fees. As explained by the district...more

1/27/2015 - Attorney-Client Privilege Crime-Fraud Exception Disclosure Discovery Document Productions Patent Infringement Patent Litigation Patents Source Code Work Product Privilege

District Court Precludes Deposition of In-House Counsel Who Acted as Part of Trial Team Even Though Counsel Had Relevant,...

After plaintiff, McAirlaids, requested the deposition of one of Kimberly-Clark's ("K-C") in-house litigation counsel, K-C filed a motion for a protective order pursuant to Fed. R. Civ. P. 26(c) to preclude the deposition of...more

11/12/2014 - Attorney-Client Privilege Corporate Counsel Depositions Federal Rules of Civil Procedure Indemnification Kimberly-Clark Patent Infringement Patent Litigation Patents Work Product Privilege

Court Denies Monetary Sanctions Based on Overdesignation of Documents As Confidential-Outside Counsel Eyes Only But Orders...

In this patent infringement action brought by plaintiff Trustees of Boston University ("BU") , BU alleged that defendants infringed U.S. Patent No. 5,686,738 (the "'738 Patent"), which pertains to light emitting diodes...more

8/7/2014 - Attorney-Client Privilege Discovery Patent Infringement Patent Litigation Patents Sanctions Technology

Motion for Leave to File Billing Statements Under Seal Denied Where Billing Descriptions Were Not Protected by the Attorney-Client...

Plaintiffs filed a motion to permit them to file an affidavit, along with billing documents, under seal. The affidavit, along with its exhibits, was forty-seven pages in length. In the motion, the Plaintiffs contend that "the...more

6/26/2014 - Affidavits Attorney's Fees Attorney-Client Privilege Sealed Records

Court Rules That Crime-Fraud Exception Trumps Attorney-Client Privilege Where Patent Holder Made Series of False Representations...

HTC Corporation and HTC America, Inc. ("HTC") moved for a finding that this patent infringement action is "exceptional" under the Patent Act's fee-shifting provision which authorizes the award of attorney fees and costs to...more

5/21/2014 - Attorney-Client Privilege Corporate Counsel Crime-Fraud Exception Fee-Shifting HTC Patent Litigation Patents

Communication That Was Business Communication Could Not Be Protected by Attorney-Client Privilege But Could be Protected by...

Flatworld Interactives ("Flatworld") filed a patent infringement action against Apple Inc. ("Apple"). During the litigation, Apple sought the production of several documents that Flatworld claimed were protected by the...more

12/30/2013 - Apple Attorney-Client Privilege Discovery Marital Communications Privilege Patents Privilege Waivers

Bickering Brothers Break Common Interest and Results in Waiver of Attorney-Client Privilege

Porto Technology Co., LTD ("Porto") filed a patent infringement action against Cellco Partnership d/b/a Verizon Wireless ("Verizon"). During the litigation, Verizon moved to compel communications between two of the...more

11/11/2013 - Attorney-Client Privilege Common-Interest Privilege Patent Infringement Patent Litigation Patents Privilege Waivers Waivers

Apple v. Samsung: Samsung's Request for Stay of Discovery Orders Denied Where Magistrate Judge Made No Ruling on Privilege Issues...

As a result of Samsung's alleged violation of the protective order, Magistrate Judge Grewal previously ordered Samsung to produce to Apple emails and communications by Samsung employees that would shed light on the scope of...more

11/4/2013 - Apple Apple v Samsung Attorney-Client Privilege Complex Litigation Discovery Document Productions Protective Orders Samsung Work Product Privilege

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