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Privilege Waivers › Patent Litigation

Patterson Belknap Webb & Tyler LLP

Judge Hall Holds an Answer Waived Privilege by Selectively Pleading Protected Communications

Patterson Belknap Webb & Tyler LLP on

On September 19, 2019, U.S. District Judge LaShann DeArcy Hall denied an appeal by the defendant in a litigation to correct the inventorship of patents of rulings by Magistrate Judges Gary R. Brown and Peggy Kuo that the...more

Mintz - Intellectual Property Viewpoints

International Trade Commission ALJ Holds that Relying on Pre-Suit Testing Waives Privilege Protection

Mintz - Intellectual Property Viewpoints on

A recent order from International Trade Commission Administrative Law Judge Elliott provides helpful guidance regarding a common ITC discovery dispute: whether a party may withhold from discovery as work product pre-suit test...more

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