In Immersion Corporation v. HTC Corporation, C.A. No. 12-259-RGA (D. Del. Aug. 7, 2014), Judge Richard G. Andrews granted defendants’ motion to compel in part. Judge Andrews had ordered that Immersion Corporation (“Immersion”) provide a “supplemental privilege log regarding all documents in its control relating to” Stout Risius Ross, Inc. (“SRR”), the “financial consulting firm hired by Immersion’s counsel to conduct royalty and licensing analysis.” Id. at 1 & n.1. Considering whether the documents in question were protected by the attorney-client privilege or work product immunity, Judge Andrews noted that Immersion’s business “is the licensing of patents” and that “[a]ll of the requested documents were created by a financial consultant in aid of Immersion’s licensing program.” Id. at 4.
Judge Andrews concluded that several e-mails from an RSS advisor to Immersion’s counsel that included draft slides from SRR were not protected by the attorney-client privilege given that the documents were “primarily for business purposes as [they] provide factual information about licensing/royalty rates, the primary purpose of the Plaintiff’s business.” Id. at 4-5. Judge Andrews also concluded that other documents that included draft slides that were incorporated in the slides in the advisor’s e-mails were not protected by work product immunity given that the documents were “created for business purposes (licensing).” Id. at 5-6. Judge Andrews ordered that the foregoing documents be produced. Id. at 6.
Regarding a document that provided a summary of Immersion’s mobile licensing agreements, Judge Andrews noted that “the Court is not convinced that there is an evidentiary basis to conclude it is protected by work product.” Id. at 5. Judge Andrews concluded, however, that there was no need to produce this document, as “it merely factually summarizes license agreements that have already been produced.” Id.