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Judge Stark rules on privilege log disputes

Judge Leonard P. Stark recently issued a memorandum order addressing a number of privilege log disputes.  Idenix Pharmaceuticals, Inc. v. Gilead Sciences, Inc., C.A. No. 13-1987-LPS (D. Del. July 20, 2016) (and related cases, C.A. No. 14-109-LPS and C.A. No. 14-846-LPS).  Among other rulings, Judge Stark found the following:

(1) a communication between a non-lawyer employee and another non-lawyer employee who was the “liaison with patent attorneys” was properly withheld as privileged.  Id. at 5.

(2) an email between non-lawyers that discussed the terms for engaging patent prosecution counsel was not privileged.  Id. at 5-6.

(3) a “scientific document” attached to a privileged email was not privileged.  Id. at 6-7.

(4) a non-lawyer employee’s email to other non-lawyer employees expressing views on a competitor’s patent was not privileged.  Id. at 9.

https://www.scribd.com/document/320297660/Idenix-Pharmaceuticals-Inc-v-Gilead-Sciences-Inc-C-A-No-13-1987-LPS-D-Del-July-20-2016

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