In two recent Memorandum Orders, Chief Judge Leonard P. Stark ruled on the parties’ privilege dispute, and denied defendant Future Link Systems, LLC’s (“Future Link”) motion for reconsideration of the Court’s September 28, 2016 Order granting in part plaintiff Intel Corporation’s (“Intel”) motion for summary judgment on its license claim. Intel Corp. v. Future Link Systems, LLC, C.A. No. 14-377-LPS (D. Del. Jan. 27, 2017).
As to the privilege dispute, Judge Stark denied Intel’s request that Future Link produce certain documents withheld as privileged or attorney work product. Judge Stark did, however, grant in part Future Link’s request that Intel produce certain documents withheld as privileged. As to one document that the Court ordered to be produced, Judge Stark noted that “[t]here is no indication that the document was ever actually sent to a lawyer for legal review, and it is unclear what ‘legal review process’ is referred to in the top-level email.” In addition, according to Judge Stark, “the attached slide-show presentation appears to be entirely technical in nature, raising no issues that would clearly require review by an attorney.” As to another document ordered to be produced, Judge Stark explained that “[t]here is nothing in the content of what was redacted that would indicate what legal advice was sought or obtained, if any. Moreover, there is no indication of any communication to an attorney of the redacted portion of the document for the purpose of obtaining legal advice.” (emphasis in original). As to another such document, Judge Stark noted that “[t]he fact that a document was reviewed by an attorney is not enough, by itself, to make the statements which have been redacted privileged.”
Denying Future Link’s motion for reconsideration, Judge Stark explained that the motion “simply repeats arguments that were previously raised [at the March 1, 2016 hearing], and does not add anything that could not have been presented to the Court before the Court’s September 28, 2016 ruling [on summary judgment].” Judge Stark also found that Future Link’s motion for reconsideration on the licensing issue failed on the merits.