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.