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Keywords

lawsuitlitigationattorneydepositiondiscoverytestimonymotionpatentattorney-client privilege
lawsuitattorneydepositiondiscoverymotionpatentattorney-client privilege

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Beery v. Thomson Consumer Electronics, Inc., 218 F.R.D. 599, 2003 Markman 22300545

Facts

Jack Beery, the owner of the '952 patent for a television receiver memory control, filed a lawsuit against Thomson Consumer Electronics, claiming infringement. Thomson countered that its products did not infringe the patent and that the patent was invalid. As the case progressed, Thomson sought to compel Beery to produce documents and testimony from his attorney regarding infringement opinions, arguing that Beery had waived his attorney-client privilege by discussing his attorney's advice during his deposition.

Jack Beery, the owner of the '952 patent for a television receiver memory control, filed a lawsuit against Thomson Consumer Electronics, claiming infringement.

Issue

Did Beery waive his attorney-client privilege by relying on his attorney's claim construction and infringement opinions during his deposition?

Did Beery waive his attorney-client privilege by relying on his attorney's claim construction and infringement opinions during his deposition?

Rule

The attorney-client privilege protects confidential communications between an attorney and client made for the purpose of obtaining legal advice. A party can waive this privilege by asserting claims or defenses that put the attorney's advice in issue in the litigation.

The attorney-client privilege protects confidential communications between an attorney and client made for the purpose of obtaining legal advice.

Analysis

The court analyzed whether Beery's reliance on his attorney's advice during his deposition constituted a waiver of the attorney-client privilege. It concluded that Beery's reliance on counsel did not equate to a waiver, as he had not injected the substance of his attorney's advice into the case. The court emphasized that the privilege allows clients to consult with their attorneys without fear of disclosure, and Beery's lack of personal knowledge regarding the infringement did not justify overriding the privilege.

The court analyzed whether Beery's reliance on his attorney's advice during his deposition constituted a waiver of the attorney-client privilege.

Conclusion

The court denied Thomson's motion to compel, ruling that Beery did not waive his attorney-client privilege during his deposition. Consequently, Beery was not required to produce the documents or testimony sought by Thomson.

The court denied Thomson's motion to compel, ruling that Beery did not waive his attorney-client privilege during his deposition.

Who won?

Jack Beery prevailed in this case because the court upheld his attorney-client privilege, allowing him to protect his communications with his attorney from discovery.

Jack Beery prevailed in this case because the court upheld his attorney-client privilege, allowing him to protect his communications with his attorney from discovery.

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