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Keywords

attorneydiscoveryappealtestimonypatentattorney-client privilege

attorneyappealappellantappellee

Related Cases

Natta v. Zletz, 418 F.2d 633, 163 U.S.P.Q. 675

Facts

The case is a continuation of a dispute initiated by Natta seeking the production of documents from Standard Oil Company of Indiana related to patent interference 89,634. The district court had previously ordered Standard to produce documents, but exempted those protected by attorney-client privilege or work product doctrine. After reviewing various categories of documents, the district court denied production based on these protections, leading to Natta's appeal.

In April 1969, Standard presented four envelopes of withheld documents to the district judge. Each envelope contained a separate category of documents.

Issue

The main legal issue was whether the district court's order denying the production of certain documents based on attorney-client privilege and work product doctrine was appropriate.

The principal question presented by this appeal is whether our mandate of January 14, 1969, following the issuance of our opinion reported in 405 F.2d 99, precluded the district court from entering an order excepting from appellant Natta's documentary inspection appellee Standard's attorneys' work product and confidential communications between them and Standard with respect to certain legal advice.

Rule

The court applied the attorney-client privilege and work product doctrine as established in Hickman v. Taylor, which allows for the protection of certain communications and documents from discovery unless good cause is shown.

Under Rule 30 a judge may order that ‘* * * secret processes, developments, or research need not be disclosed, or that the parties shall simultaneously file specified documents or information enclosed in sealed envelopes to be opened as directed by the court; or the court may make any other order which justice requires to protect the party or witness from annoyance, embarrassment, or oppression.’

Analysis

The court analyzed the categories of documents withheld by Standard and determined that many fell under the protections of attorney-client privilege and work product doctrine. The court found that the in camera review conducted by the district court was appropriate and that Natta had not sufficiently challenged Standard's claims of privilege. However, it also recognized that some documents, particularly those related to the expert's testimony, should be produced.

In review of those rulings, this Court has inspected each of the impounded documents and concluded that the district court's rulings are substantially correct.

Conclusion

The court affirmed the district court's decision in part, but reversed it regarding specific documents that were ordered to be produced. The court concluded that the protections claimed by Standard did not apply to all documents in question.

The district court's decision is hereby affirmed, except with respect to Document Nos. 14777 and 14779. We hereby order the immediate production of those letters and diagrams.

Who won?

Standard Oil Company of Indiana prevailed in the majority of the case, as the court upheld the denial of most document productions based on privilege and work product claims.

Standard points out that in the Interference, it has ‘already made available (this) expert's ‘report’.'

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