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Keywords

plaintiffdefendantattorneymotiontrustpatentcommon lawattorney-client privilege

plaintiffdefendantattorneylawyermotioncommon lawattorney-client privilege

Related Cases

Research Institute for Medicine and Chemistry, Inc. v. Wisconsin Alumni Research Foundation, 114 F.R.D. 672, 55 USLW 2668

Facts

The plaintiff, RIMAC, initiated an action against the defendant, WARF, involving claims of unfair competition, patent invalidity, and violations of the Sherman Anti-Trust and Lanham Trade-Mark Acts. RIMAC sought to compel the production of documents that WARF claimed were protected by attorney-client privilege and work product immunity. The court was tasked with determining the validity of these claims based on the nature of the communications and the relationships involved.

Pursuant to plaintiff's (RIMAC) Motion To Compel Production of Documents, defendant (WARF) has submitted some seventeen hundred pages of material for in camera examination and determination of the validity of defendant's claims of immunity from production on grounds of the attorney-client privilege and attorney's work product.

Issue

The main legal issues were whether the documents claimed by WARF were protected by attorney-client privilege and whether the work product doctrine applied to the materials in question.

Rule

The court held that the attorney-client privilege is recognized by federal common law and that the party claiming the privilege bears the burden of establishing its applicability. The privilege applies only to communications made in confidence for the purpose of obtaining legal advice, and it must be strictly confined within narrow limits.

The privilege protecting confidential communications between attorney and client is the oldest of the common law privileges, and has for its purpose the fostering of full and frank communication between lawyers and their clients.

Analysis

The court analyzed the claims of privilege on a document-by-document basis, emphasizing that mere assertions of privilege were insufficient. It found that many documents did not meet the criteria for privilege, particularly those that did not involve confidential communications or were related to business matters rather than legal advice. The court also noted that communications between WARF and its licensees lacked the necessary community of interest to warrant privilege.

Most of the documents I have ordered produced foundered on some derivative of one or more of the basic considerations outlined above. Thus, the simple declaration that a privilege exists not only fails to sustain the burden, but is virtually meaningless.

Conclusion

The court ordered WARF to produce the documents listed in the appendix, rejecting its claims of attorney-client privilege and work product immunity for a substantial number of documents. WARF was also instructed to re-examine additional documents for potential production.

I have determined that a substantial number of the questioned documents must be produced and I have explained above, in broad terms, the basis for those determinations.

Who won?

The prevailing party was RIMAC, as the court ruled in favor of its motion to compel the production of documents, finding that WARF's claims of privilege were largely unsubstantiated.

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