Opinion
Case No. 08-14266, CTS CASE.
July 18, 2011
ORDER
This is a patent case. Discovery is ongoing. Before the Court are the following motions: CTS's Motion for Order on TK's Waiver of Attorney-Client Privilege (Doc. 89); CTS's Motion for an In Camera Review of Document (Doc. 90).
On July 13, 2011, the Court held a phone conference with the parties regarding the motions prior to TK filing a formal response. Based upon the discussion during the conference, the Court is satisfied that the allegedly privileged sixty-two (62) documents at issue must be either returned or destroyed in accordance with paragraph 19 of the Protective Order (Doc. 80). See Exhibit A attached.
The Oxford English Dictionary defines "inadvertent" in part as follows: "Not properly attentive or observant; inattentive, negligent; heedless." See
Other matters discussed during the conference abide the filing of appropriate motions.
This order renders the motions referenced in the first paragraph MOOT.
Any objections to this order must be filed within five (5) days.
SO ORDERED.
17.8. prevent the parties to this Protective Order from agreeing in writing or on the record during a deposition or hearing in this action to alter or waive the provisions or protections provided for herein with respect to any particular information or material.
18. Third Parties . In the event that information in the possession or control of a party involves the confidentiality rights of a non-party or its disclosure would violate a Protective Order issued in another action, the party with possession or control of the information will attempt to obtain the consent of the non-party to disclose the information under this Order. If the consent of the non-party cannot be obtained, the party will notify the party seeking discovery of: (a) the existence of the information without producing such information and; (b) the identity of the non-party (provided, however, that such disclosure of the identity of the non-party does not violate any confidentiality obligations). The party seeking discovery may then make further application to the non-party or seek other means to obtain such information.
19. Inadvertent Production. If a party inadvertently produces a document that it later discovers to be a privileged document, the production of that document shall not be deemed to constitute the waiver of any applicable privileges. In such circumstances, the producing party must immediately notify the receiving party of the inadvertent production, and request the return or confirmed destruction of the privileged materials. Within five (5) days of receiving such notification, the receiving party shall return or confirm destruction of all such materials, including any summaries thereof. Such return or confirmation of destruction shall not preclude the receiving party from seeking to compel production of the materials for reasons other than its inadvertent production.
20. Scope . The terms of this Protective Order shall apply to all manner and means of discovery, including entry onto land or premises, and inspection of books, records, documents, and tangible things.
http://www.oed.com/view/Entry/93041?redirectedFrom=inadvertent#eid (last visited July 13, 2011).