Court declined to order recall of privileged document after untimely request; draft licensing agreement was subject to recall
In Re: '318 Patent Infringement Litigation, No. 05-356-SLR, Mar. 1, 2007.
Robinson, J. A motion seeking return or destruction of privileged documents inadvertently produced was granted in part and denied in part.
The producing party was not permitted to recall a document which had been identified at a deposition after the 3 weeks permitted by the stipulated protective order to recall the document. The purpose of the order was to put the party on notice that the document had been produced and deemed relevant. The fact that the witness was unfamiliar with the document and not questioned about it was inconsequential. The motion was granted with respect to a draft licensing agreement. The Court has consistently held that draft licensing agreements written by counsel are not discoverable.
A copy of the full opinion is available here.
