Defendants' bid for inadvertently produced privileged documents fails
Allergan Inc. v. Barr Laboratories Inc.,, et al., Civ. No.09-333-SLR-LPS, August 18, 2010.
Stark, J. After submissions and a discovery teleconference, the court rules on defendants’ motion to compel privileged documents.
The attorney-client privilege has not been waived through an inadvertent production since sufficient procedural protections were in place and the overall amount of inadvertently-produced documents is miniscule in comparison with the overall production. Records of invention provided to an attorney for securing legal opinion are privileged. The portion of another exhibit which is not claimed as privileged must be produced, but the privileged portions are protected. A single page document that is a cover page to a literature search is not protected since it contains no more information than would be included in a privilege log. The matter of the substance of that search was not before the court.
