IP Newsflash

In Limestone Memory Systems LLC v. Micron Technology, Inc. et al., the Discovery Master ruled that, under 9th Circuit law, pre-suit, patent analysis documents qualified for immunity from discovery under the work product doctrine, despite having a dual purpose, because the business and legal elements of the documents were inextricably intertwined.

During IP license negotiations, prudent negotiators will often avoid sharing privileged information about the IP to avoid waiving the attorney-client privilege. But in a recent District of Massachusetts case, the court upheld a claim of privilege to patent prosecution strategy communications between parties who were in the process of negotiating an exclusive license.