Karl Storz Endoscopy-America, Inc. v. Stryker Corporation et al

Filing 302

ORDER REGARDING PLAINTIFF'S MOTION TO COMPEL ATTORNEY WORK PRODUCT. Signed by Magistrate Judge Jacqueline Scott Corley on 9/8/2017. (ahm, COURT STAFF) (Filed on 9/8/2017)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 KARL STORZ ENDOSCOPY-AMERICA, INC., 8 9 10 United States District Court Northern District of California 11 Plaintiff, v. STRYKER CORPORATION, et al., Case No.14-cv-00876-RS (JSC) ORDER REGARDING PLAINTIFF'S MOTION TO COMPEL ATTORNEY WORK PRODUCT Re: Dkt. No. 300 Defendants. 12 13 Defendants have asserted an advice of counsel defense. Plaintiff moves to compel certain 14 attorney work product withheld on privilege grounds. After reviewing the parties’ submissions 15 and supporting evidence, the Court DENIES the motion. As the Federal Circuit has held: 16 17 18 19 20 21 Work-product waiver extends only so far as to inform the court of the infringer's state of mind. Counsel's opinion is not important for its legal correctness. It is important to the inquiry whether it is “thorough enough, as combined with other factors, to instill a belief in the infringer that a court might reasonably hold the patent is invalid, not infringed, or unenforceable.” Ortho Pharm. Corp. v. Smith, 959 F.2d 936, 944 (Fed.Cir.1992). It is what the alleged infringer knew or believed, and by contradistinction not what other items counsel may have prepared but did not communicate to the client, that informs the court of an infringer's willfulness. In re Echostar Comm. Corp., 448 F.3d 1294 (Fed. Cir. 2006). The Court finds that 22 the withheld attorney work product was not communicated to Stryker and thus does 23 not inform the court or the jury of Stryker’s willfulness. 24 This Order disposes of Docket No. 300. 25 IT IS SO ORDERED. 26 Dated: September 8, 2017 27 28 1 JACQUELINE SCOTT CORLEY United States Magistrate Judge 2 3 4 5 6 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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