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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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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KARL STORZ ENDOSCOPY-AMERICA,
INC.,
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United States District Court
Northern District of California
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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.
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Defendants have asserted an advice of counsel defense. Plaintiff moves to compel certain
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attorney work product withheld on privilege grounds. After reviewing the parties’ submissions
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and supporting evidence, the Court DENIES the motion. As the Federal Circuit has held:
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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
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the withheld attorney work product was not communicated to Stryker and thus does
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not inform the court or the jury of Stryker’s willfulness.
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This Order disposes of Docket No. 300.
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IT IS SO ORDERED.
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Dated: September 8, 2017
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JACQUELINE SCOTT CORLEY
United States Magistrate Judge
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United States District Court
Northern District of California
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