ChriMar Systems Inc. et al v. Cisco Systems Inc. et al

Filing 200

Discovery Order re: Joint Letter, Dkt. No. 199. ChriMar is ordered to submit the disputed email for in camera review by 8/15/2014. Signed by Judge Maria-Elena James on 8/13/2014. (cdnS, COURT STAFF) (Filed on 8/13/2014)

1
2

UNITED STATES DISTRICT COURT

3

NORTHERN DISTRICT OF CALIFORNIA

4
5

CHRIMAR SYSTEMS INC, et al.,

Case No. 13-cv-01300-JSW (MEJ)

Plaintiffs,
6

DISCOVERY ORDER

v.

Re: Dkt. No. 199

7
8

CISCO SYSTEMS INC, et al.,
Defendants.

9
10

United States District Court
Northern District of California

11

On August 12, 2014, the parties submitted a joint discovery letter addressing a dispute

12

concerning an email Plaintiff ChriMar produced in the related ITC Investigation and subsequently

13

“clawed back” in that investigation on the basis of the attorney-client privilege and/or the work-

14

product doctrine. Dkt. No. 199. The email was sent by John Austermann, a named inventor of the

15

patent-in-suit, to himself. It is ChriMar’s position that the email is privileged because it reflects

16

legal advice in the form of personal notes Mr. Austermann took of a conversation he had with his

17

attorney, Glenn Forbis. Defendants have propounded document requests in this action requesting

18

that ChriMar produce the clawed-back email.

19

Upon review of the parties’ positions, the Court ORDERS ChriMar to submit the email for

20

in camera review by August 15, 2014. Although ChriMar requests the opportunity to submit

21

declaration testimony of Mr. Austermann in camera explaining his efforts to confirm the

22

privileged nature of the document, the Court finds no further testimony necessary at this time.

23

IT IS SO ORDERED.

24
25
26
27
28

Dated: August 13, 2014
______________________________________
MARIA-ELENA JAMES
United States Magistrate Judge