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

Filing 213

Discovery Order re: 199 Joint Discovery Letter Brief re ChriMar Document filed by Cisco Systems Inc, Cisco Consumer Products LLC. Signed by Judge Maria-Elena James on 8/25/2014. (cdnS, COURT STAFF) (Filed on 8/25/2014)

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
7

CHRIMAR SYSTEMS INC, et al.,

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

Plaintiffs,
8

DISCOVERY ORDER

v.

Re: Dkt. No. 199

9
10

CISCO SYSTEMS INC, et al.,
Defendants.

United States District Court
Northern District of California

11
12
13

On August 12, 2014, the parties filed a joint discovery dispute letter regarding whether

14

ChriMar has properly claimed attorney-client privilege over an e-mail sent by John Austermann, a

15

named inventor of the patent-in-suit, to himself. Dkt. No. 199. ChriMar has submitted the e-mail

16

for in camera review, and the Court conducted a telephonic conference on August 19, 2014. At

17

the conference, the Court informed the parties that the e-mail did not appear to be a privileged

18

communication, but it gave ChriMar the opportunity to submit a declaration from Glenn Forbis

19

showing otherwise by August 22, 2014. Dkt. No. 204. ChriMar has now notified the Court that it

20

will not be submitting a declaration from Mr. Forbis. Dkt. No. 212. Accordingly, the Court finds

21

that ChriMar has not met its burden of proving the existence of the privilege, and must therefore

22

produce the e-mail to Defendants.

23

IT IS SO ORDERED.

24
25
26
27
28

Dated: August 25, 2014
______________________________________
MARIA-ELENA JAMES
United States Magistrate Judge