ViaTech Technologies Inc. v. Microsoft Corporation

Filing 199

AMENDED MEMORANDUM ORDER ruling on a document production dispute. Signed by Judge Richard G. Andrews on 12/1/2016. (nms)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE

VIATECH TECH. INC.,

Plaintiff,
No. 14-cv-1226 (RGA)

v.
MICROSOFT CORP.,

Defendant.

MICROSOFT CORP.,

Movant,
No. 16-mc-232 (RGA)

v.
RANDOM PERSPECTIVES, LLC.,

Respondent.

AMENDED MEMORANDUM ORDER

Defendant Microsoft is seeking documents from PlaintiffViaTech and third
party Random Perspectives in a patent dispute. ViaTech and Random Perspectives
have claimed those documents are privileged under the attorney-client privilege and
common interest doctrine. After a hearing on November 8th, I ordered the
documents produced for in camera review. After review of the documents, I am
ordering production of documents designated as 1 and 2 on the Random
Perspectives privilege log and maintaining the claim of privilege on documents
listed as 4, 5, 6, 7, 8, and 9. As Random Perspectives and ViaTech have committed

themselves to producing documents 3, 10, and 11, I will not address those
documents.
Random Perspectives and ViaTech have failed to show that documents 1 and
2 are privileged. These documents were written by non-lawyers and explicitly state
they do not provide legal advice, but rather were created as an offer of sale. The
substance and dates of documents 4, 5, 6, 7, 8, and 9 do support ViaTech and

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Random Perspectives' claim that the documents were prepared at the request of

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counsel and for the purpose of obtaining legal advice.

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IT IS SO ORDERED this

J_ day of December 2016.

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