Defendants' Motion to Compel Granted in Part in Patent Case

Flashmark Technologies LLC v. GTECH Corp., 2007 WL 2264765(E.D.Tex. Aug 06, 2007) (NO. CIVA 206-CV-205)
Judge: Keith Giblin
Holding: Defendants' Motion to Compel GRANTED in part
Defendants sought production of documents redacted by the Plaintiff on grounds of relevance or privilege.  Judge Giblin reviewed the documents in camera and granted the motion in part.  As to the documents redacted on the basis of relevance, Judge Giblin permitted the defendants to inspect the documents at a place designated by plaintiff, and cautioned the parties about further discovery disputes on these documents.
With respect to documents claimed to be privileged, plaintiff did not show that the attorney/client privilege applied, so Judge Giblin examined the documents under work product protection principles, and found that Plaintiff had met its burden of establishing that work product protection applied to these documents. Because Defendants did not show that this privilege was waived, or that a substantial need existed to examine these documents, Defendants' Motion to Compel production of these documents was denied.