Informatica
Informatica Corp. v. Business Objects Data Integration, Inc.
Opinion
Opinion
Larson, J.
ORDER GRANTING IN PART MOTION TO COMPEL (Docket # 187)
Summary
Plaintiff Informática Corporation (“In-formática”) moves to compel answers to interrogatories and production of documents which Defendant BODI withholds as protected by the attorney-client privilege and the work product doctrine. The motion is- granted in part. This Court finds that BODI waived attorney-client privilege for both pre- and post-filing communications on the subject of the opinion on which it relies for its advice-of-counsel defense and for work product on the same subject which was communicated to BODI, including documents which reference any attorney-client communications on that subject. Such waiver applies to opinion counsel and trial counsel alike.
While opinion counsel and trial counsel can be walled off from each other, the immurement is immaterial—what matters, according to the Federal Circuit in EchoS-tar, is the state of mind of BODI relative to infringement. It is immaterial whether BODI’s opinion counsel and trial counsel are from the same firm, different firms or are even the same person. What matters is the following:
1. BODI relies on advice of counsel as a defense to Informatica’s…