MCKERSSON INFORMATION SOLUTIONS, INC. v. Bridge Medical, Inc.

AMENDED MEMORANDUM AND ORDER

At the April 11, 2006 hearing on the parties’ motions in limine, the court took two of defendant Bridge Medical, Inc.’s (“Bridge”) motions under submission: (1) Bridge’s motion in limine # 5 to exclude evidence and testimony regarding its advice of counsel (Docket # 588) and (2) Bridge’s motion in limine # 6 to strike ten witnesses on plaintiff McKesson Information Solutions, Inc.’s (“McKesson”) witness list (Docket # 589). By this order, the court issues its decision on those motions.

First, regarding Bridge’s motion in limine # 5, Bridge has asserted the attorney-client privilege over an opinion of counsel it received regarding the '716 patent; Bridge does not intend to rely on said opinion to defend against McKesson’s charge of willful infringement. As such, by this motion, Bridge seeks to preclude any evidence or testimony regarding its assertion of the attorney-client privilege over its opinion of counsel. In support, Bridge relies on Knorr-Bremse Systeme Fuer Nutzfahrzeuge GmbH v. Dana Corp., 883 F.3d 1337 (Fed.Cir.2004) wherein the Federal Circuit held, overturning prior precedent, that: “the assertion of attorney-client and/or work-product…