Chiron Corp. v. Genentech, Inc.

ORDER

On December 6, 2001, the parties, by and through their counsel, were heard in connection with Chiron’s motion to compel further production of documents related to the advice of counsel defense asserted by Genentech. Counsels’ appearances were identified on the record.

Introduction and Summary

One of the defenses raised in the instant litigation (hereafter the ’561 patent) is advice of counsel. This defense pertains to Chiron’s claim that Genentech willfully infringed the ’561 patent. Genentech agrees that it has waived attorney-client privilege and work product immunity because of its affirmative defense; the issue disputed is the scope or extent of the waiver. Subsidiary disputes involve the completeness of Genentech’s privilege log; however, these disputes will be resolved (to a large extent) by the court’s specific rulings on the extent of Genentech’s waiver.

After thorough consideration of the parties’ positions, and in light of the analysis below, the court finds that Genentech shall produce (to the extent that it has not already done so):

1. All documents reflecting communications, including those otherwise encompassed by the attorney-client privilege, to and from…