Phoenix Technologies Ltd. v. VMware, Inc.
Opinion
Lead Opinion
Ryu, J.
ORDER ON VMWARE’S MOTION TO COMPEL
In this copyright infringement case, Defendant VMware, Inc. (“VMware”) moved *1098 to compel in camera review and production of documents withheld by Plaintiff Phoenix Technologies Ltd. (“Phoenix”) upon its assertion of attorney-client and work product privileges. [Docket No. 79.] On April 14, 2016, following a hearing, the court granted VMware’s motion in part, and ordered Phoenix to submit for in camera review documents withheld solely on the basis of the work product doctrine. [Docket No. 92 (Minute Order).] Having reviewed the documents in camera, the court now enters the following order on VMware’s motion to compel production.
I. FACTUAL BACKGROUND
A. Phoenix’s Allegations in This Lawsuit
Phoenix filed this copyright infringement and breach of contract case against VMware in March 2015. Phoenix alleges that it is a pioneer in the computing industry, and that its BIOS (Basic Input/Output System) programs have “played a key part in personal computers” for over 30 years. Compl. ¶ 2. VMware is a software company. It provides virtualization software that allows a user to “create one or more ‘virtual machines’ that run on a single physical…