SNK Corp. of America v. Atlus Dream Entertainment Co.

ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF’S MOTION TO COMPEL THIRD PARTY IRELL & MANELLA LLP TO PRODUCE DOCUMENTS PURSUANT TO SUBPOENA D UCES TECUM

I. INTRODUCTION

The events underlying the present action stem from an unsuccessful patent infringement suit. In November, 1997, Defendant Atlus Dream Entertainment Co., Ltd. (“Atlus Dream”) brought a patent infringement claim against plaintiffs SNK Corporation of America and SNK Corporation (collectively *567 “SNK”) and, less than five months later, withdrew the claim after allegedly discovering certain information from third party witnesses. Following the dismissal of the infringement claim, SNK sued defendants Atlus Dream, Atlus Co., Ltd., and Image-Ware Software, Inc. for damages incurred from having to defend the infringement claim. One of SNK’s claims is for malicious prosecution, which defendants Atlus Dream Entertainment Co., Ltd. and Atlus Co., Ltd. (collectively “Atlus”) defend by asserting that they had probable cause to file the infringement suit because they relied on advice of counsel in instituting the infringement suit. Plaintiff SNK served a subpoena duces tecum on the law firm of Irell & Manella LLP (“the…