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“Community-of-interest privilege bars discovery of email exchange”

By: Counsel Tom McNulty

Published on Massachusetts Lawyers Weekly

The “community-of-interest privilege” protected a defendant company from having to produce — in the context of a patent dispute with a competitor — a chain of emails discussing legal implications of a non-finalized licensing agreement between it and a third-party distributor, a U.S. District Court judge has ruled.

The agreement was to have made the distributor the exclusive licensee of the product that was the subject of the underlying patent lawsuit.

The plaintiff competitor, who had sought a declaratory judgment that its own product did not infringe on the defendant company’s patent, argued that involving parties other than the defendant and its attorney in the email discussion waived the attorney-client privilege with respect to the emails. 

Read the full article published on Massachusetts Lawyers Weekly


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