Legal Opinion
Sharper Image Corp. v. Honeywell International Inc.
District Court, N.D. California
Decided July 28, 2004No. Nos. C 02-4860 CW(WDB), C 04-0529 CW(WDB)PublishedCited by 9 opinions
1Opinion of the Court
OPINION AND ORDER RE SCOPE OF WAIVER OCCASIONED BY DEFENDANT’S INVOCATION OF “ADVICE OF COUNSEL” DEFENSE TO CHARGE OF WILLFUL INFRINGEMENT
BRAZIL, United States Magistrate Judge.
In this opinion and order we address difficult questions about the scope of the waivers 1 of the attorney client privilege and the work product doctrine that are occasioned by Kaz’s decision to rely, in part,2 on advice of counsel in defending itself against Sharper Image’s allegation of willful infringement.
The issues we confront have not been resolved by the United States Court of Appeals for the Federal Circuit3 —…
2Cases cited47 opinions
- Herbert Markman and Positek, Inc. v. Westview Instruments, Inc. And Althon Enterprises, Inc.Court of Appeals for the Federal Circuit · 1995
- Comark Communications, Inc. v. Harris CorporationCourt of Appeals for the Federal Circuit · 1998
- A.C. Aukerman Company v. R.L. Chaides Construction Co.Court of Appeals for the Federal Circuit · 1992
- Kewanee Oil Co. v. Bicron Corp.Supreme Court of the United States · 1974
- The Read Corporation and F.T. Read & Sons, Inc. v. Portec, Inc., D/B/A Portec/kolberg DivisionCourt of Appeals for the Federal Circuit · 1992
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3Cited by9 opinions
- Cargill, Inc. v. Sears Petroleum & Transport Corp.District Court, N.D. New York · 2005
- Collaboration Properties, Inc. v. Polycom, Inc.District Court, N.D. California · 2004
- Genentech, Inc. v. Insmed IncorporationDistrict Court, N.D. California · 2006
- Informatica Corp. v. Business Objects Data Integration, Inc.District Court, N.D. California · 2006
- Carlson Marketing Group, Inc. v. Royal Indemnity Co.District Court, D. Minnesota · 2007
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