Legal Opinion

Hewlett-Packard Co. v. Bausch & Lomb Inc.

District Court, N.D. California

Decided April 9, 1987No. Nos. C 84 20642 RPA, C 86 20406 RPAPublishedCited by 32 opinions

1Opinion of the Court

WAYNE D. BRAZIL, United States Magistrate.

The issue in this discovery dispute is whether defendant Bausch & Lomb waived its rights under the attorney-client privilege and/or the work product doctrine when it voluntarily disclosed its attorney’s opinion letter to a non-party with whom it was attempting to negotiate the sale of a business. The letter concerned the validity and possible infringement of plaintiff Hewlett-Packard’s LaBarre patent. This patent is in issue in the present litigation.

Defendant disclosed the letter to non-party GEC at a time when defendant and GEC were involved in…

2Cases cited2 opinions

  1. Duplan Corporation v. Deering Milliken, Inc.District Court, D. South Carolina · 1974
  2. Union Carbide Corp. v. Dow Chemical Co.District Court, D. Delaware · 1985

3Cited by32 opinions

  1. United States v. Massachusetts Institute of TechnologyCourt of Appeals for the First Circuit · 1997
  2. Remington Arms Co. v. Liberty Mutual InsuranceDistrict Court, D. Delaware · 1992
  3. Nidec Corp. v. Victor Co. of JapanDistrict Court, N.D. California · 2007
  4. Griffith v. DavisDistrict Court, C.D. California · 1995
  5. Oxy Resources California LLC v. Superior CourtCalifornia Court of Appeal · 2004

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