Southwire Co. v. Essex Group, Inc.

MEMORANDUM OPINION

PRENTICE H. MARSHALL, District Judge.

This case presents a question of considerable practical importance to litigants in patent infringement actions. Defendant Essex Group, Inc. (“Essex”) has filed a motion for summary judgment asserting that plaintiff Southwire Company (“Southwire”) is es-topped from enforcing its patent because of Essex’ detrimental reliance on Southwire’s non-action. Plaintiff urges that by making this argument, Essex has waived the attorney-client privilege as to any documents that tend to show that Essex relied not on plaintiff’s failure to act but…