Judge Young partially denied Bio-Rad’s motion for a protective order in this patent infringement case. Bio-Rad had objected to several of the topics designated in Stilla’s notice of deposition of the company pursuant to Rule 30(b)(6). Judge Young determined that, other than assertions of attorney-client and work product privileges, Bio-Rad’s objections were overruled as to specific topics, but were otherwise sustained.
Of interest, Judge Young noted that he was “troubled by Bio-Rad’s apparently reflexive and possibly overbroad assertion of the attorney-client privilege” in the case, and states that “it is an open question in this circuit whether assertion of the attorney client privilege warrants drawing a negative inference.” He indicated that he would not sustain an assertion of privilege as to any document that was not included in a privilege log stating with particularity the grounds for the assertion of privilege.
This is not his first admonishment regarding discovery issues in this case. He had previously warned the parties that, where discovery had been requested and refused, he would strictly restrict the non-producing party from relying on such undisclosed evidence.
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