December 29, 2014 – The Southern District of Texas denied RLIS, Inc.’s motion to compel Cerner Corp. to produce an unredacted version of an email. Cerner claimed that the redacted portions of the email were the only parts protected by attorney-client privilege. RLIS argued that the attorney-client privilege protected the entire email, and that Cerner waived the privilege by partially producing it. The Court held that Cerner did not waive privilege under Federal Rules of Evidence Rule 502(a) by selectively disclosing the email because it was not persuaded that portions of the communication were intentionally redacted in a “selective, misleading and unfair manner.” The patents-at-issue were U.S. Patent Nos. 5,823,948 and 7,076,436, both entitled “Medical Records, Documentation, Tracking and Order Entry System.” The case is captioned RLIS, Inc. v. Cerner Corp., 3:12-cv-209, in the Southern District of Texas, Galveston Division.
By: Christopher J. Stankus