Judge denies crime-fraud exception discovery

February 18, 2015 –  Magistrate Judge L. Felipe Restrepo court denied defendants’ motion to compel documents plaintiff created at his counsel’s request for a separate infringement lawsuit, rejecting defendants’ argument that plaintiff perpetrated a fraud on the USPTO to obtain its patent.  The crime-fraud exception did not vitiate plaintiff’s claim of attorney-client privilege, because the document was created after the patent issued.  The case is Junker v. Medical Components, Inc. et al, 2-13-cv-04606 (PAED), regarding U.S. Design Patent No. D450,839 entitled “Handle for Introducer Sheath.”

By:  Scott A. McMurry