July 18, 2017. The court sustained plaintiff’s objection to the magistrate judge’s order denying in part its motion to compel the production of documents related to defendants’ opinion of counsel letters in the United States District Court for the District of Delaware. The Court found a broader subject matter waiver applied. The magistrate judge ordered defendants to produce specific documents identified by plaintiff as well as any additional documents listed in its privilege log that concern the subject matter of the advice of counsel. The Patent-at-issue is U.S. Patent Number 7077848 entitled “Sutureless Ocular Surgical Methods and Instruments for Use in Such Methods.” Plaintiff alleges that Defendant has imported, used, offered for sale, sold in and/or imported into the United States the accused products which are medical instruments used in ophthalmic surgery such as Alcon, MIVS, and Edgeplus. The case is captioned Johns Hopkins University v. Alcon Laboratories Inc. et al, 1-15-cv-00525.
By Katherine Kim