· 5/3/2006
In Re Echostar Communications Corporation
Citations
- 448 F.3d 1294
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding that Echostar waived attorney client privilege over communications when it asserted the defense of reliance on advice of counsel
- explaining that work product that is never communicated to the client is not discoverable
- distinguishing between “factual” and “opinion” work product in analyzing advice-of-counsel defense to a charge of patent infringement
- finding waiver “for any document or opinion that embodies or discusses a communication to or from it concerning whether that patent is valid, enforceable, and infringed by the accused”
- \[W]ork-product immunity . . . promotes a fair and efficient adversarial system. . . .\
- “[W]ork product waiver is not a broad waiver of all work product related to the same subject matter like the attorney-client privilege.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Schall, Gajarsa, Prost
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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