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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.