Kraft Food Group Brands, LLC v. TC Heartland, LLC, et al., C.A. No. 14-028 – LPS-CJB, July 25, 2016. (unsealed August 1, 2016)

Burke, M. J. The court rules on the scope of waiver of the attorney-client privilege.

Plaintiff had objected to an interrogatory seeking information about persons with knowledge of a specific international patent application on the basis of attorney-client privilege and work product doctrine. It included however information about what a particular patent attorney knew about it and why she did not disclose it to the patent office. Defendant claimed there was a waiver and sought additional discovery to test the attorney’s response. The court finds that plaintiff waived the attorney client privilege with respect to the factual circumstances surrounding plaintiff’s awareness of the application and why plaintiff did not disclose it to the USPTO up to the date plaintiff cited the application to the PTO in connection with prosecution of its patent.