District Court: Common Interest May Protect Communications with Third Parties from Discovery, but Not Always

April 1, 2025District of Delaware, Patent Litigation, Patent Infringement

The District of Delaware recently denied in part a motion to compel production of documents and testimony between a patentee and potential investors, valuation firms and an international bank based on the common interest exception. In so doing, the court reaffirmed that disclosure of privileged information to third parties will generally waive privilege unless it can be shown that the parties’ interests are identical and the communications are legal, not solely commercial.

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