Mycone Dental Supply Co., Inc. v. Creative Nail Design, Inc., No. C-12-00747-RS (DMR), 2013 WL 478053 (N.D. Cal. Sep. 4, 2013)

Key Insight: Court denied third party’s request for return of allegedly privileged letters between third party and its patent lawyer because third party did not promptly take reasonable steps to rectify the error when it sent a clawback letter 49 days after it discovered the disclosure of at least one of the disputed documents during a Rule 30(b)(6) deposition; court rejected third party?s excuses and stated that third party ?should have recalled the document that was used in the deposition immediately after the deposition and then conducted a more thorough and timely investigation into the rest of the production after the initial clawback request?

Nature of Case: Patent infringement

Electronic Data Involved: Nine attorney letters totaling approximately 58 pages