(a) Unless otherwise ordered by the Court, not later than thirty (30) days after entry
of the Court’s claim construction order, or upon such other date as is set by the
Court, each party relying upon advice of counsel as part of a patent-related claim
or defense for any reason shall:
(1) Produce or make available for inspection and copying any written advice
and documents related thereto for which the attorney-client privilege and
work product protection have been waived;
(2) Provide a written summary of any oral advice and produce or make
available for inspection and copying that summary and documents related
thereto for which the attorney-client privilege and work product protection
have been waived; and
(3) Serve a privilege log identifying any documents other than those identified
in subpart (1) above, except those authored by counsel acting solely as
trial counsel, relating to the subject matter of the advice which the party is
withholding on the grounds of attorney-client privilege or work product
protection.
(b) After advice of counsel information becomes discoverable pursuant to Local
Patent Rule 5.2(a) a party claiming willful infringement may take the depositions
of any attorneys preparing or rendering the advice relied upon and any persons
who received or claims to have relied upon such advice.
(c) A party who does not comply with the requirements of this Local Patent Rule 5.2
shall not be permitted to rely on advice of counsel for any purpose absent a
stipulation of all parties or an order of the Court.
