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ARTICLE · 13 FEBRUARY 2020

Common Interest Doctrine And Attorney-Client Privilege Protect Distributor's Email Communication With Defendant

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In a January 14, 2020, order, the Northern District of Illinois granted in part and denied in part, a plaintiff's motion to compel the production of documents withheld as privileged.

United StatesLitigation, Mediation & Arbitration
M. Andrew Holtman
M. Andrew Holtman
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In a January 14, 2020, order, the Northern District of Illinois granted in part and denied in part, a plaintiff's motion to compel the production of documents withheld as privileged. The court found that an email between the defendant and its third-party distributor concerning litigation strategy was protected by both attorney-client privilege and the common interest doctrine. In contrast, the court found additional emails involving only business discussions to be unprotected from disclosure.

Plaintiff, Beijing Choice Electronic Technology Co., Ltd. ("Choice") sued Contec Medical Systems USA, Inc. and Contec Medical Systems Co., Ltd. (collectively, "Contec") for infringing Choice's patents related to fingertip pulse oximeters. After the complaint had been filed, an attorney for Choice sent cease-and-desist letters to six Contec distributors, including Veridian Healthcare LLC ("Veridian"). Veridian, in turn, sought advice via email from Contec regarding how best

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