Judge Ferguson Finds That General Electric Did Not Waive Privilege Through Its Corporate Counsel’s Trial Testimony

On April 5, 2013, Judge Ferguson issued a thorough opinion (available here) finding that GE’s corporate counsel did not waive the attorney-client privilege during his trial testimony. The opinion is worth a read as it provides an in depth examination of privilege issues. Ultimately, Judge Ferguson held that, although GE’s corporate counsel disclosed certain details about his communications with outside counsel, as well as GE engineers’ contact with outside counsel, the testimony did “not constitute a waiver of privilege because the revelations are evidence from the face of the [patent-in-suit].”

GE is represented by Ray GuyAnish DesaiCarmen BremerDavid Lender, and Eric Hochstadt, all of Weil Gotshal & Manges LLP; and Andrew BrownDavid Ball, Jr.Moses Silverman, and Nicholas Groombridge, all of Paul Weiss Rifkind Wharton & Garrison LLP.

Mitsubishi is represented by Vic Henry and Lane Fletcher, both of Henry Oddo Austin & Fletcher; and Alice LoughranAndrew SloniewskyCharles ColeEmily NestlerFiliberto AgustiHouda MoradMartin SchneidermanPatricia PalaciosSeth WatkinsShannen CoffinSteven Barber, and Tremayne Norris, all of Steptoe & Johnson LLP; and Cortney AlexanderGerald IveyJeffrey TottenNaoki YoshidaRoger TaylorThomas JenkinsThomas Winland,  Tyler Akagi, and Virginia Carron, all of Finnegan Henderson Farabow Garrett & Dunner LLP.

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