Conceptus Waived Privilege For Prior Art Letter: Judge

Law360, New York (October 7, 2010, 5:39 PM EDT) -- The judge overseeing Conceptus Inc.'s patent suit against Hologic Inc. over competing contraceptive devices has ruled that Conceptus waived attorney-client privilege with respect to a letter it said was inadvertently produced in prior litigation and then forked over again in the immediate case.

Judge William Alsup of the U.S. District Court for the Northern District of California signed off Tuesday on an order granting Hologic's motion to declare attorney-client privilege waived, holding that the plaintiff failed to take reasonable steps to prevent disclosure.

At issue is...
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