Per California Judge, Patent Plaintiff’s Agreement and Communications with Third-Party Funder Are Protected by Work Product Doctrine

October 22, 2020

Earlier this month, RPX noted two recent decisions issued in patent cases and related to discoverability of litigation funding agreements and communications with third-party funders. This week saw a notable development in one of those cases, with a California judge ruling that while Impact Engine, Inc.’s agreement and communications with its third-party funder are relevant to the company’s patent infringement suit against Alphabet (Google) (3:19-cv-01301), they are also protected from discovery by the work product doctrine.

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