Advice of Counsel

Unless otherwise ordered by the Court, not later than twenty-eight (28) days after entry of the Court’s Claim Construction Order, or upon such other date as set by the Court, each party relying upon advice of counsel as part of a patent-related claim or defense for any reason shall: (a) Produce or make available for inspection and copying any written advice and documents related thereto for inspection and copying any written advice and documents related thereto for which the attorney-client and work product protection have been waived; 2 The District Judge may refer the Claim Construction Hearing to the Magistrate Judge at his/her discretion. -12- (b) 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 and work product protection have been waived; and (c) Serve a privilege log identifying any documents other than those identified in subpart (a) 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. A party who does not comply with the requirements of Loc. Pat. R. 5.2 shall not be permitted to rely on advice of counsel for any purpose absent a stipulation of all parties or by order of the Court upon good cause shown.