Discovery Concerning Opinions of Counsel

(a) The substance of a claim of reliance on advice of counsel offered in defense to a charge of willful infringement, and other information within the scope of a waiver of the attorney client privilege based upon disclosure of such advice, is not subject to discovery until seven (7) days after the court's claim construction ruling.

(b) On the day advice of counsel information becomes discoverable under LPR 3.6(a), a party claiming reliance on advice of counsel shall disclose to all other parties the following:

(1) All written opinions of counsel upon which the party will rely;

(2) All information provided to the attorney in connection with the advice;

(3) All written attorney work product developed in preparing the opinion that the attorney disclosed to the client; and

(4) Identification of the date, sender and recipient of all written and oral communications with the attorney or law firm concerning the subject matter of the advice by counsel.

(c) After advice of counsel information becomes discoverable under LPR 3.6(a), a party claiming willful infringement may take the deposition of any attorneys preparing or rendering the advice relied upon and any persons who received or claims to have relied upon such advice.

(d) This Rule does not address whether materials other than those listed in LPR 3.6(b)(1-4) are subject to discovery or within the scope of any waiver of the attorney client privilege.

(e) In a case where advice of counsel is considered relevant to a patent-related claim or defense, fact discovery relating to advice of counsel shall not commence until seven (7) days after entry of a claim construction ruling, notwithstanding LPR 1.3, and shall end forty-two (42) days after entry of the claim construction ruling.