DISCOVERY OF THE SUBSTANCE OF OPINIONS OF

COUNSEL (a) The substance of any advice of counsel tendered in defense to a charge of willful infringement, and any other information which might be deemed to be within the scope of a waiver attendant to disclosure of such advice, shall not be discoverable until the earlier of: (1) five (5) days after a ruling on summary judgment indicating a triable issue of fact to which willfulness would be relevant; or PR-10 (2) thirty (30) days prior to the close of fact discovery under the discovery track to which the case is assigned. (b) On the day such willfulness information becomes discoverable, the party relying on such advice shall produce the following: (1) a copy of all written opinions to be relied on by the party opposing the claim of infringement; (2) a copy of all materials or information provided to the attorney in connection with the advice; (3) a copy of all written attorney-work product developed in the course of preparation of the opinion and which work product was disclosed to the client; (4) identification of the date, sender and recipient (but not necessarily the substance) of all written or oral communications between the attorney or law firm rendering any opinions to be relied on, which communications discuss the same subject matter as such opinion. (c) After such willfulness information becomes discoverable, a party claiming willful infringement shall be entitled to take the deposition of any attorneys rendering the advice relied on and any persons who received such advice, including but not limited to any person who claims to have relied on such advice. (d) These rules contain no presumption as to whether any materials other than those specifically required to be produced by this rule are, in fact, discoverable or subject to the scope of the waiver of any attorney client privilege.

Resolution of any dispute over disclosure of further material shall be left to the Court.