Sprint Communications Company, L.P., filed a patent-infringement action against Comcast Cable Communications, LLC, Comcast IP Phone, LLC, and Comcast Phone of Kansas, LLC (collectively, “Comcast”). The district court had previously ordered Comcast to produce seven emails received by Comcast’s in-house patent counsel, David Marcus, that Comcast had improperly withheld as privileged. After it received copies of the emails, Sprint moved to compel Comcast to produce Marcus for a second deposition to answer questions related to the emails.
The district court explained that the “recently produced emails involve communications from 2007 between in-house counsel for Comcast, Cox, and Time Warner Cable, and attorneys from the law firm of Dreier, LLP. The three cable companies had jointly retained Dreier to monitor proceedings in a patent-infringement lawsuit that Sprint had brought against Vonage Holdings Corp. and Vonage America, Inc. in the District of Kansas. Some of the patents that were at issue in Vonage are at issue in this case.”
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