Luv N' Care, Ltd. v. Williams Intellectual Property

Civil Action No. 18-MC-00212-WJM-KLM (2019)

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Luv N’ Care, Ltd. v. Williams Intellectual Property

United States District Court for the District of Colorado
Civil Action No. 18-MC-00212-WJM-KLM (2019)

Facts

Luv N’ Care, Ltd. (plaintiff) marketed a combined placemat and bowl for toddlers. Lindsey Laurain’s company, Eazy-PZ, LLC, also marketed a combined placemat and bowl. Luv N’ Care sued Laurain for patent infringement. Luv N’ Care then brought an action in federal district court in Colorado against Williams Intellectual Property (defendant), the patent-agent firm that had assisted Laurain in prosecuting her patents before the United States Patent and Trademark Office (PTO). In the Colorado action, Luv N’ Care sought documents relating to Williams’s work for Laurain. Williams claimed that the documents were protected by the patent-agent privilege and refused to produce them. Williams prepared a privilege log in support of its assertion of the privilege. Some of the entries in the log concerned communications between Laurain and her patent agent, Ben Williams. The log claimed that the communications were privileged because they concerned “advice of patent agent and/or advice of patent agent + advice of counsel.” Luv N’ Care moved to compel production of the documents.

Rule of Law

Issue

Holding and Reasoning (Mix, J.)

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