Free Order - District Court of Delaware - Delaware

Case 1:04-cv-01199-SLR Document 304 Filed 06/21/2006 Page1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
SRI INTERNATIONAL INC., a )
California corporation, )
Plaintiff, g
v. 3 Civ. No. 04~II99—SLR
INTERNET SECURITY SYSTEMS, i
INC., a Georgia corporation, )
SYMANTEC CORPORATION, a )
Delaware corporation, and )
INTERNET SECURITY SYSTEMS )
INC., a Delaware corporation, )
Defendants. 3
O R D E R
At Wilmington this 21* day of June, 2006, having heard
argument and reviewed evidence in connection with the matter of
the inadvertent disclosure of the document bearing Bates stamp
SYMPOOB6070—76;
IT IS ORDERED that plaintiff shall return or destroy the
copies of said document in its possession, consistent with the
provisions of H 20 of the parties' stipulated protective order.
The court concludes that the document is protected by the
attorney client privilege and that the use of the document at Mr.
Geiger’s deposition does not serve to waive the privilege, as Mr.
Geiger was not authorized to waive the corporation's privilege

Case 1:04-cv—01199—SLR Document 304 Filed 06/21/2006 Page 2 of 2
and counsel was diligent in preserving the privilege in the
context of the case by seeking the return of the document within
two weeks of its disclosure, as contemplated by H 20.
IT IS FURTHER ORDERED that plaintiff's request to add claims
74 and 78 of the ‘6l5 patent is denied, as the record contains no
compelling evidence that inclusion of the claims could not have
occurred timely or that inclusion now, after the close of both
fact and expert discovery, would not unduly prejudice defendants.
United Stages District Judge
2