Case 1 :04-cv—OO858-SLR Document 269 Filed O9/27/2005 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
)
LML PATENT CORP., )
)
Plaintiil`, )
)
v. ) Civil Action No. 04-858 SLR
)
TELECHECK SERVICES, INC., )
ELECTRONIC CLEARING HOUSE, INC., )
XPRESSCHEX, INC., and )
NOVA INFORMATION SYSTEMS, INC., )
)
Defendants. )
)
SPECIAL DISCOVERY IVLASTER ORDER NO. 21
Defendant Nova Information Systems, Inc. ("NOVA") has submitted to the Special
Discovery Master ("SDM") eight documents listed below for in camera review by reason of the
contention by plaintiff LML that privilege has been waived as to these documents. NOVA is
defending this case, in part, by relying upon the opinion of counsel in respect to the issue of
willfulness that has been asserted by LML in this patent inlringement ease. _
_ The parties have submitted their briefs to the SDM and after review of those briefs, the
authority cited therein and an examination of the documents presented, the SDM rules as
follows:
E Documents Ruling Qi
#2 (hates NOVA PRIV 008) Privilege waived — document should
be produced ]
#3 (bates NOVA PRIV 009) Privilege waived — document should t
be produced l
I Orders to be issued by the Special Discovery Master in this matter will be consecutively numbered.
Case 1 :04-cv—OO858-SLR Document 269 Filed O9/27/2005 Page 2 of 2
Documents Ruling
#4 (bates NOVA PRIV 010) Privilege not waived — document
need not be produced
#5 (hates NOVA PRIV 011) Privilege not waived —- document
need not be produced
A #6 (bates NOVA PRIV 012) Privilege not waived — document
need not be produced
#7 (bates NOVA PRIV 014) Privilege not waived — document n
need not be produced
#8 (bates NOVA PRIV 015) Privilege not waived — document
need not be produced
. #58 (bates NOVA PRIV 0311) Privilege not waived - document
need not be produced
SO ORDE§
/ SP CIAL DIS OVERY MASTER
DATED: