Alcon Mfg., Ltd. V. Apotex, Inc., 2008 WL 5070465 (S.D. Ind. Nov. 26, 2008)

Key Insight: Court ordered return of electronically produced document containing privileged notations where document was inadvertently produced due to an ?electronic break error? and where upon realizing the inadvertent production, plaintiff objected to the use of the document and sought its return; in so holding, court considered applicability of ER 502 and a protective order between the parties that contemplated the non-waiver of privilege upon inadvertent production

Nature of Case: Patent lawsuit

Electronic Data Involved: Electronically produced document

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