Microsoft Corporation v. Acacia Research Corporation, No. 1:2013cv08275 - Document 113 (S.D.N.Y. 2014)

Court Description: OPINION & ORDER: Plaintiff Microsoft seeks an order compelling the production of Defendant Acacia's communications with third parties who sold patents to Acacia. Acacia's assertion of the common interest privilege to justify its refusal to produce the requested documents is DENIED. Acacia is directed to comply with Microsoft's discovery request as further set forth in this order. The communications between Acacia and the third party sellers are not protected by a common interest privilege. Such materials are, therefore, discoverable and Acacia is directed to comply with Microsoft's request. (Signed by Judge Paul A. Crotty on 11/17/2014) (lmb)