On November 5th, in conjunction with the National Association of Manufacturers, ACC filed an amicus brief in The Regents of the University of California et al. v. Affymetrix, Inc., et al in the U.S. Court of Appeals for the Federal Circuit. The case involves the issue of whether both parties need to be represented by counsel in order for the common interest doctrine to apply. In the case, Affymetrix was working with a smaller company to develop some dyes, and an Affymetrix employee sent an email to the company’s in-house counsel, copying the principal of the other company. The trial court found that as the second company was not represented by counsel, this communication was not considered privileged under the common-interest doctrine. ACC asserts that the lower court’s opinion creates uncertainty regarding whether the common-interest doctrine requires all parties to be represented by counsel and if left undisturbed, will limit the ability of companies to participate in collaborative efforts.
Click here to read the brief.