After plaintiff waived privilege as to prosecution counsel by submitting a privileged letter from counsel to the USPTO during reexamination of the patent-in-suit, defendant asked that the Court reopen discovery as to the privilege waiver. The Court denied defendant's motion, because the letter had originally been identified on plaintiff's privilege log in August 2006, and even though privilege was not waived until March 2012, defendant waited until September 2012 to request additional documents from plaintiff. With the pre-trial order having been entered in October 2010 and trial scheduled to commence in less than three weeks, the Court held that reopening discovery at this late stage would unduly delay the case. Unicom Monitoring, LLC v. Cencom, Inc., No. 06-cv-01166 (D.N.J. Apr. 9, 2013) (Arpert, M.J.).
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