Court Shields Haptic’s Litigation-Funding Files From Apple
A Northern District of California decision has handed patent plaintiff Haptic Inc. an important procedural win in its infringement fight with Apple over the iPhone’s “Back Tap” feature.
An article in eDiscovery Today by Doug Austin details Judge Jacqueline Corley’s ruling that work-product protection extends to Haptic’s damages analyses and related documents that were shared with a third-party litigation funder during due diligence.
Although Apple argued that those materials might reveal funder influence over strategy or settlement posture, the court held that Apple showed no “substantial need” sufficient to overcome the privilege. The opinion also rejects Apple’s broader bid for a blanket production of Haptic-funder communications, finding the parties had executed robust NDA and common-interest agreements that preserved confidentiality and avoided waiver. Only royalty-base spreadsheets directly relevant to Georgia-Pacific damages factors must be produced, but even those remain shielded from broader disclosure.
Judge Corley’s order is the latest in a string of decisions limiting discovery into financing arrangements unless a defendant can identify concrete, case-specific prejudice. For funders, the ruling underscores the importance of tight contractual language—and disciplined information flows—in preserving privilege. For corporate defendants, it signals that speculative concerns about control or conflicts will not, standing alone, open the door to funder dossiers.