Dennis has written up a nice post about Wi-Lan, Inc. v. LG Elec., Inc. (Fed. CIr. 2012), available here. Boiled down, in an effort to negotiate a settlement, Wi-Lan forwarded a letter to the accused infringer that had originally been sent to the patentee by its lawyers, laying out why there was infringement. Once litigaition ensued, the accused infringer argued that privilege had been waived.
My question is: why on earth did the letter get forwarded? Why didn't they just copy the text into a "here's why you infringe" letter, and avoid the whole thing?