...the issue here is Higgins and attorney-client privilege. The Defendants want access to ALL Higgins's material, the slight problem for the Court is the fact that Moore did NOT sign a waiver to his attorney-client privilege with respect to Higgins's work prosecuting the '334 application. Fish did.

Should the Court allow the Higgins material there is the argument that it would be making a new law(which only Congress is so able to do)and there is the prospect of an immediate Appeal.(There are other legal aspects at which I have hinted and which are also grounds for Appeal should the judgment go against TPL).

Be well