Incite, that is the central issue. There are several documents and I wonder if Fish saved everything Higgins did. What I mean to say is that A-C privilege would certainly cover related documents to Moore's and Higgins' relationship. If Fish didn't save all his correspondence with Higgins, the evidence provided by Higgins would be inadmissable if the court decided to ban Higgins.
That is the issue, and I highly doubt Higgins will not be allowed to testify because all correspondence was conducted openly between both inventors. Fish has the right to wave his A-C privilege and that IMO is enough for Higgins to consult for PTSC. How else could the court discover the truth w.out Higgins?
I spoke to Lowell Giffhorn and I asked an interesting question, so I feel ok.
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