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Articles Posted in Discovery

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Personal Web v. IBM: IBM’s Motion to Compel Documents from Privilege Log Denied Where Motion Was Filed After Discovery Cut-Off

In this patent infringement action, IBM filed a motion to compel production of certain documents that were withheld as privileged. IBM contend that time was of the essence when it filed its motion. The district court was not persuaded by the urgency of the request or that time “was of…

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District Court Orders Production of Past Testing from Prior Litigations Despite Confidentiality of Third Parties

Dexcel filed a motion to compel contending that Takeda has refused to provide any fact discovery concerning Takeda’s methods for particle size analysis used in prior litigations or underlying the data in the patents-in-suit. Dexcel asserted “that this information was relevant because it targets whether Takeda’s position as to test…

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District Court Grants Motion to Compel Responses to Interrogatories Even Though Interrogatories Contained Discrete Subpart Where There was only One Accused Product

Plaintiff Synopsys, Inc. (“Synopsys”) filed a motion to compel defendant, ATopTech, to respond to interrogatories. ATopTech opposed the motion by arguing that it had already answered Synopsys’s Set One, Interrogatory Nos. 1-5, which contained at least 21 discrete subparts. ATopTech therefore contended that it was “not required to respond to…

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District Court Orders Additional Deposition of Defendant after Witness Changed Numerous Deposition Answers in Errata

The plaintiff, Chrimar Systems Inc. and Chrimar (“Chrimar”) filed a motion to compel an additional deposition of Defendant D-Link Systems, Inc.’s (“D-Link”) corporate representative, William C. Brown. Chrimar previously took the deposition of D-Link’s corporate representative, pursuant to Federal Rule of Civil Procedure 30(b)(6). After the deposition concluded, Mr. Brown…

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After Plaintiff Asserted Boilerplate Objections to Discovery, District Court Orders Plaintiff’s Objections Waived

The plaintiff filed a complaint against the defendant for patent infringement, trade dress infringement and unfair competition, among other claims, based on the defendants’ marketing and selling of portable vaporizers. The plaintiff contended the portable vaporizers incorporated the plaintiff’s technology. After serving discovery, the defendants filed a motion to compel…

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District Court Grants Plaintiff’s Motion for Preliminary Injunction to Preclude Defendant from Discussing Case with Plaintiff’s Former President Who Now Works for Defendant

In this patent infringement action, the Defendant, GHP Group, Inc. (“GHP”), hired the Plaintiff’s, ProCom Heating, Inc. (“ProCom”), president during the litigation. The Plaintiff then filed a request for a temporary restraining order and a preliminary injunction to preclude the Defendant from discussing the case with the Plaintiff’s former president.…

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District Court Refuses to Amend Protective Order to Permit Expert, Who Was Former Employee of Competitor, to Review Confidential Documents

In this patent infringement action, the defendant, High 5 Games (“High 5”), moved for an order overruling the plaintiff’s, Konami Gaming, Inc. (“Konami”), objection to an expert witness viewing confidential information. In the alternative, High 5 moved to amend the stipulated protective order signed by the parties. As explained by…

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CG Technology v. DraftKings District Court Stays Discovery Pending Motion to Dismiss Challenging Validity of Asserted Patents Under Alice

DraftKings filed a motion to stay discovery until the district court had an opportunity to rule on the a motion to dismiss. The motion to dismiss asserted that all of the ten patents-in-suit were invalid because they claimed patent-ineligible subject matter. CG Technology opposed the motion. The district court began…

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District Court Holds that Document Retention and Destruction Policies Are Privileged under Court’s Default Discovery Standard

In this patent infringement action, the plaintiff sought production of the defendant’s document retention and document destruction policies. The defendant asserted that the request sought information protected by work product and attorney-client privilege. The plaintiff argued that the documents were merely corporate policies that could not be privileged. The district…

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District Court Denies Request for Production of Documents Provided to Prospective Litigation Funding Organizations

In this patent infringement action, the defendant sought the production of documents that the plaintif, IOENGINGE, had provided to potential companies that could fund litigation. IOENGINGED claimed that the documents were protected by the work product doctrine. The defendant sought production of the withheld documents. IOENGINE explained that the approximately…

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