The district court began its opinion with a simple direction to the parties: “Stop the shenanigans at depositions. Period.” The district court went on to explain that “[t]his Court has no patience for behavior like that exhibited at the deposition . . . It is unnecessary and unacceptable.” Showing that…
In one of several patent battles that Apple is waging across the country against Google’s Android operating system, Motorola moved to exclude the testimony of one of the inventors of the patent-in-suit. As part of determining this motion, the district court, Judge Posner, requested that Apple answer several questions in…
Apple noticed the depositions of several high-ranking employees at Samsung and moved to compel their depositions. As the district court explained, “Apple argues that it entitled to these depositions because each SEC witness has unique, firsthand, non-repetitive knowledge of facts and events central to this litigation. The SEC witnesses acted…
Plaintiff moved to compel the production of documents that were listed on the defendants’ privilege logs. The district court explained the disputed documents as follows: “The disputed documents at issue were either authored by Ablation Frontiers, Inc.’s (“AFI”) outside counsel for AFI, or Medtronic’s outside counsel for Medtronic. The documents…
Samsung moved to shorten time for briefing and a hearing on a motion pertaining to an expert witness, while just a few days earlier Apple had filed a motion to shorten time on its motion relating to the production of foreign-language and other documents in advance of depositions. The court…
Plaintiff Gerber Scientific International (“Gerber”) filed a patent infringement action against Roland DGA Corporation (“Roland”), asserting that Roland infringed Gerber’s patent covering a method and apparatus for computerized graphic production. Roland filed a motion for protective order with respect to the depositions of three of its Japanese employees and its…
Plaintiff, Two Moms and a Toy, filed an emergency motion to stay the expert phase of their case pending the court’s ruling on claim construction. The plaintiff’s motion was based on the argument that “expert reports and expert discovery in a patent infringement case is extremely expensive and that a…
Defendant moved to compel the deposition of a member of Plaintiff ‘s trial counsel regarding Plaintiff’s pre-filing investigation. Despite Defendant’s attempt to withdraw the motion based on a representation (not disclosed in the opinion) made by the Plaintiff in its sur-reply, the Court granted the Defendant’s motion and required the…
Plaintiff TiVo brought an emergency motion to compel production of an e-mail that defendant AT&T produced and then clawed back pursuant to a protective order agreed to by the parties. During a deposition, TiVo marked an e-mail as an exhibit and questioned the deponent for several minutes about the e-mail…
Plaintiffs filed a patent infringement action against National Semiconductor Corporation alleging that National Semiconductor’s WEBENCH tools infringed plaintiff’s’ patent. National Semiconductor filed an amended answer and counterclaim asserting, among other things, that plaintiffs patent was invalid due to inequitable conduct based on plaintiffs’ failure to disclose material information about WEBENCH…