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Articles Posted in Discovery

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Emblaze v. Apple: Court Orders Parties to Meet and Confer Over Motion to Compel After Emblaze Fails to Justify How Apple’s Search Terms Were Unduly Burdensome

In this patent infringement action, Apple moved to compel production from Emblaze based on search terms that Apple provided. Emblaze opposed the motion, arguing that it had produced all responsive documents, that Apple’s requests were overbroad and that using Apple’s search terms would be unduly burdensome. The court began its…

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LG Moves to Compel Plaintiff to Produce Inventor Who Resides in Taiwan to Sit for a Deposition in the United States

In this patent infringement action between Industrial Technology Research Institute (“ITRI”) and LG Corporation (“LG”), LG moved to compel ITRI to make a Taiwanese citizen, who was also the inventor of the patent-in-suit, but no longer an employee of ITRI, to sit for a deposition in the United States. The…

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“Stop the Shenanigans” — Court Orders Parties’ Attorneys to Behave Themselves at Depositions

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…

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Apple v. Motorola: Apple Provides Counsel Free of Charge to Inventor to “Prepare” for Deposition and Judge Posner Rules That No Bona Fide Attorney-Client Privilege Was Created

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…

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Apple v. Samsung: Court Grants Motion to Compel Deposition Testimony of Samsung High-Level Executives But Limits the Time of the Depositions

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…

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Common Legal Interest Doctrine Saves Privileged Documents from Production Where Parties Contemplated an Acquisition of Patents

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…

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Court Grows Tired of Apple and Samsung’s Repeated Motions to Shorten Time: Apple v. Samsung

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…

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Court Orders Depositions in Taiwan to Overcome Procedural Obstacles in Japan

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…

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Court Sinks Two Moms and a Toy’s Attempt to Modify Expert Schedule in Patent Battle over Bath Toy

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…

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Court Allows Deposition of Trial Counsel Over His Pre-Filing Investigation

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…

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