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Defendant Ordered to Provide Access to Licensee Websites

BNB Health Grades, Inc. ("Health Grades") filed a patent infringement action against MDx Medical, Inc., d/b/a Vitals.com ("MDx"). During the litigation, Health Grades identified licensing agreements and associated systems...more

11/19/2014 - Discovery License Agreements Patent Infringement Patent Litigation Patents Websites

Production of Billing Statements from Law Firm Denied Even Though Deponent Could Not Recall Details of Why Information Was Not...

The defendants in this patent infringement action sought the production of certain billing statements of the law firm representing CleanTech. The defendants argued that the billing statements were discoverable based on their...more

11/17/2014 - Billing Depositions Discovery Patent Infringement Patent Litigation Patents

Parent Company Ordered to Produce Documents in Response to Request to Subsidiary Where Parent and Subsidiary Shared Servers and...

Plaintiff Dri-Steem Corporation ("Dri-Steem") sought production of documents in the possession and control of the defendant's parent company National Environmental Products, Ltd. ("National"), via its wholly-owned subsidiary...more

9/30/2014 - Confidential Information Discovery Document Productions Document Requests Parent Corporation Right to Control Subsidiaries

Court Rejects Exhibit Lists and Objections That Would "Require a Judge to Shovel Through Steaming Mounds of Objections" and Orders...

As this patent infringement action headed to trial, the district court scolded both parties for their exhibit lists and, in particular, the objections to the exhibit lists. The district court explained that "Affinity has...more

9/29/2014 - Automotive Industry Discovery Ford Motor Patent Infringement Patent Litigation Patents

UGG: Default Judgment and Treble Damages Entered Against Defendant Where Defendant Failed to Participate in Discovery

Plaintiff Deckers Outdoor Corporation ("Plaintiff") alleged that Defendants Superstar International, Inc. and Sai Liu ("Defendants") produce, advertise, and sell products that infringe Plaintiff's design patents for UGG...more

9/18/2014 - Default Judgment Discovery Patent Infringement Patent Litigation Patents Treble Damages

Court Denies Monetary Sanctions Based on Overdesignation of Documents As Confidential-Outside Counsel Eyes Only But Orders...

In this patent infringement action brought by plaintiff Trustees of Boston University ("BU") , BU alleged that defendants infringed U.S. Patent No. 5,686,738 (the "'738 Patent"), which pertains to light emitting diodes...more

8/7/2014 - Attorney-Client Privilege Discovery Patent Infringement Patent Litigation Patents Sanctions Technology

Walker Digital v. Google: Stay Pending CBM Review Denied Where Discovery Was Complete and Stay Would Prejudice the Plaintiff

After the PTAB instituted a CBM review of the patents-in-suit, Google sought a stay of the litigation pending resolution of CBM review by the PTAB. The district court explained that "[c]ourts consider four factors when...more

7/16/2014 - Covered Business Method Patents Discovery Patent Trial and Appeal Board Patents

Motion to Compel Settlement Agreements Denied Where Document Requests Only Requested License Agreements

Echostar Satellite L.L.C. ("Echostar") moved to compel the production of settlement agreements from the plaintiff. Several issues arose on the motion, including whether the Magistrate Judge had jurisdiction to grant the...more

6/16/2014 - Discovery Discovery Schedule Document Productions Document Requests Non-Judicial Settlement Agreements

Court Declares Parties Are Over-Litigating the Case and Orders Parties to Reduce Disputed Jury Instructions or Face Reduced Trial...

In this patent infringement action, the district court concluded that the parties were over-litigating the case and matters were only getting worse as trial got closer. "The Court's previously stated concern that the parties...more

5/19/2014 - Corporate Counsel Cross Motions Discovery Ex Parte Jury Instructions Patent Infringement Patents Reasonableness Factors

After Parties Engaged in "Abusive Litigation Tactics," Court Orders Clients to Consent to the Filing of Any Further Motions to...

After the district court granted a motion to compel in which it overruled the defendants' objections and ordered the defendants to provide complete responses to the interrogatories and to produce all responsive documents, the...more

5/14/2014 - Discovery Motion to Compel Sanctions

Communication That Was Business Communication Could Not Be Protected by Attorney-Client Privilege But Could be Protected by...

Flatworld Interactives ("Flatworld") filed a patent infringement action against Apple Inc. ("Apple"). During the litigation, Apple sought the production of several documents that Flatworld claimed were protected by the...more

12/30/2013 - Apple Attorney-Client Privilege Discovery Marital Communications Privilege Patents Privilege Waivers

District Court Orders Production of Litigation Funding Agreement

In the patent infringement action between Cobra International, Inc. ("Cobra") and BCNY International, Inc. ("BCNY"), BCNY filed a motion to compel several documents, including a litigation funding agreement. Cobra opposed the...more

11/13/2013 - Discovery Document Productions Litigation Funding Motion to Compel

Apple v. Samsung: Samsung's Request for Stay of Discovery Orders Denied Where Magistrate Judge Made No Ruling on Privilege Issues...

As a result of Samsung's alleged violation of the protective order, Magistrate Judge Grewal previously ordered Samsung to produce to Apple emails and communications by Samsung employees that would shed light on the scope of...more

11/4/2013 - Apple Apple v Samsung Attorney-Client Privilege Complex Litigation Discovery Document Productions Protective Orders Samsung Work Product Privilege

Defendant's Motion for Leave to Amend Invalidity Contentions Denied Where Defendant Disclosed Prior Art to Plaintiff But Waited...

Defendant Green Max Distributors, Inc. ("Green Max") filed a motion for leave to amend its invalidity contentions. In the motion, Green Max sought to add photos, publications, and prior-art references to its original...more

9/12/2013 - Amended Complaints Discovery Patents Prejudice Prior Art

Softview v. Apple: District Court Grants Stay Pending Inter Partes Review Even Though It Had Denied Previous Request for Stay...

In this patent infringement action, a number of the defendants moved to stay the case pending an Inter Partes Review ("IPR") of the patent-in-suit. The district court had previously denied a motion to stay pending a previous...more

9/10/2013 - Apple Discovery Inter Partes Review Proceedings Patent Infringement Patent Litigation Patents USPTO

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