Fast-track schedule is bumped for provisional damages and willfulness discovery
Arendi Holding Ltd. v. Microsoft Corporation, et al., Civ. No. 09-119-JJF-LPS, November 4, 2009.
Stark, M. J. The court will enter a new scheduling order to accommodate new discovery needed on provisional damages. Discovery issues are resolved.
Plaintiff seeks provisional damages as a result of infringing products subsequent to the date Defendant was aware of Plaintiff’s patent application. The provisional damages theory includes discovery needs and the fast track schedule can no longer be accommodated. The parties believe they can work out a source code dispute. They are to outline their positions in a joint letter if any issues remain. Defendant’s licensing documents, including protocol license agreements, are discoverable as relevant to a reasonable royalty calculation. Defendant is not required to produce all other patent license agreements since the request is overbroad. Defendant’s offer to produce agreements between 2003 and 2009 which involved five or fewer U.S. patents was ordered. The court permitted plaintiff to add a claim of willful infringement which had not previously been asserted in order to obtain the fast-track schedule which is no longer operative. Defendant’s proposed schedule extension of 4 months is adopted to allow for additional discovery needed. The court notes defendant’s proposal contains a summary judgment provision relating to provisional damages.
