Limited discovery on damages is permitted during liability phase in bifurcated cases
Teles AG Informationstechnologien v. Quintum Technologies, LLC, C.A. No. 06-197-SLR-LPS, October 30, 2009.
Stark, M. J. The Magistrate orders defendants to produce certain damages information within 20 days of the Order.
The Magistrate considers discovery on damages during liability phase of these related cases which have been bi-furcated for trial. The defendants have asserted defenses of invalidity due to obviousness. In response, plaintiff seeks discovery from defendants regarding commercial success of the patented invention – a secondary consideration for non-obviousness. The Magistrate declines to follow any of the parties’ recommendations and takes a takes a middle-of-the road approach directing defendants to produce certain limited information.
