Non-party is sanctioned for vexatious conduct during discovery dispute

In re Intel Corp. Microprocessor Antitrust Litigation., C.A. No. 05-1717 JJF, May 14, 2008.

Farnan, J.  This Court adopts Special Master’s recommendation that non-party be sanctioned for vexatious litigation conduct during adjudication of discovery dispute.


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Subpoena conduct allegations result in evidentiary hearing

Digacomm, LLC v. Vehicle Safety & Compliance, LLC, et al., C.A. No. 08-MC-63-JJF, April 29, 2008.

Farnan, J.  Plaintiff petitioned to enforce a subpoena to the Fish and Richardson law firm.  The Court ordered an evidentiary hearing.to resolve professional issues even if the subpoena issues are fully resolved.


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Sanctions awarded due to improper deposition objections

Promos Technologies, Inc. v. Freescale Semiconductor, Inc., C.A. No. 06-788-JJF, December 20, 2007.

Farnan, J.  The Court grants a motion to compel Defendant to reproduce a 30(b)(6) witness where improper objections were asserted.  Sanctions were awarded. 

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Special Discovery Master's discovery rulings were overturned

LG. Philips LCD Co., Ltd., v. Tatung Co., et al., No. 04-343-JJF, July 13, 2007.

Farnan, J.  Exceptions to discovery rulings relating to willfulness and advice of counsel defenses were sustained.

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Patentee ordered to produce foreign-based inventors for deposition in the U.S.

Amgen, Inc., et al., v. Ariad Pharmaceuticals, Inc., et al., No. 06-259-MPT, May 14, 2007.

Thygne, J.  The Court ordered defendants to produce the foreign-based inventors for deposition in the U.S. in patent declaratory judgment action.

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Settlement agreement was immune from discovery, and shared opinion was protected by the common interest privilege.

Block Drug Co., Inc. v. Sedona Labs., Inc. et al.,No. 06-350-***, April 19, 2007

Thynge, Magistrate Judge.  Plaintiff sought production of 2 agreements between Defendants Sedona and Nutri-Health.  Certain portions of an agreement of “Confidentiality of Shared Opinion” were ordered produced after in camera review.  A settlement agreement was not required to be produced.

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Defense tactics result in denial of JMOL and new trial motions

Expert's testimony about non-infringement expert's opinion was precluded

German nationals were subject to Hague, not American, depositions

Medpointe Healthcare Inc. v. Apotex, Inc., et al., D. Del. No. 06-164-SLR, Jan. 26, 2007.

Robinson, J.  The court ordered depositions of German nationals by means of the Hague Convention.

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Untimely prior art references were precluded due to lack of diligence

Civil conspiracy to commit patent infringement and evade discovery is not actionable

Digene Corporation v. Ventana Medical Systems, Inc., et al., No. 01-752-MPT, Mar. 6, 2007.

Thynge, J.  A motion to dismiss a count of civil conspiracy to commit patent infringement and evade discovery obligations was granted.


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Subpoena quashed where former employees had already provided testimony

Power Integrations, Inc. v. Fairchild Semiconductor International, Inc., No. 04-1371-JJF, Aug. 24, 2006.

Farnan, J.  The court quashed a third party subpoena of Intersil as cumulative to and duplicative of previous subpoenas issued to Intersil’s former employees.  Non cumulative topics were held to be irrelevant to this lawsuit.

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Privilege not waived in asserting advice of counsel defense where documents were not disclosed to accused infringer

Affinion Net Patents, Inc. v. Maritz, Inc., No. 04-360-JJF, July 28, 2006.

Farnan, J.  Patentee’s motion to compel two claims charts where privilege was waived due to advice-of-counsel defense was denied.

 

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Wavier of privilege as a result of advice of counsel defense does not extend to all communications with trial counsel

Trade secret count survives motion to dismiss

Pretrial limitations on deposition testimony ordered

Court rules on issues argued at pretrial conference