Rebate information is held discoverable in antitrust case

State of Florida, et al., v. Abbott Laboratories, et al., Civ. No. 08-155-SLR, June 23 , 2009.

Robinson, J.  Defendants’ request for discovery relating to rebates received for fenofibrate products is granted.

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Failure to respond to discovery results in waiver of objections

SWIMC, Inc. v. Hy-Tech Thermal Solutions, LLC, et al., Civ. No. 08-084-SLR, June 24 , 2009.

Robinson, J.  Plaintiff’s motion to compel discovery is granted.

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Jurisdictional discovery is allowed following jurisdiction and venue challenges

Belden Technologies, Inc. v. LS Corporation, et al., Civ. No. 08-823-SLR, June 17, 2009.

Robinson J.  Defendants' motion to dismiss for insufficiency of service of process is denied.  The Court denies without prejudice defendants' motions to dismiss for lack of personal jurisdiction and improper venue in order to allow jurisdictional discovery.

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Discovery is ordered but limited in light of marginal relevance and burden

In re: Rosuvastatin Calcium Patent Litigation, MDL No. 08-1949, Civ. No. 07-807-JJF-LPS, June 3 , 2009(redacted).

Stark, M. J.  Plaintiff’s motion to compel is granted in part and denied in part.

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Motion to compel third party discovery is granted

Software Rights Archive, LLC v. Google, Inc., et al., Misc. No. 07-017-JJF, May 21 , 2009.

Farnan J.  Movants’ motion to compel the production of documents by third parties is granted.

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Plaintiff and counsel are sanctioned for willful violation of Discovery Order

Sea Star Line, LLC v. Emerald Equipment Leasing, Inc., Civ. No. 05-245-JJF-LPS, May 26 , 2009.

Stark, M. J.  Magistrate finds initial award of sanctions is appropriate on remand and extends order to include sanctions against both plaintiff and its counsel.

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Jurisdiction is proper where accused product sold to Delaware company is sold in components to Delaware plants

W. L. Gore & Associates, Inc., et al. v.Label Technologies, Inc., C.A. No. 08-111-GMS, May 15 , 2009.

Sleet, C. J.  Defendant’s motion to dismiss for lack of personal jurisdiction is denied. Based on that ruling, plaintiff’s request for jurisdictional discovery is denied as moot.

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Limited discovery is ordered in §291 interference action

Genetics Institute, LLC v. Novartis Vaccines and Diagnostics, Inc., Civ. No. 08-290-SLR, May 7 , 2009.

Robinson J.  Plaintiff’s motion to set a trial date and defendant’s motion for reargument are both denied pending limited discovery.

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Discovery disputes are resolved

In Re: Rosuvastatin Calcium Patent Litigation, MDL No. 08-1949, April 27, 2009.

Stark, M. J.  Defendant’s motion to compel certain documents is denied.

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Order compelling certain co-promotion documents issues

In re: Rosuvastatin Calcium Patent Litigation, MDL No. 08-1949a-LPS, May 7 , 2009.

Stark, M. J.  Defendants’ application for co-marketing is granted to the extent of plaintiff’s proposed compromise. The Court defers ruling on Plaintiff’s application for a defendant’s research and development efforts to allow for further attempts to compromise.

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Transfer to forum of previous litigation is denied

Quantum Loyalty Systems, Inc. and Quantum Corporation of New York, Inc., v. TPG Rewards, Inc., Civ. No. 09-022-SLR, April 2, 2009.

Robinson, J.  Defendant’s motion to transfer to the Southern District of New York is denied.

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Bid for defense fees fails in suit dropped after Markman hearing

Parker-Hannifin Corporation, et al. v. Seiren Co., Ltd., Civil Action No. 07-104-MPT, March 31, 2009.

Thynge, M.J.  Defendant’s motion for attorney’s fees and expenses based on bad faith claim and its request for additional discovery is denied.

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Plaintiff fails to establish that the agency or alter ego theories of jurisdiction apply

LivePerson, Inc. v. NextCard, LLC, et al., C.A. No. 08-062-GMS, March 20, 2009.

Sleet, C.J.   Court grants defendants’ motion to dismiss for lack of personnel jurisdiction.  Plaintiff’s motions for jurisdictional discovery and to amend are denied.

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Untimely review results in privilege waiver despite clawback agreement

In Re: Rembrandt Technologies, LP Patent Litigation, MDL Docket No. 07-1848-GMS-LPS, March 6, 2009.

Stark, M.J.  Defendants’ motion to retain and use non-party’s purportedly privileged documents was granted where privilege was waived due to lack of diligence.

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Court denies competing discovery motions where both parties contributed to delay and plaintiff has access to requested information

CIF Licensing, LLC, d/b/a GE Licensing v. Agere Systems Inc., Civ. No. 07-170-JJF, January 23, 2009.

Farnan, J.  Court denies both plaintiff’s motion to compel and defendant’s motion for a protective order.

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Court denies competing discovery motions where both parties contributed to delay and plaintiff has access to requested information

CIF Licensing, LLC, d/b/a GE Licensing v. Agere Systems Inc., Civ. No. 07-170-JJF, January 23, 2009.

Farnan, J.  Court denies both plaintiff’s motion to compel and defendant’s motion for a protective order.

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Court denies competing discovery motions where both parties contributed to delay and plaintiff has access to requested information

CIF Licensing, LLC, d/b/a GE Licensing v. Agere Systems Inc., Civ. No. 07-170-JJF, January 23, 2009.

Farnan, J.  Court denies both plaintiff’s motion to compel and defendant’s motion for a protective order.

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Patents-in-suit declared unenforceable due to spoliation of evidence and defendant's bad faith litigation conduct

Micron Technology, Inc. v. Rambus Inc., Civ. No. 00-792-SLR, January 9, 2009.

Robinson, J.  Court declares patents-in-suit unenforceable following bench trial on issues of alleged spoliation of evidence and unclean hands by defendant.

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Magistrate's Memorandum Order resolving discovery dispute is upheld

Human Genome Sciences, Inc. v. Amgen, Inc. and Immunex, Corp., Civ. No. 07-526-SLR-MPT, December 16, 2008.

Robinson, J.  Court overrules objection to Magistrate’s Memorandum Order and adopts it in all respects.

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Foreign discovery under the Hague Convention is denied.

Purdue Pharma Products L.P., et al. v. Par Pharmaceuticals, Inc., et al., C.A. No. 07-255-JJF, August 26, 2008.

Farnan, J.  Court grants non-party’s motion to quash and denies defendants’ application requesting issuance of a letter of request for documents and deposition testimony in Germany under the Hague Convention.

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Certain expert testimony is stricken where documents were not produced

Siemens Medical SolutionsUSA, Inc. v. Saint-Gobain Ceramics & Plastics, Inc., C.A. No. 07-190-SLR, August 20, 2008.

Robinson, J. Motion to exclude certain expert testimony is granted. Motion to strike affirmative defense of estoppel is deferred.

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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