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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Court issues contempt order against defendant for failure to abide by injunction

Fisher-Price, Inc. v. Safety 1st, Inc., et al., C.A. No. 01-051 GMS (May 5, 2008).

Sleet, C.J.  Plaintiff’s motion for contempt of Court is granted in part; its post-trial motions for entry of final judgment, enhanced damages, attorneys fees and prejudgment interest are granted in part. Defendants’ motions for JMOL or a new trial as to willfulness and damages are denied

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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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Court denies plaintiff's motion to reconsider

Cordance Corporation v. Amazon.Com, Inc., C.A. No. 06-491-MPT, January 22, 2008.

Thynge, J.  Court denies plaintiff’s motion to reconsider its prior ruling denying plaintiff’s motion to dismiss defendant’s counterclaim for declaratory judgment.

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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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Sanctions imposed due to contact with employee of opposing party's affiliate

Over $2.5 in fees and expenses awarded to Patentee in exceptional case

Philips Electronics North America Corp. et al. v. Compo Micro Tech, Inc., et al., No. 02-123-KAJ, Oct. 23, 2006.

Jordan, J.  The Court awarded $2,448,750 in attorneys fees and $285,690.44 in expenses. $2,515,514.90 in fees and $747,141.93 had been requested.

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Temporary lack of jurisdiction cured when affiliate was substituted for plaintiff

Affinion Loyalty Group, Inc. v. Maritz, Inc., C.A. 04-360-JJF, May 22, 2006.

Farnan, J.  Defendant moved to dismiss for lack of subject matter jurisdiction due to a corporate acquisition which assigned rights to patents-in-suit to Affinion Patents, leaving Affinion Loyalty without standing.  The court substituted Affinion Patents for Affinion Loyalty.

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