Special Master Seville recently decided several discovery disputes arising between plaintiff Callwave and defendants Google and Broadsoft in several related litigations pending before Judge Richard G. Andrews. Callwave Communications, L.L.C. v. AT&T Mobility LLC, et al., C.A. Nos. 12-1701-RGA, 12-1702-RGA, 12-1704-RGA, 13-711-RGA (D. Del. Dec. 17, 2015).
First, Special Master Seville vacated a prior order denying Callwave’s request regarding the production of an expert’s report and testimony from a prior litigation. Id. at ¶ 1-2. Special Master Seville found that the report and testimony related to “opinions on prior art asserted by Google in this litigation and are therefore relevant.” Id. at ¶ 2.
Special Master Seville then considered Callwave’s motion to strike defendants’ expert and defendants’ counter motion to strike Callwave’s new validity opinions and portions of the reply report of its expert. Id. at ¶ 4. After a review of the relevant factors set forth in Meyers v. Pennypack Woods Home Ownership Ass’n, 559 F.2d 894, 904-05 (3d Cir. 1977), Special Master Seville denied both motions. Special Master Seville found no prejudice that could not be cured, no disruption of a trial date (trial was not scheduled), and no bad faith or intentional conduct. Id. at ¶ 10-12.