Judge Andrews denies request to order defendants to supplement rebuttal contentions due to deficiencies in plaintiff’s contentions

Judge Richard G. Andrews recently considered plaintiff Acceleration Bay LLC’s various discovery motions. Acceleration Bay LLC v. Activision Blizzard, Inc., et al., No. 16-453-RGA, No. 16-454-RGA, No. 16-455-RGA (Sept. 7, 2017). Regarding defendants’ interrogatory responses, Judge Andrews declined to order defendants to supplement specific interrogatories, in part due to plaintiff’s conclusory or vague theories.  For example, plaintiff sought supplementation of interrogatories seeking non-infringing alternatives, and non-infringement theories.  Id. at 3, 4.  Defendants argued that supplementation was not warranted, in part “due to the vagueness of Plaintiff’s infringement contentions and because Plaintiff has the burden of proving the lack of non-infringement alternatives.”  Id. Judge Andrews agreed.  Id. at 3, 4.  Plaintiff also sought supplementation regarding defendants’ damages theories.  Again, defendants argued that their response was reasonable in light of plaintiff’s “conclusory” damage claim.  Id.  Again, Judge Andrews agreed.  Id. at 4.

Acceleration Bay LLC v. Activision Blizzard, Inc., No. 16-453-RGA (Sept. 7, 2017)

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