Special Master Seville decides several discovery disputes in Callwave litigations

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

Special Master Lukoff denies plaintiff’s motion for sanctions

In Personalized Media Communications , LLC v. Amazon.com Inc., C.A. No. 13-1608-RGA (D. Del. Aug. 20, 2015), Special Master Paul M. Lukoff denied plaintiff’s motion for sanctions, which raised two distinct applications for relief: “(i) it wanted sanctions against Amazon for discovery misconduct, and (ii) it wanted [the court] to once more consider ordering Amazon to finally deliver

Special Master Saville denies motion to strike

In Broadsoft, Inc. v. Callwave Communications, L.L.C., C.A. No. 13-0711-RGA (D. Del. Apr. 30, 2015), Callwave requested that Broadsoft’s supplemental invalidity contentions, served four months before the close of fact discovery, be stricken as untimely and as inadequate notice of its invalidity theories.  Callwave maintained that the supplemental contentions were “actually late contentions because they present

Special Master Decision on Privilege and 30(b)(6) Preparation

A recent special master decision from the District of Delaware provides guidance on two common discovery topics: the assertion of privilege and adequate preparation of a Rule 30(b)(6) witness. Special Master Terrell first explained that the “common legal interest” privilege was not applicable because the defendant did not adequately identify another party with which it

Special Master Lukoff issues rulings related to protective order

In a series of related cases (e.g., Inventor Holdings, LLC v. Wal-Mart Stores, Inc., C.A. No. 13-096-GMS (D. Del. Aug. 27, 2014)), Special Master Paul M. Lukoff issued an opinion relating to a number of protective order disputes.  The parties had disagreements over: “the scope of the prosecution bar, the use of laptop computers by

Special Master recommends denial of plaintiff’s request for leave to serve supplemental report rebutting defendant’s supplemental report.

Special Master Paul M. Lukoff recently recommended denying a plaintiff’s request for leave to serve a supplemental expert report in rebuttal of the defendant’s supplemental (and unexpected) report. Robocast, Inc. v. Microsoft Corp., C.A. No. 10-1055 (RGA) (D. Del. Jan. 21, 2014). The plaintiff argued it should be permitted a supplemental report to rebut the

Special Master Lukoff grants Apple’s motion to strike Robocast’s supplemental expert report on damages

Special Master Lukoff recently considered the latest of several motions regarding expert discovery in Robocast, Inc. v. Apple, Inc., C.A. No. 11-235-RGA (D. Del. Dec. 4, 2013) (previous decisions discussed here and here). Apple moved to strike the supplemental expert report of Robocast’s damages expert, Mr. Hoffman. The expert’s original report was based in part

Special Master White issues discovery rulings.

Special Master David White recently issued a ruling granting in part and denying in part a motion to compel. Frontier Communications Corp. v. Google Inc., C.A. No. 10-545-GMS (D. Del. Dec. 6, 2013). Special Master White first found the defendant’s identification of only two individuals who have “participated in the design, development, testing, implementation, marketing,

Special Master Lukoff permits further expert discovery of defendants’ inequitable conduct claims

Special Master Lukoff recently resolved another dispute between the paries regarding their inequitable conduct experts’ reports. Robocast, Inc. v. Apple, Inc., et al., C.A. Nos. 11-235-RGA, C.A. No. 10-1055-RGA (D. Del. Oct. 24, 2013). Special Master Lukoff had previously permitted defendants to serve a supplemental expert report in response to plaintiff’s expert’s rebuttal report. Here,

Special Master Redfearn Rules on Motions to Exclude Infringement and Invalidity Theories in Expert Reports

Special Master Redfearn recently considered cross motions to exclude the competing expert reports of the parties in Eon Corp. IP Holdings, LLC v. Flo TV, Inc., et al. The moving defendants, several mobile carriers and mobile technology companies, sought to exclude portions of an infringement expert report that discussed (1) doctrine of equivalents theories that