Special Master Lukoff orders plaintiff to produce preliminary surveys conducted by its expert

Special Master Lukoff recently considered Apple and Microsoft’s request to order plaintiff to produce early surveys commissioned by one of plaintiff’s experts in anticipation of issuing his expert reports. Robocast, Inc. v. Apple, Inc., et al., C.A. No. 11-235-RGA, C.A. No. 10-1055-RGA (D. Del. Sept. 18, 2013). The early surveys were conducted prior to the

Eon Corp. IP Holdings, LLC v. Flo TV Inc., et al., C.A. No. 10-182 (RGA) (D. Del. Aug. 28, 2013) (D. Del. Sept. 5, 2013).

In two recently issued rulings and recommendations, Special Master B. Wilson Redfearn considered defendant motions to strike portions of the plaintiff’s expert reports. In the first ruling, the Special Master considered whether to strike portions of an expert report analyzing alleged infringement by defendants Sprint and Simplexity based on their marketing of Apple products—products which

Special Master Lukoff issues supplemental decision regarding privilege log dispute

Having recently issued a decision relating to plaintiff’s privilege log on July 19, discussed here (“the July 19 decision”), Special Master Paul M. Lukoff issued a second Opinion and Order “devoted to two additional issues, as well as a continuation” of the issues in the July 19 decision. Robocast, Inc. v. Apple, Inc., C.A. No.

Special Master Redfearn considers motion to compel answers to interrogatories

Special Master B. Wilson Redfearn recently considered plaintiff’s motion to compel a defendant’s response to its Interrogatories 1 and 10, which requested the following: –Interrogatory 1: Identify and describe in detail your expectations of sales and actual sales of the Relevant Products or Relevant Services and mobile devices. –Interrogatory 10: Describe all communications between you

Special Master Lukoff issues opinion and order regarding privilege log dispute

Special Master Paul M. Lukoff recently ruled on a dispute “over so-called third party consultants and the impact of their presence on what might otherwise be privileged communications.” Robocast, Inc. v. Apple, Inc., C.A. No. 11-235-RGA; Robocast, Inc. v. Microsoft Corporation, C.A. No. 10-1055-RGA, slip. op. at 2 (D. Del. Jul. 19, 2013). Special Master

Special Master Redfearn issues rulings and recommendations on protective order issues.

Special Master B. Wilson Redfearn recently issued rulings and recommendations on issues relating to the parties’ protective order. Eon Corp. IP Holdings, LLC v. FLO TV Inc., et al., C.A. No. 10-812 (RGA) (D. Del. July 10, 2013). First considered was the defendants’ argument that the prosecution bar be extended to include reexamination and resissue

Special Master Seitz recommends denying modification to protective order for 7 categories of information appropriately designated as “Highly Confidential,” but recommends that 24 categories were improperly designated and may be used in reexamination

Special Master Collins J. Seitz, Jr., recently issued a report that made recommendations with respect to whether defendants should be permitted to use information from the litigation at hand in an ex parte reexamination of plaintiff’s two asserted patents that defendants intend to initiate. Inventio AG v. ThyssenKrupp Elevator Ams. Corp. et al., C.A. No.

Special Master Denies Plaintiff’s Motion to Permit Corporate Representatives Access to Defendants’ “Attorneys’ Eyes Only” Information

In Apeldyn Corp. v. AU Optronics Corp., et al., C.A. No. 08-568-SLR (D. Del. June 13, 2012), the Special Master recently issued a Report and Recommendation recommending that plaintiff’s motion to modify the protective order to permit plaintiff’s corporate representatives to have access to information designated Attorneys’ Eyes Only be denied. Id. at 1. In

Special Master White limits plaintiff to 25 asserted claims, reduced from 60 claims

In XPRT Ventures, LLC v. eBay, Inc., et al., C.A. No. 10-595-SLR (D. Del. Mar. 26, 2012), after the completion of discovery and a couple weeks before the deadline for opening claim construction and summary judgment briefs, defendants filed an emergency motion to compel plaintiff to reduce the number of claims asserted in the case

Special Master Rejects Imposition of Prosecution Bar on Outside Litigation Counsel

In XPRT Ventures, LLC v. eBay, Inc., et al., C.A. No. 10-595-SLR (D. Del. Dec. 30, 2011), Special Master White rejected the Defendants’ arguments in favor of a prosecution bar on the Plaintiff’s Outside Counsel. Id. at 3. Although the Defendants argued that a prosecution bar on the Plaintiff’s Outside Counsel was necessary to protect