Special Master orders a complete response to contention interrogatory where party responds to only portions of the interrogatory

In XPRT Ventures, LLC v. eBay, Inc., et al., C.A. No. 10-595-SLR (D. Del. Nov. 30, 2011), Special Master White granted defendants’ motion to compel plaintiff to provide a complete response to its interrogatory seeking plaintiff’s contentions on conception and reduction to practice for each claim of the patents-in-suit. Plaintiff opposed defendants’ motion arguing thatContinue reading “Special Master orders a complete response to contention interrogatory where party responds to only portions of the interrogatory”

Special Master Poppiti: Costs and Expenses Shifted to Defendant Where Defendants’ Discovery Practices Wasted Time and Resources

In Apeldyn Corp. v. AU Optronics Corp., C.A. No. 08-568-SLR (D. Del. Oct. 27, 2011), Special Master Poppiti recently shifted all “of the Special Master’s compensation, costs and expenses” associated with certain discovery disputes to defendants AU Optronics Corp. (“AUO”) and Chi Mei Optoelectronics Corp. (“CMO”). Special Master Poppiti previously awarded Apeldyn its costs inContinue reading “Special Master Poppiti: Costs and Expenses Shifted to Defendant Where Defendants’ Discovery Practices Wasted Time and Resources”

Special Master Poppiti Recommends Reduction of Sanctions Award

In Apeldyn Corp. v. AU Optronics Corp., C.A. No. 08-568-SLR (D. Del. Aug. 29, 2011), Special Master Poppiti recently recommended that plaintiff’s requested sanctions award be reduced from $89,747.54 to $47,241.54. Id. at 1. In determining the adequacy of documentation of Apeldyn’s fees associated with responding to an untimely expert report, the Special Master firstContinue reading “Special Master Poppiti Recommends Reduction of Sanctions Award”

Special Master White: Discovery Opinion in XPRT Ventures

Last week, Special Master David A. White issued an opinion on a number of discovery issues relating to a motion to compel in XPRT Ventures, LLC. v. eBay, Inc., C.A. No. 10-595-SLR (D. Del. June 15, 2011). The motion sought to expand the scope of document discovery by increasing the applicable time period and numberContinue reading “Special Master White: Discovery Opinion in XPRT Ventures”

Special Master Poppiti: Motion to Compel De-Designation of Non-Confidential Information GRANTED

Defendant APP Pharmaceuticals moved to compel the de-designation of information redacted in its motion for leave to file an amended answer and counterclaims of unenforceability and unclean hands. The Medicines Company v. Teva Parenteral Medicines, et al., C.A. No. 09-750-ER, Special Master Order (D. Del. June 30, 2011). Special Master Poppiti granted the motion andContinue reading “Special Master Poppiti: Motion to Compel De-Designation of Non-Confidential Information GRANTED”

Special Master Poppiti: Without Bad Faith, Sanction for Untimely Disclosure of Prior Art Limited to Monetary Sanctions

In Apeldyn Corp. v. AU Optronics Corp., C.A. No. 08-568-SLR (D. Del. May 25, 2011), Special Master Poppiti recently addressed a party’s failure to disclose five prior art references until it filed an expert report four days after the opening expert report deadline. Id. at 6. Although Special Master Poppiti found that the failure toContinue reading “Special Master Poppiti: Without Bad Faith, Sanction for Untimely Disclosure of Prior Art Limited to Monetary Sanctions”

Special Master Poppiti: Motion for Protective Order DENIED

In The Medicines Co. v. Teva Parenteral Medicines Inc., C.A. No. 09-750-ER (D. Del. May 4, 2011), Special Master Poppiti recently denied defendant Hospira, Inc.’s motion for a protective order. The dispute centered on the question of whether the plaintiff was entitled to discovery of documents and testimony “relating to [defendant] Hospira’s forecasts or businessContinue reading “Special Master Poppiti: Motion for Protective Order DENIED”

Special Master Bechtle: Motion to supplement infringement contentions GRANTED

In Xpoint Technologies, Inc. v. Toshiba Corp., et al., C.A. 09-628-SLR (D. Del. Apr. 8, 2011), Special Master Bechtle recently order plaintiff to supplement its infringement contentions, following the well-settled practice in this District that a plaintiff must specifically identify what products are accused in response to a properly served contention interrogatory. Plaintiff had previouslyContinue reading “Special Master Bechtle: Motion to supplement infringement contentions GRANTED”

Special Master David A. White: Illumina Must Designate 30(b)(6) Witnesses

In Ladatech, LLC v. Illumina, Inc., No. 09-627-SLR (D. Del. Mar. 29, 2011), Special Master David A. White required defendants Illumina, Inc. and Solexa, Inc. (collectively “Illumina”) to produce witnesses pursuant to Rule 30(b)(6) to testify on its behalf as to three topics set forth in LadaTech’s notice of deposition. Illumina had objected to theContinue reading “Special Master David A. White: Illumina Must Designate 30(b)(6) Witnesses”

D. Del. Special Master: Party Objecting to Deposition Notice Must Seek Affirmative Relief

A recent decision by District of Delaware Special Master David A. White offers a rare precedent for disputes concerning the sequence of discovery. In the underlying infringement litigation, eBay objected to XPRT’s 30(b)(6) notice on the ground that it prematurely sought a deposition before document discovery concluded. XPRT insisted that the deposition proceed, and appearedContinue reading “D. Del. Special Master: Party Objecting to Deposition Notice Must Seek Affirmative Relief”