Special Master Redfearn: Application for Amendment to Stipulated Protective Order DENIED

Earlier this month, in Spansion, LLC v. Samsung Electronics Co., Ltd., C.A. No. 1:08-CV-00855-SLR (D. Del. Mar. 2, 2011), Special Master Redfearn denied Spansion’s application for an amendment to a Stipulated Protective Order withholding confidential business information from both parties’ in-house counsel. Spansion argued that its in-house counsel needed access to confidential business information so

Special Master decision regarding party access to confidential information and prosectuion bar

In LadaTech, LLC v. Illumina, Inc., C.A. No. 09-627-SLR (Jan. 3, 2011), a recent Special Master decision, Plaintiff wanted its General Counsel, who was also one of three directors of the company, to have access to all confidential information produced in the case. Plaintiff argued that its General Counsel was not a competitive decisionmaker, or

Special Master Bechtle: Deposition of In House Counsel

Special Master Bechtle recently addressed plaintiff’s motion to compel the deposition of in-house counsel for a defendant, the same person who signed the verification for that defendant’s interrogatory responses. Xpoint Technologies, Inc. v. Intel Corp., et al., C.A. No. 09-00026-SLR, Special Master Order No. 20 (D. Del. Oct. 28, 2010). The Special Master found that

Special Master Bechtle: Contention Interrogatories – How much and when?

It’s always a looming question in patent litigation – who goes first in responding to contention interrogatories and how much information must be provided? Special Master Bechtle addressed just this issue in XPoint Technologies, Inc. v. Intel Corporation, C.A. No. 09-26-SLR, Special Master Order 14 (D. Del. June 25, 2010). In this case, the parties

Special Master Seitz: Decision on objections to instructions that 30(b)(6) witness not answer questions

Special Master Seitz recently decided Defendants’ Objections to Plaintiff’s Instructions Not to Answer Questions at Deposition of Plaintiff’s Rule 30(b)(6) Witness. One of the four issues decided involved counsel for Plaintiff instructing the witness not to answer questions regarding communications between himself and a U.S. attorney employed as General Counsel of another entity. Id. at

Special Master: Vincent J. Poppiti: Discovery Dispute over Production of Worldwide Sales Information

Special Master Poppiti ordered defendant Chi Mei Optoelectronics Corporation to produce its worldwide sales data and technical information because such information is relevant to: “(i) inducing infringement liability; (ii) determining direct infringers; (iii) commercial success; and (iv) a reasonable royalty determination.” Apeldyn Corporation v. AU Optronics Corporation et al., C.A. No. 08-568-SLR, Special Master’s Report

D. Del. Special Master: Protective-Order Compromise Settles Threat of Later Disclosure During Reexam and Other Proceedings

Negotiating protective orders can be a mundane affair. But the D. Del. litigator may want to take notice of an attorneys-eyes-only provision recently fashioned by a special master appointed by distict judge Sue L. Robinson. In his report and recommendation, the special master adopted the following passage to address the parties’ concerns over handling the

Special Master Poppiti Denies Plaintiffs’ Motion to Dismiss Defendant InnoLux Without Prejudice

In Honeywell International Inc. et al. v. Apple Computer, Inc. et al., C.A. 04-1337-JJF (D. Del. Oct. 5, 2009), Honeywell filed a motion to dismiss Defendant InnoLux without prejudice under Fed. R. Civ. P. 41, while InnoLux, in addition to previously filing a motion for summary judgment, requested that InnoLux be dismissed from the litigation