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Chicago IP Litigation Tracking Northern District of Illinois IP Cases

Fees Awarded for Deposition Related to Rule 11 Investigation

Posted in Discovery

Morningware, Inc. v. Hearthware Home Products, Inc., No. 09 C 4348, Slip Op. (N.D. Ill. Oct. 6, 2011) (St. Eve, J.).

Judge St. Eve granted in part plaintiff/counter-defendant Morningware’s motion to compel the deposition of defendant/counter-plaintiff’s employee that conducted pre-suit, Rule 11 testing in this Lanham Act and patent infringement case involving convection ovens. The Court held that the witness at issue – Kim – was involved in the testing. In fact, Hearthware produced a video showing Kim performing tests. Furthermore, not all of Kim’s actions were privileged. Communications with counsel were privileged, while testing was not. And even as to communications, Morningware was entitled to information regarding the date of the communication, the parties in the communication, their titles and the subject matter of the communications. The Court also granted Morningware its fees related to the motion.