Trading Techs. Int’l., Inc. v. eSpeed, Inc., No 04 C 5312, Slip Op. (N.D. Ill. Aug. 17, 2007) (Moran, Sen. J.).*
Judge Moran denied plaintiff Trading Technologies’ (“TT”) motion to compel an additional Fed. R. Civ. P. 30(b)(6) witness. TT noticed a 30(b)(6) deposition of defendant eSpeed, Inc. (“eSpeed”) identifying twenty four topics, including someone with knowledge of the names of customers or potential customers of eSpeed’s accused products. eSpeed provided a witness on the topic, but he was only able to identify eSpeed’s customers and potential customers, he had no knowledge regarding any demonstrations to those customers or use of the accused products by those customers. TT, therefore, served a second notice, after the close of fact discovery, seeking a witness to testify regarding any demonstrations to or use by eSpeed customers. eSpeed refused to produce a witness in response to the second notice. The Court denied TT’s motion to compel because the original deposition sought only the identity of the customers, so the witness did not need to have any knowledge regarding demonstrations to or use by those customers.
What is most interesting about this opinion, however, is the Court’s statements regarding the fact discovery history of the case. The Court shows some frustration with what appears to have been a very protracted and contentious discovery process:
Both parties in this case have been pushing discovery up to and through the close of discovery, which has been extended time and time again . . . . Enough is enough.
Trial is set to start in this case the week of September 10. Between now and then expect to see several more opinions in this case and its related cases. Additionally, I have some other obligations that week, but am planning to blog some of the trial. Stay tuned.
*You can download this opinion here and you can read much more about this case and related cases in the Blog’s archives.
Rosenthal Collins Group, LLC v. Trading Techs. Int’l, Inc., No. 05 C 4088, 2007 WL 1597928 (N.D. Ill. May 16, 2007) (Moran, Sen. J.).
Judge Moran granted declaratory judgment defendant Trading Technologies’ ("TT") motion to compel documents and things identified by third party declarant Walter Buist during his deposition, despite declaratory judgment plaintiff Rosenthal Collins Group’s ("RCG") assurances that the documents and things had already been produced. RCG previously filed a motion for summary judgment of invalidity of TT’s patents based upon a declaration by Buist regarding software that he developed, at least partially, more than a year before TT filed its patent applications. In a previous opinion, the Court held that RCG’s motion was "somewhat misleading" and possibly "disingenuous," but refused to dismiss the case (you can read the Blog’s discussion of that opinion here, as well as more on this case generally in the Blog’s archives).
Rembrandt Techs., LP v. Comcast Corp., No. 07 C 1010, 2007 WL 1598003 (N.D. Ill. Apr. 25, 2007) (Moran, J.).
Judge Moran granted defendants’ motion to compel documents from third party Zenith Electronics Corp. ("Zenith"), but restricted access to the documents by plaintiff, Rembrandt Technologies’ ("Rembrandt") inhouse counsel. In the underlying action, E.D. Texas Case No. 05 C 443, Rembrandt alleged that defendants infringed its patents. Zenith was identified as a leading licensor of Rembrandt’s technology. So, defendants subpoenaed Zenith to determine what Zenith paid for its license. Zenith essentially agreed to produce the documents pursuant to the subpoena, but wanted to restrict access to the documents so that no party’s inhouse counsel received access. Defendants agreed to the restriction, but Rembrandt argued that its chief patent counsel, John Meli, was a chief decisionmaker in the case and, therefore, required access to the documents. The Court acknowledged that Meli was a decisionmaker in the case and noted that the Texas court’s protective order allowed Meli access to highly confidential documents. Therefore, the Court granted Meli access to any license agreements produced by Zenith pursuant to the subpoena. But the Court denied Meli access to any other documents produced by Zenith.