Beckman Coulter, Inc. v. Sysmex Am., Inc., No. 18 C 6563, Slip Op. (N.D. Ill. Feb. 26, 2020) (Lee, J.).
Judge Lee denied plaintiff Beckman Coulter (“BCI”) Fed. R. Civ. P. 56(d) motion for additional discovery in this patent dispute involving automated laboratory software.
Defendants (collectively “Sysmex”) sought summary judgment precluding recovery of pre-suit damages. Sysmex argued that notice – actual or constructive – was required for pre-suit damages because BCI sold product embodying the claims. BCI sought additional discovery arguing that to the extent that Sysmex later argued the BCI products did not embody the claims, there would be an issue of fact. But that discovery, even if it happened, would be futile because BCI had admitted that its products embodied the claims. Furthermore, the discovery BCI seeks is actually legal conclusions, not fact discovery.