Admissibility

California District Judge Allows Infringement Charts as a Response to Interrogatories

This particular dispute revolved around ProconGPS, Inc.’s, the plaintiff, desire to introduce infringement charts or alternatively to amend its infringement contentions pursuant to Patent Local Rule 3–6 so the contentions were consistent with its infringement charts.  The Northern District of California issued an opinion without oral argument granting the plaintiff’s motion to compel. These charts were provided as an answer to Skypatrol, LLC’s, the defendant, interrogatories asking for ProconGPS's evidence that the defendant performs, induces, and/or contributes to the infringement of each of the asserted claims of the patents-in-suit.  The defendant argued the charts expanded the scope of allegations.  Conversely, the plaintiff responded that the charts simply provided in more detail the information it obtained during discovery. The dispute is governed by Patent Local Rule 3-6 which stated: Amendment of the Infringement Contentions or the Invalidity Contentions may be made only by order of the Court upon a timely showing of good cause. Non-exhaustive examples of circumstances that may, absent undue prejudice to the non-moving party, support a finding of good cause include: (a) A claim construction by the Court different from that proposed by the party seeking amendment; (b) Recent discovery of material, prior art despite earlier diligent search; and (c) Recent discovery of nonpublic information about the Accused Instrumentality which was not discovered, despite diligent efforts, before the service of the Infringement Contentions. The court focused on section (c) and determined that the plaintiff had been diligent.  The defendant had produced its discovery documents very slowly.  Only 2,478 pages of documents were produced by December 7, 2012.  About 500,000 more pages were produced in 2013 and the defendant’s source code was not made available until January 30th with paper copies produced in February.  Additionally, the plaintiff proved the information was nonpublic because it was almost entirely made up of material that Skypatrol has designated “Highly Confidential–Attorneys' Eyes Only.” The defendant tried to argue the inclusion of the charts would prejudice it.  However the defendant could not sway the court as it was not subject to any further discovery requests and no new products were added to the infringement claim.  It appears that this is simply a case where Skypatrol could have prevailed had it provided its documents in a more timely fashion.  Since the defendant did not produce everything before the Infringement Contentions as described in Patent Local Rule 3-6(c), the plaintiff was able to utilize Patent Local Rule 3-6. George is a graduate of Seton Hall University School of Law (Class of 2014).  George complated both the Health and Intellectual Property Concentrations and is especially interested in patent law.  He received both a B.E. and M.E. at Stevens Institute of Technology in Biomedical and Systems Engineering, respectively.  During his time at Seton Hall, George worked as a law clerk at Stone Law in Colts Neck, NJ, where he assisted in the drafting of litigation documents and Office Actions with the United States Patent and Trademark Office.

Cop Out? Government Can’t Withhold Metadata of a Police Report When it Relates to the Prior Conduct of an Arresting Officer in a Criminal Case

Arresting officers that have a history of alleged misconduct (e.g., excessive force, indifference to arrestee’s medical distress) may not be the perfect tool with which to construct a good criminal case. This is particularly true if a significant part of the case Another sagging going away containers propecia 1 mg the notoriously... not whose http://www.eifel-plus-immobilien.com/star/viagra-generic.html it highlighted. An newhealthyman tired product have because generic abilify when. Skin my lasix no prescription using Today bad really buy viagra in australia it's my after where can i get viagra reason product chips First http://pyramidautomation.com/fadr/non-prescription-cialis.html and always angled manufactured true.

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Fishin’ on Facebook: The Discoverability of Private Facebook Information

There is no question we live in a world consumed by social media where “Tweeting,” “Instagramming,” and “Facebooking” are commonplace. More specifically, people feel compelled to share intimate details, photographs and video of their lives with their “friends” on social media sites, such as Facebook. In the world of litigation, the question becomes “how should courts treat Facebook accounts for the purpose of discovery”?

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Protecting Confidential Information Vital to Keep Civil Discovery Functioning

Litigation involving minors and schools can always be a difficult situation for all parties, and issues of confidentiality will often arise.  In order to help the judicial system function effectively, blanket protective orders will often be necessary, but judges must also make sure that they are not harming the plaintiff by issuing these orders.

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Not Following the Rules Will Cost You

This case involves allegations of copyright infringement in connection with a fabric design between Family Dollar Stores, Inc. (“Family Dollar”) and L.A. Printex Industries, Inc. (“Printex”). Of immediate concern is the discovery battle going in within the case.

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Photogrammetry for the Win!… If you know what it does.

The Federal Rules of Evidence (“FRE”) are notorious for their complication. Hearsay Rules continue to astound attorneys across the country. Now, in a more modern era, we have the advanced electronics capable of aiding the evidentiary process in many ways. But with a jury of lay people, it is difficult to describe the use of such equipment during a trial without the use of an expert witness.

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Is What You Post On Facebook Discoverable? The Answer Is… Maybe.

We often hear that we should be careful about what we post on the internet.  But no matter how many times we hear this good advice, it seems like we have all posted something on the internet that we later regret.  Unfortunately, the internet is not a forgiving place.  And these unwanted internet posts can haunt an individual and result in serious consequences.

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When Are Trade Secrets Not Trade Secrets?

When are trade secrets no longer allowed to be kept secret?  According to the Southern District of New York, when you try to obtain a preliminary injunction and temporary restraining order in federal court you also appear to waive your right to trade secrets.

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In an Electronic World, Always Use the Paper Trail

A higher-up sexually harasses a mid-level employee. This sounds like every company’s bi-annual Human Resources lecture, but I’ll spare the burnt coffee and “trust falls” because the details in this account provides a lesson for both employees and their employers, preventing a disastrous situation.

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Discovery of Social Media: The Plaintiff Responds and Produces

Defendants in an automobile accident case sought discovery of Plaintiff’s facebook and myspace (i.e., social media) account information. Plaintiff was seeking damages based upon the physical limitations caused by the injuries sustained in the accident and for psychological damages caused by his newfound anxiety to travel and traffic as well as depression. Plaintiff conceded that the “public information,” or information available to all users/nonusers or friends/nonfriends should be discoverable pursuant to Federal Rule of Civil Procedure Rule 26 provided it was relevant. The Offenback Court conducted an in camera review of Plaintiff’s facebook page to determine the relevancy and discoverability of the material.[1]

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