Barnes & Noble Inc. v. LSI Corporation et al.

Filing 210

ORDER regarding discovery conference to discuss source code production and sequence of discovery and amendments to infringement contentions. Signed by Magistrate Judge Laurel Beeler on 4/19/2013. (lblc2S, COURT STAFF) (Filed on 4/19/2013)

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UNITED STATES DISTRICT COURT

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Northern District of California

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San Francisco Division
BARNES AND NOBLE, INC., et al.,

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For the Northern District of California

UNITED STATES DISTRICT COURT

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Plaintiffs,

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v.
LSI CORPORATION, et al.,

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No. C 11-02709 EMC (LB)
ORDER REGARDING DISCOVERY
CONFERENCE TO DISCUSS
SOURCE CODE PRODUCTION AND
SEQUENCE OF DISCOVERY AND
AMENDMENTS TO INFRINGEMENT
CONTENTIONS

Defendants.
[Re: ECF Nos. 200, 202, 205]

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_____________________________________/
On April 10, 2013, defendants LSI Corporation and Agere Systems LLC (collectively, “LSI”)

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filed a motion to, in part, amend their infringement contentions for five patents at issue in this

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action: U.S. Patent No, 5,670,730; U.S. Patent No. 6,452,958; U.S Patent No. 6,707,867; U.S. Patent

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No. 5,546,420; and U.S. Patent No. 5,920,552. See Motion, ECF No. 198; Corrected Motion, ECF

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No. 200 at 2.1 During a Further Case Management Conference on April 11, 2011, the parties

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described to Judge Chen a potential dispute concerning plaintiffs Barnes and Noble, Inc. and

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Barnesandnoble.com LLC’s (collectively, “BN”) production of additional source code that LSI says

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is necessary for it to fully make the amendments to its infringement contentions. See Transcript of

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4/11/2013 Further CMC, ECF No. 205 at 4-8. To make this process as smooth as possible, Judge

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Chen ordered the parties to meet and confer within approximately 2 weeks regarding this potential

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Citations are to the Electronic Case File (“ECF”) with pin cites to the electronicallygenerated page numbers at the top of the document.
C 11-02709 EMC (LB)
ORDER

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dispute over the production of additional source code and then to contact the undersigned to

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schedule a discovery conference to discuss the timing and sequence of BN’s production and LSI’s

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amendments to its infringement contentions for the patents already at issue in this case. See

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Amended Minute Order, ECF No. 202 at 1; Transcript of 4/11/2013 Further CMC, ECF No. 205 at

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To facilitate a meaningful discovery conference, the undersigned orders the parties to set forth

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the dispute and their proposals for its resolution in a joint discovery dispute letter brief (in

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accordance with the procedures set forth in undersigned’s standing order), rather than through the

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noticed motion process.2 Given Judge Chen’s directive that the parties meet and confer within

undersigned ORDERS the parties to submit their joint discovery dispute letter brief and any

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For the Northern District of California

approximately 2 weeks from the April 11, 2013 Further Case Management Conference, the

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UNITED STATES DISTRICT COURT

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proposals regarding timing by May 2, 2013 (which is 1 week after the 2 week period to meet and

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confer). Thereafter, the court will schedule a discovery conference to discuss the dispute with the

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parties.

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IT IS SO ORDERED.
Dated: April 19, 2013
_______________________________
LAUREL BEELER
United States Magistrate Judge

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The court notes that LSI’s motion is still live with respect to LSI’s request to amend its
counterclaims and its infringement contentions to add additional patents that are not already at issue
in this case. See Amended Minute Order, ECF No. 202 at 1.
C 11-02709 EMC (LB)
ORDER

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