Masterobjects, Inc. v. eBay, Inc.
Filing
99
ORDER RE: JOINT DISCOVERY LETTER BRIEFS (Dkt. Nos. 90-3, 93). Signed by Magistrate Judge Jacqueline Scott Corley on 10/24/2013. (ahm, COURT STAFF) (Filed on 10/25/2013)
1
2
3
4
5
6
7
IN THE UNITED STATES DISTRICT COURT
8
FOR THE NORTHERN DISTRICT OF CALIFORNIA
9
10
Northern District of California
United States District Court
11
12
MASTEROBJECTS, INC.,
13
14
Plaintiff,
Case No.: 3:12-cv-680 JSC
ORDER RE: JOINT DISCOVERY
LETTER BRIEFS (Dkt. Nos. 90-3, 93)
v.
15
16
17
EBAY, INC.,
Defendant.
18
19
20
21
22
23
24
25
26
27
28
Now pending before the Court are two Joint Statements regarding discovery disputes.
In the first, Plaintiff MasterObjects, Inc. (“MasterObjects”) seeks to compel Defendant eBay,
Inc. (”eBay”) to produce certain documents regarding “testing and analysis of the (alleged)
economic benefit of the accused eBay search Autocomplete feature and related documents.”
(Dkt. No. 90-3, p. 1.) In the second, MasterObjects seeks to compel eBay to produce
additional source code for review (Dkt. No. 93). Having considered the parties’ submissions,
and having had the benefit of oral argument on October 24, 2013, the Court hereby
memorializes the rulings made on the record.
1
2
A. MasterObjects’ Motion to Compel testing and analysis documents (Dkt. No. 90-3)
MasterObjects contends that eBay has computerized data and analytic systems which
3
eBay uses to calculate the economic benefit of every aspect of its search function.
4
MasterObjects argues that these systems could be used to calculate the value of the at-issue
5
Autocomplete function, and thus, reasonable royalty damages. In response, eBay asserts that
6
MasterObjects misunderstands how it uses the metrics and that it has produced all responsive
7
documents. Based on counsel for eBay’s representation that his client has searched for and
8
produced all responsive documents, the Court declines to order anything further.
9
MasterObjects’ motion to compel (Dkt. No. 90-3) is therefore DENIED.
10
With respect to the outstanding issues surrounding MasterObjects’ previously denied
Northern District of California
United States District Court
11
Administrative Motion to Seal the Joint Statement and exhibits thereto, the Clerk shall
12
STRIKE MasterObjects’ filing of the unredacted version of these documents on the public
13
docket (Dkt. No. 97). The parties shall comply with Local Rule 79-5.
14
B. MasterObjects’ Motion to Compel further source code production (Dkt. No. 93)
15
MasterObjects contends that eBay has refused to produce server-side source code for
16
review by MasterObjects’ expert. eBay counters that MasterObjects’ request is overly broad
17
and seeks two massive and complex source code libraries that provide the general server
18
infrastructure for the operation of eBay’s entire website and include over 1,000,000 lines of
19
code. Based on the record before the Court, the Court simply cannot determine what
20
additional source code, if any, should be produced. Further, the Court is skeptical as to
21
whether it, rather than the parties’ experts or those with technical expertise, is in the best
22
position to make this determination. Accordingly, as the parties had previously planned for
23
MasterObjects’ expert to review the source code on Monday, October 28, the expert shall use
24
this opportunity to specifically identify which additional source code he seeks. Counsel shall
25
make themselves available on October 28 as well so that they can engage in a real-time meet
26
and confer regarding the additional source code sought by MasterObjects. MasterObjects’
27
motion to compel (Dkt. No. 93) is therefore DENIED without prejudice.
28
2
1
The related Administrative Motion to Seal (Dkt. No. 92) remains pending as the time
2
has yet to run for eBay to submit a declaration in support of sealing pursuant to Local Rule
3
79-5(e).
4
5
IT IS SO ORDERED.
6
7
Dated: October 24, 2013
_________________________________
JACQUELINE SCOTT CORLEY
UNITED STATES MAGISTRATE JUDGE
8
9
10
Northern District of California
United States District Court
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?