West v. Ultimate Metals Co. et al

Filing 82

Discovery Order re: 81 Joint Discovery Letter Brief filed by Peora. Signed by Judge Maria-Elena James on 7/23/2014. (cdnS, COURT STAFF) (Filed on 7/23/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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TRENT WEST,

Case No. 13-cv-03651-WHO (MEJ)

Plaintiff,
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DISCOVERY ORDER

v.

Re: Dkt. No. 81

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ULTIMATE METALS CO., et al.,
Defendants.

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On July 22, 2014, the parties filed a joint discovery dispute letter regarding Plaintiff Trent

United States District Court
Northern District of California

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West’s Patent Local Rules 3-1 and 3-2 infringement contentions. Dkt. No. 81. The Court has

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addressed this dispute in two previous orders. Dkt. Nos. 69, 75. Upon review of the most recent

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letter, the Court ORDERS as follows:

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1)

Plaintiff Trent West shall serve on Defendants a declaration by July 28, 2014,

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attesting that he has disclosed all information that is reasonably available to him,

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including: (a) specifically where each limitation of each asserted claim is found

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within each Accused Instrumentality; and (b) the level of detail that the “reverse

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engineering or its equivalent” standard requires.

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2)

If Plaintiff attempts to introduce evidence that he could have but failed to disclose

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as part of his infringement contention disclosures, the Court will consider

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exclusionary sanctions.

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3)

Defendants shall serve their Invalidity Contentions not later than 45 days after
service of Plaintiff’s declaration.

IT IS SO ORDERED.

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Dated: July 23, 2014
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MARIA-ELENA JAMES
United States Magistrate Judge