West v. Ultimate Metals Co. et al
Filing
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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
______________________________________
MARIA-ELENA JAMES
United States Magistrate Judge
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