Hong Kong uCloudlink Network Technology Limited et al v. SIMO Holdings Inc. et al

Filing 198

Discovery Order by Magistrate Judge Laurel Beeler. In the attached order, the court memorializes it rulings at the hearing and addresses the discovery dispute. (lblc5S, COURT STAFF) (Filed on 11/20/2020)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 San Francisco Division United States District Court Northern District of California 11 HONG KONG UCLOUDLINK NETWORK TECHNOLOGY LIMITED, et al., 12 Plaintiffs, 13 15 DISCOVERY ORDER Re: ECF No. 189 v. 14 Case No. 18-cv-05031-EMC (LB) SIMO HOLDINGS INC., et al., Defendants. 16 17 18 In the pending discovery letter, the parties dispute SIMO’s entitlement to documents from 19 uCloudlink that allegedly relate to SIMO’s affirmative defenses of inequitable conduct (in the 20 form of not disclosing prior art to the USPTO) and improper inventorship and uCloudlink’s 21 financial information (for the royalty analysis and damages).1 The parties categorize SIMO’s 22 requests for production into nineteen categories.2 There are three issues: (1) has uCloudlink fully 23 produced all responsive documents that it claims to have produced; (2) when will uCloudlink 24 produce the documents it promised to produce; and (3) must uCloudlink produce certain 25 26 27 28 1 Discovery Letter – ECF No. 189. Citations refer to material in the Electronic Case File (“ECF”); pinpoint citations are to the ECF-generated page numbers at the top of documents. 2 uCloudlink Oct. 30, 2020 Letter, Ex. D to Discovery Letter – ECF No. 189-4 at 2–4. ORDER – No. 18-cv-05031-EMC (LB)  Documents and communications 180–215, supporting the basis of authority for the 226–228 “head office” to assign non-uCloudlink Hong Kong employees to contracts and to various positions within its “groups” and “systems”, and to assign protocols binding on all employees of various uCloudlink group entities. 2 3 4 5 Burdensome and nonproportional. SIMO may propose a much narrower production that describes what it wants and why. Invoices, bills, and money transfers between uCloudlink White Label Partners (Such as DHI) and uCloudlink Hong Kong 1 uCloudlink will produce updated version of its previously produced consolidated financial documents by the end of the month. 6 7 8 101–128 9 10 Documents sufficient to show sales, 94–96 rentals, leases, revenues, and profits all generated from uCloudlink products practicing the Asserted Patent or terminals that function with the uCloudlink back end to practice the Asserted Patent that are sold by third parties United States District Court Northern District of California 11 12 13 uCloudlink will produce updated version of its previously produced consolidated financial documents by the end of the month. 14 15 16 As the court said at the hearing, discovery is iterative. For example, if after receiving the 17 narrower productions here, SIMO identifies further discoverable information from those 18 productions, then the court can address the issues when the parties raise them. To the extent SIMO 19 asks that “discovery deadlines be extended as necessary,” any request to adjust the case deadlines 20 must be raised with the trial judge.5 21 IT IS SO ORDERED. 22 Dated: November 20, 2020 23 ______________________________________ LAUREL BEELER United States Magistrate Judge 24 25 26 27 28 5 Discovery Letter – ECF No. 189 at 4. ORDER – No. 18-cv-05031-EMC (LB) 3 

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