U.S. Ethernet Innovations, LLC v. Acer, Inc. et al

Filing 866

ORDER ADDRESSING USEIS 749 MOTION FOR DISCOVERY SANCTIONS AND TO SET A SHOW CAUSE HEARING FOR FURTHER SANCTIONS DUE TO PARTY MISCONDUCT. Signed by Judge Claudia Wilken on 8/16/2013. (ndr, COURT STAFF) (Filed on 8/16/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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U.S. ETHERNET INNOVATIONS, LLC,
Plaintiff,

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United States District Court
For the Northern District of California

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No. C 10-3724 CW
ORDER ADDRESSING
USEI’S MOTION FOR
DISCOVERY
SANCTIONS AND TO
SET A SHOW CAUSE
HEARING FOR
FURTHER SANCTIONS
DUE TO PARTY
MISCONDUCT (Docket
No. 749)

v.
ACER, INC.; ACER AMERICA
CORPORATION; APPLE, INC.; ASUS
COMPUTER INTERNATIONAL; ASUSTEK
COMPUTER, INC.; DELL, INC.;
FUJITSU, LTD.; FUJITSU AMERICA,
INC.; GATEWAY, INC.; HEWLETT
PACKARD CO.; SONY CORPORATION;
SONY CORPORATION OF AMERICA; SONY
ELECTRONICS INC.; TOSHIBA
CORPORATION; TOSHIBA AMERICA,
INC.; and TOSHIBA AMERICA
INFORMATION SYSTEMS, INC.,
Defendants,
INTEL CORPORATION; NVIDIA
CORPORATION; MARVELL
SEMICONDUCTOR, INC.; ATHEROS
COMMUNICATIONS, INC.; and
BROADCOM CORPORATION,

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Intervenors.

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________________________________/

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Plaintiff U.S. Ethernet Innovations LLC (USEI) moves for
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certain “evidentiary sanctions” against Intervenor Intel
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Corporation, Defendant Hewlett-Packard Company (HP) and their
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counsel and for an order directing them to show cause why
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additional sanctions should not be ordered.

USEI contends that

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these parties improperly entered into a consulting agreement with
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Richard Baker, who is a former employee of 3Com, which was the
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prior owner of the patents-in-suit.

Mr. Baker is also a former

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employee of HP and is a potential fact witness in this litigation.
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USEI requests that the Court find that all communications between

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Mr. Baker and Intel, HP or their counsel are not privileged and

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must be disclosed to USEI; require the production of documents

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related to meetings between them and all documents that they have

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exchanged; permit USEI to depose Mr. Baker about these

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communications; and prohibit Intel and HP from using evidence from

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Mr. Baker to support their claims or defenses.

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that the Court set a show cause hearing to consider whether to

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disqualify HP and Intel’s counsel and to strike their claims and

United States District Court
For the Northern District of California

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defenses.

USEI also asks

HP and Intel oppose the motion in its entirety.

Having considered the papers filed by the parties, the Court

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DENIES the motion in part and REFERS it in part.

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shown that HP and Intel’s counsel should be disqualified, that

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their claims and defenses should be stricken or that any other

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such sanctions are warranted.

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prevent USEI from contacting Mr. Baker directly and may not

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require that USEI contact Mr. Baker only through HP or its

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counsel.1

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USEI, if he wishes to do so.

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USEI has not

However, HP and Intel may not

They also may not prevent Mr. Baker from speaking with

The Court REFERS the remainder of the motion, including the

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issues of USEI’s specific discovery requests and HP and Intel’s

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claims of privilege, to the discovery Magistrate Judge for

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resolution.

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parties shall meet and confer regarding the remaining issues

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raised in USEI’s motion, and shall file a single joint letter

Within seven days of the date of this Order, the

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If Mr. Baker is represented by counsel himself, USEI may
contact Mr. Baker only through his attorney.
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brief addressing any issues on which they are unable to reach a

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resolution, following the procedures set forth in the Magistrate

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Judge’s standing order.

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IT IS SO ORDERED.

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Dated: 8/16/2013

CLAUDIA WILKEN
United States District Judge

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United States District Court
For the Northern District of California

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