Adobe Systems Incorporation v. Wowza Media Systems, Inc.

Filing 281

ORDER RE: JOINT DISCOVERY DISPUTE STATEMENT RE Third Party Discovery (Dkt. No. 272-1). Signed by Magistrate Judge Jacqueline Scott Corley on 2/8/2013. (ahm, COURT STAFF) (Filed on 2/8/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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Northern District of California

United States District Court

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ADOBE SYSTEMS INCORPORATED,

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Plaintiff,

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v.

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Case No.: 11-2243 CW (JSC)
ORDER RE: JOINT DISCOVERY
DISPUTE STATEMENT RE Third
Party Discovery (Dkt. No. 272-1)

WOWZA MEDIA SYSTEMS, LLC, and
COFFEE CUP PARTNERS, INC. (F/K/A/
WOWZA MEDIA SYSTEMS, INC.),

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Defendants.

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The Court is in receipt of a joint discovery brief from the parties regarding Adobe’s
request to subpoena five of Wowza’s customers. (Dkt. No. 272-1.) After reviewing the
parties’ submission, the Court concludes that oral argument would not be helpful. See Civ.
L.R. 7-1(b).
This issue has been before the Court on numerous prior occasions. (Dkt. Nos. 138,
191, 237.) Wowza has twice filed motions for protective orders seeking to enjoin Adobe from
subpoenaing its customers. (Dkt Nos. 81 & 175.) Through the subpoenas Adobe seeks
information from Wowza’s customers regarding their use and demand for the RTMP and

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RTMPe protocols. The parties agreed that in lieu of the subpoenas Adobe could propound

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written questions on ten pre-selected Wowza customers.

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On January 3, 2013, Wowza confirmed that the written questions had been sent to the

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ten identified customers. Three customers have responded and another two have indicated

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that they intend to do so; however, four customers have not responded and one customer has

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declined to respond absent a court order. Adobe now seeks an order allowing it to serve

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subpoenas on the five Wowza customers who have not responded to the written questions

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propounded by Abode via Wowza.

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As the Court has previously found, Adobe is entitled to discovery into what drives the

together to obtain this information without the need for subpoenas, this no longer appears to

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Northern District of California

customers demand for Wowza’s products. Although the parties appeared to be working

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United States District Court

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be the case. Accordingly, Adobe is entitled to serve subpoenas (limited to the already

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approved deposition questions) on the five customers who have not responded or declined to

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respond. More than 30 days have passed without a response from these customers and

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Adobe’s Motion for Summary Judgment is due March 1, 2013.

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IT IS SO ORDERED.
Dated: February 8, 2013

_________________________________
JACQUELINE SCOTT CORLEY
UNITED STATES MAGISTRATE JUDGE

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