Dominion Assets LLC v. Masimo Corporation et al

Filing 45

Discovery Order re Dkt No. 44 Joint Discovery Letter Brief REGARDING DISCOVERY DISPUTE filed by Dominion Assets LLC.. Signed by Judge Maria-Elena James on 7/9/2013. (cdnS, COURT STAFF) (Filed on 7/9/2013)

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UNITED STATES DISTRICT COURT

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Northern District of California

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DOMINION ASSETS, LLC,

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Plaintiff,
v.

No. C 12-2773 MEJ
ORDER RE: DISCOVER Y LETTER
(DOCKET NO. 44)

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MASIMO CORP., et al.,
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Defendants.
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On July 1, 2013, the parties filed a joint discovery letter. Dkt. No. 44. Plaintiff Dominion

10 Assets LLC asks the Court overrule certain objections that Defendants Masimo Corporation and

12 to compel Dominion Assets to supplement its infringement contentions prior to Defendants producing
For the Northern District of California

UNITED STATES DISTRICT COURT

11 Cercacor Laboratories, Inc. have made to Plaintiff’s Requests for Documents, while Defendants seek

13 their source code. Upon review of the parties’ letter, the Court ORDERS as follows:
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Within 21 days, Dominion Assets shall amend its infringement contentions to fully comply

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with Patent Local Rule 3-1(a) and (c). Pursuant to Rule 3-1(a), Dominion Assets shall,

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separately for each opposing party, provide “[e]ach claim of each patent in suit that is

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allegedly infringed by each opposing party, including for each claim the applicable statutory

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subsections of 35 U.S.C. §271 asserted.” Pursuant to Rule 3-1(c), Dominion Assets shall

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provide a “chart identifying specifically where each limitation of each asserted claim is found

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within each Accused Instrumentality, including for each limitation that such party contends is

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governed by 35 U.S.C. § 112(6), the identity of the structure(s), act(s), or material(s) in the

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Accused Instrumentality that performs the claimed function.” (emphasis added.)

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Upon receipt of the amended infringement contentions, the parties shall meet and confer to

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determine a mutually agreeable method for production of Defendants’ source code.

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IT IS SO ORDERED.

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27 Dated: July 9, 2013
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_______________________________
Maria-Elena James
United States Magistrate Judge