Dominion Assets LLC v. Masimo Corporation et al

Filing 55

Discovery Order re: 53 Discovery Letter Brief filed by Masimo Corporation, Dominion Assets LLC, Cercacor Laboratories, Inc. Signed by Judge Maria-Elena James on 11/7/2013. (cdnS, COURT STAFF) (Filed on 11/7/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DOMINION ASSETS LLC,

Case No. 12-cv-02773-CW (MEJ)

Plaintiff,
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v.

DISCOVERY ORDER

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MASIMO CORPORATION, et al.,

Re: Dkt. No. 53

Defendants.
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United States District Court
Northern District of California

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The Court is in receipt of the parties’ Joint Letter Regarding Discovery Dispute, filed

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November 6, 2013. Dkt. No. 53. In the letter, the parties request that the Court rule on the

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following issues: (1) Plaintiff seeks that the Court overrule certain objections of Defendants and

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direct them to produce the relevant source code; and (2) Defendants seek that the Court strike and

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exclude any doctrine of equivalents infringement theory and compel Plaintiff to further

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supplement its infringement contentions prior to Defendant Masimo producing its source code.

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Having reviewed the parties’ letter, the Court ORDERS as follows:

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The Court finds Plaintiff has complied with Patent Local Rule 3-1 to the best of its current

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ability. To this extent, the Court DENIES Defendants’ request. Once Plaintiff has access to the

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source code, it will be able to supplement its 3-1 disclosures and better inform Defendants as to its

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infringement contentions. The Court also DENIES Defendants’ request to exclude any doctrine

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of equivalents theory. The Court GRANTS Plaintiff’s request for Defendants to produce the

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relevant source code.

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IT IS SO ORDERED.
Dated: November 7, 2013
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MARIA-ELENA JAMES
United States Magistrate Judge