Netlist, Inc v. Smart Modular Technologies, Inc

Filing 182

ORDER RE: JOINT DISCOVERY LETTER. Signed by Magistrate Judge Jacqueline Scott Corley on 4/7/2014. (ahm, COURT STAFF) (Filed on 4/7/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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NETLIST INC,

Case No. 13-cv-05889-YGR (JSC)

Plaintiff,
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v.

ORDER RE: JOINT DISCOVERY
LETTER

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SMART STORAGE SYSTEMS INC, et al.,

Re: Dkt. Nos. 146-4

Defendants.

United States District Court
Northern District of California

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On February 21, 2014, the parties filed a joint discovery letter concerning Plaintiff Netlist

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Inc.’s (“Netlist”) request for infringement related discovery. (Dkt. No. 146-4.) Defendants Smart

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Storage Systems, Inc. and Diablo Technologies Inc. (“Diablo”) opposed Netlist’s document

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request, asserting that infringement related discovery should be stayed, and Defendants’ deadline

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for producing invalidity contentions delayed, “because Netlist’s Patent L.R. 3-1 Infringement

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Contentions are deficient.” (Id. at 1.) One week later, Diablo filed a motion to strike Netlist’s

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infringement contentions. (Dkt. No. 149.) The motion to strike was based on the same arguments

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Defendants used to oppose Netlist’s discovery requests.

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The Court denied Diablo’s motion to strike, concluding that Netlist’s infringement

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contentions were sufficient under Rule 3-1. (Dkt. No. 176.) Because Defendants’ sole objection

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to Netlist’s motion to compel—that Netlist’s contentions were insufficient—has been resolved by

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the Court’s Order denying Diablo’s motion to strike, Netlist’s motion to compel is GRANTED

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and Defendants’ motion to stay is DENIED. Defendants shall produce Netlist’s requested

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discovery as required by the Patent Local Rules.

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IT IS SO ORDERED.
Dated: April 7, 2014
______________________________________
JACQUELINE SCOTT CORLEY
United States Magistrate Judge

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United States District Court
Northern District of California

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