RSI Corporation v. International Business Machines Corporation et al

Filing 218

ORDER by Judge Whyte re 210 Discovery Dispute (rmwlc2, COURT STAFF) (Filed on 10/5/2012)

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
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RSI CORP., dba RESPONSIVE SYSTEMS
11 COMPANY, a New Jersey corporation,
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CASE NO. 5:08-cv-3414 RMW

Plaintiff,
ORDER RE DISCOVERY DISPUTE
REPORT NO. 1

vs.

14 INTERNATIONAL BUSINESS MACHINES
CORPORATION; and DOES DEFENDANTS
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Defendants.

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As to each entity that has licensed BPA, DB2PE, or OMPE from IBM since February 15,

19 2004, IBM will conduct a diligent search for responsive communications made between IBM
20 representatives in the United States and said entities during the respective one year periods leading
21 up to each entity licensing BPA, DB2PE, or OMPE.
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IBM will conduct a diligent search for responsive communications made between IBM

23 representatives in the United States and actual RSI customers since February 15, 2003. IBM will
24 use RSI's supplemented interrogatory responses as the basis for determining RSI's customers.
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The court expects that IBM will use appropriate technology including keyword searching

26 to minimize the burden of this discovery obligation.
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IBM will also identify the software and functionalities included in DB2PE and OMPE as

28 per RSI's interrogatories 18 and 19.
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It is so ordered.

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DATED: October, 5 2012
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Ronald M. Whyte
United States District Judge

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