Software Rights Archive, LLC v. Facebook, Inc.

Filing 67

ORDER Appointing Technical Advisor Dr. A.J. Nichols. (rmwlc1, COURT STAFF) (Filed on 8/12/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SOFTWARE RIGHTS ARCHIVE, LLC,

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Plaintiff,

Case No. C:12-03970 RMW
CASE NOS.

v.

C-12-3970 RMW
C-12-3971 RMW
C-12-3972 RMW

FACEBOOK, INC.,

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Defendant.

ORDER APPOINTING TECHNICAL
ADVISOR DR. A. J. NICHOLS

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v.
LINKEDIN CORPORATION

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Defendant.

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v.
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TWITTER, INC.
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Defendant.
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The court proposed the appointment of neutral technical advisor Dr. A.J. Nichols to
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educate the court on the technology underlying Discovery Dispute Joint Report # 2 in Software
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Rights Archive ("SRA") v. Facebook, LLC and possible future disputes in that matter. See Case
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No. 12-3970, Dkt. No. 62. The court asked the parties to indicate whether Dr. Nichols would be
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ORDER APPOINTING TECHNICAL ADVISOR
Case Nos. 12-3970, -3971, -3972 RMW
AG

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acceptable, and if not, to propose alternative technical expert(s). Id. The parties notified the

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court that they accepted Dr. Nichols as a neutral technical advisor. Id., Dkt Nos. 63, 64.

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Because the court finds this to be a case "where the scientific complexity of the

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technology is such that the district court . . . require[s] the assistance of a technical advisor to aid

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in understanding the complex technology underlying the patent," TechSearch, L.L.C. v. Intel

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Corp., 286 F.3d 1360, 1377-78 (Fed. Cir. 2002), the court exercises its inherent authority to

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appoint Dr. A.J. Nichols as a neutral technical advisor, subject to the following terms:

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(1) Dr. Nichols will adhere to the parties' stipulated protective order in SRA v. Facebook.

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Although the parties have not filed a signed protective order in the docket, based on the sealing

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requests affiliated with this motion, the court understands the stipulated protective order in this

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case to be the Patent Local Rule 2-2 Interim Model Protective Order. Dr. Nichol's signed copy of

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the protective order in SRA v. Facebook is attached hereto as Exhibit A.

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(2) Dr. Nichol's role is limited to a "tutor" to aid the court in understanding the technical

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terminology used in the field and the technology at issue in this matter. Dr. Nichol's advice is not

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a source of evidence. See generally Reilly v. United States, 863 F.2d 149, 157-59 (1st Cir. 1988).

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(3) Dr. Nichols will maintain a list of any pleadings or other materials he reviews from

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any of the related cases, Case Nos. 12-03970 (SRA v. Facebook); 12-03971 (SRA v. LinkedIn);

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12-03972 (SRA v. Twitter).

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(4) The court may elect to utilize Dr. Nichols or to retain another technical advisor if other

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technically complex issues arise in any of these related cases. In the event another dispute occurs

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that requires the assistance of a technical advisor, and involves LinkedIn or Twitter, the court will

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consider any objections to the use of Dr. Nichols from any party and will entertain the parties'

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suggestions of alternative technical advisors at that time if necessary.

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IT IS SO ORDERED

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Dated: August 12, 2013
_______________________________
Ronald M. Whyte
United States District Judge

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ORDER APPOINTING TECHNICAL ADVISOR
Case Nos. 12-3970, -3971, -3972 RMW
AG

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EXHIBIT A