Silicon Laboratories, Inc. v. Cresta Technology Corporation

Filing 123

ORDER RE: 118 REQUEST FOR GUIDANCE ON EXPERT DISCOVERY AND REPORTS by Judge Paul S. Grewal on November 10, 2015 (psglc2, COURT STAFF) (Filed on 11/10/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SILICON LABORATORIES, INC.,
Plaintiff,

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v.

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CRESTA TECHNOLOGY
CORPORATION,

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Case No. 14-cv-03227-PSG
ORDER RE: REQUEST FOR
GUIDANCE ON EXPERT DISCOVERY
AND REPORTS
(Re: Docket Nos. 118, 122)

United States District Court
Northern District of California

Defendant.
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Plaintiff Silicon Laboratories, Inc. seeks the court’s guidance on issues related to

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upcoming depositions of Defendant Cresta Technology Corporation’s experts.1 Cresta Tech does

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not dispute that it bears the burden of proof on its affirmative defenses, including laches.2 Because

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Cresta Tech’s experts, Mihai Murgulescu and Matthew Lewis, failed to mention the issue in their

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opening reports, they should not have raised it in their rebuttal reports, and they may not testify to

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laches at trial. As for the documents that Cresta Tech allegedly produced for the first time as

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attachments to Lewis’ rebuttal report, it appears that Cresta Tech is now rectifying any fact

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discovery oversights. Silicon Labs should use the deposition to take any further discovery on the

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issues to which these documents pertain. After the deposition, if Silicon Labs believes it still is

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prejudiced by the late production, it may move for further relief as necessary. Finally, the court

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encourages the parties to reach an agreement on the number of hours of deposition testimony that

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each of them will take from opposing experts. If Cresta Tech makes Murgulescu available for

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See Docket No. 118.

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See Docket No. 122.

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Case No. 14-cv-03227-PSG
ORDER RE: REQUEST FOR GUIDANCE ON EXPERT DISCOVERY AND REPORTS

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separate depositions on infringement and validity, Silicon Labs should do the same for its

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technical expert.

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SO ORDERED.

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Dated: November 10, 2015

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_________________________________
PAUL S. GREWAL
United States Magistrate Judge

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United States District Court
Northern District of California

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Case No. 14-cv-03227-PSG
ORDER RE: REQUEST FOR GUIDANCE ON EXPERT DISCOVERY AND REPORTS