Immersion Corporation v. HTC Corporation et al

Filing 96

MEMORANDUM ORDER Granting in part and Denying in part a discovery dispute between the parties (see 95 Letter, 94 Letter). Signed by Judge Richard G. Andrews on 1/21/2014. (nms)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE

IMMERSION CORPORATION,
Plaintiff,

v.

Civil Action No. 12-259-RGA

HTC CORPORATION, HTC AMERICA
INC.
Defendants.

MEMORANDUM ORDER

Before the Court is a discovery dispute between the parties. The matter has been fully
briefed. (D.I. 94, 95). For the reasons below, the motion is GRANTED IN PART AND
DENIED IN PART.

1.

Interrogatories 61 and 62: The Court finds that responding to interrogatories 61

and 62 would be overly burdensome for the Defendants as it would require the
Defendants' expert to review over four million source code files, which would take
approximately 9,000 hours. (D.I. 95-1 at 3-5). Here HTC has provided the source
code to the Plaintiff. The burden to go through the source code and determine what
sections are potentially infringing is properly borne by the Plaintiff.
2.

Interrogatory 60: The Court finds that the Defendants' response to interrogatory 60

is inadequate. The Court finds that as the Plaintiff is requesting information about
HTC's own devices, interrogatory 60 is not unduly burdensome. Therefore, the
Defendants are ordered to supplement their response to interrogatory 60 to include all
accused devices.

3.

Request for documents: The plaintiff contends that the Defendants have not
produced all core technical documents as required. The Court finds that this dispute
is not ripe as the parties are continuing to discuss this issue and have not followed the
Court's scheduling order which requires parties to meet and confer prior to bringing a
discovery dispute to the Court's attention.

4.

The hearing scheduled for January 21, 2014 at 3pm, regarding this discovery dispute,
is cancelled.

s'/Entered this&[ day of January, 2014.

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