Princeton Digital Image Corporation v. Harmonix Music Systems Inc. et al

Filing 237

MEMORANDUM ORDER regarding Plaintiff's discovery disputes (D.I. 227 Joint MOTION for Teleconference to Resolve Discovery Dispute filed by Konami Digital Entertainment Inc., Electronic Arts Inc., Harmonix Music Systems Inc., Ubisoft Entertainment SA, Ubisoft Inc.). Signed by Judge Christopher J. Burke on 2/22/2018. (mlc)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
PRINCETON DIGITAL IMAGE CORP.,
Plaintiff,
V.

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HARMONIX MUSIC SYSTEMS, INC.,

et al.,
Defendants.

Civil Action No. 12-1461-LPS-CJB

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MEMORANDUM ORDER
At Wilmington this 22nd day of February, 2018.

WHEREAS, Plaintiff Princeton Digital Image Corporation ("Plaintiff') has moved for
relief regarding a number of discovery disputes against Defendant Konami Digital Entertainment
Inc. ("Konami US"), (D.I. 227) (the "Motion"), and the Court 1 has considered the parties' briefs,
(D.I. 229; D.I. 232);

NOW, THEREFORE, IT IS HEREBY ORDERED that Plaintiffs motion be resolved
as follows:
1.

With its Motion, Plaintiff raised seven different discovery disputes regarding

Konami US. (D.I. 229 at 1-4) In an Oral Order issued on February 22, 2018, the Court found
that Plaintiff had not sufficiently complied with Local Rule 7 .1.1 and this Court's discovery
dispute procedures regarding four of those issues (and part of a fifth); the Court required the
parties to further meet and confer on those four and a half issues and report back to the Court by
March 1, 2018. This Memorandum Order addresses the remaining two and a half issues.

This case has been referred to the Court to hear and resolve all pretrial matters, up
to and including the resolution of case-dispositive motions. (D.I. 30)

2.

The first of these issues relates to Plaintiffs request for technical documents for

the accused games. (D.I. 229 at 1-2 (citing D.I. 90 at 2; D.I. 229, ex. 2 at 3 (RFP No. 1))) The
Court accepts Konami US's representation that, after a diligent search, it has not located any
further such documents in its possession, custody or control. (D.I. 232 at 1-2; id., ex. 1 at~ 3;

id., ex. 2 at~ 8); see also Novanta Corp. v. !radian Laser, Inc., Civil Action No. 15-1033-SLRSRF, 2016 WL 4987110, at *3 (D. Del. Sept. 16, 2016). Therefore, Plaintiffs request is
DENIED AS MOOT. 2
3.

The second issue is Plaintiffs request for certain summary sales, costs and profit

information related to the distribution by Konami US of each of the accused games in the United
States during the six-year damages period prior to the filing of Plaintiffs original Complaint.
(D.I. 229 at 2 (citing id., ex. 2 at 3, 6-7 (RFP Nos. 2, 15-16, 18))) The Court understands that
Konami US has already produced the additional requested information. (D.I. 232 at 2; id., ex. 2
at~ 7) Therefore, Plaintiffs request is DENIED AS MOOT.
4.

The last issue is Plaintiffs request for production of certain development,

publishing, distribution, licensing and settlement agreements concerning the accused games.
(D.I. 229 at 2-3-(citing id., ex. 2 at 3-4, 6 (RFP Nos. 1, 3, 15))) Here, Konami US agreed to and
did produce outstanding development agreements for the accused games and outstanding master
distribution agreements with relevant console system manufacturers; it also agreed to search for

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To the extent that Plaintiffs reference to Konami US' s interaction with "affiliated
companies of the Konami group in Japan" is meant to suggest that Konami US is required to
produce documents in the possession of such affiliates, (D.I. 229 at 2), there is no basis for such a
conclusion. The Court has previously held that Konami US could not be compelled to produce
documents in the possession of Konami US' s foreign affiliates, because Plaintiff had not met its
burden to show that Konami US controlled such documents. (D.I. 176) Plaintiff proffers
nothing here that would alter the Court's conclusion in that regard.
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any additional license and settlement agreements related to the accused games and to promptly
produce them. (D.I. 232 at 2) Konami shall produce any such outstanding documents by no later
than March 7, 2018.

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d

Christopher J. Burke
UNITED STATES MAGISTRATE JUDGE

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