Heartland Recreational Vehicles LLC v. Forest River Inc

Filing 88

MOTION to Compel Production of Documents from Heartland and Baker & Daniels by Counter Claimant Forest River Inc. (Attachments: # 1 Exhibit A - Excerpt of '747 Patent, # 2 Exhibit B - Email of 3/14/05, # 3 Exhibit C - Excerpt of '841 Patent, # 4 Exhibit D - Excerpt of '650 Patent, # 5 Exhibit E - Excerpt of Taylor Dep., # 6 Exhibit F - FR Doc. Req. #9, # 7 Exhibit G - FR Doc. Req. #32, # 8 Exhibit H - Heartland Resp. to #9, # 9 Exhibit I - Heartland Resp. to #32, # 10 Exhibit J - B&D Subpoena, # 11 Exhibit K - Gallagher diary, # 12 Exhibit L - Brotherson CC, # 13 Exhibit M - Brotherson Letter, # 14 Appendix Rule 37 Certification, # 15 Supplement Supplement to Certification)(Fountain, Ryan)

Heartland Recreational Vehicles LLC v. Forest River Inc

Doc. 88 Att. 4

case 3:08-cv-00490-TLS document 88-5

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Exhibit E - Excerpt from transcript of Jay Taylor deposition of November 30, 2009. 8 Q. Have you yourself ever recommend that a client do a patentability search? A. Yes. Q. When is the last time you did that? A. Oh, I don't know. Sometime last year. Q. Who actually did the search? A. Um, we have several search firms in DC that we use, 9 contracted with over the years. I don't remember exactly which one did it. Q. On this last occasion when you had a search done, did that search firm send you any type of report? A. They sent me a letter that just included -- listed the patents that they thought were pertinent. Q. Uh-huh. Did they express any comment one way or the other about any of those patents? A. Just to the extent to state what was in the patent that they felt might be pertinent. They never expressed an opinion one way or the other. They just provide information and say here it is. And then from there on, it's for the attorney to make the determination. Q. When you were using that search firm, did you send them any type of correspondence giving them instructions on what to do? A. Usually, yeah. Q. Okay. A. Sometimes email, sometimes telephone. Q. When you reviewed the files of Baker & Daniels and Barnes & Thornburg, did you find any type of correspondence instructing the search firm on what to do? A. No, I did not. 10 Q. Did you find any type of report from the search firm? A. No, I did not. Q. When you yourself have used search firms and received correspondence from them, and sent correspondence to 1

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them, did you keep a copy of that in your files? A. Usually. Q. Why? A. Because I put everything in the file.

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