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. 7

case 3:08-cv-00490-TLS document 88-8

filed 02/01/10 page 1 of 2

RESPONSE:

Heartland objects to this request because it is overly broad and seeks the

discovery of do uments that are neither relevant nor reasonably likely to lead to the discovery of admissible evid nee. Heartland also objects to this request to the extent it seeks documents that contain confide tial or proprietary information, or that contain trade secrets, or that are subject to the attorney cli nt privilege or the attorney work product doctrine. Additionally, Heartland objects to this r quest because it is premature, as stated in its General Objection No.1. to and without Subject

aiving its objections, Heartland states that once a discovery plan is entered in

this case, it will produce responsive, non-privileged documents so long as they are relevant to any issue remai ing in the case, and so long as an appropriate protective order has been entered by the Court.

To the extent not otherwise requested herein, all documents and things which describe, refer to, discuss, or relate to any investigation by or on behalf of Heartland into the patentabilit of the invention(s) of the patent in this lawsuit or the validity of the patent in

this lawsuit, inc uding the identity of any prior art which is "material" to the claims of the patents in this lawsuit, s that term is meant in 37 C.F.R. § 1.56.

RESPONSE:

Heartland objects to this request to the extent it seeks documents that

contain confide tial or proprietary information, or that contain trade secrets, or that are subject to the attorney cli nt privilege or the attorney work product doctrine. Additionally, Heartland objects to this r quest because it is premature, as stated in its General Objection No.1. to and without Subject

aiving its objections, Heartland states that once a discovery plan is entered in

this case, it will produce responsive, non-privileged documents so long as they are relevant to

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Dockets.Justia.com

case 3:08-cv-00490-TLS document 88-8

filed 02/01/10 page 2 of 2

any issue remai by the Court.

ing in the case, and so long as an appropriate

protective

order has been entered

lawsuit or of an contended produce that

other patent application

identified

in response to Request No.1, within the meaning

Heartland

ny of the claims were not "obvious"

of35 U.S.C. § 103, then

the do uments and things sufficient the "level of ordinary ontention

to show both Heartland's

factual basis for

determining

skill in the art" (as that phrase is meant in 35 U. S. C. § 103) at factual basis that has become known to Heartland

the time of that since then.

and any additional

RESPONSE:
discovery admissible

Heartland

objects to this request because it is overly broad and seeks the likely to lead to the discovery of

of do uments that are neither relevant nor reasonably evid nee. Heartland tial or proprietary

also objects to this request to the extent it seeks documents information,

that

contain confide

or that contain trade secrets, or that are subject to Additionally, Heartland No. 1. Subject

the attorney cli nt privilege

or the attorney work product doctrine.

objects to this r quest because it is premature, to and without aiving its objections, Heartland

as stated in its General Objection states that once a discovery documents

plan is entered in

this case, it will produce responsive, any issue remai by the Court.

non-privileged

so long as they are relevant to protective order has been entered

ing in the case, and so long as an appropriate

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All electronic

media (including

computers,

backup discs, hard drives and between the or relates

er media used to send, receive, and/or store email correspondence inventor of the atent in suit and any other party which discusses,

refers to, describes,

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