STC.UNM v. Intel Corporation

Filing 54

MOTION to Compel by STC. UNM. (Pedersen, Steven)

UNITED STATES DISTRICT COURT DISTRICT OF NEW MEXICO STC.UNM, Plaintiff, v. INTEL CORPORATION, Defendant. Civil No. 10-CV-01077-RB-WDS

STC'S MOTION TO COMPEL This motion is necessitated by Intel's refusal to produce any discovery on its products in development. Intel has taken this position despite the fact that there is no research and development exception for infringement. Patent infringement is a strict liability offense: intent and magnitude are not factors. Thus, Intel's research and development activities are subject to an infringement determination by a jury, and are most certainly discoverable at this juncture in the case. Accordingly, STC's motion should be granted, and Intel should be compelled to produce discovery regarding its development of future products.

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Dated: March 22, 2011

Respectfully submitted, /s/ Steven R. Pedersen Rolf O. Stadheim Joseph A. Grear George C. Summerfield Keith A. Vogt Steven R. Pedersen STADHEIM & GREAR, LTD. 400 N. Michigan Avenue, Suite 2200 Chicago, Illinois 60611 [phone]

Deron B. Knoner KELEHER & MCLEOD, P.A. 201 Third Street NW, 12th Floor PO Box AA Albuquerque, New Mexico 87103 [phone]

Attorneys for Plaintiff STC.UNM

Certificate of Conference: The undersigned conferred with counsel for Intel regarding the relief requested herein. Intel opposes the instant motion. /s/ Steven R. Pedersen

Certificate of Service: I hereby certify that on March 22, 2011, I caused the foregoing to be electronically filed with the Clerk of the Court using the CM/ECF system which will send notification of such filing via electronic mail to all counsel of record. /s/ Steven R. Pedersen

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