Northeastern University et al v. Google, Inc.,

Filing 193

ORDER granting 130 Sealed Motion; granting 134 Sealed Motion. Signed by Magistrate Judge Charles Everingham on April 1, 2011. (jml)

Northeastern University et al v. Google, Inc.,

Doc. 193

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS MARSHALL DIVISION NORTHEASTERN UNIVERSITY and JARG CORPORATION v. GOOGLE, INC. § § § § CASE NO. 2:07-CV-486-CE § §

ORDER GRANTING PLAINTIFFS' MOTION TO COMPEL GOOGLE' TO PROVIDE NON-PRIVILEGED ANSWERS TO DEPOSITION QUESTIONS Pending before the Court is Plaintiff's Northeastern University and Jarg Corporation ("Northeastern and Jarg" or "Plaintiffs") Motion to Compel Defendant Google Inc. ("Google") to Provide Non-Privileged Answers to Deposition Questions (Dkt. No. 134). After considering the Motion, the Court finds that the Motion should be GRANTED. Accordingly, it is

ORDERED that discovery be reopened for the limited purpose that Google provide Rule 30(b)(6) representative at Plaintiffs' counsel's office in Austin, Texas to provide answers to the questions its prior witness was instructed not to answer. Specifically, the following: (1) Prior to the release of the TeraGoogle system, did Google conduct any sort of investigation to determine if the TeraGoogle architecture might be infringing upon the patent rights of others? (2) Prior to the release of the TeraGoogle system, did Google conduct any sort of investigation as to third-party patent rights that might relate to TeraGoogle? (3) Prior to launching the TeraGoogle system, did Google conduct any sort of clearance investigation? (4) Prior to the filing of this lawsuit, did Google conduct any search of the patent literature to see if there were any patents that might relate to TeraGoogle? (5) Did Google solicit legal advice from counsel with respect to whether the TeraGoogle system had freedom to operate before that system was launched?

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The Rule 30(b)(6) representative shall be presented at Plaintiffs' counsel's office in Austin, Texas on or before April 8, 2011. IT IS SO ORDERED.
SIGNED this 1st day of April, 2011.

___________________________________ CHARLES EVERINGHAM IV UNITED STATES MAGISTRATE JUDGE