Patent Damages
2May/13Off

NDCA allows discovery into defendant’s reasonable royalty claims in other actions

On April 22, 2013, the NDCA issued an opinion in Flatworld Interactives LLC v. Apple Inc., Case No. 3-12-cv-01956-JSW-EDL (Doc. No. 111).  The court addressed plaintiff’s motion to compel discovery from Apple.  Several issues were addressed, but the one relevant here involved Flatworld’s motion to compel production of documents relating to Apple’s reasonable royalty claims when asserting its patents in other litigations.  The court granted the motion.  We quote the relevant portion in full:

With respect to FlatWorld’s motion to compel production of documents relating to Apple’s reasonable royalty claims when asserting its patents in other litigations, the motion is granted with the respect to the trial transcripts and exhibits thereto, with respect to Apple’s reasonable royalty claims in the Apple v. Samsung litigations in the Northern District of California.  This production shall comply with the protective order therein with respect to any confidential and proprietary information of Samsung. The Court further orders that, Apple shall file with the Court a sworn declaration setting forth the burden associated with the relevant protective order and third-party confidentiality issues associated with producing redacted versions of damages expert reports, whether initial, supplemental, or rebuttal, exhibits thereto, and trial testimony and exhibits thereto relating to damages, from the Motorola v. Apple litigation in the Northern District of Illinois. Such filing shall be made no later than April 23, 2013. FlatWorld shall file a response of not more than three pages, indicating what issues remain for the Court to decide, if any, and the Court shall thereafter issue an order. Except as stated or as ordered further by the Court, the motion is denied.

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