Intellectual Property – Sanctions and Attorneys’ Fees

March 25, 2010

Publication| Intellectual Property

Magistrate Judge Thynge Awards Attorneys’ Fees for Failure to Provide Appropriate Rule 30(b)(6) Witness                               
In Innovative Patents, L.L.C. and Forcefield, LLC v. Brain-Pad, Inc., C.A. No. 07-680-MPT (D. Del. Nov. 4, 2009), Magistrate Judge Thynge granted in part and denied in part defendant’s motion for fees and costs.  Defendant moved for fees and costs incurred on the basis that plaintiffs failed to provide an appropriate and qualified Rule 30(b)(6) witness pursuant to defendant’s deposition notices.  After reviewing the relevant deposition transcript, the Court found that the witness was not able to respond to questions on a number of topics listed in the deposition notice.  As a result, the Court ordered fees and costs to be reimbursed by plaintiffs to defendant in the amount of $15,000.

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