Judge Andrews Grants in Part Motion to Compel Discovery

April 28, 2016

Publication| Intellectual Property

In Delaware Display Group LLC v. LG Electronics Inc., C.A. No. 13-2109-RGA (D. Del. Mar. 29, 2016), Judge Andrews granted the defendants’ motion to compel discovery in part, requiring that the plaintiff supplement its responses to two requests for production and produce “at least one piece of paper documenting the purchase of each of the 200 or so charted [accused products].” This narrowed the defendants’ original request of “all invoices/purchase orders for the models of the defendants’ accused products” listed on the plaintiff’s infringement charts in addition to “all non-privileged communications related to the purchase of such models, to the extent they exist.” Judge Andrews denied the defendants’ additional requests that the plaintiff produce documents on the plaintiff’s and a third party’s privilege log related to teardowns. The plaintiff had argued that certain teardowns were protected by a consulting agreement with the third party and its counsel.

Analysis: This decision reflects Judge Andrews’ willingness to order discovery into a plaintiff’s testing of products for infringement charts and his reluctance to order disclosure of documents claimed to be privileged.

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