A Blog About Intellectual Property Litigation and the District of Delaware


Entries for tag: 30(b)(6)

Judge Bryson Addresses Whether Parties Must Seek a Protective Order to Narrow 30(b)(6) Topics

Andrew E. Russell, May 19, 2025
30(b)(6)

This is basically what I imagine when I hear about a
This is basically what I imagine when I hear about a "corporate deponent" Chris Barbalis, Unsplash

On Friday, the Court unsealed an interesting Judge Bryson opinion on 30(b)(6) depositions.

As we've noted, Rule 30(b)(6) now parties to meet-and-confer prior to the deposition to resolve the scope of the testimony. But the rules leaves out the exact parameters of how and when parties object, and what happens when they do.

Judge Bryson's opinion addresses an instance where a responding party objected to a 30(b)(6) notice, designated witnesses on only portions of the noticed topics, and offered to meet-and-confer (an offer the noticing party never accepted).

As promised, the deponent was prepared to testify on only a portion of the …

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A Common Topic Goes Too Far

Nathan R. Hoeschen, Feb. 2, 2023
30(b)(6)

Judge Fallon issued an interesting ruling on a discovery dispute this week that I expect to see cited by many an attorney in high dudgeon over the coming months and years.

Lorenzo Herrera, Unsplash

The issue was straightforward: Plaintiff had served a 30(b)(6) notice requesting a witness on "[t]he structure, function, and operation of the Accused Instrumentalities and the interoperation, integration, and/or interface between and among the Accused Instrumentalities.” The defendant refused, contending the topic was overbroad and unduly burdensome. Plaintiff then moved to compel.

Judge Fallon denied the motion without a hearing, holding:

Topic 1, which seeks testimony on "[t]he structure, function, and operation of the Accused Instrumentalities and the interoperation, integration, and/or interface between and among the …
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Court Compels Defendant to Provide Witness on 30(b)(6) Topics Even If "Many (If Not Most, or All)" Questions Likely to Draw Privilege-Related Instructions Not to Answer

Andrew E. Russell, April 29, 2022
MTC Motion to Compel

Illustration of the stone wall plaintiff will face when they actually depose this person.
Illustration of the stone wall plaintiff will face when they actually depose this person. eberhard grossgasteiger, Unsplash

In The United States of America v. Gilead Sciences, Inc., C.A. No. 19-2103-MN (D. Del.), plaintiff moved to compel defendant to produce a 30(b)(6) witness on various topics, including on "[a]ll bases" for certain statements by defendant's CEO, including statements about a decision not to challenge the validity of certain patents.

As to two of those topics, the defendant argued in its responsive letter that the CEO's statements were "based entirely on communications and memoranda prepared by Gilead’s in-house counsel and outside counsel," which are privileged. The Court generally agreed:

[T]he Court definitely acknowledges Defendants' point[, ]i.e., …
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Court Orders "Unusual" Preliminary 30(b)(6) Deposition, Suggests Sanctions After Defendant Potentially "Hiding the Ball" on Damages

Andrew E. Russell, Oct. 18, 2020
Damages Sua Sponte

Google tells me
Google tells me "hide the ball" is a football thing. Dave Adamson, Unsplash

In Guest Tek Interactive Entertainment, Ltd. v. Nomadix, Inc., C.A. No. 18-1394-RGA (D. Del.), plaintiff sent RFPs for various financial documents, but defendant produced only a single page profit and loss statement for each year, claiming no more was available.

Plaintiff brought a discovery dispute and asked Judge Andrews to order production of any further documents in defendant's possession.

Judge Andrews declined. Instead, he sua sponte suggested that the parties resolve this via a 30(b)(6) deposition about the kinds of financial information that defendant keeps:

[D]o a 30(b)(6) deposition and find out if there are any other documents. And you know, …
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Three Things Docket Navigator Didn't Mention About Judge Bryson's Recent Discovery Opinion

Andrew E. Russell, July 28, 2020
Errata 30(b)(6)

This morning, Docket Navigator covered Judge Bryson's D. Del. discovery opinion that was made public this week, focusing on his denial of a motion to strike errata to a 30(b)(6) deposition transcript.

But there are (at least) three other interesting points about the errata in the opinion:

  • COVID issues make deposition errata more necessary:
Mr. Rothrock had to prepare for his deposition under difficult circumstances, including having to consult remotely with others in the company. Mr. Rothrock understandably could have made a mistake during his deposition in light of the numerous topics and challenging circumstances in which he was forced to prepare. Given those circumstances, I will not disregard Mr. Rothrock’s errata.
  • The Court noted that, as usual, …
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