A Blog About Intellectual Property Litigation and the District of Delaware


Entries for tag: Production

Plaintiff Moves to Compel Preservation of RAM Memory, and Fails—for Now

Andrew E. Russell, July 30, 2025
Default Standard ESI

Tilting at windmill
AI-Generated, displayed with permission

Wow. In Belvac Production Machinery, Inc. v. Adonis Acquisition Holdings, LLC, C.A. No. 25-166-JLH (D. Del.), the plaintiff moved to compel the defendant to preserve all random access memory ("RAM") copies of certain copyrighted software that is apparently used to operate equipment.

To me, this is a wild motion—although it takes a bit of knowledge about computer memory to show why.

Some Background on Computer Memory

Unlike Nate, who wisely avoided expounding on analytical chemistry, I feel like some background on how computer memory works is needed here, to help understand just what plaintiff is asking for. The parties didn't include this in their briefing—but they probably should have explained things a bit …

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Substantial Completion Is Really More of a State of Mind

Nathan R. Hoeschen, Oct. 8, 2020
Substantial Completion Sanctions

Typical small production of recent unimportant documents served after substantial completion deadline
Typical small production of recent unimportant documents served after substantial completion deadline Can you find the book you need?, Carles Rabada, Unsplash

"Substantial completion of document production" is not exactly a bright line.

Is it more than half?

More than 90%?

At least in Delaware, cases interpreting the issue are light on the ground. Usually, when presented with a steaming pile of documents after the substantial completion deadline, the parties will work out some modest schedule extension without any court intervention. This is probably for the best, but it means that the parties are usually working from a blank slate when negotiating the necessity and length of any extension.

Luckily for us, Judge Burke issued an Oral Order …

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