A Blog About Intellectual Property Litigation and the District of Delaware

Entries for tag: Special Master

So Noble
So Noble Navi, Unsplash

The law can always surprise you. Sometimes this is a bad thing. For instance, I was surprised and saddened to learn that, in the city of Wilmington, you can only have a chicken if it is an emotional support animal who lives at least half of the year in your home. Unfortunately, Learned Claw is not yet house-trained.

Sometimes, though its a good surprise. The sort that you can wring a blog post out of if you can pad it with a personal anecdote (*coughs*).

For instance, I was surprised to learn that there was a dispute about the standard for reviewing one of the most common disputes in all of Delaware -- whether to strike contentions under the Pennypack factors.

The specific context at issue in the painfully long-running case of TQ Delta LLC v. Comcast Cable Communications LLC, was an objection to a Special Master's Order. The underlying dispute was your usual Pennypack issue, with one party complaining that the other had disclosed a new DOE theory too late in the game, and the other arguing that the theory was not really new at all. The Special Master went through all of the usual factors and ultimately struck ...

Ashin K Suresh, Unsplash

Yesterday, Special Master Gregory B. Williams issued an order in TQ Delta, LLC v. Dish Network Corp., C.A. No. 16-614-RGA (D. Del.) requiring the plaintiff to turn over unredacted copies of its expert reports, declarations, and testimony from prior cases. These materials contain the confidential information—possibly even source code—of prior defendants.

As set forth by the Special Master, this information is relevant to the plaintiff's current cases, because it involves related patents with similar issues:

[T]he Prior Litigation Materials are relevant to the claims and defenses in the present action. Specifically, [the expert] Dr. Madisetti's prior opinions concern other "phase scrambling" patents in the same patent family as the '158 and …