A Blog About Intellectual Property Litigation and the District of Delaware


Entries for tag: sua-sponte

Hit the brakes!
Hit the brakes! Arthur Poulin, Unsplash

For the first time, Judge Stephanos Bibas of the Court of Appeals for the Third Circuit has taken at least two patent cases by designation in the District of Delaware this year (along with a number of non-patent cases):

  • TexasLDPC Inc. v. Broadcom Inc., C.A. No. 18-1966-SB (D. Del.)
  • Boston Scientific Corporation et al v. Micro-Tech Endoscopy USA Inc., C.A. No. 18-1869-SB (D. Del.)

We mentioned Boston Scientific earlier this week; it was set to go to a jury trial July 12, 2021.

On Wednesday Judge Bibas entered the following order on the docket, staying the case one day before the pretrial conference:

ORAL ORDER, The pretrial …

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, …