A Blog About Intellectual Property Litigation and the District of Delaware


Entries for tag: Unintended Consequences

Airplane
Andrew Palmer, Unsplash

Yesterday, Judge Fallon addressed a motion to compel in Airbus SAS v. Anaconda, Inc., C.A. No. 25-178-CFC-SRF (D. Del.). The moving party sought to compel production of various technical information in a copyright and breach of contract case.

The Court first noted that the moving party had not adequately limited the request or sufficiently tied it to their claims.

Beyond that, the Court described how, if the party had really wanted broad technical discovery, it wouldn't have cancelled a noticed 30(b)(6) deposition on related topics after the deponent had already traveled to the US from Germany:

[W]hen Anaconda [the moving party] had an opportunity to depose a 30(b)(6) witness on the GISEH …