Friday, February 13, 2009

Obstructionist Discovery Tactics Warrant Preclusion of Expert Testimony that Requested Damages are Excessive

In granting plaintiff's motion to compel licensing documents, the court also ordered that "[defendant] is precluded from having its experts offer the opinion that the plaintiff’s proposed royalty or damages calculations are multiple times larger than what [defendant] has ever paid for software licenses in the past. [Defendant] has resisted producing all of its licenses and settlement agreements, and the plaintiff has no way to challenge this assertion."

PalTalk Holdings, Inc. v. Microsoft Corp., 2-06-cv-00367 (February 11, 2009, Order)

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