Wednesday, September 2, 2009

Inventor's Email to Google Co-Founder and President did not Warrant Deposition Prior to Completion of Other Discovery

Motion for protective order to preclude plaintiff's deposition of Google co-founder and president was granted, as modified. A single email from the inventor of the patent-in-suit to Google's president was not sufficient to warrant a deposition in light of (i) testimony that neither the inventor of the patent-in-suit nor Google's president had any recollection of the events, and (ii) the disruption such a deposition would cause to Google's operations. Plaintiff was permitted to depose a 30(b)(6) witness concerning the email and Google's procedures for handling emails of that sort and the court would resolve any irreconcilable discovery disputes at that time.

PA Advisors, LLC v. Google Inc. et al., 2-07-cv-00480
(TXED August 28, 2009, Order) (Folsom, J.)

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