Friday, May 20, 2011

IBM Ordered to Produce "In-Bound" and "Out-Bound" Licenses But Not Cross-Licenses

Plaintiff's motion to compel the production of defendant's licenses was granted as to "in-bound" and "out-bound" licenses, but denied as to cross-licenses. "Plaintiff has shown the relevance of In-Bound license agreements that include patents relating to semiconductor testing (such as the [defendant's] patents-in-suit) from the 2003-2007 time-frame. Thus, that information shall be produced. Similarly, in regard to the Out-Bound licenses, the court orders that [defendant] honor its agreement to continue its efforts to produce the additional license agreements limited to specifically identified patent agreements. However, as to the request for Cross-licensing agreements, the court finds that request to be overbroad and unduly burdensome and, in light of 'the tenuous relevance of the cross-licenses compared to the in-bound and out-bound licenses [to be] produced', such a request is denied."

Auburn University v. International Business Machines, Corp.
, 3-09-cv-00694 (ALMD May 18, 2011, Order) (Capel, M.J.)

No comments: