Richard A. Williamson v. Citrix Online LLC, et. al., 2-11-cv-02409 (CACD August 3, 2012, Order) (McDermott, M.J.).
Wednesday, August 8, 2012
Cross-Licenses and Outbound Agreements Concerning Accused Technology Deemed Discoverable
The court granted plaintiff's motion to compel the production of defendant's outbound licenses and cross-licenses in connection with the accused technology. "District court decisions in this Circuit both before and after [Lucent Technologies, Inc. v. Gateway, Inc., 580 F.3d 1301 (Fed. Cir. 2009)] and [ResQNet v. Lansa, Inc., 594 F.3d 860 (Fed. Cir. 2010)] have considered cross-licenses relevant for discovery purposes, noting the different legal standards for discoverability and admissibility. Thus, [defendant's] assertion that cross-license and outbound agreements involve different technologies and markedly different structures from the hypothetical license relevant here does not preclude discovery even if those agreements are inadmissible at trial."