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."

Richard A. Williamson v. Citrix Online LLC, et. al., 2-11-cv-02409 (CACD August 3, 2012, Order) (McDermott, M.J.).

No comments: