Thursday, March 20, 2014

“License Production Order” Requires Disclosure of Licenses Covering the Patents-In-Suit, Including Settlement Licenses

Following the case management conference, the court issued a "License Production Order" requiring plaintiff to produce all license agreements covering the patents-in-suit. "If plaintiff is seeking a reasonable royalty, in whole or as part of its damages, [in 4 weeks], plaintiff will produce to defendants all license agreements it has entered into, or now holds as a successor-in-interest to a prior licensor, covering the patents at issue, whether entered into before or after the start of litigation (i.e., licenses arising from settlement of litigation). The production of licenses is subject to the highest level of confidentiality (Attorneys’ Eyes Only) unless the plaintiff designates them otherwise."

SPH America, LLC v. AT&T Mobility, LLC, 3-13-cv-02318 (CASD March 18, 2014, Order) (Bencivengo, J.)

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