Post-Deposition Expert Declarations
Expert witnesses deposed, after which they execute additional declarations. Can the declarations be stricken or the witnesses
Discovery
What a resolved discovery dispute looks like
I posted a few days ago about a discovery dispute where the Court resolved part and carried part pending a hearing. As expected, the parties resolved the disputes – this sets out what they agreed on.
Discovery Into Unaccused Products
I thought EDTX caselaw on the issue of discovery into unaccused products was pretty clear, but apparently another case was required.
Motion to Disqualify Consultant
The issue here was whether a foreign party would be prohibited from retaining as a consultant an attorney.
Formal Requests for Documents?
Defendant asked the Court to strike Plaintiff’s disclosures or extend deadlines as a result of Plaintiff’s alleged failure to timely produce damages information. The Court saw this as an issue of whether under its procedures relevant documents must be requested.
Deposition Locations for Foreign Witnesses
Yes, this is a real site – here – and the plaintiff in this case will have the opportunity to use it.
Motion for Venue Discovery
Plaintiff sought “targeted venue discovery” based on arguments made by the defendants at a recent hearing on the defendant’s motion for reconsideration of denial of their prior venue motion.
Cross-motions for Sanctions Denied
The parties filed cross-motions for sanctions arising out of conduct in a deposition, resulting in an order from Judge Albright.
Motion to Compel Prior Contentions & Expert Reports. With Debris.
The substance of the motion deals with when a party’s prior contentions and expert reports dealing with the same patents should be produced, but the order comes with a tasty procedural holding dealing with discovery motion practice as well.
FRCP 33(d) Responses
Plaintiff moved to compel a narrative response to an interrogatory in a patent case pending before Judge Kernodle in Tyler. The subject matter was revenues and profits, and the order provides an example of when an answer can rely on FRCP 33(d), and when further information is required to be provided.