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GlobalFoundries
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Order | Filed: May 31, 2024 | Entered: May 31, 2024 Oasis Tooling, Inc. v. GlobalFoundries U.S., Inc.
Patent | Delaware
Oral Order ~Util - Terminate Motions
ORAL ORDER: The Court, having reviewed Defendant’s motion to strike (“Motion”), (D.I. 306 ) in which Defendant requests that the Court strike and/or preclude Plaintiff from relying on deposition testimony of Joseph LeBritton taken in the related Siemens case, and the briefing related thereto, (D.I. 307 ; D.I. 310 ; D.I. 312 ), hereby ORDERS that the Motion is DENIED for the reasons that follow: (1) The Court does not agree with Defendant that Fed. R. Civ. P. 16’s good cause standard applies to this dispute. Defendant argues to the contrary that the good cause standard is applicable because Plaintiff has violated Section 7(a) of the Scheduling Order (“All fact discovery in this case shall be initiated so that it will be completed on or before July 28, 2023.”), (D.I. 307 at 2; see also D.I. 45 at 4), but the Court does not see why that is so. That would surely be the right way to look at things if Plaintiff was seeking to take Mr. LeBritton’s deposition after the July 28, 2023 fact discovery deadline (set out in Section 7(a)) had passed. But Plaintiff is not seeking to do so. Indeed, it does not think it needs to take Mr. LeBritton’s deposition at all in this case.; (2) Instead, to the extent that the dispute here is properly framed as being brought pursuant to a motion to strike, it is a dispute over whether Plaintiff timely supplemented its discovery responses and initial disclosures in order to identify content relating to Mr. LeBritton—a dispute that would implicate the requirements of Fed. R. Civ. P. 26 and 37 and (if the disclosures were untimely) the Pennypack factors.; (3) The Court, however, does not have a basis to conclude that these disclosures were untimely pursuant to Rule 26. Plaintiff obtained Mr. LeBritton’s deposition testimony in the related Siemens case on June 30, 2023 (the Court does not have a sufficient basis in the record to conclude that Plaintiff knew of the substance of what Mr. LeBritton’s testimony would be any earlier than June 30). It then provided a copy of the transcript of that testimony to Defendant on July 12, 2023, and supplemented its relevant interrogatory responses, initial disclosures and initial infringement contentions to include reference to Mr. LeBritton on July 24, July 28 and July 31, 2023, respectively. (D.I. 310 at 1) In a perfect world, Plaintiff might have supplemented a week or two sooner, but with all that happens in a case like this around the time that fact discovery is closing, the Court cannot say that Plaintiff’s supplementation efforts (which were made and completed within a month of the LeBritton deposition) were untimely. (Id. at 1-2 (Plaintiff noting that both sides were supplementing document productions/initial disclosures or taking depositions near, on or after the July 28 fact discovery deadline)); and (4) It seems like there may be a future dispute that the Court will need to resolve about whether, pursuant to Fed. R. Evid. 703, Plaintiff’s experts can rely on Mr. LeBritton’s testimony at trial or (perhaps) whether pursuant to Fed. R. Evid. 804(b), Plaintiff could present Mr. LeBritton as a trial witness. (D.I. 307 at 2 n.1; D.I. 310 at 3-4) But that is not the stuff of a motion to strike; it is the kind of thing that would be addressed either at the Daubert stage, in a motion in limine, or otherwise in the pre-trial process. (D.I. 307
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Motion | Filed: May 30, 2024 | Entered: May 30, 2024 GlobalFoundries U.S. Inc. v. International Business Machines Corporation
Defend Trade Secrets Act (of 2016) | New York Southern
Seal
LETTER MOTION to Seal addressed to Magistrate Judge Andrew E. Krause from Clement J. Naples dated May 30, 2024. Document filed by GlobalFoundries U.S. Inc...(Naples, Clement)
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Motion | Filed: May 31, 2024 | Entered: May 31, 2024 GlobalFoundries U.S. Inc. v. International Business Machines Corporation
Defend Trade Secrets Act (of 2016) | New York Southern
Compel
***SELECTED PARTIES*** LETTER MOTION to Compel Production addressed to Magistrate Judge Andrew E. Krause from Clement J. Naples dated May 30, 2024. Document filed by GlobalFoundries U.S. Inc., International Business Machines Corporation. (Attachments: # 1 Exhibit B - Apr 17 2024 Hearing Transcript (Excerpt), # 2 Exhibit C - May 22 2024 Email from S. AlMarzoog to S. Caravello, # 3 Exhibit D - IBM_Fed_GF-0067304, # 4 Exhibit E - May 30 2024 Email from S. Caravello to S. AlMarzoog, # 5 Exhibit F - IBM_Fed_GF-0055829, # 6 Exhibit I - May 17 2024 IBM Supp Response to GF Second Set of Rogs, # 7 Exhibit J - May 1 2024 M&C Transcript (Excerpt), # 8 Exhibit K - May 18 2024 Letter from C. Calabrese to IBM, # 9 Exhibit L - May 29 2024 Letter from A. Rockoff-Kirk to GF, # 10 Exhibit N - May 24 2024 M&C Transcript (Excerpt), # 11 Exhibit O - May 23 2024 Email from C. Calabrese to P. Signoracci, # 12 Exhibit P - May 30 2024 IBM Amended Obj and Resp to GFs Fourth Set of Interrogatories, # 13 Exhibit Q - May 20 2024 M&C Transcript (Excerpt), # 14 Exhibit R - May 30 2024 Email from A. Rockoff-Kirk to D. Roberts, # 15 Exhibit S - IBM_Fed_GF-0109063, # 16 Exhibit T - IBM_Fed_GF-0255159, # 17 Exhibit U - IBM_Fed_GF-0052721, # 18 Exhibit W - May 6 2024 IBM R&Os to GF Fourth set of ROGs, # 19 Exhibit Y - Feb 20 2024 GF Eighth Set of RFPs to IBM, # 20 Exhibit Z - Apr 26 2024 Email from P. Signoracci to D. Roberts, # 21 Exhibit AA - March 21 2024 IBM R&Os to GF Eight Set of RFPs, # 22 Exhibit BB - Apr 9 2024 Email from S. Caravello to C. Calabrese, #
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