FEDERAL CIRCUIT REPORT
Aisha Mahmood Haley
Reichman Jorgensen Lehman & Feldberg LLP
A TRAP FOR THE UNWARY: LEVERAGING RULE 37 TO KNOCK OUT YOUR OPPONENT’S CASE AFTER MLC INTELLECTUAL PROPERTY V. MICRON TECHNOLOGIES
In a sea of discovery, it is hard to tell what will really matter at trial. For example, most lawyers don’t see contention interrogatories as case breaking. During fact discovery, through a contention interrogatory, you can try to box in your opponent’s theories on infringement, damages, validity, and willfulness, but they will probably objectâsometimes for pages. An all-too-common objection is that contention interrogatories seek premature disclosure of expert opinions. After all, there is usually a separate expert discovery period where reports on most issues in patent cases are exchanged.
And everyone has experienced a Rule 30(b)(6) deposition where the witness is totally unprepared on the designated topics. Apart from protesting to keep the deposition open (and maybe, if it’s important enough, moving to compel), there’s not much you can do about it.