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August 17, 2007
Discovery
Every
Penny Counts (EPC) is suing Bank of America (BOA) in Florida for infringing
6,112,191, which claims automated account transfer of "excess funds" with a
retail transaction. EPC wanted hundreds of thousands of documents as part of
discovery. BOA agreed to roll them out gradually, but then stalled. Judge Sheri
Polster Chappell told BOA to bust a move, giving it until the end of the year to
get it done. BOA ought to pay attention; and their attorneys, even closer
attention; take Qualcomm as a very bad example.
Qualcomm counsel may be facing sanctions for its hide-and-seek discovery game in a Broadcom litigation, where the company kept documents showing that it had rigged getting patents on a video compression standard. After a harsh denouement last week, including the severe measure of rendering the patents unenforceable, Judge Rudi Brewster in Southern California has set a hearing for August 29 to air possible sanctions on the law firms involved: Day Casebeer Madrid and Batchelder, and Heller Ehrman, who were Qualcomm counsel when the discovery brouhaha blew up.
Posted by Patent Hawk at August 17, 2007 4:31 PM | Litigation