ORDER to Compel

ICM must perform searches of its pre-2009 electronic data and use the search terminology that the parties previously agreed to.
 

The parties must cooperate to complete the electronic searches within 14 days of this order. ICM must produce the non-privileged, responsive documents within 7 days thereafter.

 

There is evidence that long before the issuance of the '858 patent, ICM analyzed the technology embodied in that patent and, at some point, it anticipated the possible issuance of the patent. It is possible that ICM (and maybe Flottweg) engaged in communications between and among themselves and perhaps others before issuance of the patent that are relevant to the infringement issues in this litigation, including contributory infringement.
 

[Flottweg] certainly did not comply with the court’s Order Governing the Production of Electronically Stored Information, to which the parties had stipulated. Flottweg must conduct another search of its  electronic and hard-copy documents that includes documents created on or after 2003.

Flottweg must complete this work within 14 days of this order.
 

The plaintiffs are entitled to conduct additional depositions of an appropriate ICM and Flottweg representative(s) after the new documents are produced.

 

SEE HERE

 

SkunK