Judge Thynge Orders Plaintiffs to Supplement Their Response to Interrogatory Relevant to Defendant's Invalidity Defense

By Memorandum Order entered by the Honorable Mary Pat Thynge in Quantum Loyalty Systems, Inc., et al. v. TPG Rewards, Inc., Civil Action No. 09-022-SLR/MPT (D.Del., March 6, 2012), the Court ordered Plaintiffs, Quantum Loyalty Systems, Inc. and Quantum Corporation of New York, Inc., to supplement their response to interrogatory number 7 of Defendant, TPG Rewards, Inc., which asked Plaintiffs to explain why each claim of the patent-in-suit does not cover defendants 1993 and 2002 products which are at issue as prior art. Judge Thynge found Plaintiffs’ original response, which merely parroted claim language and generally pointed to documents on the Court’s docket, was not an adequate response to the interrogatory. Id. at 5.

A complete copy of the Memorandum Order is attached.
 

District of Delaware Adopts Default Standard for Access to Source Code

On December 8, 2011, the United States District Court for the District of Delaware adopted a Default Standard for Access to Source Code. The default standard applies in pertinent matters absent agreement among the parties.

A copy of the Default Standard for Access to Source Code is attached.
 

District of Delaware Adopts Revised Default Standard for Discovery, Including Electronically Stored Information

On December 8, 2011, the United States District Court for the District of Delaware adopted a "Default Standard for Discovery, Including Discovery of Electronically Stored Information (“ESI”)". Among other things, the revised Default Standard specifies certain information that must be included in the parties’ initial disclosures and, in patent cases, also sets deadlines for the following:  (1) plaintiffs to identify the accused product(s) and the asserted patent(s) they allegedly infringe, and to produce the file history for each asserted patent, (2) defendants to produce to plaintiffs core technical documents related to the accused product(s) to plaintiffs, (3) plaintiffs to produce to defendants initial infringement contentions, and (4) defendants to produce to plaintiffs initial invalidity contentions.

A copy of the Default Standard in its entirety is attached.