Magistrate Judge Stark: Permissible discovery against defendant may be objectionable as to third party
In ITT Manufacturing Enterprises, Inc. v. Cellco Partnership (d/b/a Verizon Wireless), et al., C.A. 09-190-JJF-LPS (D. Del. Feb. 17, 2010), Judge Stark recently overruled the objections of defendant LG, ordering LG to produce to plaintiff ITT "all non-privileged discovery responsive to ITT's non-CDMA document requests and interrogatories that had previously been withheld on the grounds of lack of good faith factual basis," because the information was relevant to infringment clalims against LG, a manufacturer of phones that operate on CDMA and non-CDMA cellular networks. Id. at 2-3. ITT had also subpoened third party AT&T, operator of a non-CDMA cellular network, seeking the same discovery. Id. at 2. However, Judge Stark granted AT&T's motion to quash because AT&T was not a party and ITT had not alleged infringment of the patent-in-suit. Id. at 3. Moreover, the discovery may be available from LG or other defendants. Id.