Magistrate Judge Thynge: Order Regarding Source Code Dispute
Magistrate Judge Thynge recently resolved a source code dispute between MobileMedia Ideas LLC and Apple Inc. The dispute arose because Apple contended that because the patents-in-suit are systems patents, MobileMedia must identify accused products including both specific hardware devices and the specific versions of software they run. MobileMedia, on the other hand, contended that it need only identify the hardware products that it was accusing, which it had done in its original infringement contentions. MobileMedia Ideas LLC v. Apple Inc., C.A. No. 10-258-SLR/MPT, at 1 (D. Del. Apr. 11, 2012).
Apple produced what MobileMedia contended was a representative version of Apple’s iOS software and MobileMedia’s experts analyzed the source code. Apple later produced the source code for three other versions of the iOS software, and the Court noted that it would take MobileMedia considerable time and resources to review the additional source code and expert reports were fast approaching. The Court therefore granted MobileMedia’s proposed order which required Apple to identify any of the later-produced source code that it intended to rely on for determining liability. The Court also added this same requirement for MobileMedia, ordering that “[s]hould [MobileMedia] rely on that Apple Source Code for the purposes of determining liability of that accused functionality, it shall provide a supplemental opinion to Apple limited to that Apple Source Code from its previously identified expert(s) including the bases and reasons for that opinion consistent with Fed. R. Civ. P. 26(2)(B).” Id. at 4.