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Judge Stark: Claim Construction; Request to Compel Withheld Documents DENIED

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In Xerox Corp. v. Google Inc., C.A. No. 10-136-LPS (D. Del. Aug. 1, 2011), Judge Stark construed five disputed claim terms and two disputed order-of-steps requirements. The construed claim terms were:

“Selected document content”
“Classification label”
“Categorizing the selected document content using the organized classification document content for assigning selected document content a classification label”
“Query”
“To restrict a search at the information retrieval system for information concerning the set of entities to the category of information in the information retrieval system identified by the assigned classification label”

Also, Judge Stark denied the defendants’ request to compel documents withheld by the plaintiff as privileged. The plaintiff had exchanged documents with a third-party patent licensing company and later withheld these documents, asserting a common interest privilege. Id. at 12-13. While the defendants argued that the plaintiff’s relationship with the third-party patent licensing company was “purely commercial, and, therefore, outside the scope of the common interest privilege[,]” Judge Stark noted that the third-party patent licensing company’s compensation from the plaintiff was based on a contingency fee. Id. This supported a finding that the plaintiff’s relationship was “an allied, uniform, agency relationship . . . sufficiently imbued with common legal interests in that it plainly relate[d] to litigation[,]” id. at 13., leading Judge Stark to deny the defendants’ request to compel the documents.


Xerox Corp. v. Google Inc., C.A. No. 10-136-LPS (D. Del. Aug. 1, 2011)

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