In a recent Memorandum Order, Judge Sue L. Robinson granted defendant’s motion for costs. Quest Integrity USA, LLC v. Cokebusters USA, Inc., C.A. No. 14-1483-SLR (D. Del. Mar. 28, 2017). Defendant had issued a subpoena to a third party after plaintiff indicated that it did not have documents related to a particular issue. Id. at 1. Plaintiff responded to the subpoena by filing a motion to quash on the ground that the subpoena was “overbroad, asked for irrelevant materials, and placed a burden on plaintiff by having to review additional [third-party] documents.” Id. Rather than respond plaintiff, defendant moved to compel the third party. Id. Judge Robinson found that because plaintiff had no standing to file the motion to quash, defendant was entitled to costs associated with its motion to compel. Id. at 2. However, because defendant did not provide the court a basis for its costs and because plaintiff made the “reasonable decision to withdraw its motion to quash” after defendant filed its motion to compel, Judge Robinson granted defendant less than total costs it requested. Id. at 2-3.
In the same Memorandum Order, Judge Robinson granted defendant’s motion for leave to amend its affirmative defenses related to FRAND licensing. Id. at 2-4. Judge Robinson noted, however, that “[t]he court is concerned . . . about the addition of such a complex issue to an already complicated, aggressively litigated case, whether the issue of FRAND licensing be directed to defendant’s equitable defenses to be tried to the court or its damages theories to be tried to the jury.” Id. at 3. Accordingly, Judge Robinson ruled that “damages and defendant’s equitable defenses shall be tried separately from the liability trial.” Id. at 3-4.