Last week, Judge Robinson denied a Rule 56(d) motion by Acceleron in Acceleron, LLC. v. Hewlett-Packard Co., C.A. No. 10-128-SLR (D. Del. Dec. 16, 2010). Faced with a motion for summary judgment of non-infringement, Acceleron sought additional discovery under Rule 56(d) to support its contributory infringement and inducement claims. Acceleron had previously sought the same information, but had agreed to narrow the requests after HP protested and the Court determined that the requests were too broad. Since then, fact discovery has closed, and HP brought a summary judgment motion based on the lack of evidence for contributory infringement and inducement.
The Court denied Acceleron’s Rule 56(d) motion, stating that “the court previously determined that these discovery requests were too broad,” that “Acceleron [had] represented to the court that every outstanding discovery issue relevent to the instant motions was resolved,” and that “Acceleron has had ample opportunities to seek the discovery it requests, and it is inappropriate at this stage of the proceedings to reopen fact discovery.” Id. at 6-7.