Intellectual Property Law

Special Master: Vincent J. Poppiti: Discovery Dispute over Production of Worldwide Sales Information

By Karen E. Keller, Andrew A. Lundgren et al.

Special Master Poppiti ordered defendant Chi Mei Optoelectronics Corporation to produce its worldwide sales data and technical information because such information is relevant to: "(i) inducing infringement liability; (ii) determining direct infringers; (iii) commercial success; and (iv) a reasonable royalty determination." Apeldyn Corporation v. AU Optronics Corporation et al., C.A. No. 08-568-SLR, Special Master's Report and Recommendation Regarding CMO's Production of Worldwide Sales and Technical Information for All VA Mode Products, at 2 (D. Del. Apr. 12, 2010). The Special Master further found that Chi Mei must produce the information with the following data fields: "date, customer, product, quantity, price and shipping destination." Id. This discovery was not limited to products known by the defendant to enter the United States, but instead covers all worldwide sales, regardless of whether the defendant knows where its products are going. Id. Defendant Chi Mei was required to produce this data starting 6 years prior to the filing of the Complaint to the present because such data could be instructive on such issues as commercial success. Id. Finally, Special Master Poppiti noted that he does not believe the law regarding inducing infringement has become "more restrictive" as argued by defendant Chi Mei, and the scope of such liability will not "dictate the scope of discovery." Id. at 3-4.

Apeldyn Corporation v. AU Optronics Corporation et al., C.A. No. 08-568-SLR, Special Master's Report and Recommendation Regarding CMO's Production of Worldwide Sales and Technical Information for All VA Mode Products (D. Del. Apr. 12, 2010).

Full post as published by Delaware IP Law Blog on May 05, 2010 (boomark / email).