Summit 6 has sued RIM, Samsung, Multiply, Facebook, and Photbucket for patent infringement in the Northern District of Texas. On July 23, 2012, Magistrate Judge Toliver took up Summit 6’s request for additional deposition time to obtain discovery from RIM. Summit 6 had been given 30 hours to depose RIM, but, in response to Summit 6’s Rule 30(b)(6) notice, RIM designate five witnesses on a subset of the noticed topics, and expected to designate at least three more Rule 30(b)(6) witnesses. Summit 6 argued that RIM’s decision to designate so many witnesses had “effectively run” Summit 6 out of its 30 hours, and that Summit 6 could not have foreseen that RIM would designate so many witnesses. It requested 20 additional hours to take depositions.
In response, RIM argued that Summit 6 “cannot account for all of the time it has spent taking depositions from RIM’s witnesses, which it should be required to do in order to prove that it is entitled to additional time.” RIM further requested that, if Summit 6 was granted extra time, RIM be given four additional hours to use for deposition time and grant Summit 6 no more than 13 additional hours.
Judge Toliver found (opinion available here) that Summit 6 had:
[M]ade the showing necessary to overcome any concerns grounded in Rule 26(b)(2). In particular, the discovery sought is not unreasonably duplicative, as [Summit 6] points out that it will address the topics of prior art, licensing practices, non-infringing alternatives, the factual basis for RIM’s defenses, and facts related to RIM’s alleged infringement, none of which have been covered in the prior depositions. RIM has not suggested that this information is obtainable from some other source that is more convenient, less burdensome, or less expensive. Moreover, [Summit 6] has not had ample opportunity to obtain this information because RIM does not dispute that it has not yet designated the individuals who can testify to those topics. Indeed, RIM’s designation of numerous individuals (and more to come) in response to a single corporate deposition notice has hampered [Summit 6’s] ability to make the best use of its time. Finally, considering the magnitude of the case, the interests at issue, and the parties’ resources, the Court finds that the burden and expense of the proposed discovery do not outweigh the discovery’s likely benefit.
Judge Toliver ultimately allowed Summit 6 15 additional hours of deposition time, and denied RIM’s request for additional hours of deposition time.
Summit 6 is represented by Douglas Cawley, Ashley Moore, Bradley Caldwell, James Quigley, John Campbell, Kevin Burgess, Mitchell Sibley, Phillip Aurentz, and Theodore Stevenson, III, all of McKool Smith, P.C.
RIM is represented by Thomas Melsheimer, Bret Winterle, Carl Bruce, Michael Bittner, Robert Earle, Scott Thomas, and Thomas Reger, II, all of Fish & Richardson; Charles Everingham, IV, of Akin Gump Strauss Hauer & Feld LLP; and John Emerson, of Haynes & Boone LLP.
Samsung is represented by Brian Erickson, Andrew Valentine, Chang Kim, James Nelson, Krista Celentano, Mark Fowler, and Todd Patterson, all of DLA Piper LLP.
Multiply is represented by Eric Findlay and Brian Craft, both of Findlay Craft.
Facebook is represented by Deron Dacus, of The Dacus Firm, P.C.; and Christopher Nalevanko, Corey Manley, Gregg LoCascio, John Dubiansky, and Jonathan Brightbill, all of Kirkland & Ellis LLP.
Photbucket is represented by Dan Davison, Brandy Nolan, Miriam Quinn, and Richard Zembek, all of Fulbright & Jaworski.