On November 15, 2013, Judge Godbey issued an Order (available here) resolving various motions for summary judgment in MobileMedia v. Blackbery. Judge Godbey granted summary judgment of non-infringement with respect to three patents-in-suit.
MobileMedia also moved for summary on various RIM affirmative defenses. Judge Godbey found that Blackberry, in response to MobileMedia’s contention interrogatory concerning affirmative defenses, had simply recited the elements of the affirmative defneses without any actual factual content (a 30(b)(6) deposition on the same topic did not provide significant further benefit). But, in response to the summary judgment motion, “Blackberry identified extensive facts not previously disclosed in discovery[.]” Judge Godbey sustained MobileMedia’s objection to this new evidence, and granted summary judgment in MobileMedia’s favor on the affirmative defenses:
MMI objected to this new evidence on the basis that it was never disclosed in discovery. This is precisely the vice that Fed. R. Civ. P. 37(c)(1) attempts to prevent. The Court sustains MMI’s objection to BlackBerry’s summary judgment evidence not previously disclosed in discovery. The Court finds that BlackBerry thus fails to raise sufficient evidence on its affirmative defenses to go to the jury, and therefore grants MMI’s motion for partial summary judgment on BlackBerry’s affirmative defenses.