Electronic Discovery Law
Defendant Ordered to Produce Documents in Native File Format and with Original Metadata
Nova Measuring Instruments Ltd. v. Nanometrics, Inc., 417 F. Supp. 2d 1121 (N.D. Cal. 2006)
Nova Measuring Instruments Ltd. ("Nova") filed a motion to compel production of documents pursuant to Patent L.R. 3-4 in this patent infringement matter adverse Nanometrics, Inc. ("Nano"). There was disagreement as to whether Nano was required to produce documents in native format with original metadata, and whether the documents produced are sufficient to show the operation of each aspect or element of the claims identified in Nova's Patent L.R. 3-1(c) chart.
Magistrate Judge Zimmerman found that Nano offered no reason why the documents should not be produced in native format (indeed, it had agreed to do so) and granted the motion to compel, requiring that Nano produce documents in native file format and with original metadata within fourteen days. He referenced the upholding of discovery orders requiring native format production with metadata from In re Verisign, 2004 WL 2445243 at *1 (N.D.Cal. Mar. 10, 2004) and also referenced In re Honeywell International, Inc., 230 F.R.D. 293, 296 (S.D.N.Y. 2003).
Magistrate Judge Zimmerman also ordered that the documents "shall be separately identified by Bates numbers to correspond to each aspect or element of each accused instrumentality identified in Nova's Patent L.R. 3-1(c) chart."
K&L Gates includes lawyers practicing out of more than 40 fully integrated offices located in North America, Europe, Asia, South America, and the Middle East, and represents numerous GLOBAL 500, FORTUNE 100, and FTSE 100 corporations, in addition to growth and middle market companies, entrepreneurs, capital market participants and public sector entities. For more information about K&L Gates or its locations and registrations, visit www.klgates.com.
Portions of this Web site may contain Attorney Advertising under the rules of some states. Prior results do not guarantee a similar outcome.
e-Discovery Analysis & Technology group at K&L Gates, offering services related to ediscovery, review of electronic documents, electronic discovery and electronic evidence discovery.
K&L Gates LLP
925 Fourth Avenue, Suite 2900, Seattle, Washington 98104-1158
p. 206.623.7580, f. 206.623.7022