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.”

One Comment

  • The Magistrated ordered documents to be bates numbered. How do you bates number native files? Isn’t this changing the original metadata?

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