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Ultratech, Inc. v. Tamarack Scientific Co.

January 5, 2005

ULTRATECH, INC, ET AL., PLAINTIFFS,
v.
TAMARACK SCIENTIFIC CO., ET AL., DEFENDANTS.



The opinion of the court was delivered by: James Larson United States Magistrate Judge

ORDER GRANTING IN PART TAMARACK'S MOTION TO COMPEL (Docket # 377)

Discovery Cut-Off 1-14-2005

Introduction

The Court received the Joint Statement of Parties Regarding Tamarack's Request for Supplemental Responses and Responsive Documents. There is no indication in the statement of any efforts to meet and confer, although the parties represented at the hearing on this motion that they did informally attempt to resolve their dispute.

Tamarack's Interrogatory No. 25

Tamarack asks the Court to overrule Ultratech's objections and order Ultratech to provide a full and complete response to Tamaracks' Interrogatory No. 25 of its Third Set of Interrogatories, which asks Ultratech to:

"State all facts supporting any contention you may have that you did not engage in inequitable conduct during the prosecution of the '813 patent-in-suit by way of example only, all the facts regarding:

* what Ultratech's relationship with IBM was like;

* how non-disclosure agreement were viewed by Mr. Markle [the patentee] and others, particularly non-disclosure agreements from IBM;

* Mr. Markle's experience in applying for other patents;

* Mr. Markle's views on being truthful before the Patent and Trademark Office;

* what IBM's 1990 RFQ called for;

* what Mr. Markle understood the 1990 RFQ to be contemplating;

* why the 1990 RFQ was not on Mr. Markle's mind when Ultratech was applying ...


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