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Barnes and Noble, Inc., et al v. Lsi Corporation

UNITED STATES DISTRICT COURT Northern District of California San Francisco Division


May 2, 2012

BARNES AND NOBLE, INC., ET AL.,
PLAINTIFFS,
v.
LSI CORPORATION, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Laurel Beeler United States Magistrate Judge

INTERIM ORDER REGARDING THE COURT OURT PARTIES' JOINT DISCOVERY LETTER DATED APRIL 9, 2012 Plaintiffs Barnes & Noble, Inc. and barnesandnoble.com LLC (collectively, "B&N") filed the 14 [Re: ECF No. 97]

instant action seeking a declaratory judgment of S non-infringement and patent invalidity against 18 defendants LSI Corporation and Agere Systems, Inc. (collectively, "Defendants"). Original 19 Complaint, ECF No. 1.*fn1 Defendants answered B&N's First Amended Complaint and brought counterclaims against B&N for patent infringement. Answer and Counterclaims, ECF No. 62. 21 On April 9, 2012, the parties filed a joint letter describing their fifth (so far) discovery dispute. 22 4/9/2012 Joint Letter, ECF No. 97. This time, the parties dispute whether Defendants may disclose 23 certain of B&N's confidential information to Defendants' chosen technical expert, Dr. Kevin Negus. 24 Id. at 1. 25 Upon review of the parties' joint letter and the attached documents, the court sees fit to order 26 27 further action. Specifically, the court orders the following: 2 1. Defendants shall make a good faith attempt to assist Dr. Negus request a limited waiver of his 3 confidentiality obligations regarding the three unidentified engagements. 4 2. Should Dr. Negus be unable to obtain a such a waiver of his confidentiality obligations, the 5 parties shall file by May 25, 2012 a joint letter, not to exceed 2 pages, that summarizes the 6 parties' positions and sets forth each parties' proposed compromise. 7 3. In preparing the joint letter, the parties' lead counsel (Charlene M. Morrow for Defendants, and 8 John B. Quinn for B&N) shall meet and confer in person. Lead counsel may meet and confer via 9 email or telephone to choose a location for their in-person meet and confer. 10 4. In addition to the joint letter, Defendants and/or Dr. Negus shall submit for in camera review the 11 identities of the entities involved with the three unidentified engagements, and B&N shall submit 12 for in camera review a list of its competitors and/or potential competitors.

The Court then will review the parties' two-page joint letter and determine whether future proceedings are necessary. This kind of conflict issue can be resolved easily in a way that protects each party's confidentiality concerns. 16 IT IS SO ORDERED.


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