Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Tessera, Inc v. Sony Corp

October 1, 2012

TESSERA, INC., PLAINTIFF,
v.
SONY CORP.,
DEFENDANT.



The opinion of the court was delivered by: Howard R. Lloyd United States Magistrate Judge

E-filed: October 1, 2012*

NOT FOR CITATION

United States District Court

ORDER ON DDJRs 1-4, and MOTION TO STRIKE [Dkts. 53, 55, 60, 69, 71]

In this breach of contract case Plaintiff Tessera, Inc. ("Tessera") sues Defendant Sony Corporation ("Sony") for alleged failure to pay royalties under a Master License Agreement 19

("Agreement") and for breaching the covenant of good faith and fair dealing. The dispute arose 20 when Tessera arranged for Connor Group NV ("Auditor" or "Connor") to audit records of Sony that 21 bear on Sony's royalty obligations under the Agreement. The parties dispute the audit process and 22 its results. Tessera claims that the audit reveals underpayment of royalties under the Agreement and 23 that Sony withheld information from the Auditor. Sony counterclaims that Tessera breached the 24 implied covenant of good faith and fair dealing by causing to be prepared an audit report that is not 25 independent and then using the audit report as a basis to demand payment for more than it's entitled 26 to under the Agreement. 27

The parties bring to the Court four discovery disputes and a motion to strike. The Court addresses each in turn.

would depose five Sony witnesses. The Court found that the depositions of four of the five 5 witnesses should occur in Japan. As to the fifth witness, Mr. Tadashi Saito, the Court ordered Sony 6 to submit a declaration describing in detail Saito's knowledge of the events underlying this case. 7

Having reviewed Saito's declaration, the Court finds no basis for requiring Sony to submit him for a 8 deposition. 9

The parties did not submit a joint report for resolution of their second dispute. Instead, they made separate submissions, in violation of this Court's Standing Orders. Tessera moved to strike Sony's submission (Dkt. 60). Tessera's Motion to Strike is denied, but both parties are warned that 13 further noncompliance with this Court's Standing Orders may result in sanctions, including adverse 14 rulings on any further discovery disputes. 15 focuses on the following: 17 would consider "collecting and producing a negotiated subset of documents relating to the 21

1. Discovery Dispute Joint Report #1

The first discovery dispute submitted to this Court concerned whether and where Tessera

2.Tessera's Motion to Strike and Discovery Dispute "Joint" Report #2

Although Tessera requests a range of documents in its submission to the ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.