Princeton Digital Image Corp. v. Konami Digital Entertainment Inc., et al., C.A. No. 12-1461-LPS-CJB, August 31, 2016.
Burke, M. J. Plaintiff’s motion to compel discovery is denied. Argument took place on August 25, 2016.
Plaintiff seeks core technical documents regarding certain accused products that are in the possession of defendant’s foreign affiliates. He court finds that plaintiff has not demonstrated defendant’s control over the documents in the possession of the foreign affiliates such that the U.S. defendant should be required to produce them. Very little evidence about the relationship between the companies was provided. The foreign affiliates have different presidents, separate Boards of Directors, and the US company does not have access to or authority to direct the foreign entity to turn over its documents. There is furthermore no record that employees of the foreign entities are directing this litigation. This does not foreclose plaintiff from obtaining the evidence by other means, i.e. either through a renewed motion with a more developed record or through the Hague Convention.