Linear Group Services, LLC v. Attica Automation, No. 2:13-cv-10108-GAD-MKM, slip op. (E.D. Mich. July 31, 2013) (2013 WL 3944433).
An accused infringer’s attempts to block discovery of sales and volume forecasts proved unsuccessful when the district court in Linear Group Services decided the requested documents were relevant to damages and ordered their delivery.
Plaintiff filed suit seeking a declaratory judgment of non-infringement and invalidity. Defendant counterclaimed alleging infringement. Id. at 1-2.
Defendant asked for all sales and volume forecasts for the accused machines. Id. at 5. When Plaintiff objected, Defendant moved to compel Plaintiff to produce these relevant documents. Id. Relying on Rite-Hite, Hanson, and Georgia-Pacific, the district court agreed the discovery was relevant to the issue of damages and ordered the production. Id. at 5-6.
Defendant also sought to compel production of documents from Plaintiff that referred to one of Defendant’s machines. Relying on Georgia-Pacific, the district court agreed the requested documents were relevant to several Georgia-Pacific factors and the issue of whether the infringement was willful, and thereby ordered the production. Id. at 6.