Apple Inc. v. Samsung Elec. Co. Ltd., No. 12-CV-00630-LHK (PSG), 2013 WL 3246094 (N.D. Cal. June 26, 2013).
In the ongoing battle between Apple and Samsung, a magistrate judge concluded documents were discoverable regarding Apple’s damages theories in an earlier case where Apple was a defendant. The judge cited Rule 26(b) even though the technological nexus test was not met. Id. at *21-22.
Samsung moved to compel Apple to produce documents from another case, arguing Apple’s damages theories in a prior case were relevant to damages in the current case. Id. at *21.
The court decided the request met the standard for relevance under Rule 26(b). Id. at *22. The requested information might lead to admissible evidence. In addition, Apple’s positions regarding the demand for the accused feature and the effect on Apple’s profitability would aid Samsung in preparing its damages theories. Id.
While not all documents from the prior case were relevant and discoverable because the technological nexus test was not met, documents relating to Apple’s damages theories were discoverable under Rule 26(b.) Apple would be required to produce them. Id. at *22.