Flatworld Interactives LLC v. Apple, Inc., No. 3:12-01956-JSW-EDL (N.D. Cal. April 22, 2013) (Dkt. No. 111).
The Flatworld court ordered Apple to produce documents relating to royalty claims in cases where Apple was asserting its patents. The case is a classic example of the bind created when parties both assert and defend reasonable royalty claims. Now, Apple will need to resist the admission of its own reasonable royalty rates based on comparability and prejudice.
The court granted Flatworld’s motion to compel Apple to produce documents (including trial transcripts and exhibits) relating to Apple’s reasonable royalty claims when asserting its patents in other litigations, in particular the Apple v. Samsung and Apple v. Motorola cases. Id. at *1.