Corning Optical Communications Wireless Ltd. v. Solid, Inc. et al., 5:14-cv-03750 (Magistrate Paul Grewal) (May 13, 2015)
It is common to have discovery disputes in patent litigation, and parties often resolve such disputes without the court's intervention. Often, but not always. After alleged repeated acts of inappropriate conduct by Plaintiff Corning's counsel in the above-captioned action, Defendants resorted to asking for a discovery referee, at Plaintiff's expense, to oversee all remaining depositions of Defendants' witnesses.
Defendants complained that opposing counsel "has berated witnesses, belittled witnesses for testifying in their native tongue, harassed witnesses with repetitive and argumentative questions when dissatisfied with their answers, thrown an exhibit across the room (and threatened to throw other exhibits) and boisterously laughed at witnesses."
Plaintiff, on the other hand, alleged that Defendants' witnesses were ill-prepared and unwilling or unable to answer questions.
In a short Order, Judge Grewal denied Defendants' request for a discovery referee, but ordered the remaining depositions to be held in the court's jury room. Perhaps with the Judge available nearby to resolve any disputes, the parties will be incentivized to litigate civilly without further disputes.
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