Nova Measuring Instruments Ltd. v. Nanometrics, Inc.

THIRD DISCOVERY ORDER

Before the court is plaintiff Nova Measuring Instruments’ motion to compel defendant Nanometrics’ production of documents pursuant to Patent L.R. 3-4. The parties disagree (1) whether the documents produced must be in their native file format, with original metadata, and (2) whether the documents produced are sufficient to show the operation of each aspect or element of the claims identified in Nova’s Patent L.R. 3-l(c) chart. Based on the papers submitted by both parties, I have decided that there is no need for further argument. For the following reasons, Nova’s motion to compel is GRANTED.

As to the first issue, Nanometrics offers no reason why the documents should not be produced in their native format. Indeed, part of its opposition is that there is no need for this motion because it has agreed to do so. Opp. Memo. 2:20. Whether it has done so is less clear. So there is no confusion, if it has not already done so, it must produce the documents in their native file format, with original meta-data. See In re Verisign, 2004 WL 2445243 at *1 (N.D.Cal.2004)(upholding discovery orders requiring production of documents in native format with metadata as not…