Big Baboon Corp. v. Dell, Inc.

MEMORANDUM DECISION AND ORDER GRANTING IN PART AND DENYING IN PART AMAZON’S MOTION TO COMPEL [DOCKET NO. 250]

On May 26, 2010, Defendant Amazon.com, Inc. (“Amazon”) filed a “Motion To Compel Adequate Infringement Contentions Claims Charts From Plaintiff Big Baboon In Response to Amazon’s Interrogatory No. 2” (the “Motion to Compel”). The Motion to Compel seeks an order compelling Plaintiff Big Baboon Corporation (“Big Baboon”) to produce more detailed infringement charts. The parties submitted a Joint Stipulation (“Jt. Stip.”) in connection with the Motion to Compel. On June 8, 2010, Big Baboon and Amazon filed separate Supplemental Memoranda (“Big Baboon Supp. Memo.” and “Amazon Supp. Memo.,” respectively). On June 22, 2010, the Court held a hearing on the Motion to Compel. For the reasons stated below, the Motion to Compel is GRANTED in part and DENIED in part.

I. BACKGROUND OF DISCOVERY DISPUTE

A. Amazon’s Contentions

The Motion to Compel concerns Amazon’s Interrogatory No. 2. Interrogatory No. 2 states:

(Jt. Stip. at 7). Amazon asserts that this interrogatory seeks infringement claims charts that set forth Big Baboon’s infringement theory by showing where each element of…