Neothermia Corp. v. Rubicor Medical, Inc.

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION TO COMPEL AND FOR SANCTIONS; AND GRANTING IN PART AND DENYING IN PART PLAINTIFF’S MOTION TO COMPEL, FOR A PROTECTIVE ORDER, AND TO EXTEND DISCOVERY CUT-OFF (Docket Nos. 49, 53)

In this suit, Plaintiff Neothermia Corporation asserts against Defendant Rubicor Medical, Inc. claims for patent infringement and breach of a nondisclosure agreement. Neothermia alleges that Rubicor obtained proprietary information in the course of business negotiations and used and revealed the information in Rubicor’s own patent application. Neothermia has moved to compel production of documents pertaining to Rubicor’s product involved in the alleged infringement and breach. See Docket No. 53. Rubicor has objected, relying in part on' Neothermia’s purported failure to comply with California Code of Civil Procedure § 2019(d).. Rubicor has also filed its own discovery motion regarding a deposition. See Docket No. 49. The District Court referred both discovery motions to the undersigned for resolution. Having considered the parties’ motions and accompanying submissions, as well as the parties’ joint letter of November 3, 2004 and the oral…