Alivecor, Inc. v. Apple, Inc.

Good Law
United States District Court, Northern District of CaliforniaFebruary 23, 20234:21-cv-03958California1,299 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ALIVECOR, INC., Case No. 21-cv-03958-JSW

Plaintiff,

ORDER DENYING MOTION FOR

v. RELIEF FROM NON-DISPOSITIVE

ORDER

APPLE, INC., Re: Dkt. No. 140 Defendant.

12 This matter comes before the Court upon consideration of Defendant’s motion for relief from a non-dispositive discovery order. The Court has considered the parties’ papers, relevant legal authority, and the record in this case, and it DENIES Defendant’s motion. BACKROUND This dispute arises out of the parties’ decision to utilize technology-assisted review (“TAR”) to locate and produce ESI material in response to requests for production. In brief, TAR is a method by which an algorithm is created to “enable [a] computer to determine relevance, based on interaction with (i.e., training by) a human reviewer” to search for and produce ESI based discovery. DaSilva Moore v. Publicis Groupe, 287 F.R.D. 182, 184 (S.D.N.Y. 2012); see also Timothy…

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