Litton,
I find it disturbing that Payne ruled Plaintiff's request for "Any documents not already produced that evidence, reflect or relate to TM's awareness of the '923 patent before the filing date of the lawsuit" was ruled as overboard and untimely. Clearly TM did not produce all their documents even though they may be emails from CLYW. ANYTHING TM knew of the 923 is important and ANY internal documents relating to 923 could show a wealth of information, intent, ideas, discussions of how great an idea, how they could 'work around' the 923, how to bill for the off load or switching, etc.
