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Replies to post #51633 on UnifiedOnline Inc fka UOIP
CB Capital was retained to provide for Unified Online’s purchase of ChanBond. The withheld documents were either reviewed and input into that or reviewed and excluded from that Either way, the documents were disclosed by ChanBond to a potential acquirer – Unified Online – and their accountants at CB Capital, thus waiving any privilege. And, even if CB Capital was a “non-testifying expert,” as ChanBond has previously maintained, it is irrelevant because they were retained by Unified Online, a non-party to the litigation. D.I. 257, Ex. 1 at 3; see Acceleration Bay, 2018 WL 798731, at *1.
III. Additional Depositions
Following the June 13 discovery conference, ChanBond waited until the last day of fact discovery, July 6, to make its required production. The new documents contain detailed valuations of the asserted patents, admissions regarding the crowded nature of the field, and relative value of the invention. See Ex. 9 (CHANBOND_014383-84); Ex. 10 (CBCAP_003192); Ex. 11 (CHANBOND_014764). And the documents identify additional technologies that supposedly fall within the scope of the asserted patents, expanding the scope of relevant prior art and suggesting that the parties’ patent valuations need to be allocated as between the accused technology and other allegedly infringing technology. See Ex. 12 (CHANBOND_014382); Ex. 9 (CHANBOND_014383-84); Ex. 11 (CHANBOND_014764); Ex. 13 (CHANBOND_015061). The documents also provide detailed synopses of
See
Ex. 14 (CHANBOND_014138).
Upon receiving these new documents, Defendants reached out to ChanBond to seek a limited amount of deposition time with three witnesses. ChanBond refused to make any of those witnesses available, even though it was ChanBond who made the late productions. Defendants simply request a reasonable opportunity to follow-up on any produced documents and newly obtained information. Defendants have previously proposed, assuming expedient production and cooperating witnesses, this follow-up could be completed by the end of August.
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