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Nitride Semiconductors Co., Ltd. v. Rayvio Corporation
5:17-cv-02952
| N.D. Cal. | Dec 14, 2017
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Background

  • Nitride Semiconductors sued RayVio alleging infringement of U.S. Patent No. 6,861,270; fact discovery was ongoing and scheduled to close June 28, 2018.
  • Plaintiff served interrogatories requesting detailed technical descriptions of accused epitaxial processes/structures (Interrogs. 2, 3, 11) and full factual/legal bases for noninfringement and product-difference defenses (Interrogs. 7, 8, 10).
  • RayVio provided partial answers but objected that several interrogatories were premature contention interrogatories and that key terms require claim construction.
  • Claim-construction briefing was underway and certain key terms (e.g., “light-emitting layer,” “spatial fluctuation in the band gap”) were disputed and awaiting resolution by the District Judge.
  • Parties filed a joint statement; Plaintiff moved to compel more complete responses to Interrogatory Nos. 2, 3, 7, 8, 10, and 11.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether RayVio must now provide fuller responses to contention interrogatories (Nos. 7, 8, 10) Responses would supply basic facts about accused products and aid discovery now Interrogatories seek premature contentions/expert opinions before substantial discovery and claim construction Denied without prejudice — responses may be sought later in discovery
Whether RayVio must now provide detailed technical descriptions of accused epitaxial processes/structures (Nos. 2, 3, 11) Plaintiff needs these factual details now to clarify infringement issues Technical terms are subject to claim construction and document production/depositions are incomplete, making early answers of limited value Denied without prejudice — wait until claim construction/substantial discovery progress

Key Cases Cited

  • In re Convergent Techs. Sec. Litig., 108 F.R.D. 328 (N.D. Cal. 1985) (movant must show early contention interrogatory responses would meaningfully clarify issues, narrow dispute, enable early settlement, or expose basis for Rule 11/56 motion)
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Case Details

Case Name: Nitride Semiconductors Co., Ltd. v. Rayvio Corporation
Court Name: District Court, N.D. California
Date Published: Dec 14, 2017
Docket Number: 5:17-cv-02952
Court Abbreviation: N.D. Cal.