Recent MTel Decisions

There have recently been three decisions of note in the Mobile Telecommunications v. Blackberry patent infringement case. First, Judge Lynn granted Blackberry’s motion for leave to amend its infringement contentions (decision available here). Second, Judge Lynn issued a sixty-five page claim construction opinion (available here). Third, Magistrate Judge Toliver issued an order (available here) granting in part MTel’s motion to compel. Of note, Judge Toliver determined that MTel was not entitled to obtain certain prior litigation materials, as the patents-in-suit in such earlier litigations “are entirely different from the patents-in-suit [in the instant litigation] and do not concern the same or comparable functionalities as the patents-in-suit.” Judge Toliver also determined that a party need not seek leave of court to depose a corporate deponent under Rule 30(b)(6) for an additional time, so long as the new deposition topics are different from those previously noticed.