December 7, 2022

A movement filed Monday by the California Institute of Know-how (Caltech) requested for a court docket order compelling Broadcom Corp. and Broadcom Inc. (collectively, Broadcom) to supply paperwork requested in subpoenas served in an Jap District of Texas patent swimsuit in opposition to Samsung Electronics Co. Ltd. Caltech’s movement argues that Broadcom’s declare preclusion contentions regarding different litigation the 2 are concerned in are meritless.

The four-patent Texas case in opposition to Samsung issues its alleged copying of mental property belonging to Caltech and referring to “a category of error correction codes,” that “can be utilized to appropriate errors in transmissions that happen over a wi-fi communications channel, equivalent to Wi-Fi.” 

The current submitting claims that Caltech wants “straightforwardly related discovery concerning Wi-Fi chips that [Broadcom] offered to Samsung.” In help of relevancy, Caltech says that Samsung recognized sure Broadcom chips as performing a related performance within the accused infringing merchandise, and as such, details about the operation of the chips is probative to its case. 

But, the plaintiff claims that Broadcom has resisted its discovery efforts. Particularly, the movement asserts that Broadcom’s declare preclusion argument just isn’t an acceptable foundation to withstand discovery.

Broadcom’s rivalry is grounded in a high-profile patent motion by Caltech in opposition to Apple and Broadcom. Earlier this yr, the Federal Circuit upheld a jury’s verdict of infringement, however vacated the damages award and remanded for a brand new trial on that concern. Caltech notes that it filed a petition for a writ of certiorari and claims that there’s not but a remaining judgment on legal responsibility as a brand new trial will solely proceed after subsequent June.

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As well as, Caltech asserts that Broadcom neither raises an argument as to burden nor may it, “given the clear nature of Caltech’s requests and that Broadcom has gathered comparable discovery for an additional motion.”

Caltech’s motion in opposition to Broadcom is continuing in San Jose, Calif. and Caltech is represented by Susman Godfrey LLP.