In a new discovery matter, Motorola filed a motion to compel document production and deposition from Nuance Communications, Inc. yesterday relating to their patent infringement case against Apple regarding patent 7,243,072 titled "Providing assistance to a subscriber device over a network. Motorola seeks to depose Nuance. Their motion states that "The information that Motorola seeks from Nuance is narrowly focused and important to the pending Florida action." Yet Nuance refuses to comply stating that the discovery is irrelevant.
Motorola's motion in part reads as follows: Pursuant to Local Rules 7.1(a)(2) and 37.1(b), counsel for Motorola reasonably and in good faith conferred with Nuance's counsel in an effort to resolve or narrow the present discovery dispute, but were unable to reach an agreement. Specifically, Motorola's counsel, Regan N. Kruse, spoke on the telephone with Nuance's in-house counsel, David Greenbaum, on November 27, 2013, who stated that Nuance objects to the subpoena and declined to provide alternative dates for a deposition.
In addition, on December 10, 2013, Nuance/Apple's counsel, Anish Desai, emailed Motorola's counsel, Edward M. Mullins, stating that Nuance would not produce the requested documents or a witness on the deposition topics. Also that day, counsel for Motorola, Edward M. Mullins and Regan N. Kruse, and Nuance/Apple's counsel, Anish Desai and Brian Ferguson, participated in a telephone conference in which Nuance/Apple's counsel reiterated that it considered all the discovery irrelevant and therefore would not produce any documents or produce a witness for testimony.
Motorola further noted that "There is no justification for Nuance to fail to comply with the subpoena. The subpoena allowed ample time for Nuance to respond, was properly served, is not overly broad, and seeks relevant information."
By the very nature of Motorola's patent noted above, it would appear that Apple's Siri is at the heart of this matter and why Motorola seeks to depose Nuance on their background technology related to Siri.
Back in April, the Judge in this case postponed a Markman hearing and ordered Motorola and Apple to clean up their own mess: "The Court expects that the parties will use this time to narrow the case to a manageable scope themselves. If the parties cannot make this case manageable, the Court forewarns them that it intends to stay the litigation while the Markman issues are pending and issue a decision as expeditiously as the parties deserve."
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