Discovery/Sanctions: Acacia Research Subsidiary Optimum Processing Solutions, L.L.C. Facing F.R.Civ. P. 37 Fees And Expenses From Atlanta Federal Court Discovery Dispute

 

Oops

     In Optimum Processing Solutions, L.L.C. v. Intel Corp., Civ. No. 1:09-cv-1098-TCB (N.D. Ga.) [Doc. 271 filed Sept. 14, 2012), District Judge Timothy C. Batten, Sr. has decided that Acacia Research subsidiary Optimum Processing Solutions, L.L.C. (OPS) will have to pay fees and expenses under F.R.Civ. P. 37 for Intel’s motion to compel respecting an inadequate document production in a patent prosecution case.

     The problem here was that OPS represented that there were no documents produced prior to a certain date relating to a particular licensing agreement, but these representations were not correct. The district judge found that there was no substantial justification for its actions, because it never explained why a folder by folder comparison was not made before production and why it made the representation without verifying from every employee that pertinent files were loaded in the repository. A further hearing was set on fees and expenses, if OPS and Intel cannot reach agreement on what is a reasonable amount to be awarded as discovery sanctions.