Paramount Pictures Corporation v. ReplayTV, Inc., Joint Stipulation ...

12345678910111213141516171819202122232425262728There is no call for production of documents for the Programming Guide or anyother feature since these features are not at issue in this suit. Moreover, becausemany of the “ features” and “ software” – including the Search and Record feature,Programming Guide or other on-screen menu – are not new to the ReplayTV 4000,but encompassed in prior PVRs, Plaintiffs’ requests would require a search of allfiles for products developed prior to the present device about which Plaintiffs havenever complained.Despite the obvious and vast overbreadth of these requests, Plaintiffs haverefused to narrow them in any way. The relief they now seek—an order compellingproduction of all documents encompassed in these requests—is untenable in lightof their intransigence in refusing to accept, or even suggest, reasonable limits.Moreover, as shown below, there is no justification for imposing the burden ofrequiring Defendants to conduct a room-to-room, computer-by-computer search foradditional documents that could have little, if any, utility in this suit.1. Defendants Agreed Three Months Ago To Produce Documents OnThe ReplayTV 4000 As Currently Manufactured.Plaintiffs’ representation that Defendants have “ refused to provide acomplete set of documents about the actual current capabilities of the ReplayTV4000” is incorrect. Defendants agreed to provide documents, including all forprincipally responsible persons or showing management decisions and instructions,regarding “ the development, technical design, conceptual design, testing, use,function and content of the ReplayTV 4000 and its Send Show, AutoSkip,PC Connectivity, Find Show and the programming guide features.” SeeDefendants’ Response to Request Nos. 4, 9 – 15. Defendants agreed in responsesto Paramount Request Nos. 5 and 6 to produce “ documents sufficient to showDefendants’ efforts to design, format or structure the ReplayTV 4000 to limit orprevent the copying, sending, or receipt of copyrighted programming for the23