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

12345678910111213141516171819202122232425262728The Court should order Defendants to provide a full response to DocumentRequest No. 29 and Disney Interrogatory No. 15, including each of the threecategories of materials ((a) through (c)) just listed.C. Defendants’ Contentions Regarding The Requests At IssuePlaintiffs’ arguments read new obligations into Paramount DocumentRequest No. 29 and Disney Interrogatory No. 15. These requests originally soughtinformation regarding submission of the ReplayTV 4000 for “ competition, reviewor evaluation.” See Paramount Request No. 29. Defendants agreed on January 9 toprovide these documents, specifically “ the materials provided to third parties forcompetition, review or evaluation, including any scientific, technological,engineering, or artistic award or recognition.” See Defendants’ Response to No. 29.The response mirrored the language of the request. 70/Without ever seeing the documents, Plaintiffs now speculate that Defendantsare omitting two categories of documents, specifically (1) “ communicationsbetween Defendants and Macrovision,” and (2) “ submissions by Defendants tothird parties.” Communications with Macrovision was never discussed during themore than seven hours of meet and confer, or in any of the letters exchanged by theparties. The failure to meet and confer on this point is understandable since thesedocuments were never called for by Request No. 29 or Interrogatory No. 15, whichare limited to submissions about product reviews, awards, and competitions.Plaintiffs’ post-hoc attempt to cast an even wider request to capture“ communications” and “ internal deliberations” about Macrovision is overreaching.As for “ submissions to third parties,” Defendants agreed nearly three monthsago to produce the documents requested. Again without bothering to view theThese documents would also answer Interrogatory No. 15 as they wouldreflect each occasion in which Defendants submitted the ReplayTV 4000 forcompetition or review.70/90