Justia Patents Opinion SummariesArticles Posted in US Court of Appeals for the District of Columbia Circuit
Fraunhofer-Gesellschaft Zur Forderung Der Angewand v. Sirius XM Radio Inc.
Fraunhofer-Gesellschaft zur Förderung der angewandten Forschung E.V. (“Fraunhofer”) initiated a patent infringements lawsuit against Sirius XM Radio Inc. (“Sirius XM”) in district court. After filing suit, Fraunhofer subpoenaed Sirius XM’s former Chief Marketing Officer, Appellant, for a deposition. When Appellant failed to appear for her deposition, the parties filed motions to address the situation. The district court denied Appellant’s motion to quash the subpoena, ordered her to sit for her deposition, found her in contempt for defying the subpoena, and expressed an intent to award sanctions. Appellant sat for her deposition, and then, before any judgment had been issued on sanctions, she appealed the orders against her. Before the DC Circuit, Appellant argued that the district court abused its discretion in compelling her deposition, finding her in contempt, and expressing an intent to award sanctions. The DC Circuit dismissed the appeal for want of jurisdiction. The court reasoned that Appellant’s challenge to the district court’s order compelling her deposition is moot because her deposition testimony has been given. Appellant’s challenges to the district court’s contempt finding and intent to award sanctions raise matters relating to a discovery proceeding ancillary to a patent suit which are within the exclusive jurisdiction of the United States Court of Appeals for the Federal Circuit. View "Fraunhofer-Gesellschaft Zur Forderung Der Angewand v. Sirius XM Radio Inc." on Justia Law