To me winning in a patent litigation is like a chess game ,
whom ever had a better strategy & tactics at the beginning, will be the winner in this litigation battle. It seems DM has so far the better tactics.And i dont believe it is unfair
abuse of discovery process.
"Issuing overly broad or excessive discovery requests is a tactic frequently used in litigation to wear down an adversary -– requiring extensive research and document production to respond to discovery, taking needed resources away from other activities, increasing legal costs, and extending the length of the litigation."
In some court jurisdictions notorious for favoring plaintiffs, discovery requests may be handled inequitably so that defendants are required to comply with exhaustive plaintiff discovery inquiries while at the same time defendants may not be allowed to obtain even basic information about the individuals filing suit against them.
For contingency fee lawyers, unfair abuse of the discovery process can have multiple advantages: (1) as a trial is delayed and costs rise due to an extensive discovery burden placed on defendants, the defendant’s motivation to settle the case for a large sum increases; (2) broad requests for information that is at best only tangentially related to the litigation from a company’s files can lead company officials to settle rather than potentially release sensitive company information; and (3) a pervasive fishing expedition through a defendant’s files could turn up information which is ancillary to the current trial but which might facilitate further profitable litigation against the company.
From institute of legal research
