Judge Sees through Defendants’ Discovery Shenanigans in Cellspin cases

(December 8, 2021, San Francisco)  Today, Garteiser Honea nabbed another win against Defendants on behalf of their client Cellspin Soft, Inc.  Defendants had previously asked for specific documents that came up during a deposition, which requested documents, to avoid motion practice, Cellspin provided.  But after reviewing these documents, Defendants, led by the law firm of Desmarais LLP, attempted to use the pretext of an unrelated Court Order to preclude Cellspin from using the very documents Defendants demanded Cellspin produce. The Northern California Court saw through these shenanigans.  In denying the Defendants’ Motion, she expressly “DENIED” all three separate “reliefs” requested in capital letters: “DENIED.”  See the full order here.

Cellspin has been represented in these cases by the boutique IP trial law firm of Garteiser Honea.  With decades of experience handling IP matters, Garteiser Honea’s team is not deterred from going the distance in patent litigation.  To the contrary, they plan for it from the beginning of every case.  This is very different from the trendy landscape of scorched earth firms.  The Cellspin cases have been taking longer than most in order to assure proper results on the merits against these defendants who have not missed an opportunity to file motion after motion, but Cellspin’s counsel remains confident Cellspin will get its day in Court.  

Plaintiff Cellspin Soft, Inc. is here represented by Randall Garteiser, Christopher Honea, Scott Fuller, René Vazquez, and Peter Corcoran.

Defendants are represented as follows:  

  • Fitbit Inc., itself a part of Google, was primarily represented by Karim Z. Oussayef of Desmarais LLP’s New York office and John M. Desmarais of Desmarais LLP’s San Francisco office.   Also from Desmarais San Francisco is Ameet Modi; and Jamie Kringstein, Alan Kelvin, Jon Lewis from Desmarais NY; and Tuhin Ganguly from Desmarais DC.  Shane Brun joined from King & Spalding.  Neel Chatterchee, Rachel Walsh and Anjali Moorthy participated from Goodwin Procter LLP.

  • Fossil Group and Misfit were represented by Noel Chakkalakal, Rodeen Talebi, Ricardo Bonilla, David Conrad, Neil McNabnay, Dalia Kothari, and Theresa Marie Dawson from Fish & Richardson PC., joined by Ameet Modi, David Frey, Jamie Kringstein, Karim Oussayef and John Desmarais from Desmarais LLP.

  • Moov, Inc. was represented by King & Spalding’s Shane Brun.

  • Nike chose DLA Piper’s Richard Mulloy, Edward Sikorski, and Peter Maggiore to represent them.

  • Under Armour, Inc. was represented by Harkness, Dickey and Pierce’s Michael Kella, George Moustakas, Mochael Doerr, and Scott Barnett; joined by Vinay Vijay Joshi of Turocy & Watson LLP.

  • Garmin International, Inc. and Garmin USA, Inc. are represented in this case by Rachael Lamkin of Lamkin IP Defense.

  • Nikon Americas, Inc. and Nikon Inc. were represented by Morrison & Foerster LLP’s Yuka Teraguchi, assisted by Jack Londen, Jenny Liu, and Stephen Liu.