December 10, 2013
EON CORP. IP HOLDINGS LLC, Plaintiff,
FLO TV INCORPORATED, et al., Defendants.
RICHARD G. ANDREWS, District Judge.
The Special Master has issued a "Rulings and Recommendations" (D.I. 605), to which objections have been taken. (D.I. 613, 614, 715, 717). The Special Master's decisions are subject to de novo review.
All objections are overruled. The Plaintiffs objections do not discuss the Special Master's Pennypack analysis. I agree with, and therefore adopt, the Special Master's Pennypack analysis.
The Defendants' objections are also not well taken. Their main claim is surprise and prejudice from not being able to do third-party discovery from Facebook and Twitter. I cannot fully evaluate the prejudice claim, but I believe there is sufficient time for Defendants to conduct third-party discovery from Facebook and Twitter. I therefore permit them to conduct such discovery, and direct that they undertake such discovery expeditiously.
The Special Master's Rulings and Recommendations (D.I. 605) are thus ADOPTED as the rulings of the Court, and the pending motions (D.I. 599, 600) which it addresses are RESOLVED as indicated therein.