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Broadsoft, Inc. v. Callwave Communication, LLC

United States District Court, D. Delaware

May 8, 2015

BROADSOFT, INC., Plaintiff,
v.
CALLWAVE COMMUNICATION, L.L.C., Defendant.

RULINGS AND RECOMMENDATIONS RELATIVE TO CALLWAVE'S REQUEST FOR BROADSOFT'S FINANCIAL INFORMATION

YVONNE TAKVORIAN SAVILLE, Special Master.

A hearing was held on April 27, 2015 on Callwave's Request for Additional Discovery Production. Specifically, Callwave requests that BroadSoft be ordered to provide complete and accurate financial information, as it maintains that BroadSoff's current production of revenue information consists largely of one spreadsheet without identifying the correlation of the numbers, with gaps in information. In the alternative, Callwave requests that BroadSoft certify the information does not exist.

At the time of the hearing, I required that Callwave identify in more detail the discovery deficiencies. On April 28, 2015, Callwave set forth requests for the following information:

1. Revenue attributable to the Accused Products back through 2009 (and identification of whether the provided information represents gross or net figures).
2. Pricing information related to the Accused Products, from 2009 to the present.
3. Number of users/subscribers/seats related to the Accused Products, from 2009 to the present.
4. Costs, recurring and/or fixed, related to offering the Accused Products, from 2009 to the present.
5. Marketing information identifying the value or benefit attributable to the accused functionality of the Accused Products, from 2009 to present.

In response to these requests, BroadSoft requested a clarification as to which discovery requests Callwave contends covered the five items set forth above.

On April 29, 2015, Callwave referred to the following discovery requests which they maintain addressed the damages related discovery deficiencies:

1. Collective Interrogatory 3 - "The sales volume and the gross dollar revenue for each Accused Product on a monthly basis from March 15, 2011 to the present... the cost of goods and services sold and all other direct and indirect costs (by line item) for each Accused Product, Identify each third party that has offered to sell or sold Your Accused Product form March 15, 2011 to the present;"
2. Individual Interrogatory 2 - "Identify on a customer-by-customer basis all unit sales, revenue, gross profit, net profit, profit margin, and costs (including costs of sales) for each month beginning July 8, 2008);"
3. Individual Interrogatory 5 - "Identify the pricing and pricing scale(s) for the Accused Products, and describe in detail the methodology and rational for setting the same;"
4. Collective RFP 12 - "All Documents and Communications relating to any sales or marketing information pertaining to the Accused Products, ...

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