`
`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA
`
`CIVIL LAW AND MOTION MINUTE ORDER
`
`Judge: DONNA M. RYU
`Time: 1:45-2:07
`Date: 2/23/2023
`Case No.: 3:20-cv-06754-WHA Case Name: Google LLC v. Sonos, Inc.
`
`
`
`For Plaintiff:
`James Judah
`Nima Hefazi
`
`For Defendant:
`Cole Richter
`
`Deputy Clerk: Ivy Lerma Garcia
`
`
`
`
`
`Recorded in Zoom: 1:45-2:07
`
`PROCEEDINGS HELD BY ZOOM VIDEOCONFERENCE
`
`1. Joint Discovery Letter Briefs [Documents 456 and 471], Sonos’s motion to strike “new
`theories” disclosed in supplemental discovery responses served on the last day of
`discovery:
`
`Interrogatory No. 19: As stated on the record, by serving a supplemental response on the
`last day of discovery that disclosed new information, Google prejudiced Sonos’ ability to
`take discovery on its unclean hands defense based on Sonos’s conduct with third
`parties. This prejudice can be remedied through additional discovery. Therefore, the
`motion to strike the unclean hands defense is denied. Sonos is granted leave to take a
`two-hour Rule 30(b)(6) deposition of Google on the subject of its unclean hands defense
`based on Sonos’s use of jointly-developed information/technology with third parties, plus
`a two-hour deposition of either John Evans or Paul Joyce (Sonos may choose which
`witness) on the same subject.
`
`
`
`
`
`
`
`Interrogatory No. 20: For the reasons stated on the record, Sonos’s motion to strike
`Google’s supplemental response to Interrogatory No. 20 regarding secondary
`considerations of non-obviousness is denied.
`
`Order to be prepared by:
`( )
`Plaintiff
`
`
`cc: Chambers
`
`( )
`
`Defendant
`
`
`
`( )
`
`Court
`
`
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