Case of the Day: Princeton Digital Image Corp., 2018 U.S. Dist. LEXIS 67485 (D. Del. Apr. 16, 2018)

Summary:

Plaintiff sued alleging patent infringement against several videogame companies, including a U.S. subsidiary of Konami, a Japanese corporation. In the course of the litigation, plaintiff requested documents from Konami Japan, affiliate of the defendant Konami US. (The two companies are owned by the same parent.) 

The court noted Konami Japan's legal department handles patent matters for Konami US based on power of attorney. Because there may be a plausible argument that Konami US had control over Konami Japan's document, the court ordered additional discovery on the relationship between the two firms.

Takeaway:

If you're counting, the court in this case orders discovery in order to determine whether discovery is appropriate. Turtles all the way down!