Uniloc 2017 LLC v. Paychex, Inc. (D. Mass. 19-cv-11272).

Uniloc 2017 sued Paychex for allegedly infringing a pair of patents covering distribution of applications over a network.  In light of the COVID pandemic, Paychex sought to have all depositions taken remotely, with the sole exception that witnesses may have their attorney physically present.  Uniloc agreed that Paychex need not be physically present, but sought to have its own attorney on-site with the witness for each third-party witness and each Paychex witness.  Judge Stearns granted in part, determining that Uniloc may attend in person provided it takes appropriate COVID precautions and that the witness does not object.  He further granted Paychex’s request to take an additional three depositions over the ten allowed by local rule, due to the complexities of the ownership and assertion of the patents-in-suit by various entities and in furtherance of license and lack of standing defenses. 

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