Dolby Objects to LG's Discovery Request in Support of its TRO/PI Motion

Dolby objects to LG’s “late-breaking request” for discovery in support of its motion for a 14-day temporary restraining order and preliminary injunction against Dolby, attorney William Michael of Paul Weiss wrote U.S. District Judge Paul Crotty of Manhattan Tuesday. LG alleges Dolby violated the Sherman Antitrust Act and unfair-competition laws by reneging on commitments Dolby made to ATSC to license its AC-4 audio codec patents for NextGenTV on fair, reasonable and nondiscriminatory terms (see 2201090001). With so many redactions in LG’s memorandum of law in support of its TRO/PI, it’s virtually impossible for the public to identify the allegedly harmful Dolby conduct that LG is asking the court to enjoin. Dolby’s response to LG’s TRO/PI motion is due Monday. “At no point before last Friday” did LG even raise the possibility of seeking discovery on its motion, said Michael. “Now, on the eve of Dolby filing its opposition,” LG “all of a sudden thinks discovery is necessary,” he said. “Perhaps in the intervening month” since LG filed for the TRO/PI, its “confidence in its motion has wavered,” he said. “Whatever the motivation behind its request, the Court should not even consider it at this stage.” LG “has never provided any details about the discovery it wants to take, on what timeline it would occur,” or why it waited until now “to even raise the topic,” he said. LG attorneys didn’t comment.