Autobytel Inc et al v Dealix Corp, No. 2:04-cv-00338 (E.D. Tex. Oct. 3, 2006)

From the Opinion

The passage below is extracted verbatim from the opening of the document. It has not been editorially summarized — consult the full opinion for the court's complete reasoning.

Before the Court is Autobytel’s Motion to Compel (Docket No. 183). After considering the parties’ written submissions and oral arguments, the motion is GRANTED in part and DENIED in part. BACKGROUND Autobytel brought suit for infringement of U.S. Patent No. 6,282,517 (“the ‘517 patent”) on September 24, 2004. Over a year after filing suit, Autobytel added a charge of willful infringement. On June 6, 2006, Dealix produced a non-infringement opinion (the “non-infringement opinion”) concerning the ‘517 patent prepared by Mr.