In Energy Mgmt. Collab., LLC v. Darwin Tech LLC,
8:22-cv-00952, 2024 U.S. Dist. Lexis 94477 (C.D. Ca. April 25,
2024), the Court issued a discovery ruling regarding the format of
an ESI production. Plaintiff, Energy Management Collaboration
(EMC), was the inventor of an Emergency Light Testing System and
contracted for Defendant, Darwin, to design and develop software
and hardware for the product. After the software and hardware were
developed, EMC alleged that Darwin refused to deliver the firmware
source code unless EMC agreed to retain Darwin to manufacture the
product. EMC sued Darwin in California District Court, alleging
breach of contract. During discovery, the parties disputed what
constituted Darwin's protectedintellectual property and what
was discoverable.
