Judge Allows Last Brand CEO Testimony, Rejects Deckers' Motion to Exclude Patent Apostilles

U.S. District Judge Araceli Martínez-Olguína ruled that Last Brand, also known as Quince, acted diligently in obtaining apostille packets for its Chinese patents after Deckers signaled it would challenge their authenticity, meaning the documents should not be barred under Federal Rule of Civil Procedure 37(c)(1).

Deckers had moved to exclude 13 apostille packets because Last Brand produced them after fact and expert discovery had closed, arguing the delay was neither justified nor harmless.

The court found Last Brand produced the underlying Chinese patents during fact discovery and promptly engaged Chinese counsel to secure the apostilles once it realized Deckers intended to contest authentication.

Judge Martínez-Olguína noted that Deckers did not actually dispute the authenticity of the patents themselves, arguing only that the authenticating documents were produced outside the discovery window.

"Even if a party fails to authenticate a document properly or to lay a proper foundation, the opposing party is not acting in good faith in raising such an objection if the party nevertheless knows that the document is authentic," the judge wrote, citing Seventh Circuit precedent.

In a separate ruling, the judge denied Last Brand’s motion to quash a trial subpoena for CEO Siddhartha Gupta, rejecting arguments that the apex doctrine or undue burden rules protected him from testifying.

Last Brand argued Gupta lacked unique knowledge and that his testimony would cause unfair prejudice, but the court pointed out that Gupta had already served as a Rule 30(b)(6) corporate designee multiple times, testifying on sourcing, vendor relationships, and the design of the accused products.

Deckers also deposed Gupta in his individual capacity without objection, and the court found no basis to shield him now, noting his expected testimony would last only one hour.

Deckers, the Santa Barbara-based company behind the Ugg brand, has been locked in a protracted intellectual property dispute with Last Brand, which sells footwear under the Quince label.

The judge vacated hearings scheduled for May 27, 2026, after deeming the motions suitable for decision on the briefs.

Deckers is represented by attorneys from Finnegan, Henderson, Farabow, Garrett & Dunner LLP and other firms. Last Brand is represented by counsel from Quinn Emanuel Urquhart & Sullivan LLP.