Wednesday, October 14, 2009

Dearth of Qualified Experts Does Not Warrant Disclosure of CAD Files to Competitors' Consultant

Plaintiff's motion to allow disclosure of defendant's highly confidential CAD files to its expert was denied. "The court recognizes that most of the potential experts [plaintiff] contacted were not only reluctant to take a position in opposition to [defendant], but actually hoped to get work from [defendant]. Nevertheless, the extreme sensitivity of the [CAD] files raises heightened concerns of inadvertent disclosure to competitors that may not be protected adequately by the [protective order]. . . . [T]he court finds that the risk of inadvertent disclosure outweighs [plaintiff's] need to show the [CAD] files to [its expert] at this time. [Plaintiff's expert] acknowledges that he currently does consulting work for two [of defendant's] competitors, and he is likely to consult with other competitors in the future. . . ."

Saso Golf, Inc. v. Nike, Inc., 1-08-cv-01110
(ILND October 5, 2009, Memorandum Opinion & Order) (Nolan, J.)

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