Production of Source Code Limited to "Infringing Functions"

The court denied in part plaintiff’s motion to compel defendant to produce a complete copy of the source code included in each of its accused products, because plaintiff did not demonstrate need of such a broad production. However, the court granted plaintiff’s motion to compel the production of source code related to the allegedly infringing functions of defendant’s accused products. "[Plaintiff] has not demonstrated the necessity of ‘fully understand[ing] the operation of [defendant’s] products’ as opposed to understanding the portion [of defendant’s source code] that is covered by its infringement claims. Given the sensitivity of source code, the court is not inclined to order broad disclosure absent a more specific showing."

Nazomi Communications Inc v. Samsung Telecommunications Inc et al, 5-10-cv-05545 (CAND June 1, 2012, Order) (Whyte, J.).