Nazomi Communications Inc v. Samsung Telecommunications Inc et al, 5-10-cv-05545 (CAND June 1, 2012, Order) (Whyte, J.).
Wednesday, June 6, 2012
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."