In-House Technology Acquisition and Litigation Counsel Precluded from Accessing Defendant’s Confidential Technology

The court denied plaintiff's request for its in-house attorney to have access to defendants' confidential information under the parties' proposed protective order. "Defendants . . . submit that while Plaintiff does not make any products, it is in the business of acquiring technology relating to heating, ventilation, and air conditioning; licensing products that compete with Defendants’ products; and litigating similar patents. . . . Defendants further argue that if Plaintiff’s in-house counsel is given access to Defendants’ confidential information such as existing or future technology, Plaintiff could target its technology searches in areas practiced by Defendants and actively seek technology rights to assert against Defendants’ products. . . . The Court finds all of Defendants’ arguments logical and persuasive and will adopt Defendants’ position."

HVAC Modulation Technologies, LLC v. Lennox Industries, Inc., 0-12-cv-02529 (MND April 25, 2013, Order) (Graham, M.J.).