Iridescent Networks, Inc. v. AT&T Inc. et al, 6-16-cv-01003 (TXED March 7, 2017, Order) (Love, MJ)
Thursday, March 9, 2017
Disclosure of Confidential Information to Competitor’s Product Designer Precluded
The court granted an intervenor's motion to preclude disclosure of the intervenor's confidential technical information to plaintiff's expert because the expert designed products for intervenor's competitor. "While the Court recognizes and appreciates the difficultly for Plaintiff in obtaining qualified experts, the risk of inadvertent disclosure that arises from [the expert's] ongoing design work for a competitor company outweighs that difficultly. Moreover, the difficulties here are alleviated by the fact that Plaintiff has another technical expert. . . . [Plaintiff's expert] is free to review [a defendant’s] confidential materials as there is no dispute over [his] review of those materials. The only exception of course is those documents produced by [the defendant] that contain [intervenor's] confidential information. In addition, the Court is willing to accommodate the special circumstances in providing testimony from the experts at trial."