A Blog About Intellectual Property Litigation and the District of Delaware

Entries for tag: Confidential Information

Ashin K Suresh, Unsplash

Yesterday, Special Master Gregory B. Williams issued an order in TQ Delta, LLC v. Dish Network Corp., C.A. No. 16-614-RGA (D. Del.) requiring the plaintiff to turn over unredacted copies of its expert reports, declarations, and testimony from prior cases. These materials contain the confidential information—possibly even source code—of prior defendants.

As set forth by the Special Master, this information is relevant to the plaintiff's current cases, because it involves related patents with similar issues:

[T]he Prior Litigation Materials are relevant to the claims and defenses in the present action. Specifically, [the expert] Dr. Madisetti's prior opinions concern other "phase scrambling" patents in the same patent family as the '158 and …

Lock Boxes
Tim Evans, Unsplash

The District of Delaware today issued guidance on the submission of "highly sensitive documents" today, following the recent breaches of government computer systems by malicious intruders. Similar orders have been issued across the country.

The procedures indicate that parties must file a motion for a document to be treated as including highly sensitive information, and the motion must be granted before the procedures are used. Once granted, the documents must be submitted in paper or via a secure drive.

Luckily, these new procedures address only a sub-category of sealed information, and do not impact current procedures other than for documents with highly sensitive information. Highly sensitive information is defined as follows:

HSI generally refers …