In this case, the complainant (TELULAR CORPORATION) seeks a court order granted, to have its proposed expert access material that the defendant (VOX2) considers confidential information. Vox2 holds that, the proposed expert could not restrict himself from utilizing the confidential data, he would know from his (vox2) work, in his present job. The patent in question is that of an interface gadget that enables telephones to regulate the function ability of cellular transceiver. Though the proposed expert works in a communications firm that sells cellular telephones, he is not an employee of either of the conflicting parties or a firm viewed as a competitor to either of the conflicting parties in that industry.
Telular and Vox2 had executed a protective order regulating presentation of confidential data achieved in discovery to third parties. This protective order stipulated that confidential data may only be presented to proposed experts who in their view, are free of and not in service of the two parties or a firm viewed as a competitor of any of the two parties in the industry to which the data in question relates.
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Therefore, it is apparent that, the unlikelihood of disclosure of vox2’s confidential data to its probable competitors in the event authorization of proposed expert to access the materials in conflict, was at its maximum as the expert had no personal interest in them. Lack of personal interest results from the fact that, the proposed expert was not in service of a firm that could be considered a threat in business operations of vox2.
The court dismissed VOX2’s bid to object the access of the confidential data on the grounds, Telular’s proposed expert posed no threat whatsoever; to its (VOX2) trade operations. Subsequently, the plaintiff's proposed expert gets granted access to the confidential materials in question.
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