Saturday, September 20, 2014

Mandamus and trade secrets

See the CAFC order in IN RE TAIWAN UNION TECHNOLOGY


Not satisfied with that relief , TUC now seeks an order from
this court compelling
additional information relevant to
its invalidity defense .
Park opposes
the petition and
moves for sanctions.
For the following reasons, we deny
the petition and motion



As to facts, the patentee Isola initially sued TUC and Park, but later
settled with Park. Park had potential prior art information that TUC wanted.
The district court denied the full scope of TUC's subpoena to Park, and
TUC sought mandamus.

At issue


In March 2014, TUC subpoenaed Park, seeking in-
formation concerning: (1) the ingredients and/or materials
used to prepare each resin composition in the manufac-
ture of Park’s N4000-13 prior to September 24, 1996; (...)

After Park objected on the grounds that the information requested
constituted or contained
trade secret and other highly sensitive competitive infor-
mation, TUC filed a motion to compel. (...)

Although the district court was persuaded that
TUC was entitled to more information
than Park had already turned over to TUC, it refused
to grant the full scope of TUC’s request

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