In a patent dispute, the defendant moved for an order compelling Plaintiffs to provide a complete copy of the Microsoft Access database that a co-inventor utilized to input his formulas. “Specifically, Defendant seeks the metadata it alleges is contained in the Microsoft Access database to independently determine the legitimacy of Plaintiffs’ claim that Mr. Steele and his co-inventor were the first inventors of the” patent at issue…. “Because the parties have competing affidavits regarding whether the Microsoft Access database stores metadata, and evidence regarding the date of the invention is clearly relevant, the court concludes that Defendant ought to be allowed the opportunity to conduct a forensic analysis as to whether or not the metadata exists in its native format. While the court appreciates Plaintiffs’ concerns regarding the disclosure of confidential and proprietary information, an attorneys eyes only designation pursuant to the protective order should provide a sufficient safeguard against disclosure of confidential or proprietary information.”
Thorne Research v. Atlantic Pro-Nutrients, No.13-784, 2016 WL 1122863 (D. Utah March 22, 2016).
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