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Judge Burke Recommends Denying INVISTA’s motion for contempt and for sanctions

Judge Burke recently considered INVISTA’s motion for contempt and for modification of the protective order. INVISTA N. Am. S.a.r.l., et al. v. M&G USA Corp., et al., C.A. No. 11-1007-SLR-CJB (D. Del. Apr. 25, 2014). Previously, a jury found in favor of INVISTA and, following post-trial motions, Judge Robinson entered judgment in favor of INVISTA and granted INVISTA’s motion for a permanent injunction. In support of its contempt motion, INVISTA argued that M&G filed a petition in Virginia state court seeking an order requiring discovery from INVISTA, that “willfully violated three orders of the Court,” including the protective order Id. at 8 (internal quotations omitted). Judge Burke denied INVISTA’s motion finding that clear and convincing evidence did not demonstrate that M&G “knowingly disobeyed a valid order of this Court.” Id. at 10. For example, while one such order denied M&G’s motion to compel the discovery, that denial was “in the context of ‘this patent infringement action[.]'” Id. at 11 (emphasis and alteration in orginal). Judge Burke also found that M&G did not disobey the protective order in this case when it publicly filed the Virginia petition using information from a confidential document inadvertently produced in this case. Judge Burke found that the protective order’s restrictions did not apply to information that was in the possession of M&G before it was “transmitted” by INVISTA to M&G in the litigation. Id. at 18.

INVISTA N. Am. S.a.r.l., et al. v. M&G USA Corp., et al., C.A. No. 11-1007-SLR-CJB (D. Del. Apr. 25, 20…

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