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Judge Andrews adopts proposal limiting location of source code print-outs to Plaintiff’s counsel’s office

Judge Richard G. Andrews recently considered the parties’ dispute over the terms of a Protective Order regarding source code print-outs.  Infinite Data LLC v. Intel Corp, et al., C.A. No. 14-391-RGA (D. Del. Aug. 8, 2014).  Defendants proposed that source code would be made available on a standalone computer at any of the offices of Defendants’ outside counsel, but that any print-outs be kept only at the office of Plaintiff’s counsel.  Id. Alternatively, Defendants proposed that Plaintiff could choose to use an escrow agent, as set forth in the D. Del. Default Standard for Access to Source Code.  Plaintiff objected arguing that it would be unfairly burdensome to require its experts to travel to review source code at another location and then travel again to review print-outs.  Judge Andrews disagreed finding that Defendants’ proposals would protect confidentiality without “unfairly burdening” Plaintiff.  Id.  Judge Andrews further held that if Plaintiff chose to use an escrow agent, any associated expenses would be shared by the parties.  Id.

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