Source code of future products is held discoverable

Bigband Networks, Inc. v. Imagine Communications, Inc., Civil Action No.07-351-JJF, July 20, 2010.

Farnan, J.  Plaintiff’s motion to compel source code and further responses to written discovery is granted.

The technology relates to increasing the amount of data that can be offered by a cable television provider without having to change the physical infrastructure of a cable distribution system.  The court concludes that the source code of future products is discoverable because it is reasonably likely to lead to evidence that is relevant to infringement.  In addition, the court finds several interrogatories have not been adequately answered and requires further responses.

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