Discovery

Plaintiffs in action for patent infringement are entitled to discovery of information concerning third party’s polymeric films in connection with issue of patent validity, even if it is assumed that information sought is trade secret, since there is no absolute privilege to protect trade secrets from disclosure during discovery, and plaintiffs have established that information is relevant to subject matter of underlying suit and necessary for them to prepare for trial.  (Ex parte Sealed Air Corp., 70 USPQ2d 1575, DC SC 2/5/04).

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