Commercially Available Products are Discoverable
Boler Co. v. ArvinMeritor, Inc., No. 03 C 489, Slip Op. (N.D. Ill. Jul. 2, 2008) (Cole, Mag. J.).
Judge Cole decided various discovery and protective order issues in this patent infringement dispute. Of particular note, the Court denied defendant's motion to preclude inspection of items that were commercially available. The Court held that commercially available items were discoverable and that because the items were commercially available there were no protective order implications.
The Court also refused to consider certain oral motions, likely those that the parties could have filed before the hearing, because the Court's standing order required that motions be briefed. Always make sure to read the Court's standing order, as well as the Local Rules.
Judge Cole decided various discovery and protective order issues in this patent infringement dispute. Of particular note, the Court denied defendant's motion to preclude inspection of items that were commercially available. The Court held that commercially available items were discoverable and that because the items were commercially available there were no protective order implications.
The Court also refused to consider certain oral motions, likely those that the parties could have filed before the hearing, because the Court's standing order required that motions be briefed. Always make sure to read the Court's standing order, as well as the Local Rules.
