Discovery. Advance Technology Consultants, Inc.(ATC), contracted with RoadTrac, LLC, to provide software and client software systems for the products of globalpositioning satellite (GPS) technology being developed byRoadTrac. RoadTrac agreed to provide ATC with hardwarewith which ATC’s software would interface. Problems soonarose, however. ATC claimed that RoadTrac’s hardware wasdefective, making it difficult to develop the software. RoadTrac contended that its hardware was fully functional and thatATC had simply failed to provide supporting software.ATC told RoadTrac that it considered their contract terminated. RoadTrac filed a suit in a Georgia state court againstATC alleging breach of contract. During discovery, RoadTracrequested ATC’s customer lists and marketing procedures.ATC objected to providing this information because RoadTrac and ATC had become competitors in the GPS industry.Should a party to a lawsuit have to hand over its confidential business secrets as part of a discovery request? Why orwhy not? What limitations might a court consider imposingbefore requiring ATC to produce this material? (See PretrialProcedures.)
Discovery. Advance Technology Consultants, Inc.
(ATC), contracted with RoadTrac, LLC, to provide software and client software systems for the products of global
positioning satellite (GPS) technology being developed by
RoadTrac. RoadTrac agreed to provide ATC with hardware
with which ATC’s software would interface. Problems soon
arose, however. ATC claimed that RoadTrac’s hardware was
defective, making it difficult to develop the software. RoadTrac contended that its hardware was fully functional and that
ATC had simply failed to provide supporting software.
ATC told RoadTrac that it considered their contract terminated. RoadTrac filed a suit in a Georgia state court against
ATC alleging breach of contract. During discovery, RoadTrac
requested ATC’s customer lists and marketing procedures.
ATC objected to providing this information because RoadTrac and ATC had become competitors in the GPS industry.
Should a party to a lawsuit have to hand over its confidential business secrets as part of a discovery request? Why or
why not? What limitations might a court consider imposing
before requiring ATC to produce this material? (See Pretrial
Procedures.)
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