A Blog About Intellectual Property Litigation and the District of Delaware


Entries for tag: Third Party Discovery

Court Denies Motion to Redact Names of Non-Party from Counterclaims, Notes Issues with Briefing

Andrew E. Russell, Oct. 8, 2025
Motion to Seal Third Party Discovery

Just your typical light redactions, from a real case (but not this one).
Just your typical light redactions, from a real case (but not this one). Public Filing

Last week in Voxtur Analytics Corp. v. Haldane, C.A. No. 25-742-GBW-SRF (D. Del.), the Court addressed a plaintiff's request to redact some information from the defendant's counterclaims.

It's hard to tell from the docket (most of the filings are still sealed), but it appears that the plaintiff was under an NDA with a third party regarding some information that may have been produced in the case. The defendant's counterclaims included that information.

The Court held that the fact that plaintiff was subject to an NDA, alone, was not sufficient to support a motion to seal:

ORAL ORDER re 130 Joint Motion for …
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Reminder: The Ethics Rules Prohibit Attorneys From Asking a Third Party to Withhold Information

Andrew E. Russell, June 6, 2025
Third Party Discovery Ethics

Danger Keep Out
Edwin Hooper, Unsplash

Earlier this week, visiting Judge McCalla issued an order denying a motion to preclude a third-party factual declaration. Along the way, the Court addressed an ethics rule that should probably come up more often than it does.

As set forth by the Court, ABA Model Rule 3.4(f) precludes attorneys from requesting that third parties withhold relevant information from another party:

Model Rule 3.4(f) states a “lawyer shall not . . . request a person other than a client to refrain from voluntarily giving relevant information to another party.”

Arctic Innovations, LLC v. Edwards Lifesciences Corp., C.A. No. 23-158-JPM, at 4 (D. Del. June 4, 2025).

This could be a land mine for the …

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