Software Source Coding Protected from Discovery?

The Second District Court of Appeals answered that question in the affirmative and in doing so may have limited the scope of discovery in intellectual property and trade secrets litigation involving computer software in certain situations.

In Revello Medical Management Inc. v. Med-Data InfoTech, USA, Inc., The Second DCA quashed an Order from the Circuit Trial Court ordering the Defendant to produce the computer source code used in its proprietary software to the Plaintiff and Plaintiff’s expert witnesses. The Court was not convinced that the Plaintiff had not met it burden under Florida’s “at issue” doctrine of defining the subject trade secret with particularity. Accordingly, the Court was not prepared to allow the Plaintiff to pry into the Defendant’s otherwise protected source code. Although the door was left open for Plaintiff to amend and seek further discovery.

Revello Medical Management Inc. v. Med-Data InfoTech, USA, Inc.

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