Uniloc 2017 LLC v. athenahealth, Inc. (D. Mass. 19-cv-11278).

Uniloc 2017 sued athenahealth for patent infringement in 2019.  Now in discovery, Uniloc sought to have athenahelath’s source code produced to Uniloc’s expert in Dallas.  Athenahealth baulked, stating that its source code was highly valued and that disclosure in Dallas under the current COVID circumstances would involve undue risks.  Uniloc, meanwhile did not want to engage a new expert from the Boston area.  Judge Stearns, noting that both parties’ concerns were valid, denied Uniloc’s motion to compel production of the source code in Dallas and instead stayed the case until 2021.  He did indicate that he would consider lifting the stay if the parties could mutually agree on a solution before then.

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