Froedge v. Walden

OPINION AND ORDER

The sole question presented is whether a writ of prohibition should issue against a circuit judge to prevent him from enforcing an order directing a litigant to disclose information made in a patent application. The Court of Appeals denied the writ. We reverse.

In May of 1980 Southern Explosives Corporation filed a suit in the Barren Circuit Court alleging ownership of certain patent rights applied for by Froedge, and claiming various damages. In the course of the litigation, Southern Explosives, through discovery, attempted to compel Froedge to produce the patent application…