ILC Peripherals Leasing Corp. v. International Business Machines Corp.

CONTI, District Judge.

This matter is before the court on IBM’s motion for production of documents from Memorex’s expert witnesses. IBM asserts that it needs these documents to fairly prepare for cross-examination, and to fairly evaluate Memorex’s revised damage claims. Memorex interposes numerous objections in its opposition, but these boil down to its concern over the breadth of the IBM requests.

In an effort to deal with the problem of expert discovery, subsection (4) was added to Rule 26(b) of the Federal Rules of Civil Procedure in 1970. It provides:

Discovery of facts known and opinions…