Archive: July 21, 2008

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Court Issues Fourth Order Regarding Forensic Inspection of Defendant’s Computer Systems; Finds Defendant’s Behavior Fell “Just Shy” of Conduct Befitting Default Judgment

Court Issues Fourth Order Regarding Forensic Inspection of Defendant’s Computer Systems; Finds Defendant’s Behavior Fell “Just Shy” of Conduct Befitting Default Judgment

Square D Co. v. Scott Elec. Co., 2008 WL 2779067 (W.D. Pa. July 15, 2008)

In June 2007, the court had ordered, among other things, that defendant Globe Electric Supply Co. “submit to a forensic inspection of its computer systems which record its purchases and sales of Square D products and its inventory of such products, with such inspection to be incurred at Globe’s sole expense and cost."  In November 2007, after finding Globe in contempt of court and considering that "the information at issue is important to the public health and safety in that the counterfeit circuit breakers represent a potential danger to unknowing consumers," the court again addressed the issue of the forensic inspection.  At that time, the court ordered Globe to:

submit to an inspection by Square D (including its attorneys), at Globe’s expense, of its inventory of Square D circuit breakers as well as Globe’s offices, warehouses, storage containers or facilities where Square D circuit breakers are or may be located, and also submit to a forensic inspection of its computer systems which records its purchases and sales of Square D products and its inventory of such products, with such inspection to be incurred at Globe’s sole expense and cost.

The court further ordered that said inspection occur within thirty days, or on or before December 14, 2007.

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