Tantivy Communications Inc v. Lucent Technologies Inc, No. 2:04-cv-00079 (E.D. Tex. Nov. 1, 2005)

From the Opinion

The passage below is extracted verbatim from the opening of the document. It has not been editorially summarized — consult the full opinion for the court's complete reasoning.

Before the Court is Plaintiff’s Motion to Ex clude (#142). The Court c arries Plaintiff’s Motion with the case but makes the following findings related thereto: I. Introduction Tantivy br ought i ts m otion to e xclude bas ed o n a lleged d iscovery a buses o f L ucent, including: (1) withholding of interoperability testing data and documents, (2) misrepresenting the existence of interoperability testing data and documents, (3) allowing the destruction of some of these documents and (4) producing documents for the…