Scientific Telecommunications LLC v. ADTRAN, Inc., C.A. No. 15-647-SLR, July 25, 2016.

Robinson, J. Plaintiff’s motion to dismiss count III of counterclaim is granted.

Count III alleges breach of a nondisclosure agreement.  The dispute in this counterclaim centers on whether the nondisclosure agreement is applicable to defendant’s knowledge of the patents-in-suit prior to its execution. The court finds no basis for applying the nondisclosure agreement to communications that took place prior to its execution and therefore finds it is not retroactive.