Nonparty Compelled by Subpoena to Produce Confidential Data Gets Only Production Costs

U.S. Law Week is reporting that the Eleventh Circuit has held that a nonparty compelled by subpoena to produce confidential data in civil litigation is "reasonably compensated" under Rule 45(c)(3)(B) by recovery of its cost of production, not its usual licensing fee, at least when the commercial value of the data is preserved by a protective order. Klay v. All Defendants, 11th Cir., No. 04-13062, 9/16/05. http://pubs.bna.com/ip/BNA/law2.nsf/is/a0b1m3h4v3.