For those that are short of time

<B. Motion to Allow Testimony of Willis E. Higgins

The Court&rsquo;s analysis of Plaintiff&rsquo;s motion to allow Higgins to testify in the instant matter mirrors the foregoing discussion. Any testimony by Higgins concerning his communications with or other confidential information provided by Moore in the course of prosecuting the patents-in-suit is subject to the attorney-client privilege, and any testimony by Higgins adverse to Moore&rsquo;s interests would be a breach of Higgins&rsquo; fiduciary duty to Moore. Absent a specific proffer by Patriot as to how any testimony by Higgins not subject to the attorney-client privilege, Higgins&rsquo; broader fiduciary duty or both would be relevant to any issue in the present inventorship action, there is no basis for allowing Higgins to appear as a witness.&gt;  Opty