Icahn ordered to remove lawsuit’s confidential information that was supplied by Illumina board member

An Il­lu­mi­na di­rec­tor wasn’t au­tho­rized to sup­ply con­fi­den­tial in­for­ma­tion to ac­tivist in­vestor Carl Ic­ahn for use in his law­suit against lega­cy board mem­bers, a judge said in a rul­ing on Tues­day.

Delaware Chancery Court Judge Paul Fio­ra­van­ti or­dered Ic­ahn to strike the ma­te­r­i­al in ques­tion from the suit, which is on­go­ing and cen­ters on Il­lu­mi­na’s failed $8 bil­lion pur­chase of Grail.

An­drew Teno, a port­fo­lio man­ag­er at Ic­ahn En­ter­pris­es, was elect­ed to the board of the DNA-se­quenc­ing com­pa­ny last May af­ter Ic­ahn waged a board proxy fight. The judge said that Teno wasn’t au­tho­rized to feed in­for­ma­tion, in­clud­ing board-lev­el com­mu­ni­ca­tions that pre­ced­ed Teno’s time, to Ic­ahn for his law­suit.

Unlock this article instantly by becoming a free subscriber.

You’ll get access to free articles each month, plus you can customize what newsletters get delivered to your inbox each week, including breaking news.