Judge Paul Fioravanti ordered Carl Icahn to strike material from his lawsuit. (Photo by: Heidi Gutman/CNBC/NBCU Photo Bank/NBCUniversal via Getty Images)

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.

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Vice President

Alexandria Real Estate Equities

San Francisco, CA, USA