Board will not Keep Highly Confidential Documents out of In-House Counsel’s Hands

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In Amneal Pharmaceuticals LLC v, Supernus Pharmaceuticals, Inc., IPR2013-00372, Paper 33 (March 7, 2014), the Board rejected Supernus proposed protective order which sought to create a category of highly confidential documents that we not avaialable to any of Amneal’s employees, including in house counsel, who Supernus alleged were involved in business decision making.  Appeal to miss Supernus point entirely, the Board commented:

The risk of publication is no different for the “highly confidential” materials than for the other confidential information.  We discern, therefore, no meaningful purpose in ordering different access restrictions for them.


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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