TQ Delta, LLC v. Comcast Corporation, et al., C.A. Nos. 15-611 – RGA; 15-612-RGA; 15-613-RGA; 15-614-RGA; 15-615-RGA; 15-616-RGA, April 13, 2016.

Thynge, C. M. J. The court resolves a dispute regarding the scope of the prosecution bar.

The court orders that the disputed portion of the prosecution bar shall read as follows:

“…. . claims directed to technology (i) concerning transmission and

reception of diagnostics for or about communication channels; (ii)

concerning scrambling of information modulated on carrier signals in a

communication system; or (iii) concerning low power mode for a

transceiver in a communication system, that has been provided for review by such outside counsel expert, or consultant in any HIGHLY

CONFIDENTIAL – ATTORNEYS’ EYES ONLY or HIGHLY

CONFIDENTIAL – SOURCE CODE Protected Material produced by a Defendant.

IT IS FURTHER ORDERED that to avoid any issues as to whether such outside expert or consultant reviewed any Highly Confidential – Attorneys’ Eyes Only or Highly Confidential – Source Code Protected Material produced by a Defendant, it will be presumed that if such materials, documents, information or the like were provided for review, that such outside expert or consultant reviewed such materials, documents, information or the like.”

http://www.morrisjames.com/blogs-Delaware-Patent-Litigation-Report,court-resolves-prosecution-bar-dispute

jc