Boston Scientific Corporation, et al. v. Cook Group Incorporated, et al., C.A. No. 15-980 – LPS-CJB, April 18, 2016.

Burke, M. J. Court resolves disputes regarding a protective order dispute.

The court adopts defendants’ proposal as to the scope of the subject matter that a prosecution bar shall cover. The bar extends to qualified persons who are “regularly involved in (directly or by means of supervision) the preparation of patent applications related to endoscopic hemostatic clips” as well as anyone involved in (directly or by means of supervision) the preparation or prosecution of any patent application or patent relating to one or more of the patents-in-suit. Defendant has shown that there is risk of harm from inadvertent use of protected information. As for a second area of contention, defendant has pointed with specificity to the history between the parties to explain why the risk would be more acute than is usually the case during post grant proceedings.  The prosecution bar shall extend to post-grant proceedings regarding the patents-in-suit or related applications and/or patents. Plaintiff’s arguments were supported only by attorney argument.  The court acknowledges that the second issue was a closer call and would consider a motion to modify it if there is evidence to warrant it.