News & Analysis as of

Patent Litigation Protective Orders

Dorsey & Whitney LLP

A Cautionary Tale of Contempt Proceedings for Potential Violation of a Standard Protective Order in Trade Secrets Litigation

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Though litigants routinely enter into stipulated protective orders in the course of discovery that may involve sensitive company information (or even trade secrets), a recent ruling is a cautionary tale on the potential...more

Haug Partners LLP

A Word of Caution When Disclosing Confidential Information to A Non-Party Under A Protective Order

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In a 2-1 opinion,1 the Federal Circuit recently reversed a decision from the United States District Court for the Western District of Wisconsin finding Defendant Leader Accessories LLC (“Leader”) and its attorney, Mr....more

WilmerHale

Federal Circuit Patent Watch: Disclosures to joint defense group in view of protective order

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Precedential Federal Circuit Opinions - STATIC MEDIA LLC v. LEADER ACCESSORIES LLC [OPINION] (2021-2303, 6/28/22) (Dyk, Reyna, Taranto) - Dyk, J. Reversing district court’s contempt finding and award of sanctions and...more

McDermott Will & Emery

Split Federal Circuit Reverses Contempt Order, Sanctions Award in Protective Order Dispute

A split panel of the US Court of Appeals for the Federal Circuit reversed a district court’s contempt order and sanctions award, finding that there was a fair ground of doubt regarding whether the defendant’s counsel’s...more

Morrison & Foerster LLP - Federal Circuitry

Last Week In The Federal Circuit (June 27 – July 1): Protective Order Pandemonium

Last week’s big news was the anticlimactic end of the American Axle saga.   But the Federal Circuit was hard at work too:  it issued a dozen decisions on a wide variety of subjects.  Below we provide our usual weekly...more

Jones Day

Take Care When Modifying the PTAB’s Default Protective Order

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After an initial denial, the PTAB recently granted Unified Patents’ motions for entry of protective order and for seal in Unified Patents, LLC v. Electronics and Telecommunications Research Institute, IPR2020-01048, Paper 33...more

McDonnell Boehnen Hulbert & Berghoff LLP

ToolGen Files Protective Orders in CRISPR Interferences

Senior Party ToolGen Inc. has filed a protective order in each of Interference Nos. 106,126 (naming as Junior Party the Broad Institute, Massachusetts Institute of Technology, and Harvard University) and 106,127 (naming as...more

Goodwin

Issue 33: PTAB Trial Tracker

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QUESTIONS REGARDING THE APPLICATION OF THE FINTIV FACTORS REMAIN - The Board has increasingly exercised its discretion to deny petitions in recent months, mainly due to the application of the Fintiv factors due to parallel...more

Fish & Richardson

Stipulated Protective Orders During Patent Litigation

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Discovery in patent cases often requires parties to produce confidential technical, business, and financial information. To safeguard this sensitive information, courts issue protective orders limiting who can access it,...more

Smart & Biggar

The Federal Court is back on track: IP holders will continue to benefit from protective orders in intellectual property litigation

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On February 17, 2020, the Federal Court of Appeal reaffirmed the long-established practice of granting protective orders to parties involved in intellectual property litigation before the Federal Court in Canada. In doing so,...more

Jones Day

August Boardside Chat Recap Regarding Trial Practice Guide Update

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On August 8, 2019, the Patent Trial Appeal Board held a Boardside Chat webinar to discuss the July 2019 changes to the AIA Trial Practice Guide. Vice Chief Administrative Judges Michael Tierney and Tim Fink led the discussion...more

Goodwin

Issue Eighteen: PTAB Trial Tracker

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The availability of post-grant proceedings at the Patent Trial and Appeal Board (PTAB) has changed the face of patent litigation. This monthly digest is designed to keep you up-to-date by highlighting interesting PTAB,...more

Jones Day

Seeking District Court Assistance For An IPR Proceeding

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Discovery is limited in inter partes review proceedings. As we previously discussed, discovery is available only “in the interest of justice,” and requests for discovery frequently are denied. Yet, a party may be aware of...more

Proskauer - New England IP Blog

Subpoenas on Customers Blocked in MRI Patent Case

In a recent multi-district case involving patent infringement allegations relating to MRI imaging, Judge Stearns granted motions for protective orders directed to untimely-served subpoenas on third party customers. The case...more

Goodwin

Amgen v. Sandoz: Pegfilgrastim Litigation Update

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On July 17, 2017, in the ongoing Amgen v. Sandoz litigation regarding Sandoz’s proposed biosimilar of Neulasta® (pegfilgrastim), the magistrate judge ordered, among other things, that Amgen is entitled to discovery from...more

Jones Day

Unmet Garmin Factor 3 Proves Fatal for Additional Discovery Request

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In Polygroup Ltd. v. Willis Electric Co., Ltd., the Patent Trial and Appeal Board denied a Patent Owner request for documents already provided in a co-pending lawsuit but restricted from use by a protective order....more

Morris James LLP

Protective Order Dispute Is Resolved

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Fallon, M.J. Court resolves protective order dispute. The dispute centers on what information may be disclosed to foreign counsel in non-US counterpart litigation. The magistrate previously asked the parties to be...more

Fish & Richardson

Wielding a Motion for Protective Order as a Defensive Tool

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Plaintiffs’ requested discovery is always too broad and burdensome, and the information defendants produce are always too narrow and few. This is a common theme across almost every patent case filed in the nation, often...more

McDermott Will & Emery

Modification of Protective Orders to Permit Use of Discovery Material in Foreign Litigation Must Consider 28 U.S.C. § 1782 Factors...

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The U.S. Court of Appeals for the Federal Circuit vacated an order modifying a protective order to allow the use of confidential discovery material in foreign litigation, explaining that courts facing such questions must...more

Akin Gump Strauss Hauer & Feld LLP

IP Newsflash - July 2015 #4

FEDERAL CIRCUIT CASES - Federal Circuit Grants Mandamus Disallowing Use of U.S. Discovery in Foreign Proceedings - The Federal Circuit has granted mandamus vacating a New Jersey district court’s order that allowed...more

Proskauer - New England IP Blog

Nice Confidentiality You Have There – Would be a Pity if Something Happened to It

What happens when a litigant accidentally publicly files unredacted or poorly redacted information meant to be redacted pursuant to a protective order? Its confidentiality is gone, baby. Gone. ...more

Robins Kaplan LLP

Judge Griesa finds a patent prosecution bar does not preclude litigation counsel from assisting in an IPR, and would have reached...

Robins Kaplan LLP on

Endo Pharmaceuticals Inc. et al. v. Teva Pharmaceuticals USA, Inc. et al. Case Number: 1:12-cv-08060 - Patentee Endo asked the court to rule that the protective orders in the patent infringement cases it filed...more

Robins Kaplan LLP

Judge Forrest authorizes depositions of declarants to support defendant’s motion for summary judgment

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Following defendant Monster’s filing of a motion for summary judgment, the patentee provided declarations by two expert witnesses in opposition. Monster noticed depositions of these experts, but the patentee moved for a...more

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