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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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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