News & Analysis as of

Patents Protective Orders Confidential Information

A&O Shearman

District Court Reinforces High Bar For Applying Patent Prosecution Bar

A&O Shearman on

In Champion Power Equipment Inc. v. Firman Power Equipment Inc., No. CV-23-02371-PHX-DWL (D. Ariz. Oct. 18, 2024), defendant filed a motion for a protective order seeking two forms of relief: 1. a patent prosecution bar...more

Haug Partners LLP

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

Haug Partners LLP on

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

WilmerHale on

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

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

Fish & Richardson

Stipulated Protective Orders During Patent Litigation

Fish & Richardson on

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

Smart & Biggar on

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

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

Morris James LLP

Protective Order Dispute Is Resolved

Morris James LLP on

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

McDermott Will & Emery

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

McDermott Will & Emery on

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

King & Spalding

ITC Section 337 Update – August 2015

King & Spalding on

En Banc Federal Circuit Upholds The Commission’s Position In Suprema – On August 10, 2015, in an en banc Opinion written by Circuit Judge Reyna, the Federal Circuit upheld the Commission’s position in Suprema, Inc. v....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

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