MODIFYING PROTECTIVE ORDER TO ALLOW LITIGATION COUNSEL TO PARTICIPATE IN REEXAMINATION PROCEEDINGS WAS NOT WARRANTED

摘要

Modification of the protective order entered in a patent action, so as to allow the patentee's litigation counsel and designated representatives who had had access to the alleged infring- er's confidential information to participate in patent reexamination proceedings, was not warranted. The challenged provision of the protective order was specifically negotiated by the parties, and both the possibility that the alleged infringer would seek reexamination of the patent and the requested modification of the protective order were foreseeable at the time the protective order was entered.