Violation of Court's Protective Order by Party in Parallel IPR Results in Sanctions
Parties to a district court litigation frequently engage in parallel Patent Office post-grant proceedings, such as inter partes review, post-grant review, and covered business method patent review. Confidential information may arise in either case, but since discovery is typically more detailed in district court litigation than discovery in post-grant proceedings, confidential information from the district court case can flow to the post-grant proceeding. If that does occur, that information must be protected in accordance with the protective order.
In Lunareye, Inc. v. Gordon Howard Associates, Inc., 9-13-CV-91
that engage in inter partes review
Parties have to be careful to avoid disclosure of information in violation of a protective order.
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