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File For A Prosecution Bar The Right Way

Law360 (March 25, 2011, 11:59 AM EDT) -- During the course of a Section 337 investigation before the U.S. International Trade Commission, a party's confidential information is normally disclosed to opposing counsel and experts for the other side as part of the discovery process, under the terms of a protective order governing use of confidential information.

Due in part to the complexity of current technology, it is not uncommon for a party's litigation counsel or expert witnesses to also represent or assist the party in patent prosecution matters. Consequently, to avoid the risk that...
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