Patent Prosecution Bars: How Courts Apply Deutsche Bank

Law360, New York (January 23, 2013, 1:33 PM EST) -- Comprehensive and detailed protective orders are often sought in patent litigation due to the expectation that highly sensitive business and technical information will be divulged in the course of the litigation. Where the divulged information will be reviewed by counsel representing the same client in both the patent litigation action and in prosecuting patents before the U.S. Patent and Trademark Office, a concern that the divulged information will be inadvertently disclosed or improperly (albeit unknowingly) used can prompt litigants to seek a protective order that includes...
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