Third Parties And Protective Orders-Can You Handle The Truth?

In patent cases non-parties are regularly called upon to produce documents or give deposition testimony–material or information that is often confidential to some degree.  Most of the time this discovery goes off without too much trouble: a subpoena is issued, lawyers negotiate, and the discovery had.  Typically the producing party takes advantage of the Protective [...]

More On Filing Under Seal In ED Texas

Following our recent post on filing documents under seal in the Eastern District of Texas, ED Texas attorney, blogger and expert Michael Smith of EDTexweblog.com posted some comments as well as providing background on the process. I ask Michael if I could re-publish it as a post so that everyone could get the benefit of [...]

Some Like It Easy: Filing Under Seal, ED Texas Style

I used to represent several broadcast and print journalists, often heading off to some state courthouse to remind the local judge about the First Amendment and this country’s great tradition of open courts, open proceedings, and open records.  It seemed that someone always wanted to keep inquisitive eyes off some judicial event–perhaps legitimately to maintain [...]

In Brief: Baystate Technologies v. Bowers

2008-1204 Baystate Technologies v. BowersD/MA 91-cv-40079Judge Nathaniel Gorton The appeal brief is in from movant/appellant Professor George Kuney seeking authority to receive and use materials from the underlying Baystate case in a textbook.  The material is covered by a stipulated protective order entered in 1998, and the district court summarily denied his motion to intervene [...]

Court Won’t Interpret Ambiguous Protective Order

2008-1230 Smithkline Beecham v. SynthonMD/NC 1:00-CV-01179 Synthon appeals Mag. Judge Eliason’s order denying its motion to allow its in-house counsel to see the case’s confidential documents.   The parties  litigated a patent case many years ago, and entered into a  May 2001 Joint Stipulated Protective Order under which certain specified in-house counsel could see the file.  [...]

Professor Can’t Intervene To See Confidential Information

2008-1204 Baystate Tech v. BowersMA 91-cv-40079Professor George Kuney of the University of Tennessee College of Law appeals the district court’s summary denial of his motion to intervene and to modify a protective order.  In 1991 Baystate filed a declaratory judgment action against Bowers—both parties had software programs related to a third-party CAD program.  Bowers counterclaims [...]