John v. Lattice Semiconductor Corp, 5-12-cv-04384 (CAND May 7, 2013, Order) (Grewal, M.J.).
Thursday, May 9, 2013
Litigation Counsel With Access to Source Code Permitted Limited Role in Reexamination
The court granted in part defendant's motion for a patent prosecution bar in the protective order. "[P]laintiff has persuaded the court that her litigation counsel may access [confidential source code and documents] and still participate in reexamination proceedings before the [PTO], albeit in a limited way. . . . Especially where, as here, reexamination or review proceedings are really nothing more than an extension of the litigation in the district court, there is even less of a reason to impose a total ban of the kind [defendant] seeks. It would be one thing if the two matters were truly independent of one another. But if the PTO and district court are just two fronts in the same battle, allowing a limited role for a patentee's litigation counsel while prohibiting counsel from crafting or amending claims is reasonable."