In Re Deutsche Bank Trust Co. Americas

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that Federal Circuit law applies to prosecution bar disputes because they implicate substantive patent law
• holding that “Federal Circuit law applies to discovery matters if the determination implicates an issue of substantive patent law”
• holding that a patent prosecution bar may be appropriate where a standard protective order cannot sufficiently protect against the “risk presented by the disclosure of proprietary competitive information”
• recognizing that, in certain situations, “even the most rigorous efforts of the recipient of such information to preserve confidentiality in compliance with the provisions of such a protective order may not prevent inadvertent compromise”
• noting that a court should consider the “extent and duration” of counsel’s representation of client
• noting that competitive decision-making includes “making strategic decisions on the type and scope of patent protection that might be available or worth pursuing for such inventions”

Source: CourtListener parenthetical corpus (CC0).