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Protective Orders

Motion To Modify Protective Order To Allow Use Outside Case

June 21, 2022June 21, 2022 msmithProtective Orders, TEXIPLAWBLOG, WDTX, WDTX Cases

The court granted the motion in part, providing relief from information disposal requirements, and finding other proposed changes unnecessary.

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Protective Orders – Should You Stick With The Court’s Form?

June 21, 2022June 21, 2022 msmithProtective Orders, TEXIPLAWBLOG, WDTX, WDTX Cases

This order provides some guidance when the court’s form is perhaps your best option.  And how not to argue otherwise.

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Motion To Modify Protective Order To Permit Use Of Confidential Information Outside Case

June 21, 2022June 21, 2022 msmithEDTEXWEBLOG, EDTX IP, Judge Amos L. Mazzant III, Protective Orders, Sherman, TEXIPLAWBLOG

Generally, protective orders prohibit the use of information outside of the case.  The court was asked to modify the order in this case to permit such use.

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Prosecution Bar

June 20, 2022June 20, 2022 msmithEDTEXWEBLOG, EDTX IP, Judge Roy S. Payne (USMJ), Marshall, Protective Orders, TEXIPLAWBLOG

One of the issues that comes up sometimes in a protective order is whether there should be a prosecution bar, and if so, its scope.

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Creatives Uses for Gun Safes

May 10, 2022May 10, 2022 msmithDiscovery, Protective Orders, TEXIPLAWBLOG, WDTX, WDTX Cases

This is a fight over how many pages of printouts a party can make of source code, with a dispute over the scope of the defendant’s production on the side.

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Protective Order Violation? Yes or No?

May 9, 2022May 9, 2022 msmithDiscovery, Experts, Protective Orders, WDTX Cases

The defendant alleged that certain counsel for Proven violated the Acquisition Bar and Competitive Decisionmaker sections of the Protective Order.  And that an expert wouldn’t answer yes or no.

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No Reduced Confidentiality Designation

May 6, 2022May 6, 2022 msmithProtective Orders, TEXIPLAWBLOG, WDTX, WDTX Cases

The defendant asked Judge Albright to reduce the designation so its in-house counsel could evaluate and document.

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Source Code Provisions

April 26, 2022May 5, 2022 msmithProtective Orders, TEXIPLAWBLOG, WDTX, WDTX Cases

The plaintiff wanted a provision permits secure electronic transfer of code, in addition to the existing provisions regarding hard copy and physical media.  Defendant wanted to put off inclusion of any source code provisions.

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Additional Protective Order Provisions In Waco Rejected

February 17, 2022February 17, 2022 msmithProtective Orders, TEXIPLAWBLOG, WDTX, WDTX Cases

Judge Albright ruled on the defendant’s request for additional provisions.

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Using Litigation Materials In Bankruptcy Court

September 7, 2021September 7, 2021 msmithEDTEXWEBLOG, EDTX IP, Judge J. Rodney Gilstrap, Marshall, Protective Orders, TEXIPLAWBLOG

The defendant sought leave to use materials from the case in another proceeding.

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Welcome!

This weblog focuses on two things: (1) practice in the U.S. District Court for the Eastern District of Texas; and (2) intellectual property litigation in all Texas federal courts, with special emphasis on patent litigation.

Author

Michael C. Smith Biography EDTexweblog.com is published by Michael C. Smith, the partner in charge of the Marshall office of Scheef & Stone, LLP, where he specializes in complex commercial and patent litigation in federal court. Michael has appeared in over 900 civil cases in the Eastern District of Texas, is a past chair of the district's local rules committee and bar association, and frequently assists clients with preparing and trying cases in the district's courts. He has edited O'Connor's Federal Rules * Civil Trials for the past 20 years, and writes and speaks frequently on civil procedure, litigation in federal courts, and law office management.
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