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Protective Orders

Joint Motion For Entry Of Protective Order Denied

December 15, 2022December 15, 2022 msmithNDTX, Protective Orders, TEXIPLAWBLOG

Fort Worth Post Office – Photo: Carol M. Highsmith 

Judge Pittman denied the parties’ joint motion for entry of a protective order, finding that it failed to identify any reason for its entry.  But the order pointed out that the parties were not left without recourse to protect their confidential information, and identified several options.

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Motion For Sanctions Meets the Streisand Effect

August 30, 2022August 30, 2022 msmithEDTEXWEBLOG, EDTX IP, Judge Roy S. Payne (USMJ), Marshall, Mediation, Protective Orders, Sanctions, TEXIPLAWBLOG

Desbenoit, CC BY 3.0 https://creativecommons.org/licenses/by/3.0, via Wikimedia Commons
Plaintiff sought “Corrective Actions and Sanctions for Violation of Protective Order and Abuse Of Settlement Process”.

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Prosecution Bars, Sanctions, and Discovery Special Masters

August 16, 2022August 17, 2022 msmithDiscovery, Protective Orders, SDTX, TEXIPLAWBLOG

Judge Palermo’s order has more action than a lot of movies.  For patent practitioners at least.

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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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Welcome!

This website consists of two blogs: (1) EDTexweblog.com – which focuses on practice in the U.S. District Court for the Eastern District of Texas; and (2) TexIPLawBlog.com – which focuses on 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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