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The Intersection of Law and Technology at the University of Virginia
Read our current issue: Volume 15, Issue 1 - Spring 2010

A Prosecution Bar in Patent Litigation Should Be the Exception Rather than the Rule
By James Juo & David J. Pitman
A litigant in patent litigation may seek a protective order containing a “prosecution bar” that prohibits attorneys who receive a disclosing party’s confidential information from prosecuting patent applications on behalf of the receiving party. When applying the Federal Circuit’s “competitive decisionmaking” analysis in the context of patent litigation, some district courts have found that patent prosecution is an inherently ...
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