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Chicago IP Litigation Tracking Northern District of Illinois IP Cases

Patent Protective Order Will Not be Amended Absent Showing of Specific Reasons

Posted in Local Rules

AmTab Mfg. Corp. v. SICO, Inc., No. 11 C 2692, Slip Op. (N.D. Ill. June 19, 2012) (Darrah, J.).

Judge Darrah denied defendants’ (collectively “SICO”) request to modify the Local Patent Rules standard protective order to include a prosecution bar.  While a prosecution bar could be appropriate, SICO failed to provide the specific facts necessary to meet its burden:

  • SICO offered general statements of potential competitive injury, but offered no specific information the disclosure of which would injure SICO.
  • SICO offered no examples of information it felt needed to be withheld.
  • SICO did not demonstrate that plaintiff AmTab’s counsel was engaged in competitive decision making.
  • AmTab’s outside counsel were not involved in marketing, product design, production, scientific research or pricing decisions.