SmartData, S.A. v. Apple, Inc.

Filing 31

ORDER RE: DISCOVERY LETTER BRIEF REGARDING PROTECTIVE ORDER. Signed by Judge Yvonne Gonzalez Rogers on 10/10/12. (fs, COURT STAFF) (Filed on 10/10/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SMARTDATA, S.A.,

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Plaintiff,

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United States District Court
Northern District of California

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Case No.: 12-CV-00583 YGR
ORDER RE: DISCOVERY LETTER BRIEF
REGARDING PROTECTIVE ORDER

vs.
APPLE, INC.,
Defendant.

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The Court has reviewed the parties’ Joint Letter Brief regarding disputed language in a

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protective order. The issue presented is: “Whether the agreed-upon patent prosecution bar

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provision in the Joint Protective Order should include reexamination of the patent-in-suit.”

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The prosecution bar provision of the Protective Order shall include reexamination of the
patent-in-suit.
This ruling is without prejudice to allow Plaintiff to move to modify the protective order on

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the grounds that a reexamination request is being used for an improper purpose by the Defendant,

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in which case, the Court will consider on a case-by-case basis whether Plaintiff’s in-house litigation

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counsel can participate in a reexamination.

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The proposed Joint Protective Order shall be revised to reflect this Order, and resubmitted.

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This Order Terminates Dkt. No. 30.

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IT IS SO ORDERED.

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Date:October 10, 2012

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YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE