Litigation Counsel With Access to Source Code Permitted Limited Role in Reexamination

The court granted in part defendant's motion for a patent prosecution bar in the protective order. "[P]laintiff has persuaded the court that her litigation counsel may access [confidential source code and documents] and still participate in reexamination proceedings before the [PTO], albeit in a limited way. . . . Especially where, as here, reexamination or review proceedings are really nothing more than an extension of the litigation in the district court, there is even less of a reason to impose a total ban of the kind [defendant] seeks. It would be one thing if the two matters were truly independent of one another. But if the PTO and district court are just two fronts in the same battle, allowing a limited role for a patentee's litigation counsel while prohibiting counsel from crafting or amending claims is reasonable."

John v. Lattice Semiconductor Corp, 5-12-cv-04384 (CAND May 7, 2013, Order) (Grewal, M.J.).