Confidentiality Order does not apply to reexamination proceedings

Kenexa Brassring Inc. v. Taleo Corporation, Civ. No. 07-521-SLR, February 18, 2009.

Robinson, J.  Defendant's motion for clarification of the confidentiality protective order is granted.  Court finds that the order does not relate to reexaminations.

Dispute arises over the meaning of certain wording set forth in the protective order entered in this case which states that receiving parties “shall not prepare or prosecute, or assist in the preparation or prosecution of, any patent application” relating to the technology at issue in this suit.  Court finds that the order does not prohibit receiving parties-on either side-from participating in reexamination proceedings.  Defendant had previously rejected specific language relating to “reexaminations.”

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