Study on Protective Orders and Related Court Orders of US Patent Litigation

• Main Authors: Lin, Hsiao-Han, 林曉涵
• Other Authors: Liu, Shang-Jyh
• Format: Others
• Language: zh-TW
• Published: 2013
• Online Access: http://ndltd.ncl.edu.tw/handle/39481133225169055253

碩士 === 國立交通大學 === 科技法律研究所 === 101 === The article is mainly dedicated to discuss the protective orders and the related orders during the discovery stage of patent litigation. It introduces the basic characteristics, including pre-discovery conference, the scope of discovery, and the privileges which limit the scope, of discovery system of Patent litigation by looking into the content of Federal Rule of Civil Procedure of the United States. Furthermore, the article identifies the items that should be discovered by the plaintiffs and defendants, with respect to the discovery of patent litigation. It further describes the content and function of protective order and the related motions/tools often seen in the discovery of patent litigation, such as subpoena, motion to seal, patent prosecution bar and source code inspection. Apart from the Federal Court system, the 337 investigation of US International Trade Commission has then been noted, along with the protective order used in USITC Patent litigation. The empirical study focus on the orders relating to protective order and issued by US Federal Courts in 2011 and analyzes them with basic quantitative and qualitative methods. Taking one step ahead, it choose seven cases out of the orders gained and do a more thorough study, so as to investigate the logic of the court in dealing with the motions. Last but not least, given the similarity and differences of the systems, the article briefly introduces the “Secrecy Retaining Order” used in Intellectual Property Litigations in Taiwan and compares with protective order of the United States. The article concludes by providing some insights and suggestions to the Taiwanese corporations when facing the US Patent litigations.