Discovery cannot be withheld on the basis of confidentiality, absent Court order.
Pending entry of a protective order, discovery and disclosures deemed confidential by a party
shall be produced to the adverse party for the eyes of outside counsel of record only, marked
“Attorneys Eyes Only – Subject to Protective Order.” The discovery and disclosures so marked
shall be used solely for purposes of the pending case and shall not be disclosed to the client or
any other person.
Should the parties desire to have a protective order entered in a patent case, they shall
present a stipulated protective order for the Court's consideration and entry at the Patent
Scheduling Conference. In the absence of a stipulated protective order, a party that has
designated discovery or disclosures for protection under this Rule or that desires to have a
protective order entered in the case shall move the Court for the entry of the Patent Case
Protective Order attached as Appendix A to these Rules. Upon entry of the Patent Case
Protective Order, discovery and disclosures previously designated for protection under this Rule
may be re-designated, disclosed, and used in accordance with the provisions of the protective
order entered by the Court.
Should a party desire to file materials designated for protection under this Rule with the
Court before the entry of a protective order, the materials shall be filed under seal, and this Rule
shall authorize the Clerk of Court to accept the sealed filing.
