Protective Order in Patent Cases

• Court: Court of Federal Claims
• Legal Form Number: 8A
• Section: Court of Federal Claims

218

FORM 8A

PROTECTIVE ORDER IN PATENT CASES

United States Court of Federal Claims

)

)

________________________, )

) No. _____________

Plaintiff, )

) Judge ____________________

v. )

)

THE UNITED STATES, )

)

Defendant. )

_______________________

PROTECTIVE ORDER

________________________

The court enters this Protective Order pursuant to RCFC 26(c)(1) and PRCFC 19(b). This order

does not specify the procedures under which access to National Security Information is to be provided and

may not be construed as requiring the production of any information that is classified for reasons of national

security. Access to such information will be governed solely by existing laws and regulations.

1. As used in this Protective Order, these terms have the following meanings:

a. Attorneys: counsel of record in this litigation;

b. Documents: all materials within the scope of RCFC 34;

c. Restricted—Attorneys’ Eyes Only: a subset of restricted documents that are designated

pursuant to Paragraph 5 below;

d. Written Assurance: an executed document found at Appendix of Forms, Form 9A;

e. Litigation Support Contractors: contractors who are subject to an obligation, either by contract

or trade practice, to maintain the confidentiality of any material received in performance of

services related to this litigation and rendered for the attorneys of record in this litigation (by

way of example and not limitation, litigation support contractors include copying services,

court reporters, videographers, document storage and management contractors, database

management contractors, and information technology and network support contractors);

f. Experts: outside persons who are used by a party or its attorneys to furnish technical or expert

services and/or to give expert testimony in this litigation; and

g. Third Party: any party not directly involved in this litigation.