Magistrate Conditionally Grants Motion for Relief from Protective Order

December 15, 2015—Magistrate Judge David E. Peebles of the United States District Court of the Northern District of New York denied in part, and granted in part Defendants OBP Corporation and OBP Medical Inc.’s motion for relief from protective order. In September 12, 2014, Plaintiff Welch Allyn, Inc. sued the Defendants for infringement of U.S. Patent No. 8, 435, 175, entitled “Vaginal speculum apparatus,” of which Plaintiff claims it is owner by assignment. In 2015, Defendants filed a motion and gave oral argument for permission to share documents designated at “attorneys eyes only” with outside counsel. Based on the parties’ written and oral presentations, the Magistrate Judge granted the motion subject to two conditions: (1) “The number of law firms that may be provided the highly confidential information at issue in this case is limited to five, absent consent of [plaintiff] or permission from the court to expand that number. . . . [(2)] Prior to such production, each attorney, paralegal, secretary or other employee to whom the highly confidential information is to be shown must execute the agreement attached . . . to the protective order in this case. . . .” This action is pending and is captioned Welch Allyn, Inc. v. OBP Corporation et al, 5-14-cv-01122 (N.D.N.Y.).

By: H. Rachael Million-Perez

View Attachment (PDF)