A Blog About Intellectual Property Litigation and the District of Delaware


In ruling on a protective order dispute today, Judge Andrews wrote:

Urban legend has it that one of my predecessors said he is not bound by his own prior decisions. But I have also heard many times that lawyers believe that predictability in a judge is a really good thing. Thus, since it seems to me that the considerations here are no different than they were in the prior case, I should make the same ruling here.

IP/DE takes no official position as to which previous judge he may be referring...

His Ruling Was Also Worth Noting

The protective order dispute concerned cross-use by a plaintiff of defendants' confidential information in a multi-defendant ANDA action.

Plaintiff' proposal allowed it to produce any defendants' confidential info to any other defendant without restriction. Defendants' language required permission for cross-use, except during court hearings and at trial.

Judge Andrews was persuaded by defendants' citation to his own previous ruling—offered in their letter without context—where he sided with defendants on a similar but more restrictive cross-use provision. He adopted defendants' provision prohibiting plaintiff from disclosing confidential info between defendants.

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