A Blog About Intellectual Property Litigation and the District of Delaware

Entries for tag: Precedent

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 …