A Blog About Intellectual Property Litigation and the District of Delaware


Entries for tag: Protective Order Violation

Andrew E. Russell, CC BY 2.0

The protective order hearing last week was even more interesting than anticipated. We laid out the background our last post, but here are the basics:

In this patent action, the inventor of the patents-in-suit is also a principal of the plaintiff entity Rein Tech, as well as the prosecuting attorney, the testifying expert, and (likely) a fact witness. He's doing a lot here.

Because he is the principal and a competitive decision maker, and even though he is a testifying expert who apparently issued a report, the parties (more or less) agreed that he is precluded from seeing Attorneys' Eyes Only ("AEO") information under the protective order in the action.

Beyond that, the …

Plaintiff's principal with his towering pillar of hats
Plaintiff's principal with his towering pillar of hats AI-Generated, displayed with permission

If you happen to be in Wilmington, DE tomorrow—perhaps as a summer associate—and feel like attending an interesting hearing, it could be worth stopping by Judge Noreika's Courtroom 4A at 10am.

The hearing involves an alleged protective order violation by plaintiff Rein Tech and its principal. See Rein Tech, Inc. v. Mueller Systems, LLC, C.A. No. 18-1683-MN, D.I. 170 (D. Del. May 16, 2025).

An Alleged Disclosure of AEO Information And an Alleged Prosecution Bar Violation

Rein Tech's principal apparently wears many hats. In addition to being the head of Rein Tech, he is also the named inventor on the asserted patents, the prosecuting attorney …