Prosecution Bars and IPR

Authored by Michelle Carniaux and Bryan Nese

A recent decision out of the Eastern District of Wisconsin addressed the question of whether a prosecution bar in a protective order prevents a patent owner’s litigation counsel from participating in an inter partes review (“IPR”) of the subject patent. See Prolitec Inc. v. ScentAir Techs., Inc., Case No. 12-C-483, slip op. at 9 (E.D. Wis. May 17, 2013). In Prolitic Inc. v. ScentAir, the relevant portions of the protective order stated as follows:

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