District Court Orders Modification of Protective Order to Allow Plaintiff to Use Defendant's Confidential Information in Opposing Inter Partes Review ("IPR")
Defendant Baker Hughes Incorporated ("Baker Hughes") filed five inter partes review ("IPR") proceedings before the Patent Trial and Appeal Board ("PTAB") asserting that the plaintiff Lubrizol's patents were invalid because of obviousness. Baker Hughes and a third-party, Flowchem LLC ("Flowchem") had previously produced documents in the underlying case that they designated "Confidential" or "Highly Confidential" under the district court's Protective Order.
Lubrizol asserted that the confidential documents would refute Baker Hughes's obviousness argument in the IPR proceedings and sought a modification of the district court's Protective Order to allow Lubrizol to use the confidential documents in the IPR proceedings. In particular, Lubrizol asserted that the Baker Hughes documents would reveal evidence of copying, which would refute any contention that the patents were obvious.