Using Prosecution Bars And Escrow Agreements In Patent Litigation

Prosecution bars and escrow agreements represent the best means in patent litigation for fully protecting your clients' sensitive technical information. These tools address risks that typical protective orders do not. A prosecution bar is intended to avoid the risk of a party's sensitive t...

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Bibliographic Details
Published inThe Practical Litigator Vol. 18; no. 6; p. 47
Main Author Jordan, George W
Format Trade Publication Article
LanguageEnglish
Published Philadelphia American Law Institute 01.11.2007
Subjects
Data integrity
Litigation
Prosecutions
Risk management
Trade secrets
United States > US
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Summary:Prosecution bars and escrow agreements represent the best means in patent litigation for fully protecting your clients' sensitive technical information. These tools address risks that typical protective orders do not. A prosecution bar is intended to avoid the risk of a party's sensitive technical information being used by persons participating in patent prosecution to obtain patents to cover the party's products and processes. An escrow agreement is intended to avoid the risk of intentional and unintentional disclosures of a party's highly sensitive technical information. Considerations in drafting prosecution bars and escrow achievements in order to achieve these goals are discussed.
ISSN:1047-6261