Lashify, Inc. v. Pro Lash, Inc., et al.

Summary

The United States District Court for the District of Utah grants the parties’ joint motion to amend the protective order in this patent and trade-secret dispute. The court adopts Lashify’s proposed amended protective order, including a prosecution bar, concluding that Pro Lash’s additional restrictions on disclosure and use of protected materials were disproportionate to the risks presented.

Holdings

1. Good cause existed to amend the standard protective order to include the stipulated patent prosecution bar.
2. Pro Lash's proposed restrictions were disproportionate to the risks presented and unduly burdensome.
3. Lashify's proposed protective order was sufficiently tailored to address the risks presented, and it was ordered to become the operative protective order.

Questions Presented

1. Whether good cause existed to amend the standard protective order to include the parties' stipulated patent prosecution bar.
2. Whether Pro Lash's proposed restrictions on disclosure and use of materials triggering the prosecution bar reasonably reflected the risks of disclosure of proprietary competitive information.
3. Whether Lashify's proposed protective order was sufficiently tailored to address those risks.

Disposition

other