In In re Posco, No. 2015-112, 2015 WL 4461027 (Fed. Cir. July 22, 2015), plaintiff filed suit in the District of New Jersey, alleging that defendant had infringed its patent and engaged in unfair competition.  After the court entered a protective order stating that discovery materials shall be used solely for purposes of this action, defendant produced several million pages of documents.  The parties were also parties to related litigations pending in Japan and Korea, where discovery is generally more restricted.  Plaintiff requested that the protective order in this case be modified to allow the produced documents to be used in the foreign actions, and the court, over defendant’s objection, agreed.  Defendant filed a petition for writ of mandamus, arguing that 28 U.S.C. § 1782, which governs the production of materials for use in a foreign tribunal, was the exclusive means to obtain discovery for use in foreign proceedings.  The Supreme Court has articulated specific factors to consider when analyzing a request under § 1782, see Intel Corp. v. Advanced Micro Devices, Inc., 542 U.S. 241 (2004) – factors that the district court here did not consider.  The Federal Circuit rejected the argument that § 1782 was the exclusive avenue for obtaining such discovery, noting that it does not directly govern requests to modify a protective order to make materials available in a foreign proceeding.  Nonetheless, the court granted mandamus, holding that § 1782 “still has a role to play when a party seeks to modify a protective order.”  The court ruled that the considerations for modifying a protective order to allow use of discovered materials in a foreign proceeding should be the same as those applicable to § 1782, and that the Supreme Court’sIntel factors should guide both determinations.  It thus remanded the issue back to the district court to resolve plaintiff’s request to modify the protective order by giving due consideration to the Intel factors.