TQ Delta, LLC v. Comcast Corporation, et al., C.A. Nos. 15-611 – RGA; 15-612-RGA; 15-613-RGA; 15-614-RGA; 15-615-RGA; 15-616-RGA, April 13, 2016.
Thynge, C. M. J. The court resolves a dispute regarding the scope of the prosecution bar.
The court orders that the disputed portion of the prosecution bar shall read as follows:
“…. . claims directed to technology (i) concerning transmission and
reception of diagnostics for or about communication channels; (ii)
concerning scrambling of information modulated on carrier signals in a
communication system; or (iii) concerning low power mode for a
transceiver in a communication system, that has been provided for review by such outside counsel expert, or consultant in any HIGHLY
CONFIDENTIAL – ATTORNEYS’ EYES ONLY or HIGHLY
CONFIDENTIAL – SOURCE CODE Protected Material produced by a Defendant.
IT IS FURTHER ORDERED that to avoid any issues as to whether such outside expert or consultant reviewed any Highly Confidential – Attorneys’ Eyes Only or Highly Confidential – Source Code Protected Material produced by a Defendant, it will be presumed that if such materials, documents, information or the like were provided for review, that such outside expert or consultant reviewed such materials, documents, information or the like.”