District Judge Richard J. Sullivan allowed a provision in the parties’ protective order that prevents persons involved in competitive decision making from viewing certain protected information. The court found that the provision was not unnecessarily broad because whatever vagueness in the text standing alone is cured by the availability of other courts’ interpretation of this provision, including the definition set by the Federal Circuit in U.S. Steel Corporation v. United States, 730 F.2d 1465, 1468 n. 3 (Fed. Cir. 1984).  However, the court did find that the language, as proposed by the defendant, was unnecessarily confusing because it barred anyone who receives the information from engaging in competitive decision making, as opposed to barring competitive decision makers from receiving the information. The court ordered the parties to submit a proposed Protective Order with clearer language.

Case: Joao Control & Monitoring Sys., LLC v. Digital Playground, Inc., No. 12 Civ. 6781(RJS) (S.D.N.Y. January 31, 2014)