An International Guide to
Patent Case Management for Judges

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1.3.8 Confidentiality

All jurisdictions under review operate under the principle of open justice. This must be balanced with other considerations, including confidentiality issues which can arise in patent litigation through the disclosure of confidential information to the opposing party during the proceedings. Appropriately preserving confidentiality is an important element of judicial case management, and protective measures may include: requiring a party that receives confidential documents to use those documents only for the purposes of the litigation; requiring an undertaking restricting the use and disclosure of the confidential documents; allowing only the patentee’s lawyers, but not the patentee, to attend the inspection; issuing protective orders such as prohibiting the expert and the lawyers from discussing the findings from an inspection with others, including the patentee; and the court sitting in private (known as sitting in camera).53