Melea Limited - Page 14




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            of the courts and the parties to seek review by the court that                              
            issued the order is not warranted in this setting.                                          
                  The final factor concerns whether this Court, by                                      
            incorporating similar terms and protections in our order, could                             
            continue the protections originally approved in the District                                
            Court’s order.  On that point, petitioner argues that neither                               
            petitioner nor respondent has moved this Court for such a                                   
            protective order.  Petitioner’s concern is that the Cinpres case                            
            involved patent infringement and the possible need to protect any                           
            proprietary business information.  In that regard, the District                             
            Court’s protective order appears to adequately provide for                                  
            protection of any proprietary business information.  If we                                  
            incorporate the terms of the District Court’s protective order                              
            into an order compelling the production of the requested                                    
            deposition materials, the same obligations and restrictions will                            
            be imposed, with the exception that they will now be imposed on                             
            respondent.  We see no reason why the terms of the District                                 
            Court’s protective order cannot be incorporated into this Court’s                           
            order compelling any production of materials from the Cinpres                               
            case.                                                                                       
                  As explained, the information respondent seeks is relevant                            
            to the issues we consider.  It would be unjust to permit                                    
            petitioner continued access to this type of information with no                             
            access to respondent.  Another approach to remedying this                                   






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Last modified: May 25, 2011