Judge Sue L. Robinson recently entered, sua sponte, a limited prosecution bar due to the “growing proliferation of parallel proceedings between federal trial courts and the [PTO] . . . .” Versata Software, Inc. v. Callidus Software, Inc., Civ. No. 12-931-SLR (D. Del. June 19, 2014). The prosecution bar entered by Judge Robinson provided:
Plaintiffs shall designate one or more attorneys on their trial team who will be responsible for consulting with counsel handling any administrative review process, in order to coordinate coherent and consistent positions in various proceedings. These designated attorneys shall not be involved in reviewing the highly confidential source code of defendant, nor take part in discussing highly confidential source code with co-counsel or any witness in the case, nor shall they read any report from any witness in the case concerning such highly confidential source code, nor attend portions of any deposition (nor read portions of transcripts of such depositions) where highly confidential source code is mentioned or discussed. They may participate in all other aspects of the case. If it is likely that highly confidential source code will be used at trial, the parties shall discuss the operation of this limited prosecution bar at the pretrial conference.