The judge overseeing the criminal trade secrets case against six individuals who moved from Jawbone to rival Fitbit has turned back an attempt by federal prosecutors to disqualify lawyers from Orrick, Sutcliffe & Herrington from representing one of the defendants.

Federal prosecutors asked to disqualify Orrick and partner Randy Luskey from representing former Jawbone employee Katherine Mogal, arguing that the firm and Luskey previously represented the company and Mogal’s co-defendants in the federal criminal investigation, proceedings at the International Trade Commission, and in prior civil litigation with Jawbone.