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GrafTech International Holdings Inc. v. JTProfound Technology Co.

July 8, 2009


The opinion of the court was delivered by: Hon. Robert N. Block United States Magistrate Judge



The parties to this Stipulated Protective Order (the "Order"), by and through their undersigned counsel, hereby agree as follows:

1. Any documents produced in the course of discovery relating to any issue in the above-styled case, pending before the United States District Court for the Central District of California (the "Action") which either Plaintiff GrafTech International Holdings Inc. or Defendants JTProfound Technology Co., Ltd. or Jing-Wen Tzeng designate at the time produced as confidential, shall be deemed "Confidential Information" and shall be used solely for the purpose of litigating this Action and any appeals therefrom, and shall not be disclosed or used for any business, commercial, competitive or other purpose. Any documents or testimony designated as Confidential Information shall not be revealed to, or made available for, inspection or copying by any person except under the terms of this Order.

2. This Order shall also govern all Confidential Information produced during discovery by nonparties, where the nonparty or a party requests the protections provided by this Order. Reference to a "party" in this Order shall include nonparties that invoke the protections of this Order.

3. If justice requires protective measures to protect nonpublic commercially-sensitive or trade secret information, any party may, if counsel for the designating party has a good faith belief that the document and other material is entitled to protection under this Order, designate that information as "Confidential," including, but not limited to:

a. Information or materials that any party reasonably believes constitutes or discloses trade secrets or other confidential research, development, or commercial information, which it is entitled to be maintained in confidence;

b. Business, marketing, product development, or strategic plans, or similar information, relating to any actual or potential product or service;

c. Information reflecting or relating to financial data, including, but not limited to, documents concerning revenues, costs, profits, sales, projections and return on investment;

d. Information reflecting or relating to visual or design depictions of any actual or potential product or service, including, but not limited to, charts, diagrams, line drawings, sketches and photographs;

e. Nonpublic information reflecting or relating to copyrights, patents, patent applications, trademarks or trademark applications; and

f. Information reflecting or referring to consultants, manufacturers, suppliers, dealers and customers.

Designation of information as "Confidential" shall be made by stamping or otherwise placing the legend "CONFIDENTIAL" on the material in a manner that will not interfere with its legibility. Multi-paged Confidential materials that are bound together need only have the legend "CONFIDENTIAL" stamped or otherwise placed on the first page. If the Confidential materials cannot have the legend "CONFIDENTIAL" stamped or otherwise placed thereon, it will be designated "Confidential" in a manner to be agreed upon.

4. At the option of the producing party, Confidential Information pursuant to the paragraph 3 above may be further designated as "ATTORNEYS EYES ONLY" if it includes non-public testimony, information, documents, data and other things which constitute confidential business or technical information which is reasonably considered by the producing party to be highly sensitive as it contains competitive business information the disclosure of which to the public or to the receiving parties may harm the producing party. Such a designation shall be made in a manner similar to that set forth in paragraph 3 above, except the phrase ATTORNEYS EYES ONLY" shall be added. Confidential Information that has been further designated "ATTORNEYS EYES ONLY" in the manner set forth in this paragraph shall be subject to all the provisions of this Order regarding "Confidential" Information, and shall be further subject to the restricted access set forth below in paragraph 6. Care shall be taken by the party producing discovery to use the designation "ATTORNEYS EYES ONLY" only where necessary to fairly protect the business of the impacted party.

5. No persons other than those within the categories listed below shall be permitted to have access to Confidential Information without the written consent of the producing party, through its respective legal counsel. Confidential Information shall be used by the receiving parties solely in connection with this Action. The receiving parties shall not produce, disclose, show, make available, discuss, or otherwise communicate Confidential Information in any way to any person except as follows:

a. Counsel for the parties and their support personnel whose functions require access to such material;

b. Not more than three Company representatives for each party, who have been designated as such ...

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