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Inphi Corp. v. Netlist

September 27, 2010

INPHI CORPORATION, A DELAWARE CORPORATION, PLAINTIFF,
v.
NETLIST, INC., A DELAWARE CORPORATION, DEFENDANT.



The opinion of the court was delivered by: Carla M. Woehrle United States Magistrate Judge

STIPULATED PROTECTIVE ORDER AS MODIFIED BY THE COURT Courtroom: 14

Judge: Hon. A. Howard Matz

[PROPOSED] STIPULATED PROTECTIVE ORDER

The parties hereto, by their respective counsel, have determined that certain documents, testimony and information to be provided or produced in this action may possess confidential, proprietary trade secret or otherwise competitively sensitive information, and desiring to obtain a Protective Order entered by this Court to protect such information from unnecessary disclosure, hereby STIPULATE AND AGREE, subject to this Court's approval and Fed. R. Civ. P. Rule 26(c), that the following provisions shall govern the handling of such confidential information and documents in the above captioned matter:

INFORMATION SUBJECT TO THIS ORDER

Discovery materials and information produced in this case may be labeled as one of two categories: CONFIDENTIAL and CONFIDENTIAL ATTORNEYS' EYES ONLY, as set forth in Items A-B below. The two identified categories of information shall be identified collectively in this Order by the title "Protected Information." Any document derived from or containing "Protected Information" must also be designated with the appropriate category of confidentiality, according to the terms of this Order. Any discovery materials and information produced in this lawsuit as CONFIDENTIAL or CONFIDENTIAL ATTORNEYS' EYES ONLY may be used only for purposes of this litigation.

A. Information Designated as "Confidential"

The term "Confidential Information" as used in this Order shall mean all information or material produced for or disclosed to a Receiving Party that the Producing Party, including any party to this action and any non-party producing information or material voluntarily or pursuant to a subpoena or court order, considers to constitute or to contain trade secrets or other confidential research and development, technical, sales, marketing, financial, personnel, customer, vendor, or other commercial information, whether embodied in physical objects, documents, or the factual knowledge of persons, and which has been so designated by the Producing Party. Such information may include customer lists, sales records, invoices, price lists, blueprints, circuit diagrams, Source Code, block diagrams, process flow diagrams, manufacturing instructions, specifications, standard operating procedures, planning documents, market surveys, competitive intelligence, test methods, or other documents referring to, reflecting, and/or incorporating the foregoing. The term "trade secret" shall be defined according to the definition in California Civil Code § 3426.1 as "information, including a formula, pattern, compilation, program, device, method, technique, or process, that:

(1) Derives independent economic value, actual or potential, from not being generally known to the public or to other persons who can obtain economic value from its disclosure or use; and (2) Is the subject of efforts that are reasonable under the circumstances to maintain its secrecy."

1. Any document or tangible thing containing or including any Confidential Information may be designated as such by the Producing Party by marking it "CONFIDENTIAL" prior to or at the time copies are furnished to the Receiving Party.

2. All Confidential Information not reduced to documentary, tangible or physical form or which cannot be conveniently designated as set forth in paragraph 2, shall be designated by the Producing Party by informing the Receiving Party of the designation in writing.

3. Except as otherwise provided elsewhere in this protective order and/or in any supplemental protective order entered in this matter, any documents (including physical objects) other than Source Code made available for inspection by counsel for the Receiving Party prior to producing copies of selected items shall initially be considered, as a whole, to constitute Confidential Attorneys' Eyes Only information and shall be subject to this Order. Thereafter, the Producing Party shall have a reasonable time to review and designate the appropriate documents as CONFIDENTIAL, or CONFIDENTIAL ATTORNEYS' EYES ONLY, whereas Source Code must be initially designated as CONFIDENTIAL ATTORNEYS' EYES ONLY-SOURCE CODE.

4. Documents and information designated CONFIDENTIAL by a Producing Party may be disclosed or provided by a Receiving Party only to:

a. The Court;

b. Court personnel, mediators, special masters, discovery referees, and court reporters and videographers recording testimony in this action;

c. Outside counsel for the named parties and employees of such counsel to whom it is necessary that the Confidential Information be disclosed for purposes of this litigation;

d. up to two (2) in-house counsel with responsibility for managing or evaluating its participation in this litigation, and up to five (5) non-attorney officers, directors, and employees to whom disclosure is reasonably necessary for this litigation, following identification of each in-house counsel, employee or officer to each of the other parties, and provided that (1) prior to disclosure of such discovery material to any such individual, outside litigation counsel for the receiving party first obtains from such individual a signed Undertaking attached here to as Exhibit A, (2) such outside litigation counsel maintains a copy of such Undertaking and produces a copy of such Undertaking to counsel for each of the other parties within seven (7) calendar days after execution;

e. Outside consultants and experts assisting counsel in this litigation, subject to the provisions of paragraphs 22 to 26 below who have executed the Undertaking attached hereto as Exhibit A;

f. Employees of copying, imaging, and computer services for the purpose of copying, imaging, or organizing documents;

g. With respect to a particular document, an individual who is shown on the face of the document to have been an author, addressee, or recipient of that document;

h. Graphics, translation, or design services retained by counsel for purposes of preparing demonstrative or other exhibits for depositions, trial, or other court proceedings in the action; and

i. Any other person upon the prior written agreement of the Producing Party (which agreement may be recorded in a deposition or other transcript).

B. Information Designated as "Attorneys' Eyes Only"

5. The term "Attorneys' Eyes Only" as used in this Order means Confidential Information that the producing party believes in good faith constitutes, contains and/or reflects sensitive information that would not be adequately protected under the procedures set forth herein for Confidential Information designated as "CONFIDENTIAL." For instance, documents containing competitively sensitive trade secrets, or other confidential or proprietary business and/or personal information, the disclosure of which to other parties or third parties would competitively disadvantage the producing party, may be designated as "CONFIDENTIAL ATTORNEYS' EYES ONLY." Such information may include customer lists, sales records, invoices, price lists, blueprints, circuit diagrams, Source Code, block diagrams, process flow diagrams, manufacturing instructions, specifications, standard operating procedures, planning documents, market surveys, competitive intelligence, test methods, or other documents referring to, reflecting, and/or incorporating the foregoing.

6. Documents and information designated CONFIDENTIAL ATTORNEYS' EYES ONLY by a Producing Party may be disclosed or provided by a Receiving Party only to:

a. The Court;

b. Court personnel, mediators, special masters, discovery referees, and court reporters and videographers recording testimony in this action;

c. Outside counsel for the named parties and employees of such counsel to whom it is necessary that the Confidential Attorney's Eyes Only Information be disclosed for purposes of this litigation;

d. Outside consultants and experts assisting counsel in this litigation, subject to the provisions of paragraphs 22 to 26 below, who have executed the Agreement attached hereto as Exhibit A;

e. Employees of copying, imaging, and computer services for the purpose of copying, imaging, or organizing documents;

f. With respect to a particular document, an individual who is shown on the face of the document to have been an author, addressee or recipient of that document;

g. Graphics, translation, or design services retained by counsel for purposes of preparing demonstrative or other exhibits for depositions, trial, or ...


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