STIPULATION AND PROTECTIVE ORDER
AND RELATED COUNTER AND CROSS-CLAIMS
Pursuant to the Federal Rules of Civil Procedure and it appearing that discovery in the above-entitled action is likely to involve the disclosure of confidential information, IT IS HEREBY STIPULATED AND AGREED by and between the parties hereto, by and through their counsel of record, as follows:
1. In order that confidential financial, technical, developmental, commercial, and proprietary information and trade secrets are protected pursuant to the Federal Rules of Civil Procedure, this Protective Order will govern any document, material, item, testimony, or thing filed with or presented to the Court or produced, served, or generated during the discovery process which contains or comprises any confidential financial, technical, developmental, commercial, or proprietary information or trade secrets.
2. "Confidential" information shall consist of confidential technical, research, developmental, commercial, business, employment, financial, or other proprietary information which is nonpublic or is restricted from disclosure by obligations with a non-party (such as a customer) and which the designating party reasonably believes is of such a particularly sensitive nature and character that the unlimited disclosure thereof to others would be harmful to the designating party or its business, to a non-party (such as a customer) or its business, or would provide the receiving party with a competitive advantage over the designating party. Any information derived from Confidential information also constitutes Confidential information to the extent the derived information embodies, contains, or discloses any Confidential information.
3. Nothing shall be regarded as Confidential information that: (a) is in the public domain at the time of disclosure; (b) becomes part of the public domain, through no act, fault, or failure of the receiving party; (c) is already lawfully in the receiving party's possession at the time of disclosure through no act, fault, or failure of the disclosing party; (d) is received at a later date by the receiving party from a third party who has the right to make such a disclosure; or (e) is independently developed by the receiving party by persons without access to such Confidential information.
4. Any party may declare that any paper, document, record, pleading, response to discovery, deposition testimony, or other material contains information belonging to it or a non-party which contains information which is Confidential information. Non-parties who have been subpoenaed to testify or produce documents may likewise declare that any deposition testimony or document or thing produced contains information which is Confidential information, and such non-parties shall have the same rights and obligations with respect to such information as the parties hereto.
5. All Confidential information produced or revealed by the parties or non-parties in the course of this litigation shall be used solely for the purpose of this litigation, and for no other purpose, and shall not be disclosed to any person except in accordance with the terms of this Protective Order.
6. Access to Confidential information shall be limited to those individuals identified in the following paragraph 7 and the Court, the jury and alternate jurors empanelled by the Court in this action, employees of the Court, Court reporters who transcribe depositions in this case, and videographers who videotape depositions in this case.
7. Access to the Confidential information of designating parties, or compilations, extracts, or summaries of such Confidential information is limited to
(a) the outside attorneys of record in this case; (b) persons employed in secretarial, clerical, or paralegal capacities in the offices of outside attorneys of record who are assisting such outside attorneys of record; (c) outside vendors providing photocopying, scanning, stenography, videography, and graphics assistance to attorneys of record who agree to be bound by the terms of this Order, and not including any mock jury or jury consultants; (d) "Qualified Experts" (as defined below) retained to assist in this litigation; (e) secretarial or clerical employees of Qualified Experts who are assisting Qualified Experts in this action who agree to be bound by the terms of this Order, (f) authors, creators and previous recipients of Confidential information, and (g) parties to this lawsuit.
8. Persons having access to Confidential information identified in paragraphs 7(d) and 7(g) shall be shown a copy of this Protective Order and must review and sign an "Acknowledgment," in substantially the same form as Exhibit "A" attached hereto stating that they agree to be bound by its terms prior to any disclosure of such information. The party utilizing such persons must maintain a copy of the signed Acknowledgment and provide a copy to counsel for the other parties to this litigation within thirty (30) days of termination of this litigation in its entirety.
9. Any outside (i.e., non-employee) expert witness or consultant of a party may become a Qualified Expert if that expert witness or consultant executes the "Acknowledgment" in the form attached hereto as Exhibit "A."
10. Each party's respective outside attorneys of record shall retain the original of each Acknowledgment executed by their Qualified Experts and client.
11. Qualified Experts and parties to this lawsuit shall be responsible for their employees' compliance ...