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Cybersitter, LLC, A California Limited Liability Company, D/B/A Solid v. the People's Republic of China

March 23, 2011

CYBERSITTER, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, D/B/A SOLID OAK SOFTWARE, PLAINTIFF,
v.
THE PEOPLE'S REPUBLIC OF CHINA, A FOREIGN STATE;
ZHENGZHOU JINHUI COMPUTER SYSTEM ENGINEERING LTD., A CHINESE CORPORATION; BEIJING DAZHENG HUMAN LANGUAGE TECHNOLOGY ACADEMY LTD., A CHINESE CORPORATION; SONY CORPORATION, A JAPANESE CORPORATION;
LENOVO GROUP LIMITED, A CHINESE CORPORATION;
TOSHIBA CORPORATION, A JAPANESE CORPORATION; ACER INCORPORATED, A TAIWANESE CORPORATION;
ASUSTEK COMPUTER INC., A TAIWANESE CORPORATION; BENQ CORPORATION, A TAIWANESE CORPORATION; HAIER GROUP CORPORATION, A CHINESE CORPORATION;
DOES 1-10, INCLUSIVE, DEFENDANTS.



The opinion of the court was delivered by: Hon. Stephen J. Hillman United States District Magistrate Judge

DISCOVERY MATTER PROTECTIVE ORDER

Magistrate Judge: Hon. Stephen J. Hillman Ctrm: 550 (Roybal Building)

Discovery Cutoff: Dec. 2, 2011 Motion Cutoff: Jan. 23, 2012 Pretrial Conference: Feb. 27, 2012 Trial Date: Mar. 27, 2012 [Joint Stipulation of [Proposed] Protective Order lodged concurrently herewith] Plaintiff CYBERsitter, LLC d/b/a Solid Oak Software, ("Plaintiff"), and defendants Sony Corporation ("Sony"), ACER Incorporated ("Acer"), ASUSTeK Computer Inc. ("Asus") and BenQ Corporation ("BenQ") (collectively, "Defendants") are parties to the above-captioned litigation (hereinafter, the "Action"). Plaintiff and each of the Defendants are referred to herein as a "Party" and, collectively, as the "Parties."

The Parties believe that they will or may be required to produce or disclose in this Action, and that nonparties may produce or disclose, information that is trade secret, proprietary, confidential and/or is of a competitively sensitive nature and that, if disclosed in this Action without restriction on its use or further disclosure, may cause disadvantage, harm, damage and loss to the disclosing Party or to the disclosing nonparty.

In particular, without prejudice to any Party's right to object to or resist disclosure of such categories of information on relevance or any other grounds, the Parties currently anticipate that categories of such trade secret, proprietary, confidential and/or private or competitively sensitive documents and other information that may be disclosed in discovery by certain Parties and/or by nonparties will or may include, for example:

(a) Confidential information regarding the identities of a Party's suppliers, distributors, or present or prospective customers;

(b) Confidential technical and financial information and financial data that is not known generally to the trade or to competitors, including financial data relating to marketing, sales, cost and profit information;

(c) The specific terms of agreements with, and information received from, third parties that a Party is required to disclose only under conditions of confidentiality;

(d) Business plans and/or strategic product information that are not known generally to the trade or to competitors, including non-public information relating to marketing and product promotion; and

(e) Personnel files and other private or confidential employment information. WHEREFORE, believing that good cause exists, the Parties have stipulated that, and the Court HEREBY orders, that the following procedures shall be followed in this Action to facilitate the orderly and efficient discovery of relevant information while minimizing the potential for unauthorized disclosure or use of confidential or proprietary information:

1. This protective order shall apply to all information, documents, and things, including electronic files, subject to discovery or otherwise exchanged by the Parties or submitted to the Court in this Action that are owned or controlled by a Party and believed by the Party to contain its trade secrets or other confidential information, including but not limited to confidential research, development, strategic, financial or commercial information, including, without limitation, testimony adduced at depositions upon oral examination or upon written questions, answers to interrogatories, documents and things produced, information obtained from inspection of premises or things, and answers to requests for admission. The term DESIGNATED MATERIAL shall include all the foregoing and all information, documents, and things derived therefrom, including, but not limited to, copies, summaries, or abstracts thereof.

2. Information may not be designated as subject to any form of protection if it (a) is, or becomes, public knowledge, as shown by publicly available writings, other than through violation of the terms of this document; (b) is acquired by a non-designating Party or non-party witness from a third party lawfully possessing such information and having no obligation to the owner of the information; (c) was lawfully possessed by a non-designating Party or non-party witness prior to the opening of discovery in this proceeding, and for which there is written evidence of the lawful possession; (d) is disclosed by a non-designating Party or non-party witness legally compelled to disclose the information; or (e) is disclosed by a non-designating Party with the approval of the designating Party.

3. The Parties shall label or mark documents and things that they deem to be DESIGNATED MATERIALS, at the time of production, with the legend "CONFIDENTIAL" or "CONFIDENTIAL-ATTORNEYS' EYES ONLY" (or similar designation) on every page produced or, if the entire document is to be treated as DESIGNATED MATERIALS, on the first page of the document with an indication that the designation applies to the entire document. In the case of electronic files, the designation may be included: in the file name; in the folder name, if all files in the folder are DESIGNATED MATERIALS; or on the physical medium containing the electronic files if all files contained on the physical medium are DESIGNATED MATERIALS.

4. Prior to disclosure of protected information by any Party or its attorney to any individual not already provided access to such information by the terms of this order, the individual shall be informed of the existence of this order and provided with a copy to read. The individual will then be required to certify in writing that the order has been read and understood and that the terms shall be binding on the individual. No individual shall receive any protected information until the Party or attorney proposing to disclose the information has received the signed certification from the individual. A form for such certification is attached to this order as Exhibit A. The Party or attorney receiving the completed form shall retain the original.

5. If any document or information designated DESIGNATED MATERIAL by the Parties hereunder is disclosed, through inadvertence or otherwise, to any person not entitled to receive that document or information, such disclosure shall not result in forfeiture or limitation of the protections of this Order, or remedies for violation of this Order. Any such recipient shall automatically be bound by this Order and such person:

(a) Shall promptly be informed of all the provisions of this Order by the Party who discovers the improper disclosure and asked to return all copies of improperly received DESIGNATED MATERIAL;

(b) Shall be identified immediately to all other Parties; and

(c) Shall be requested to sign a Consent attached as Exhibit A, which signed Consent shall be served on the opposing Parties.

6. If, through inadvertence, a person produces any DESIGNATED MATERIALS pursuant to this litigation without marking the information with the appropriate confidentiality label, the producing person may subsequently request that the receiving Party treat previously produced documents, information, or things as DESIGNATED MATERIALS by notifying the receiving Party of the error and sending copies appropriately marked. Upon receipt of such notice, the receiving Party will comply with the request to the extent that the documents, information, or things or contents thereof have not already been disclosed beyond those permitted access in paragraphs 9 and 10 below, and if the documents, information, or things have been disclosed beyond those permitted access in paragraphs 9and 10 below, the receiving Party will use its best efforts to recall any such distributed copies.

7. Parties may designate as DESIGNATED MATERIAL deposition testimony by identifying portions of any transcript (including exhibits) which contain DESIGNATED MATERIAL and making a statement on the record or designating the confidential portions within thirty (30) days after counsel's receipt of the transcript. Pending such designation by counsel, the entire deposition transcript, including exhibits, shall be deemed "CONFIDENTIAL-ATTORNEYS' EYES ONLY"; if no designation is made within ...


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