The opinion of the court was delivered by: Hon. Jacqueline Chooljian Magistrate Judge of the U.S. District Court Central District of California
AND RELATED COUNTERCLAIMS
JOINT STIPULATED PROTECTIVE ORDER Judge: Hon. Jacqueline Chooljian Place: Courtroom 20 Discovery Cutoff: July 29, 2011 Pretrial Conference: January 9, 2012 Trial: January 24, 2012
1.Purposes And Limitations
1.1 Good Cause Exists: The parties recognize that disclosure and discovery activity during the course of this action may require each party, and possibly third-parties, to produce or otherwise reveal highly sensitive, confidential, proprietary, or private information, including the disclosure of trade secrets*fn1 and other confidential research, development, commercial, or financial information that is purposely protected from disclosure to the public. The parties represent that the party producing such information and/or the party such information pertains to would suffer irreparable injury if the information identified above were made available to the public. The parties represent that the Producing Party's*fn2 interest in restricting the disclosure and use of the information identified above outweighs the interest of the public in having access to such information. Thus, the parties believe that good cause exists for entry of this Joint Stipulated Protective Order ("Protective Order") pursuant to Rule 26(c) of the Federal Rules of Civil Procedure to protect against improper disclosure or use of confidential information produced or disclosed in this action.
1.2 Stipulation: The parties, through counsel, hereby stipulate to and petition the Court to enter the following Protective Order. The parties acknowledge that this Protective Order shall govern the handling of documents, tangible objects, materials or things, deposition testimony, deposition exhibits, and all other written records, electronic data, or graphic matters produced after the date of this Protective Order, whether produced pursuant to any applicable rules, written discovery requests or subpoenas, and/or used during the trial or any proceeding in this action to the extent authorized by the court presiding over such trial or such other proceeding in this action. The parties acknowledge that the applicability of this Protective Order may be eliminated entirely or changed by the Court with respect to the handling and presentation of evidence at trial in this matter. This Protective Order, however, does not confer blanket protections on all disclosures or responses to discovery, and that the protection it affords extends only to the limited information or items that are entitled under the applicable legal principles to treatment as confidential.
2.1.Party: Any party to this action, including all of its officers, directors, employees, consultants, retained experts and Outside Counsel (and their support staff).
2.2.Disclosure or Discovery Material: All items or information, regardless of the medium or manner generated, stored or maintained (including, among other things, answers to interrogatories, responses to requests for admission, depositions, expert reports, briefs, memoranda, writings filed with or otherwise supplied to the Court, testimony, transcripts, or tangible things) that are produced or generated in disclosures or responses to discovery in this action.
2.3."Confidential" Material: Information that has not been made public and that concerns or relates to the trade secrets, processes, operations, style of work, or apparatus, or to the production, sales, shipments, purchases, transfers, identification of customers, inventories, amount or source of any income, profits, losses, or expenditures of any person, firm, partnership, corporation, or other organization, the disclosure of which information is likely to cause injury to the Designating Party*fn3 or to the party to whom the information is confidential.
2.4."Highly Confidential-Outside Counsel Only" Material: Extremely sensitive "Confidential" Material, the disclosure of which to another Party or non-Party would create a substantial risk of serious injury to the party to whom the information is confidential that could not be avoided by less restrictive means.
2.5.Receiving Party: A Party or non-Party that receives Disclosure or Discovery Material.
2.6.Producing Party: A Party or non-Party that discloses or produces Disclosure or Discovery Material in this action.
2.7.Designating Party: A Party or non-Party that designates Disclosure or Discovery Material as "Confidential" or "Highly Confidential-Outside Counsel Only." Third Parties producing Disclosure or Discovery Material pursuant to a subpoena shall have all rights granted to Designating Parties.
2.8.Challenging Party: A Party or non-Party that challenges the designation of information or items produced by the Designating Party or the disclosure of Protected Material to a Technical Expert.
2.9.Protected Material: Any Disclosure or Discovery Material that is designated as "Confidential" or "Highly Confidential-Outside Counsel Only."
2.10.Confidentiality Designations: "Confidential" or "Highly Confidential-Outside Counsel Only."
2.11.Outside Counsel: Attorneys who are not employees of a Party but who are retained to represent or advise a Party in this action (as well as their support staffs).
2.12.House Counsel: Attorneys who are employees of a Party.
2.13.Counsel (without qualifier): Outside Counsel and House Counsel.
2.14.Expert: A person who has been retained by a Party or its Counsel to serve as an expert witness or as a consultant in this action and who is not a past or current employee of a Party and who, at the time of retention, is not anticipated to become an employee of a Party.
2.15.Technical Expert: A person who has been retained by a Party or its Counsel to serve as an expert witness or as a consultant in this action who may opine about claim construction, the infringement/non-infringement, and/or the validity/invalidity of the patents-in-suit and who is not a past or current employee of a Party and who, at the time of retention, is not anticipated to become an employee of a Party.
2.16.Professional Vendors: Persons or entities that provide litigation support services (e.g. photocopying; videotaping; translating; preparing exhibits or demonstratives; organizing, storing, retrieving data in any form or medium) and their employees and subcontractors. This definition includes a professional jury or trial consultant retained in connection with this litigation.
2.17.Final Disposition: For purposes of this Protective Order, final disposition occurs after a judgment, settlement agreement, an order, mandate, or dismissal finally terminating the above-captioned action with prejudice, including all appeals, or a dismissal without prejudice in which a new pleading alleging substantially the same claims is not re-filed within ninety (90) calendar days.
The protections conferred by this Protective Order cover not only Protected Material (as defined above), but also any information copied or extracted therefrom, as well as copies, excerpts, summaries or compilations thereof, plus testimony, conversations or presentations by Parties or Counsel in Court or in other settings in which Protected Material is revealed, except as delineated in Paragraph 10.4, and, with respect to matters presented in or to the Court, except as may be determined by the Court presiding over the matter/hearing in issue.
Even after Final Disposition of this action as set for in Section 2.17 (above), the confidentiality obligations imposed by this Protective Order shall remain in effect with respect to all Protected Material until the Designating ...