The opinion of the court was delivered by: Hon. Manuel L. Real
Kurt J. Niederluecke (admitted pro hac vice) email@example.com James R. Mayer (admitted pro hac vice) firstname.lastname@example.org Laura L. Myers (admitted pro hac vice) email@example.com FREDRIKSON & BYRON, PA 200 South Sixth Street, Ste. 4000 Minneapolis, MN 55402 Telephone: 612-492-7000 Facsimile: 612-492-7077 Craig S. Summers (Bar No. 108,688) firstname.lastname@example.org Nicholas M. Zovko (Bar No. 238,248) email@example.com KNOBBE, MARTENS, OLSON & BEAR, LLP 2040 Main Street, 14th Floor Irvine, CA 92614 Telephone: 949-760-0404 Facsimile: 949-760-9502 Attorneys for Plaintiff DESPATCH INDUSTRIES LIMITED PARTNERSHIP
STIPULATED PROTECTIVE ORDER
Plaintiff DESPATCH INDUSTRIES LIMITED PARTNERSHIP ("Plaintiff") and Defendant TP SOLAR, INC. ("Defendant") agree that disclosure and discovery activity in the above-captioned lawsuit are likely to involve production of confidential, proprietary, and/or private information for which special protection from public disclosure and from use for any purpose other than prosecuting this litigation would be warranted. Such information likely will include, among other things, sensitive product information, research and testing information, product design and development materials, engineering materials, supplier and vendor information, manufacturing and shipping information, marketing and sales information, purchase orders, invoices, and customer information relating to infrared furnaces and related equipment for heat treatment of Silicon wafers (collectively, the "Sensitive Information").
Plaintiff and Defendant (collectively, the "parties," or singularly, a "party") respectfully believe that good cause exists to enter the instant Protective Order in order to protect the Sensitive Information from public disclosure. The Sensitive Information includes information and data that could be used by actual or potential competitors, including the other party, to gain an improper and unlawful competitive advantage in the marketplace. For example, the Sensitive Information includes, among other things, confidential information regarding the parties' business strategy, operations and plans, financial and ownership information, proprietary technical information, and employee and customer information.
The parties are competitors in the design, manufacture, and sale of continuous infrared furnaces for treating Silicon wafers converted into solar cells for assembly into solar panels and other materials that can benefit from controlled infrared radiation treatment. Due to the competitive relationship between the parties, it is highly likely that disclosure of the Sensitive Information of one party, especially that party's research, product design, development, financial, sales, and customer information regarding infrared furnaces and related equipment, will provide an improper or unlawful competitive advantage to the other party. This Protective Order is necessary to prevent such harm to each of the parties. The parties have attempted to draft this Protective Order narrowly and in a manner no more restrictive than necessary to protect the Sensitive Information from public disclosure.
IT IS HEREBY STIPULATED and agreed by and between counsel for the parties that the terms and conditions of this Stipulated Protective Order shall be entered as follows:
1. As used in this Protective Order, these terms have the following meanings:
a. "Attorneys" means counsel of record;
b. "Confidential" documents are documents designated pursuant to paragraph 2;
c. "Highly Confidential -- Attorneys Eyes Only" documents are the subset of Confidential documents designated pursuant to paragraph 5;
d. "Documents" are all materials within the scope of Fed. R. Civ.
e. "Written Assurance" means an executed document in the form attached as Exhibit A.
2. By identifying a document "Confidential," a party may designate any document, including interrogatory responses, other discovery responses, or transcripts, that it in good faith contends to constitute or contain trade secret business and technical information, including but not limited to: business strategy, operations and plans; financial and ownership information; sales, profits, costs, shipping and customer information; vendor and supplier information; intellectual property information; research and technical information about products and processes including blueprints, CAD drawings, schematics, lay outs, manufacturing and assembly plans, operations and drawings; process operations; parts, equipment and services supplier and vendor information; labor, employee and sales representative information, or other confidential information entitled to protection under 26(c)(1)(G) of the Federal Rules of Civil Procedure.
A party may not designate as "Confidential" any document or information that:
a. at the time of the production or disclosure, is publicly available as evidenced by: (1) a citation ...