The opinion of the court was delivered by: The Honorable Oswald Parada United States Magistrate Judge
Marc E. Hankin (S.B. No. 170505) firstname.lastname@example.org Kevin Schraven (S.B. No. 259446) HANKIN PATENT LAW, APC 6404 Wilshire Boulevard, Suite 1020 Los Angeles, CA 90048-5512 Tel: (323) 944-0206/Fax: (323) 944-0209 Attorneys for Plaintiff, QC MANUFACTURING, INC. James E. Doroshow (S.B. No. 112920) email@example.com FOX ROTHSCHILD LLP 1800 Century Park East, Suite 300 Los Angeles, CA 90067 Tel: (310) 228-6990/Fax: (310) 556-9828 Attorneys for Defendants, AIRSCAPE, INC., HVACQUICK.COM, and NEIL B. SMITH
AND RELATED COUNTERCLAIMS.
[Complaint Filed on 8/18/10] STIPULATED PROTECTIVE ORDER RE: DISCOVERY
Assigned for all Purposes: Judge George Wu Courtroom: 10 U.S. Magistrate Judge Oswald Parada Courtroom: 3 Discovery Cutoff: August 29, 2011 Motion Cutoff: November 7, 2011 Trial Date: January 24, 2012 Complaint Filed: August 18, 2010
WHEREAS, Plaintiff-Counterdefendant QC Manufacturing, Inc.
("Plaintiff") and Defendants-Counterclaimants Airscape, Inc.,
HVACQUICK.COM, and Neil B. Smith (collectively, "Defendants") enter
into this Stipulated Protective Order Re:
Discovery with reference to the following facts and representations;
A.This is an action between business competitors. Plaintiff sued Defendants for Infringement of U.S. Patent No. 7,497,774 ("the '774 patent").
B.The claims, defenses and damages arising from the allegation of patent infringement may require the Parties to disclose their sales information, customer lists, patent prosecution documents, patent valuation documents, communications with third parties, financial information concerning revenue and expenses, and/or other confidential and proprietary information. The Parties deem such information proprietary and confidential providing them with competitive advantage relative to each other and third parties offering similar or related products and services. The Parties wish to protect such confidential information from unnecessary disclosure.
IT IS HEREBY STIPULATED AND AGREED, by and among Plaintiff and Defendants, and their respective Counsel of Record, subject to the approval of this Honorable Court, as follows:
1. This Protective Order shall apply only to the Confidential Information defined below contained in documents or testimony that a Party discloses voluntarily or under Court Order.
2. "Confidential Material" shall mean and refer to information and material constituting or containing sales information, customer lists, patent prosecution documents, patent valuation documents, communications with third parties, financial information concerning revenue and expenses, and/or other confidential and proprietary information of the Parties.
3. Any Confidential Material or any document or thing containing Confidential Material that a Designating Party wishes to be made subject to this Protective Order shall be marked or labeled as "CONFIDENTIAL INFORMATION" at the time that it is produced or disclosed to the receiving party. Any CONFIDENTIAL INFORMATION produced prior to this Order may be designated as such upon entry of it. Any copy made of such Confidential Material shall likewise be marked or labeled as "CONFIDENTIAL INFORMATION."Whenever a Deposition involves the disclosure of Confidential Material, the following procedure shall be implemented:
(a) At the request of the designating party, the Court Reporter shall mark those pages including Confidential Material. Such request shall be made on the record whenever possible, but any Party may designate portions of the Transcripts of Depositions as containing Confidential Material after transcription, as in the case of any other document or thing, provided that written notice of such designation is given to all other Parties within ten (10) days of receipt of the Transcript. Following such notice, the Parties shall confer as to the most clear and convenient way to segregate the designated portion(s) of the transcript. The Parties shall not disseminate any Deposition Transcript or copy thereof beyond the persons identified in Paragraph 7 of this Protective Order for a period of fourteen (14) days after receipt in order to provide sufficient time for notice of designation(s) of Confidential Material. Notwithstanding the foregoing, Deposition Transcripts or portions thereof may, at any time, be filed under seal with the Court and used in accordance with Paragraph 6 of this Protective Order.
(b) The cover of any Deposition Transcript that contains Confidential Material shall be prominently marked or labeled as "CONFIDENTIAL INFORMATION." All portions of Deposition Transcripts designated as Confidential Material shall be sealed and may be disseminated only to those persons identified in Paragraph 7 of this Protective Order.
4. Whenever an electronic filing with the Clerk of the Court and/or submission to the Court involves the disclosure of Confidential Material, the Parties will follow the procedures provided in L.R. 79-5.
5. Confidential Material shall be maintained in confidence according to the terms of this Protective Order, may be disclosed only as provided in Paragraphs 7 and 8, and shall be used only in connection with the preparation, trial, and appeal of this action.
6. Confidential Material may be disclosed to: (a) any employee of the designating party; (b) any former employee of the designating party who was involved with the matters to which the Confidential Material relates or refers; (c) any person or entity who authored or received the Confidential Material prior to its production or disclosure in this action; (d) the Court, its personnel, and the jury in this action; (e) Counsel for the Parties, including their necessary support personnel; (f) persons or entities providing photocopying, imaging, or database services to Counsel for the Parties in connection with this action; (g) Court Reporters and Videographers engaged for Depositions, inspections, and other proceedings in this action; (h) persons or entities engaged by a Party or Counsel for a Party to provide jury or trial consulting services, provided that, prior to receiving Confidential Materials, such persons or entities execute an undertaking in the form attached as EXHIBIT A, agreeing to be bound by the terms of this Protective Order; (i) mock jurors or focus group members, provided that, prior to receiving Confidential Materials, such persons execute an undertaking in the form attached as EXHIBIT B, agreeing to be bound by the terms of this Protective Order; and (j) persons or entities engaged by a Party or Counsel for a Party to prepare graphic or visual aids, or demonstrative exhibits, provided that, prior to receiving Confidential Materials, such persons or entities execute an undertaking in the form attached as EXHIBIT A, agreeing to be bound by the terms of this Protective Order.
7. In addition to those persons identified in Paragraph 7, and subject to the following conditions, Confidential Material may be disclosed to experts and other non-party consultants assisting ...