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Socialapps, LLC, D/B/A Take(5)Social and Playsocial, A v. Zynga Inc.

April 12, 2012

SOCIALAPPS, LLC, D/B/A TAKE(5)SOCIAL AND PLAYSOCIAL, A CALIFORNIA COMPANY, PLAINTIFF,
v.
ZYNGA INC., A CALIFORNIA CORPORATION; ZYNGA GAME NETWORK, INC., A CALIFORNIA CORPORATION; AND DOES 1 THROUGH 10, INCLUSIVE,
DEFENDANTS.



The opinion of the court was delivered by: Hon. Yvonne Gonzalez Rogers

QUINN EMANUEL URQUHART & SULLIVAN, LLP Claude M. Stern (Bar No. 96737) claudestern@quinnemanuel.com Rachel Herrick Kassabian (Bar No. 191060) 3 rachelkassabian@quinnemanuel.com Timothy Butler (Bar No. 262962) 4 timothybutler@quinnemanuel.com 555 Twin Dolphin Drive, 5th Floor 5 Redwood Shores, California 94065-2139 Telephone: (650) 801-5000 Facsimile: (650) 801-5100 7 Attorneys for Defendant ZYNGA INC. 8

STIPULATED PROTECTIVE ORDER

1. PURPOSES AND LIMITATIONS

Disclosure and discovery activity in this action are likely to involve production of 23 confidential, proprietary, or private information for which special protection from public 24 disclosure and from use for any purpose other than prosecuting this litigation may be warranted. 25

Accordingly, the parties hereby stipulate to and petition the court to enter the following Stipulated 26 Protective Order. The parties acknowledge that this Order does not confer blanket protections on 27 all disclosures or responses to discovery and that the protection it affords from public disclosure 28 and use extends only to the limited information or items that are entitled to confidential treatment under the applicable legal principles. The parties further acknowledge, as set forth in Section 14.3, 2 below, that this Stipulated Protective Order does not entitle them to file confidential information 3 under seal; Civil Local Rule 79-5 and General Order 62 set forth the procedures that must be 4 followed and the standards that will be applied when a party seeks permission from the court to 5 file material under seal. 6

information or items under this Order.

generated, stored or maintained) or tangible things that qualify for protection under Federal Rule 11 of Civil Procedure 26(c).

well as their support staff).

CONFIDENTIAL -- ATTORNEYS' EYES ONLY" information in this matter.

17 produces in disclosures or in responses to discovery as "CONFIDENTIAL" or "HIGHLY 18 CODE." 20

medium or manner in which it is generated, stored, or maintained (including, among other things, 22 testimony, transcripts, and tangible things), that are produced or generated in disclosures or 23 responses to discovery in this matter. 24

2.7 Expert: a person with specialized knowledge or experience in a matter pertinent to 25 the litigation who (1) has been retained by a Party or its counsel to serve as an expert witness or as 26 a consultant in this action, (2) is not a past or current employee, contractor, or agent of a Party or 27 of a Party's competitor, and (3) at the time of retention, is not anticipated to become an employee, 28 contractor, or agent of a Party or of a Party's competitor. For the purposes of this provision only,

2. DEFINITIONS

2.1 Challenging Party: a Party or Non-Party that challenges the designation of 2.2 "CONFIDENTIAL" Information or Items: information (regardless of how it is 2.3 Counsel (without qualifier): Outside Counsel of Record and House Counsel (as 2.4 Designated House Counsel: House Counsel who seek access to "HIGHLY

15

2.5 Designating Party: a Party or Non-Party that designates information or items that it

CONFIDENTIAL -- ATTORNEYS' EYES ONLY" or "HIGHLY CONFIDENTIAL -- SOURCE 19

2.6 Disclosure or Discovery Material: all items or information, regardless of the any person who has served or anticipates serving a Party or a Party's competitor only as an expert 2 or a consultant in litigation matters shall not be considered an employee, contractor, or agent of a 3

2.8 "HIGHLY CONFIDENTIAL -- ATTORNEYS' EYES ONLY" Information or

Items: extremely sensitive "Confidential Information or Items," disclosure of which to another 6

Party or Non-Party would create a substantial risk of serious harm that could not be avoided by 7 less restrictive means. 8

9 sensitive "Confidential Information or Items" representing computer code and associated 10 comments and revision histories, formulas, engineering specifications, or schematics that define or 11 otherwise describe in detail the algorithms or structure of software or hardware designs, disclosure 12 of which to another Party or Non-Party would create a substantial risk of serious harm that could 13 not be avoided by less restrictive means. 14

Counsel does not include Outside Counsel of Record or any other outside counsel. 16

17 entity not named as a Party to this action. 18

19 action but are retained to represent or advise a party to this action and have appeared in this action 20 on behalf of that party or are affiliated with a law firm which has appeared on behalf of that party. 21

22 consultants, retained experts, and Outside Counsel of Record (and their support staffs). 23

Material in this action. 25

(e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and 27 organizing, storing, or retrieving data in any form or medium) and their employees and 28 subcontractors.

Party or a Party's competitor. 4

2.9 "HIGHLY CONFIDENTIAL -- SOURCE CODE" Information or Items: extremely 2.10 House Counsel: attorneys who are employees of a party to this action. House 2.11 Non-Party: any natural person, partnership, corporation, association, or other legal

2.12 Outside Counsel of Record: attorneys who are not employees of a party to this

2.13 Party: any party to this action, including all of its officers, directors, employees,

2.14 Producing Party: a Party or Non-Party that produces Disclosure or Discovery

2.15 Professional Vendors: persons or entities that provide litigation support services

"HIGHLY CONFIDENTIAL -- SOURCE CODE." 4

2.16 Protected Material: any Disclosure or Discovery Material that is designated as

"CONFIDENTIAL," or as "HIGHLY CONFIDENTIAL -- ATTORNEYS' EYES ONLY," or as 3

2.17 Receiving Party: a Party that receives Disclosure or Discovery Material from a

Producing Party. 6

3. SCOPE

The protections conferred by this Stipulation and Order cover not only Protected Material (as defined above), but also (1) any information copied or extracted from Protected Material; (2) 9 all copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony, 10 conversations, or presentations by Parties or their Counsel that might reveal Protected Material. 11

However, the protections conferred by this Stipulation and Order do not cover the following 12 information: (a) any information that is in the public domain at the time of disclosure to a 13

Receiving Party or becomes part of the public domain after its disclosure to a Receiving Party as a 14 result of publication not involving a violation of this Order, including becoming part of the public 15 record through trial or otherwise; and (b) any information known to the Receiving Party prior to 16 the disclosure or obtained by the Receiving Party after the disclosure from a source who obtained 17 the information lawfully and under no obligation of confidentiality to the Designating Party. Any 18 use of Protected Material at trial shall be governed by a separate agreement or order. 19

Even after final disposition of this litigation, the confidentiality obligations imposed by this

Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order 22 otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims 23 and defenses in this action, with or without prejudice; and (2) final judgment herein after the 24 completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, 25 including the time limits for filing any motions or applications for extension of time pursuant to 26 applicable law. 27

5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party

4. DURATION

or Non-Party that designates information or items for protection under this Order must take care to 2 limit any such designation to specific material that qualifies under the appropriate standards. To 3 the extent it is practical to do so, the Designating Party must designate for protection only those 4 parts of material, documents, items, or oral or written communications that qualify -- so that other 5 portions of the material, documents, items, or communications for which protection is not 6 warranted are not swept unjustifiably within the ambit of this Order. 7

8 shown to be clearly unjustified or that have been made for an improper purpose (e.g., to 9 unnecessarily encumber or retard the case development process or to impose unnecessary 10 expenses and burdens on other parties) expose the Designating Party to sanctions. 11

If it comes to a Designating Party's attention that information or items that it designated

12 for protection do not qualify for protection at all or do not qualify for the level of protection 13 initially asserted, that Designating Party must promptly notify all other parties that it is 14 withdrawing the mistaken designation. 15

(see, e.g., second Paragraph of section 5.2(a) below), or as otherwise stipulated or ordered, 17

Mass, indiscriminate, or routinized designations are prohibited. Designations that are

5.2 Manner and Timing of Designations. Except as otherwise provided in this Order

Disclosure or Discovery Material that qualifies for protection under this Order must be clearly so 18 designated before the material is disclosed or produced. 19

(a) for information in documentary form (e.g., paper or electronic documents, but

21 excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing Party 22 affix the legend "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL -- ATTORNEYS' EYES 23

ONLY" or "HIGHLY CONFIDENTIAL -- SOURCE CODE" to each page that contains protected 24 material. If only a portion or portions of the material on a page qualifies for protection, the 25

Producing Party also must clearly identify the protected portion(s) (e.g., by making appropriate 26 markings in the margins) and must specify, for each portion, the level of protection being asserted. 27

A Party or Non-Party that makes original documents or materials available for inspection

28 need not designate them for protection until after the inspecting Party has indicated which material

Designation in conformity with this Order requires:

it would like copied and produced. During the inspection and before the designation, all of the 2 material made available for inspection shall be deemed "HIGHLY CONFIDENTIAL -- 3

ATTORNEYS' EYES ONLY." After the inspecting Party has identified the documents it wants 4 copied and produced, the Producing Party must determine which documents, or portions thereof, 5 qualify for protection under this Order. Then, before producing the specified documents, the 6

CONFIDENTIAL -- ATTORNEYS' EYES ONLY" or "HIGHLY CONFIDENTIAL -- SOURCE 8

Producing Party must affix the appropriate legend ("CONFIDENTIAL" or "HIGHLY 7

CODE") to each page that contains Protected Material. If only a portion or portions of the material 9 on a page qualifies for protection, the Producing Party also must clearly identify the protected 10 portion(s) (e.g., by making appropriate markings in the margins) and must specify, for each 11 portion, the level of protection being asserted. 12

(b) for testimony given in deposition or in other pretrial or trial proceedings, that the Designating Party identify on the record, before the close of the deposition, hearing, or other 14 proceeding, all protected testimony and specify the level of protection being asserted. When it is 15 impractical to identify separately each portion of testimony that is entitled to protection and it 16 appears that substantial portions of the testimony may qualify for protection, the Designating Party 17 may invoke on the record (before the deposition, hearing, or other proceeding is concluded) a right 18 to have up to 30 days to identify the specific portions of the testimony as to which protection is 19 sought and to specify the level of protection being asserted. Only those portions of the testimony 20 that are appropriately designated for protection within the 30 days shall be covered by the 21 provisions of this Order. Alternatively, a Designating Party may specify, at the deposition or up to 22

"CONFIDENTIAL" or "HIGHLY CONFIDENTIAL -- ATTORNEYS' EYES ONLY." 24

25 other proceeding to include Protected Material so that the other parties can ensure that only 26 authorized individuals who have signed the "Acknowledgment and Agreement to Be Bound" 27

(Exhibit A) are present at those proceedings.The use of a document as an exhibit at a deposition 28 shall not in any way affect its designation as "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL

30 days afterwards if that period is properly invoked, that the entire transcript shall be treated as 23

Parties shall give the other parties notice if they reasonably expect a deposition, hearing or

-- ATTORNEYS' EYES ONLY."2

3 that the transcript contains Protected Material, and the title page shall be followed by a list of all 4 pages (including line numbers as appropriate) that have been designated as Protected Material and 5 the level of protection being asserted by the Designating Party. The Designating Party shall inform 6 the court reporter of these requirements. Any transcript that is prepared before the expiration of a 7

"HIGHLY CONFIDENTIAL -- ATTORNEYS' EYES ONLY" in its entirety unless otherwise 9 agreed. After the expiration of that period, the transcript shall be treated only as actually 10 designated. 11

(c) for information produced in some form other than documentary and for any other

12 tangible items, that the Producing Party affix in a prominent place on the exterior of the container 13 or containers in which the information or item is stored the legend "CONFIDENTIAL" or 14

SOURCE CODE." If only a portion or portions of the information or item warrant protection, the 16

Producing Party, to the extent practicable, shall identify the protected portion(s) and specify the 17 level of ...


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