Searching over 5,500,000 cases.

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Xenoport, Inc., A Delaware Corporation v. Glaxo Group Limited

July 31, 2012


The opinion of the court was delivered by: Paul S. Grewal United States Magistrate Judge

A limited liability partnership forme

STIPULATED PROTECTIVE ORDER Compl. Filed: February 24, 2012


Disclosure and discovery activity in this action are likely to involve production of 3 confidential, proprietary, or private information for which special protection from public disclosure 4 and from use for any purpose other than prosecuting this litigation may be warranted. Accordingly, 5 the parties hereby stipulate to and petition the court to enter the following Stipulated Protective 6

Order. The parties acknowledge that this Order does not confer blanket protections on all disclosures 7 or responses to discovery and that the protection it affords from public disclosure and use extends 8 only to the limited information or items that are entitled to confidential treatment under the 9 applicable legal principles. The parties further acknowledge, as set forth in Section 12.4, below, that 10 this Stipulated Protective Order does not entitle them to file confidential information under seal; d in the State of Delaware

Civil Local Rule 79-5 and General Order 62 set forth the procedures that must be followed and the 12 standards that will be applied when a party seeks permission from the court to file material under seal.

A limited liability partnership forme


2.1 Challenging Party: a Party or Non-Party that challenges the designation of 16 information or items under this Order. 2.2 "CONFIDENTIAL" Information or Items: information (regardless of how it is generated, stored or maintained) or tangible things that qualify for protection under Federal Rule of 19 Civil Procedure 26(c). 20 2.3 Counsel (without qualifier): Outside Counsel of Record and House Counsel (as well 21 as their support staff). 22

2.4 Designated House Counsel: House Counsel who seek access to "HIGHLY CONFIDENTIAL -- ATTORNEYS' EYES ONLY" information in this matter. 24 2.5 Designating Party: a Party or Non-Party that designates information or items that it 25 produces in disclosures or in responses to discovery as "CONFIDENTIAL" or "HIGHLY 26 CONFIDENTIAL -- ATTORNEYS' EYES ONLY".

2.6 Disclosure or Discovery Material: all items or information, regardless of the medium 28 or manner in which it is generated, stored, or maintained (including, among other things, testimony, transcripts, and tangible things), that are produced or generated in disclosures or responses to 2 discovery in this matter.

2.7 Expert: a person with specialized knowledge or experience in a matter pertinent to the 4 litigation who (1) has been retained by a Party or its counsel to serve as an expert witness or as a 5 consultant in this action, (2) is not a past or current employee of a Party or of a Party's competitor, 6 and (3) at the time of retention, is not anticipated to become an employee of a Party or of a Party's 7 competitor. 8


9 extremely sensitive "Confidential Information or Items," disclosure of which to another Party or 10 Non-Party would create a substantial risk of serious harm that could not be avoided by less d in the State of Delaware restrictive means.

2.9 House Counsel: attorneys and supporting paralegals who are employees of a party to this action. House Counsel does not include Outside Counsel of Record or any other outside counsel.

A limited liability partnership forme

2.10 Non-Party: any natural person, partnership, corporation, association, or other legal 15 entity not named as a Party to this action. 2.11 Outside Counsel of Record: attorneys who are not employees of a party to this action but are retained to represent or advise a party to this action and have appeared in this action on 18 behalf of that party or are affiliated with a law firm which has appeared on behalf of that party.

2.12 Party: any party to this action, including all of its officers, directors, employees, consultants, retained experts, and Outside Counsel of Record (and their support staffs). 21

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

Material in this action. 23

2.14 Professional Vendors: persons or entities that provide litigation support services (e.g.,

24 photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing, 25 storing, or retrieving data in any form or medium) and their employees and subcontractors. 26

2.15 Protected Material: any Disclosure or Discovery Material that is designated as "CONFIDENTIAL," or as "HIGHLY CONFIDENTIAL -- ATTORNEYS' EYES ONLY." 28

Producing Party. 3

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


5 defined above), but also (1) any information copied or extracted from Protected Material; (2) all 6 copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony, 7 conversations, or presentations by Parties or their Counsel that might reveal Protected Material. 8

The protections conferred by this Stipulation and Order cover not only Protected Material (as

However, the protections conferred by this Stipulation and Order do not cover the following 9 information: (a) any information that is in the public domain at the time of disclosure to a Receiving 10

publication not involving a violation of this Order, including becoming part of the public record 12 through trial or otherwise; and (b) any information known to the Receiving Party prior to the

disclosure or obtained by the Receiving Party after the disclosure from a source who obtained the

information lawfully and under no obligation of confidentiality to the Designating Party. Any use of


Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order 19 otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims and 20 defenses in this action, with or without prejudice; and (2) final judgment herein after the completion 21 and exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, including the 22 time limits for filing any motions or applications for extension of time pursuant to applicable law. 23

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

Non Party that designates information or items for protection under this Order must take care to limit 26 any such designation to specific material that qualifies under the appropriate standards. To the extent 27 it is practical to do so, the Designating Party must designate for protection only those parts of 28 material, documents, items, or oral or written communications that qualify -- so that other portions of Party or becomes part of the public domain after its disclosure to a Receiving Party as a result of

A limited liability partnership forme


Protected Material at trial shall be governed by a separate agreement or order. 16 Even after final disposition of this litigation, the confidentiality obligations imposed by this the material, documents, items, or communications for which protection is not warranted are not 2 swept unjustifiably within the ambit of this Order. 3

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

4 to be clearly unjustified or that have been made for an improper purpose (e.g., to unnecessarily 5 encumber or retard the case development process or to impose unnecessary expenses and burdens on 6 other parties) expose the Designating Party to sanctions. 7

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

8 protection do not qualify for protection at all or do not qualify for the level of protection initially 9 asserted, that Designating Party must promptly notify all other parties that it is withdrawing the 10 mistaken designation.

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

12 e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered, Disclosure or



Discovery Material that qualifies for protection under this Order must be clearly so designated

A limited liability partnership forme

before the material is disclosed or produced. 15

Designation in conformity with this Order requires:

(a) for information in documentary form (e.g., paper or electronic documents, but 17 excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing Party 18 affix the legend "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL -- ATTORNEYS' EYES 19

ONLY" to each page that contains protected material. If only a portion or portions of the material on 20 a page qualifies for protection, the Producing Party also must clearly identify the protected portion(s) 21 (e.g., by making appropriate markings in the margins) and must specify, for each portion, the level 22 of protection being asserted.

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

24 need not designate them for protection until after the inspecting Party has indicated which material it 25 would like copied and produced. During the inspection and before the designation, all of the material 26 made available for inspection shall be deemed "HIGHLY CONFIDENTIAL -- ATTORNEYS' 27

EYES ONLY." After the inspecting Party has identified the documents it wants copied and 28 produced, the Producing Party must determine which documents, or portions thereof, qualify for protection under this Order. Then, before producing the specified documents, the Producing Party 2 must affix the appropriate legend ("CONFIDENTIAL" or "HIGHLY CONFIDENTIAL -- 3

ATTORNEYS' EYES ONLY") to each page that contains Protected Material. If only a portion or 4 portions of the material on a page qualifies for protection, the Producing Party also must clearly 5 identify the protected portion(s) (e.g., by making appropriate markings in the margins) and must 6 specify, for each portion, the level of protection being asserted. 7

Designating Party identify on the record, before the close of the deposition, hearing, or other 9 proceeding, all protected testimony and specify the level of protection being asserted. When it is 10 impractical to identify separately each portion of testimony that is entitled to protection and it

appears that substantial portions of the testimony may qualify for protection, the Designating Party 12 may invoke on the record (before the deposition, hearing, or other proceeding is concluded) a right

to have up to 21 days to identify the specific portions of the testimony as to which protection is

sought and to specify the level of protection being asserted. Only those portions of the testimony that 15 are appropriately designated for protection within the 21 days shall be covered by the provisions of 16 this Stipulated Protective Order. Alternatively, a Designating Party may specify, at the deposition or 17 up to 21 days afterwards if that period is properly invoked, that the entire transcript shall be treated 18 as "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL -- ATTORNEYS' EYES ONLY." 19

20 other proceeding to include Protected Material so that the other parties can ensure that only 21 authorized individuals who have signed the "Acknowledgment and Agreement to Be Bound" 22

(Exhibit A) are present at those proceedings. The use of a document as an exhibit at a deposition 23 shall not in any way affect its designation as "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL -- 24

Transcripts containing Protected Material shall have an obvious legend on the title page that

26 the transcript contains Protected Material, and the title page shall be followed by a list of all pages 27

(including line numbers as appropriate) that have been designated as Protected Material and the level 28 of protection being asserted by the Designating Party. The Designating Party shall inform the court (b) for testimony given in deposition or in other pretrial or trial proceedings, that the Parties shall give the other parties notice if they reasonably expect a deposition, hearing or


reporter of these requirements. Any transcript that is prepared before the expiration of a 21-day 2 period for designation shall be treated during that period as if it had been designated "HIGHLY 3

CONFIDENTIAL -- ATTORNEYS' EYES ONLY" in its entirety unless otherwise agreed. After the 4 expiration of that period, the transcript shall be treated only as actually designated. 5

(c) for information produced in some form other than documentary and for any other 6 tangible items, that the Producing Party affix in a prominent place on the exterior of the container or 7 containers in which the information or item is stored the legend "CONFIDENTIAL" or "HIGHLY 8

CONFIDENTIAL -- ATTORNEYS' EYES ONLY". If only a portion or portions of the information 9 or item warrant protection, the Producing Party, to the extent practicable, shall identify the protected 10 portion(s) and specify the level of protection being asserted.

5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to

12 designate qualified information or items does not, standing alone, waive the Designating Party's

right to secure protection under this Order for such material. Upon timely correction of a

designation, the Receiving Party must make reasonable efforts to assure that the material is treated in 15 accordance with the provisions of this Order. 16

6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of

18 confidentiality at any time. Unless a prompt challenge to a Designating Party's confidentiality 19 designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic burdens, 20 or a significant disruption or delay of the litigation, a Party does not waive its right to challenge a 21 confidentiality designation by ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.