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Gn Resound A/S, A Corporation v. Callpod

August 17, 2012

GN RESOUND A/S, A CORPORATION,
PLAINTIFF,
v.
CALLPOD, INC., A CORPORATION,
DEFENDANT.



The opinion of the court was delivered by: Saundra B. Armstrong United States District Judge

STIPULATED PROTECTIVE ORDER [PROPOSED] STIPULATED PROTECTIVE ORDER

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

1. PURPOSES AND LIMITATIONS

Disclosure and discovery activity in this action are likely to involve production of Order. The parties acknowledge that this Order does not confer blanket protections on all 7 disclosures or responses to discovery and that the protection it affords from public disclosure and 8 use extends only to the limited information or items that are entitled to confidential treatment under 9 the applicable legal principles. The parties further acknowledge, as set forth in Section 12.3, below, 10 that this Stipulated Protective Order does not entitle them to file confidential information under 11 seal; Civil Local Rule 79-5 and General Order 62 set forth the procedures that must be followed and 12 the standards that will be applied when a party seeks permission from the court to file material 13 under seal. information or items under this Order. 18 generated, stored or maintained) or tangible things that qualify for protection under Federal Rule of 19 2.3 Counsel (without qualifier): Outside Counsel of Record and House Counsel (as well as their support staff). 22

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 Civil Procedure 26(c). 20 2.4 Designated House Counsel: House Counsel who seek access to "HIGHLY CONFIDENTIAL -- ATTORNEYS' EYES ONLY" information in this matter. 24 25 produces in disclosures or in responses to discovery as "CONFIDENTIAL" or "HIGHLY 26 CONFIDENTIAL -- ATTORNEYS' EYES ONLY." 27 28

2.5 Designating Party: a Party or Non-Party that designates information or items that it 2 or manner in which it is generated, stored, or maintained (including, among other things, testimony, 3 transcripts, and tangible things), that are produced or generated in disclosures or responses to 4 discovery in this matter. 5

6 the litigation who (1) has been retained by a Party or its counsel to serve as an expert witness or as a 7 consultant in this action, (2) is not a past or current employee of a Party or of a Party's competitor, 8 and (3) at the time of retention, is not anticipated to become an employee of a Party or of a Party's 9 competitor. 10

Items: extremely sensitive "Confidential Information or Items," disclosure of which to another Party 12 or Non-Party would create a substantial risk of serious harm that could not be avoided by less 13 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 but are retained to represent or advise a party to this action and have appeared in this action on 20 behalf of that party or are affiliated with a law firm which has appeared on behalf of that party in 21 the above-captioned action. 22

23 consultants, retained experts, and Outside Counsel of Record (and their support staffs). 24 Material in this action. 26

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

2.6 Disclosure or Discovery Material: all items or information, regardless of the medium

2.7 Expert: a person with specialized knowledge or experience in a matter pertinent to

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

2.9 House Counsel: attorneys who are employees of a party to this action. House

15

2.10 Non-Party: any natural person, partnership, corporation, association, or other legal

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

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

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

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

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

Producing Party.

(as defined above), but also (1) any information copied or extracted from Protected Material; (2) all 8 copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony, 9 conversations, or presentations by Parties or their Counsel that might reveal Protected Material. 10

However, the protections conferred by this Stipulation and Order do not cover the following 11 information: (a) any information that is in the public domain at the time of disclosure to a Receiving 12

Party or becomes part of the public domain after its disclosure to a Receiving Party as a result of 13 publication not involving a violation of this Order, including becoming part of the public record 14 through trial or otherwise; and (b) any information known to the Receiving Party prior to the 15 disclosure or obtained by the Receiving Party after the disclosure from a source who obtained the 16 information lawfully and under no obligation of confidentiality to the Designating Party. Any use of Protected Material at trial shall be governed by a separate agreement or order.

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

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 any 28 such designation to specific material that qualifies under the appropriate standards. To the extent it

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

2.16 Receiving Party: a Party that receives Disclosure or Discovery Material from a 3. SCOPE

The protections conferred by this Stipulation and Order cover not only Protected Material is practical to do so, the Designating Party must designate for protection only those parts of 2 material, documents, items, or oral or written communications that qualify -- so that other portions 3 of the material, documents, items, or communications for which protection is not warranted are not 4 swept unjustifiably within the ambit of this Order.

4. DURATION

5. DESIGNATING PROTECTED MATERIAL

Mass, indiscriminate, or routinized designations are prohibited. Designations that are shown 6 to be clearly unjustified or that have been made for an improper purpose (e.g., to unnecessarily 7 encumber or retard the case development process or to impose unnecessary expenses and burdens 8 on other parties) expose the Designating Party to sanctions. If it comes to a Designating Party's 9 attention that information or items that it designated for protection do not qualify for protection at 10 all or do not qualify for the level of protection initially asserted, that Designating Party must 11 promptly notify all other parties that it is withdrawing the mistaken designation. 12 (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered, 14 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 15 designated before the material is disclosed or produced. 16 (a) for information in documentary form (e.g., paper or electronic documents, but excluding 18 transcripts of depositions or other pretrial or trial proceedings), that the Producing Party affix the 19 legend "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL -- ATTORNEYS' EYES ONLY" to 20 each page that contains protected material. If only a portion or portions of the material on a page 21 qualifies for protection, the Producing Party also must clearly identify the protected portion(s) (e.g., 22 by making appropriate markings in the margins) and must specify, for each portion, the level of 23 protection being asserted. 24

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

25 need not designate them for protection until after the inspecting Party has indicated which material 26 it would like copied and produced. During the inspection and before the designation, all of the 27 material made available for inspection shall be deemed "HIGHLY CONFIDENTIAL -- 28

Designation in conformity with this Order requires:

ATTORNEYS' EYES ONLY." After the inspecting Party has identified the documents it wants copied and produced, the Producing Party must determine which documents, or portions thereof, 2 qualify for protection under this Order. Then, before producing the specified documents, the 3

CONFIDENTIAL -- ATTORNEYS' EYES ONLY") to each page that contains Protected Material. 5

If only a portion or portions of the material on a page qualifies for protection, the Producing Party 6 also must clearly identify the protected portion(s) (e.g., by making appropriate markings in the 7 margins) and must specify, for each portion, the level of protection being asserted. 8

Designating Party identify on the record, before the close of the deposition, hearing, or other 10 proceeding, all protected testimony and specify the level of protection being asserted. When it is 11 impractical to identify separately each portion of testimony that is entitled to protection and it 12 appears that substantial portions of the testimony may qualify for protection, the Designating Party 13 may invoke on the record (before the deposition, hearing, or other proceeding is concluded) a right 14 to have up to 21 days to identify the specific portions of the testimony as to which protection is 15 sought and to specify the level of protection being asserted. Only those portions of the testimony 16 that are appropriately designated for protection within the 21 days shall be covered by the 17 provisions of this Stipulated Protective Order. Alternatively, a Designating Party may specify, at the 18 deposition or up to 21 days afterwards if that period is properly invoked, that the entire transcript 19 shall be treated as "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL -- ATTORNEYS' EYES 20

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

22 other proceeding to include Protected Material so that the other parties can ensure that only 23 authorized individuals who have signed the "Acknowledgment and Agreement to Be Bound" 24

(Exhibit A) are present at those proceedings.The use of a document as an exhibit at a deposition 25 shall not in any way affect its designation as "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL -- 26

Transcripts containing Protected Material shall have an obvious legend on the title page that 28 the transcript contains Protected Material, and the title page shall be followed by a list of all pages Producing Party must affix the appropriate legend ("CONFIDENTIAL" or "HIGHLY 4

(b) for testimony given in deposition or in other pretrial or trial proceedings, that the (including line numbers as appropriate) that have been designated as Protected Material and the 2 level of protection being asserted by the Designating Party. The Designating Party shall inform the 3 court reporter of these requirements. Any transcript that is prepared before the expiration of a 21-4 day period for designation shall be treated during that period as if it had been designated "HIGHLY 5

CONFIDENTIAL -- ATTORNEYS' EYES ONLY" in its entirety unless otherwise agreed. After 6 the expiration of that period, the transcript shall be treated only as actually designated. 7

8 tangible items, that the Producing Party affix in a prominent place on the exterior of the container or 9 containers in which the information or item is stored the legend "CONFIDENTIAL" or "HIGHLY 10

CONFIDENTIAL -- ATTORNEYS' EYES ONLY." If only a portion or portions of the information 11 or item warrant protection, the Producing Party, to the extent practicable, shall identify the protected 12 portion(s) ...


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