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Neurografix; Neurography Institute Medical Associates, Inc v. the Regents of the University of California

November 6, 2012

NEUROGRAFIX; NEUROGRAPHY INSTITUTE MEDICAL ASSOCIATES, INC.; IMAGE-BASED SURGICENTER CORPORATION; WASHINGTON RESEARCH FOUNDATION, PLAINTIFFS,
v.
THE REGENTS OF THE UNIVERSITY OF CALIFORNIA DEFENDANT.
GENERAL ELECTRIC COMPANY INTERVENOR-PLAINTIFF,
v.
NEUROGRAFIX; NEUROGRAPHY INSTITUTE MEDICAL ASSOCIATES, INC.; IMAGE-BASED SURGICENTER CORPORATION; WASHINGTON RESEARCH FOUNDATION, DEFENDANTS.
GENERAL ELECTRIC COMPANY PLAINTIFF,
v.
NEUROGRAFIX; NEUROGRAPHY INSTITUTE MEDICAL ASSOCIATES, INC.; IMAGE- BASED SURGICENTER CORPORATION; WASHINGTON RESEARCH FOUNDATION, DEFENDANTS.



The opinion of the court was delivered by: The Hon. Mariana R. Pfaelzer United States District Court Judge

The Hon. Mariana R. Pfaelzer United States District Court Judge

[PROPOSED] STIPULATED PROTECTIVE ORDER

WHEREAS, NeuroGrafix, Neurography Institute Medical Associates, Inc., Image-Based Surgicenter Corporation and Washington Research Foundation (collectively, "Plaintiffs"), and The Regents of The University of California and General Electric Company (collectively, "Defendants") (Plaintiffs and Defendants collectively, the "Parties") possess information relating to the above-references matters that is confidential;

WHEREAS, the parties recognize that, in the course of discovery in this lawsuit, it may be necessary to disclose such confidential matter to the other party, but each of them desires to ensure that such confidential matter shall not be used for any purpose other than this action, and shall not be made public or otherwise disseminated, except to the extent necessary for purposes of this action;

WHEREAS, the parties, by and through their respective counsel of record, have agreed to the text of a Protective Order to prevent unnecessary disclosure or dissemination of their confidential information;

Upon consideration of the foregoing, it is hereby ORDERED as follows:

1. Definitions. For purposes of this Protective Order, the following definitions shall apply:

a. The term "document" shall have the full meaning ascribed to it by the Federal Rules of Civil Procedure and shall include without limitation any records, exhibits, reports, samples, transcripts, video or audio recordings, affidavits, briefs, summaries, notes, abstracts, drawings, company records and reports, answers to interrogatories, responses to requests for admissions, or motions, including copies or computer-stored versions of any of the foregoing.

b. The term "Disclosing Party" is defined herein as any party or non-party who is requested to produce or produces documents, materials or testimony containing Confidential Material.

c. The term "Receiving Party" is defined herein as any party to whom documents, materials or testimony containing Confidential Material is provided.

d. The term "Confidential Information" is defined herein as information that has not been made public, the disclosure of which the Disclosing Party contends could cause harm to the business operations of the Disclosing Party or provide improper advantage to others, including, but not limited to, trade secrets within the meaning of California Civil Code § 3426.1.*fn1 Confidential Information includes, without limitation, information that the designating party reasonably and in good faith believes relates to

(1) current business/strategic plans, (2) technical product specifications and information, (3) sales, cost and price information including future sales/financial projections, (4) non-public marketing information including future marketing plans, (5) detailed sales and financial data, (6) customer lists, or (7) other information of competitive, technical, financial, or commercial significance comparable to the items listed in this paragraph. Confidential Information also includes non-public personal or private information, such as (without limitation) personnel records.

e. The term " Source Code" or "Highly Confidential Information -- Source Code" refers to computer instructions, data structures, data schema, and data definitions expressed in a form suitable for input to an assembler, compiler, translator, or other data processing module that the Disclosing Party believes in good faith is not generally known to others and has significant competitive value such that unrestricted disclosure to others would harm the Disclosing Party, and which the Disclosing Party would not normally reveal to third parties except in confidence or has undertaken with others to maintain in confidence. Source Code may be included in structured files in formats including, but not limited to, HTML, XML, XSL, SGML, C, C and C#.

f. The term "Confidential Material" refers collectively to Confidential Information and Source Code.

g. "Outside Service Organization" is defined herein as an individual or organization that provides photocopying services, discovery services such as document processing services, translation services or graphics services to counsel as part of discovery or preparation and trial of this action.

h. "Outside Counsel" is defined herein as (1) outside counsel who appear on the pleadings as counsel for a Party, and (2) partners, associates, contract lawyers, employees, and staff of such counsel to whom it is reasonably necessary to disclose the information for this litigation, including supporting personnel employed by the outside counsel who appear on the pleadings, such as paralegals, legal translators, legal secretaries, and legal clerks.

2. Applicability of Protective Order. If, in the course of this litigation, a party undertakes or is caused to disclose what the Disclosing Party contends is Confidential Material (i.e., Confidential Information or Highly Confidential Information -- Source Code) the procedures set forth herein shall be employed and the disclosure thereof shall be subject to this Protective Order. Confidential Material shall be used solely in the preparation, prosecution or trial of this action.

3. Other Cases. By entering this Order and limiting the disclosure of information in this case, the Court does not intend to preclude another court from finding that information may be relevant and subject to disclosure in another case. A Receiving Party who is requested to produce Confidential Material received from a Disclosing Party must promptly notify the Disclosing Party of such a request. If the request becomes subject to a motion, the Receiving Party shall immediately notify the Disclosing Party of the motion so that the Disclosing party may have an opportunity to appear and be heard on whether that information should be disclosed.

4. Disclosure Prohibited. Confidential Material or the substance or context thereof, including any notes, memoranda or other similar documents relating thereto, shall not be disclosed or summarized, either in writing or orally, by a Receiving Party to anyone other than persons permitted to have access to such information under this Order. Nothing in this Protective Order shall limit disclosure or use by a Designating Party of its own Confidential Material. Further, nothing in this Protective Order prevent counsel from updating their client as to the status of the litigation, including providing high-level summaries and analyses of Confidential Material as it relates to the claim and defenses in this action. High-level summaries and analyses to a client shall not disclose the specific content of the Confidential Material.

5. Designating and Marking Confidential Material. Confidential Material to be designated "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL -- SOURCE CODE" pursuant to this Protective Order shall be designated and marked as follows:

a. Documents. Documents may be designated as "Confidential Information" by placing the following legend, or equivalent thereof, on any such document:

CONFIDENTIAL

Documents may be designation as "Highly Confidential Information -- Source Code" by placing the following legend, or equivalent thereof, on any such document: HIGHLY CONFIDENTIAL -- SOURCE CODE Such legends shall be placed upon every page of each document containing Confidential Material. In lieu of marking the originals of documents, the party may mark the copies that are produced or exchanged.

b. Non-Paper Media. Where Confidential Material is produced in a non-paper medium (e.g., video tape, audio tape, computer disks, DVD, etc.), the appropriate confidentiality notice as described in Section 5(a) above should be placed on the medium, if possible, and its container, if any, so as to clearly give notice of the designation. To the extent that any Receiving Party prints any of the information contained on non-paper media that is designated as Confidential Material, such printouts will be marked as described in Section 5(a) above by the Receiving Party.

c. Physical Exhibits. The confidential status of a physical exhibit shall be indicated by placing a label on said physical exhibit with the appropriate confidentiality notice as described in Section 5(a) above.

d. Written Discovery. In the case of Confidential Material incorporated in answers to interrogatories or responses to requests for admission, the appropriate confidentiality notice as described in Section 5(a) above shall be placed only on the first page of the document and on each answer or response that actually contains Confidential Material.

6. Access to Confidential Material Designated CONFIDENTIAL. A Receiving Party may disclose Confidential Material designated as ...


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