STIPULATED PROTECTIVE ORDER
To expedite the flow of discovery materials, to facilitate the prompt resolution of disputes over confidentiality of discovery materials, to adequately protect information, the parties are entitled to keep confidential, to ensure that only materials the parties are entitled to keep confidential are subject to such treatment, and to ensure the parties are permitted reasonably necessary uses of such materials in preparation for and in the conduct of trial, pursuant to F.R.Civ.P. 26(c), the parties hereby stipulate to and request the Court to enter the following Stipulated Protective Order:
A.INFORMATION SUBJECT TO THIS ORDER
1. For purposes of this Order, "CONFIDENTIAL INFORMATION" shall mean all information, items or material produced for or disclosed to a Receiving Party that a Producing Party, including any party to this action and any non-party producing information, items or material voluntarily or pursuant to a subpoena or a court order, considers to constitute or to contain trade secrets and/or other confidential technical, product, design, sales, marketing, customer, financial, or other commercial information, whether embodied in physical objects, documents, or the factual knowledge of persons, and which has been designated by the Producing Party. Any CONFIDENTIAL INFORMATION obtained by any Receiving Party from any Producing Party pursuant to discovery in this litigation may be used only for purposes of preparation and litigation of this matter, i.e. for prosecuting, defending or attempting to settle this litigation.
2. Any document or tangible thing containing or including any CONFIDENTIAL INFORMATION may be designated as such by the Producing Party by marking copies of such material "Confidential" prior to or at the time such copies are furnished to the Receiving Party. The marking shall be accomplished by affixing the legend "Confidential" to each page of the material being designated. If only a portion of the material on a page qualifies for protection, the Producing Party also must clearly identify the protected portion(s).
3. At the request of any party, the original and all copies of any deposition transcript, in whole or in part, shall be marked "Confidential" by the reporter. Any portions so designated shall thereafter be treated in accordance with the terms of this Order.
4. All CONFIDENTIAL INFORMATION not reduced to documentary, tangible or physical form or which cannot be conveniently designated, as set forth in Section A. 2, shall be designated by the Producing Party by informing the Receiving Party of the designation in writing (such as in the form of electronic mail). Any documents and/or physical objects made available for inspection by counsel for the Receiving Party prior to producing copies of selected items shall initially be considered, as a whole, to constitute "HIGHLY CONFIDENTIAL-ATTORNEYS' EYES ONLY" (as defined in Section D below) and shall be subject to this Order. After the Receiving Party has identified the documents that it wants copied and produced, the Producing Party shall have a reasonable time to review and designate the appropriate documents as CONFIDENTIAL INFORMATION or HIGHLY CONFIDENTIAL INFORMATION-ATTORNEYS' EYES ONLY prior to furnishing copies to the Receiving Party.
5. The following information is not CONFIDENTIAL INFORMATION: a. Any information which at the time of disclosure to a Receiving Party is in the public domain;
b. Any information which subsequent to its disclosure to a Receiving Party, becomes part of the public domain as a result the publication not involving a violation of this Order;
c. Any information that the Receiving Party can show was directly known to it prior to the disclosure; and
d. Any information that the Receiving Party can show, by written records, was received by it after the disclosure from a source who obtained the information lawfully and under no obligation of confidentiality to the Producing Party.
B. NO WAIVER OF PRIVILEGE
Inspection or production of documents and/or physical objects shall not constitute a waiver of the attorney-client privilege or work product immunity or any other applicable privilege, trade secret protection and/or protection under this Order as CONFIDENTIAL INFORMATION, or as HIGHLY CONFIDENTIAL INFORMATION-ATTORNEYS' EYES ONLY if, as soon as reasonably practicable after the Producing Party becomes aware of any inadvertent or unintentional disclosure, the Producing Party designates any such documents and/or physical objects as within the attorney-client privilege, work product immunity, or any other applicable privilege or protection under this Order and request return of such documents and/or physical objects to the Producing Party. Upon request by the Producing Party, the Receiving Party immediately shall return or destroy all copies of such inadvertently produced document(s) and/or physical objects. Notwithstanding this provision, outside litigation counsel of record are not required to delete information that may reside on their respective electronic back-up systems that are over-written in the normal course of business. Nothing herein shall prevent the Receiving Party from challenging the propriety of the attorney-client privilege, work product immunity or other applicable privilege or trade secret or other protection designation by submitting a written challenge to the Court.
C. DISCOVERY RULES REMAIN UNCHANGED
Nothing herein shall alter or change in any way that the discovery provisions of the Federal Rules of Civil Procedure, the Local Rules for the United States District Court for the Central District of California, or the Court's Docket Control Orders and
D. INFORMATION DESIGNATED HIGHLY CONFIDENTIAL ATTORNEY'S EYES ONLY
1. CONFIDENTIAL INFORMATION may be additionally designated "HIGHLY CONFIDENTIAL-ATTORNEYS' EYES ONLY." HIGHLY CONFIDENTIAL-ATTORNEYS' EYES ONLY" shall mean all CONFIDENTIAL INFORMATION that constitutes proprietary, financial, product, design or technical data or commercially sensitive competitive information including, without limitation CONFIDENTIAL INFORMATION obtained from a nonparty pursuant to a current Nondisclosure Agreement ("NDA"), CONFIDENTIAL INFORMATION relating to future products not yet commercially released, customer information, sales plans, marketing plans, and strategic plans, the disclosure of which is likely to cause harm to the competitive position of the Producing Party. Any document or tangible thing containing or including any CONFIDENTIAL INFORMATION may be designated HIGHLY CONFIDENTIAL-ATTORNEYS' EYES ONLY by the Producing Party by marking copies of such material "Highly Confidential-Attorneys' Eyes Only" prior to or at the time such copies are furnished to the Receiving Party. The marking shall be accomplished by affixing the legend "Highly Confidential-Attorneys' Eyes Only" to each page of the material being designated. If only a portion of the material on a page qualifies for protection, the Producing Party also must clearly identify the protected portion(s).
Documents and/or physical objects designated HIGHLY CONFIDENTIAL-ATTORNEYS' EYES ONLY and information contained therein shall be available only to:
(a) outside litigation counsel of record and supporting personnel employed by those attorneys as described in Section E. 1. Below (not including in-house counsel),
(b) technical advisors as described in Section E. 2 below and to have signed the "Acknowledgment and Agreement to Be Bound" (Exhibit A);
(c) the Court and its personnel;
(d) court reporters and their staff, professional jury or trial consultants, and Professional Vendors to whom disclosure is reasonably necessary for this litigation and who have signed the ...