The opinion of the court was delivered by: Hon. Judge Mariana R. Pfaelzer
STIPULATED PROTECTIVE ORDER
1. GOOD CAUSE; LIMITATIONS
1.1 Disclosure and discovery activity in this action are likely to involve production of trade secrets or other confidential research, development, commercial, proprietary, or private information for which special protection from public disclosure and from use for any purpose other than this litigation is warranted. Accordingly, the parties hereby stipulate to and request that the Court enter the following Stipulated Protective Order pursuant to Rule 26(c) of the Federal Rules of Civil Procedure.
1.2 The parties believe that good cause exists for the entry of this Order because Protected Material (as defined below) constitutes trade-secret or other confidential or proprietary information, the disclosure of which is likely to have the effect of harming the competitive position of the Designating Party (as defined below) or violating an obligation of confidentiality owed to a third party.
1.3 Protected Material designated under the terms of this Order shall be used by a Receiving Party (as defined below) solely for this litigation and shall not be used directly or indirectly for any other purpose whatsoever, and its disclosure is prohibited except as expressly provided in this Order.
1.4 The parties acknowledge that this Order does not confer blanket protections on all disclosures or responses to discovery. Designations of confidentiality shall be made with care and shall not be made absent a good faith belief that the Protected Material satisfies the criteria set forth below for each category.
2.1 Party: any party to this action, including all of its officers, directors, and employees.
2.2 Disclosure or Discovery Material: all items or information, including items or information from a non-party, regardless of the medium or manner in which generated, stored, or maintained (including, among other things, testimony, transcripts, or tangible things) that are produced or generated in disclosures or responses to discovery in this matter.
2.3 "Confidential" Information or Items: information (regardless of how generated, stored, or maintained) or tangible things concerning a person's business operations, processes, financial, and technical and development information, which a party would not disclose without confidentiality protection in the ordinary course of that party's business that a Producing Party believes in good faith can be disclosed to select employees of a Receiving Party (as described in paragraph 7.5 below) solely for purposes of this litigation, but which must be protected from widespread dissemination or disclosure to non-parties as set forth herein.
2.4 "Highly Confidential - Attorneys' Eyes Only" Information or Items: extremely sensitive "Confidential" Information (as defined above) that a Producing Party believes in good faith (a) creates a substantial risk of harm to the Producing Party if disclosed to a Receiving Party; (b) is required to be kept confidential to protect the privacy interests of an individual; or (c) is subject to an express obligation of confidentiality owed by the Producing Party to a third party.
2.5 Receiving Party: a Party that receives Disclosure or Discovery Material from a Producing Party.
2.6 Producing Party: a Party or non-party that produces Disclosure or Discovery Material in this action.
2.7 Designating Party: a Party or non-party that designates information or items that it produces in disclosures or in responses to discovery or subpoena as "Confidential" or "Highly Confidential - Attorneys' Eyes Only."
2.8 Protected Material: any Disclosure or Discovery Material that is designated as "Confidential" or "Highly Confidential - Attorneys' Eyes Only."
2.9 Outside Counsel: attorneys of the law firms of Niro Haller & Niro, Kneafsey & Friend LLP, Glaser Weil Fink Jacobs Howard Avchen & Shapiro LLP, and Lee Tran & Liang LLP who are not employees of a Party but who are retained to represent or advise a Party in this action.
2.10 In-House Counsel: attorneys who are employees of a Party.
2.11 Counsel (without qualifier): Outside Counsel and In-House Counsel.
2.12 Expert: a person who has been retained by a Party or its counsel to serve as an expert witness or as a consultant in this action and who has been approved to receive Protected Material in accordance with paragraph 7.7 below.
2.13 Professional Vendors: persons or entities that provide litigation support services (e.g., photocopying; videotaping; translating; preparing exhibits or demonstrations; organizing, storing, or retrieving data in any form or medium) and their employees and subcontractors. This definition includes a professional jury or trial consultant retained in connection with this litigation.
2.14 Patents-in-Suit: U.S. Patents Nos. 6,239,842 and 7,271,840, which are asserted in the present lawsuit.
The protections conferred by this Order cover not only Protected Material, but also any information copied or extracted therefrom, as well as all copies, excerpts, summaries, or compilations thereof, plus testimony, conversations, or presentations by parties or counsel to or in court or in other settings that might reasonably be expected to reveal Protected Material. Nothing in this paragraph shall be construed to prejudice either Party's right to use any Protected Material in court or in any court filing with the consent of the Producing Party or by order of the Court.
Even after the 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 otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims and defenses in this action, with or without prejudice; and (2) final judgment herein after the completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, including the time limits for filing any motions or applications for extension of time pursuant to applicable law.
5. DESIGNATING PROTECTED MATERIAL
5.1 Manner and Timing of Designations. Except as otherwise provided in this Order, or as otherwise stipulated or ordered, material that qualifies for protection under this Order must be clearly so ...