United States District Court, C.D. California
In the Matter of the Application of LUFTHANSA TECHNIK AG, Petitioner, for an Order Pursuant to 28 U.S.C. § 1782 to Take Discovery, Pursuant to the Federal Rules of Civil Procedure, of Respondent Thales, Avionics, Inc., for Use in Foreign Proceedings.
[PROPOSED] REVISED PROTECTIVE
Karen E. Scott, United States Magistrate Judge.
the disputes between these parties arise in a highly
competitive industry in which constant innovation and
research are necessary, that disclosure of material relating
to innovation and research could cause decided competitive
harm or unfair competitive advantage, and that therefore good
cause exists for entry of a protective order regarding
confidentiality of trade secret or nonpublic technical,
commercial, financial, personal, or business information that
is expected to be produced or provided in the course of
the applicant in this action, Lufthansa Technik AG
("Lufthansa"), recognizes that in response to its
requests for discovery under 28 U.S.C. § 1782,
Respondent, Thales Avionics, Inc. ("Thales"), may
be required to disclose such confidential or sensitive
such sensitive information should be treated as confidential,
but not restricted in such a way as would impede
Lufthansa's ability to use the discovered information to
aid of the aforementioned German proceeding or Contemplated
THEREFORE, it is hereby ordered as follows:
in this Protective Order, the following definitions apply.
terms "Thales" and "Respondent" refer to
Thales Avionics, Inc.
terms "Lufthansa" and "Petitioner" refer
to Lufthansa Technik AG.
terms "AES" refer to Astronics Advanced Electronic
term "German Proceedings" refers to Civil Law
Proceeding No. 7 O 289/10, before the Mannheim Regional
Court, and any appeals therefrom.
term "Contemplated Proceedings" refers to
contemplated or pending proceedings relating to the rights of
Lufthansa arising out of any parts or foreign counterparts of
European Patent No. EP 881145 that have been or are being
considered for filing in Germany, France, Spain, the United
Kingdom and/or Japan other than the German Proceedings.
term "Action" refers to Lufthansa's § 1782
Petition to this Court.
term "Confidential Information" refers to
information produced by Thales and designated by Thales as
"ATTORNEYS EYES ONLY" under the terms of this
term "Privileged Information" refers to information
protected by the attorney-client privilege, the work product
doctrine, or any other applicable privilege or immunity.
of Designating Confidential Information
Designation of Confidential Information should be made by
stamping, placing, or affixing on the document in a manner
which will not interfere with its legibility the phrase
"ATTORNEY'S EYES ONLY."
Information should only be designated as Confidential
Information when Thales in good faith believes that the
information contains trade secrets or nonpublic technical,