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Qualcomm Incorporated Securities Litigation

United States District Court, S.D. California

January 9, 2020

IN RE QUALCOMM INCORPORATED SECURITIES LITIGATION

          ORDER GRANTING NON-PARTIES APPLE INC.; COMPAL ELECTRONICS, INC.; FIH MOBILE LTD.; HON HAI PRECISION INDUSTRY CO., LTD.; PEGATRON CORPORATION; AND WISTRON CORPORATION'S ASSENTED-TO MOTION TO SUPPLEMENT THE PROTECTIVE ORDER

          HONORABLE MICHAEL S. BERG UNITED STATES MAGISTRATE JUDGE

         WHEREAS Section 3.5 of the Protective Order in this action (ECF No. 78-1) states that its provisions are without prejudice to the right of any party to seek further or additional protection of any Discovery Material or to modify the Protective Order; and, WHEREAS Section 10.1 of the Protective Order states that its provisions should not be construed as prohibiting a non-party from seeking additional protections for its confidential materials; and

         WHEREAS now before the Court is Non-Parties Apple Inc. (“Apple”), Compal Electronics, Inc. (“Compal”), Hon Hai Precision Industry Co., Ltd. (“Hon Hai”), FIH Mobile Ltd. (“FIH”), Pegatron Corporation (“Pegatron”), and Wistron Corporation's (“Wistron, ” and collectively, the “CMs”) Assented-To Motion to Supplement the Protective Order;

         WHEREFORE, IT IS HEREBY ORDERED, that the terms of the Protective Order apply to “APPLE PROTECTED MATERIAL” and “CM PROTECTED MATERIAL” (as defined below), except as modified below:

         1. DEFINITIONS

         1.1. “APPLE MATERIAL”: any Disclosure or Discovery Materials produced by, deemed produced by, reproduced on behalf of, or with the consent of Apple, or obtained from Apple witnesses. For such material, the Apple will be deemed a “Producing Party” as that term is used here and in the Protective Order.

         1.2. “CM MATERIAL”: any Disclosure or Discovery Materials originally produced by, deemed produced by, reproduced on behalf of, or with the consent of Compal, Hon Hai, FIH, Pegatron, or Wistron, or obtained from Compal, Hon Hai, FIH, Pegatron, or Wistron witnesses. For such material, the respective CM will be deemed a “Producing Party” as that term is used here and in the Protective Order.

         1.3. “APPLE CONFIDENTIAL” Information or Items: any APPLE MATERIAL previously designated by Apple as CONFIDENTIAL, APPLE CONFIDENTIAL, S.D. CAL CONFIDENTIAL, or any variant of “CONFIDENTIAL” in the FTC Litigation, Apple Litigation, CM Litigation, or ITC Litigation.

         1.4. “APPLE HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY” Information or Items: any APPLE MATERIAL previously designated by Apple as HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY, APPLE HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY, S.D. CAL HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY, CONFIDENTIAL BUSINESS INFORMATION, or any variant of “HIGHLY CONFIDENTIAL” in the FTC Litigation, Apple Litigation, CM Litigation, or ITC Litigation.

         1.5. “APPLE PROTECTED MATERIAL”: any APPLE CONFIDENTIAL or APPLE HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY Information or Items.

         1.6. “CM CONFIDENTIAL” Information or Items: any CM MATERIAL previously designated by Compal, Hon Hai, FIH, Pegatron, or Wistron as CONFIDENTIAL, COMPAL CONFIDENTIAL, FOXCONN CONFIDENTIAL, PEGATRON CONFIDENTIAL, WISTRON CONFIDENTIAL, S.D. CAL CONFIDENTIAL, or any variant of “CONFIDENTIAL” in the FTC Litigation, Apple Litigation, CM Litigation, or ITC Litigation.

         1.7. “CM HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY” Information or Items: any CM MATERIAL previously designated as HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY, COMPAL HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY, FOXCONN HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY, PEGATRON HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY, WISTRON HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY, or any variant of “HIGHLY CONFIDENTIAL” in the FTC Litigation, Apple Litigation, CM Litigation, or ITC Litigation.

         1.8. “CM PROTECTED MATERIAL”: any CM CONFIDENTIAL or CM HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY Information or Items.

         1.9. “Outside Counsel of Record”: attorneys who are not employees of a Party to this Action but are retained to represent or advise a Party in connection with this Action and have entered an appearance on behalf of that Party in this Action, as well as other attorneys or support staff employed by the same firm as one of the attorneys who has entered an appearance on behalf of one of the Parties in this Action, to whom it is reasonably necessary to disclose the information for this Action.

         2. ACCESS TO AND USE OF PROTECTED MATERIAL

         2.1. Confidential Material. Except as modified herein, APPLE CONFIDENTIAL and CM CONFIDENTIAL Information and Items shall be treated in accordance with the provision of the Protective Order that ...


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