/Docs/G/USDC-CAND-PatentProtectiveOrder-CmA/Protect_Order_Library/0.md
| Text.Sec | = | |
| Designate.Sec | = | DESIGNATING {PROTECTED MATERIAL} |
| Challenge.Sec | = | CHALLENGING CONFIDENTIALITY DESIGNATIONS |
| Access.Sec | = | ACCESS TO AND USE OF {PROTECTED MATERIAL} |
| SourceCode.Sec | = | SOURCE CODE |
| OtherLit.Sec | = | {PROTECTED MATERIAL} SUBPOENAED OR ORDERED PRODUCED IN OTHER LITIGATION {OtherLit.Intro}:
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| Non-PartyInfo.Sec | = | A {NON-PARTY}'S {PROTECTED MATERIAL} SOUGHT TO BE PRODUCED IN THIS LITIGATION |
| Misc.Sec | = | MISCELLANEOUS |
| Pleading.Title.Long | = | STIPULATED PROTECTIVE ORDER FOR LITIGATION INVOLVING PATENTS, HIGHLY SENSITIVE CONFIDENTIAL INFORMATION AND/OR TRADE SECRETS |
| Purpose.Sec | = | PURPOSES AND LIMITATIONS Disclosure and discovery activity in this action are likely to involve production of confidential, proprietary, or private information for which special protection from public disclosure and from use for any purpose other than prosecuting this litigation may be warranted. Accordingly, the parties hereby stipulate to and petition the court to enter the following Stipulated Protective Order. The parties acknowledge that this Order does not confer blanket protections on all disclosures or responses to discovery and that the protection it affords from public disclosure and use extends only to the limited information or items that are entitled to confidential treatment under the applicable legal principles. The parties further acknowledge, as set forth in Section {14.4} below, that this Stipulated Protective Order does not entitle them to file confidential information under seal; {Civil Local Rule 79-5} sets forth the procedures that must be followed and the standards that will be applied when a party seeks permission from the court to file material under seal. |
| Def.Sec | = | DEFINITIONS
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| Def.Challenging_Party | = | "Challenging Party": a Party or Non-Party that challenges the designation of information or items under this Order. |
| Def.Confidential | = | "Confidential" Information or Items: information (regardless of how it is generated, stored or maintained) or tangible things that qualify for protection under Federal Rule of Civil Procedure 26(c). |
| Def.Counsel | = | "Counsel" (without qualifier): Outside Counsel of Record and House Counsel (as well as their support staff). |
| Def.Designated_House_Counsel | = | "Designated House Counsel": House Counsel who seek access to "Highly Confidential - Attorneys' Eyes Only" information in this matter. |
| Def.Designating_Party | = | "Designating Party": a Party or Non-Party that designates information or items that it produces in disclosures or in responses to discovery as "Confidential", "Highly Confidential - Attorneys' Eyes Only", or "Highly Confidential - Source Code." |
| Def.Disclosure_or_Discovery_Material | = | "Disclosure or Discovery Material": all items or information, regardless of the medium or manner in which it is generated, stored, or maintained (including, among other things, testimony, transcripts, and tangible things), that are produced or generated in disclosures or responses to discovery in this matter. |
| Def.Expert | = | "Expert": a person with specialized knowledge or experience in a matter pertinent to the litigation who (1) has been retained by a Party or its counsel to serve as an expert witness or as a consultant in this action, (2) is not a past or current employee of a Party or of a Party's competitor, and (3) at the time of retention, is not anticipated to become an employee of a Party or of a Party's competitor. |
| Def.Highly_Confidential_-_Attorneys_Eyes_Only | = | "Highly Confidential - Attorneys' Eyes Only" Information or Items: extremely sensitive "Confidential Information or Items," disclosure of which to another Party or Non-Party would create a substantial risk of serious harm that could not be avoided by less restrictive means. |
| Def.Highly_Confidential_-_Source_Code | = | "Highly Confidential - Source Code" Information or Items: extremely sensitive "Confidential Information or Items" representing computer code and associated comments and revision histories, formulas, engineering specifications, or schematics that define or otherwise describe in detail the algorithms or structure of software or hardware designs, disclosure of which to another Party or Non-Party would create a substantial risk of serious harm that could not be avoided by less restrictive means. |
| Def.House_Counsel | = | "House Counsel": attorneys who are employees of a party to this action. House Counsel does not include Outside Counsel of Record or any other outside counsel. |
| Def.Non-Party | = | "Non-Party": any natural person, partnership, corporation, association, or other legal entity not named as a Party to this action. |
| Def.Outside_Counsel_of_Record | = | "Outside Counsel of Record": attorneys who are not employees of a Party to this action but are retained to represent or advise a Party to this action and have appeared in this action on behalf of that Party or are affiliated with a law firm which has appeared on behalf of that Party. |
| Def.Party | = | "Party": any party to this action, including all of its officers, directors, employees, consultants, retained experts, and Outside Counsel of Record (and their support staffs). |
| Def.Producing_Party | = | "Producing Party": a Party or Non-Party that produces Disclosure or Discovery Material in this action. |
| Def.Professional_Vendors | = | "Professional Vendors": persons or entities that provide litigation support services (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing, storing, or retrieving data in any form or medium) and their employees and subcontractors. |
| Def.Protected_Material | = | "Protected Material": any Disclosure or Discovery Material that is designated as "Confidential", "Highly Confidential - Attorneys' Eyes Only", or "Highly Confidential - Source Code." |
| Def.Receiving_Party | = | "Receiving Party": a Party that receives Disclosure or Discovery Material from a Producing Party. |
| Scope.Sec | = | SCOPE The protections conferred by this Stipulation and Order cover not only {Protected Material} (as defined above), but also (1) any information copied or extracted from {Protected Material}; (2) all copies, excerpts, summaries, or compilations of {Protected Material}; and (3) any testimony, conversations, or presentations by Parties or their {Counsel} that might reveal {Protected Material}. However, the protections conferred by this Stipulation and Order do not cover the following information: (a) any information that is in the public domain at the time of disclosure to a {Receiving Party} or becomes part of the public domain after its disclosure to a {Receiving Party} as a result of publication not involving a violation of this Order, including becoming part of the public record through trial or otherwise; and (b) any information known to the {Receiving Party} prior to the disclosure or obtained by the {Receiving Party} after the disclosure from a source who obtained the information lawfully and under no obligation of confidentiality to the {Designating Party}. Any use of {Protected Material} at trial shall be governed by a separate agreement or order. |
| Duration.Sec | = | DURATION Even after 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. |
| Designate.WithRestraint.Sec | = | Exercise of Restraint and Care in Designating Material for Protection Each {Party} or {Non-Party} that designates information or items for protection under this Order must take care to limit any such designation to specific material that qualifies under the appropriate standards. To the extent it is practical to do so, the {Designating Party} must designate for protection only those parts of material, documents, items, or oral or written communications that qualify - so that other portions of the material, documents, items, or communications for which protection is not warranted are not swept unjustifiably within the ambit of this Order. Mass, indiscriminate, or routinized designations are prohibited. Designations that are shown to be clearly unjustified or that have been made for an improper purpose (e.g., to unnecessarily encumber or retard the case development process or to impose unnecessary expenses and burdens on other parties) expose the {Designating Party} to sanctions. If it comes to a {Designating Party}'s attention that information or items that it designated for protection do not qualify for protection {C.2,or3.Designate.Correction}, that {Designating Party} must promptly notify all other Parties that it is withdrawing the mistaken designation. |
| C.2,or3.Designate.Correction | = | at all or do not qualify for the level of protection initially asserted |
| Designate.Manner.Sec | = | Manner and Timing of Designations Except as otherwise provided in this Order (see, e.g., second paragraph of section {5.2(a)} below), or as otherwise stipulated or ordered, {Disclosure or Discovery Material} that qualifies for protection under this Order must be clearly so designated before the material is disclosed or produced. Designation in conformity with this Order requires: |
| Designate.Manner.Docs.Sec | = | for information in documentary form (e.g., paper or electronic documents, but excluding transcripts of depositions or other pretrial or trial proceedings), that the {Producing Party} affix the legend {C.1,2,or3} to each page that contains {Protected Material}. If only a portion or portions of the material on a page qualifies for protection, the {Producing Party} also must clearly identify the protected portion(s) (e.g., by making appropriate markings in the margins){C.2or3.Designate.Manner.Docs}. A {Party} or {Non-Party} that makes original documents or materials available for inspection need not designate them for protection until after the inspecting {Party} has indicated which material it would like copied and produced. During the inspection and before the designation, all of the material made available for inspection shall be deemed {C.2.} After the inspecting {Party} has identified the documents it wants copied and produced, the {Producing Party} must determine which documents, or portions thereof, qualify for protection under this Order. Then, before producing the specified documents, the {Producing Party} must affix the {C.2or3.Designate.Legend} to each page that contains {Protected Material}. If only a portion or portions of the material on a page qualifies for protection, the {Producing Party} also must clearly identify the protected portion(s) (e.g., by making appropriate markings in the margins){C.2or3.Designate.Manner.Docs}. |
| C.2or3.Designate.Manner.Docs | = | and must specify, for each portion, the level of protection being asserted |
| C.2or3.Designate.Legend | = | appropriate legend ({C.1,2,or3}) |
| Designate.Manner.Testimony.Sec | = | for testimony given in deposition or in other pretrial or trial proceedings, that the {Designating Party} identify on the record, before the close of the deposition, hearing, or other proceeding, all protected testimony and specify the level of protection being asserted. When it is impractical to identify separately each portion of testimony that is entitled to protection and it appears that substantial portions of the testimony may qualify for protection, the {Designating Party} may invoke on the record (before the deposition, hearing, or other proceeding is concluded) a right to have up to 21 days to identify the specific portions of the testimony as to which protection is sought and to specify the level of protection being asserted. Only those portions of the testimony that are appropriately designated for protection within the 21 days shall be covered by the provisions of this Stipulated Protective Order. Alternatively, a {Designating Party} may specify, at the deposition or up to 21 days afterwards if that period is properly invoked, that the entire transcript shall be treated as {C.1or2.} Parties shall give the other parties notice if they reasonably expect a deposition, hearing, or other proceeding to include {Protected Material} so that the other parties can ensure that only authorized individuals who have signed the {Agt2Bind.ExhA} are present at those proceedings. The use of a document as an exhibit at a deposition shall not in any way affect its designation as {C.1or2.} Transcripts containing {Protected Material} shall have an obvious legend on the title page that the transcript contains {Protected Material}, and the title page shall be followed by a list of all pages (including line numbers as appropriate) that have been designated as {Protected Material} and the level of protection being asserted by the {Designating Party}. The {Designating Party} shall inform the court reporter of these requirements. Any transcript that is prepared before the expiration of a 21-day period for designation shall be treated during that period as if it had been designated {C.2} in its entirety unless otherwise agreed. After the expiration of that period, the transcript shall be treated only as actually designated. |
| Designate.Manner.Other.Sec | = | for information produced in some form other than documentary and for any other tangible items, that the {Producing Party} affix in a prominent place on the exterior of the container or containers in which the information or item is stored the legend {C.1,2,or3.} If only a portion or portions of the information or item warrant protection, the {Producing Party}, to the extent practicable, shall identify the protected portion(s){C.2or3.Designate.Manner.Other}. |
| C.2or3.Designate.Manner.Other | = | and specify the level of protection being asserted |
| Designate.Failure.Sec | = | Inadvertent Failures to Designate If timely corrected, an inadvertent failure to designate qualified information or items does not, standing alone, waive the {Designating Party}'s right to secure protection under this Order for such material. Upon timely correction of a designation, the {Receiving Party} must make reasonable efforts to assure that the material is treated in accordance with the provisions of this Order. |
| Challenge.Timing.Sec | = | Timing of Challenges Any {Party} or {Non-Party} may challenge a designation of confidentiality at any time. Unless a prompt challenge to a {Designating Party}'s confidentiality designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic burdens, or a significant disruption or delay of the litigation, a {Party} does not waive its right to challenge a confidentiality designation by electing not to mount a challenge promptly after the original designation is disclosed. |
| Challenge.Confer.Sec | = | Meet and Confer The {Challenging Party} shall initiate the dispute resolution process by providing written notice of each designation it is challenging and describing the basis for each challenge. To avoid ambiguity as to whether a challenge has been made, the written notice must recite that the challenge to confidentiality is being made in accordance with this specific paragraph of the Protective Order. The parties shall attempt to resolve each challenge in good faith and must begin the process by conferring directly (in voice to voice dialogue; other forms of communication are not sufficient) within 14 days of the date of service of notice. In conferring, the {Challenging Party} must explain the basis for its belief that the confidentiality designation was not proper and must give the {Designating Party} an opportunity to review the designated material, to reconsider the circumstances, and, if no change in designation is offered, to explain the basis for the chosen designation. A {Challenging Party} may proceed to the next stage of the challenge process only if it has engaged in this meet and confer process first or establishes that the {Designating Party} is unwilling to participate in the meet and confer process in a timely manner. |
| Challenge.Judge.Sec | = | Judicial Intervention If the {Parties} cannot resolve a challenge without court intervention, the {Designating Party} shall file and serve a motion to retain confidentiality under {Civil Local Rule 7} (and in compliance with {Civil Local Rule 79-5}, if applicable) within 21 days of the initial notice of challenge or within 14 days of the parties agreeing that the meet and confer process will not resolve their dispute, whichever is earlier. Each such motion must be accompanied by a competent declaration affirming that the movant has complied with the meet and confer requirements imposed in the preceding paragraph. Failure by the {Designating Party} to make such a motion including the required declaration within 21 days (or 14 days, if applicable) shall automatically waive the confidentiality designation for each challenged designation. In addition, the {Challenging Party} may file a motion challenging a confidentiality designation at any time if there is good cause for doing so, including a challenge to the designation of a deposition transcript or any portions thereof. Any motion brought pursuant to this provision must be accompanied by a competent declaration affirming that the movant has complied with the meet and confer requirements imposed by the preceding paragraph. The burden of persuasion in any such challenge proceeding shall be on the {Designating Party}. Frivolous challenges and those made for an improper purpose (e.g., to harass or impose unnecessary expenses and burdens on other parties) may expose the {Challenging Party} to sanctions. Unless the {Designating Party} has waived the confidentiality designation by failing to file a motion to retain confidentiality as described above, all parties shall continue to afford the material in question the level of protection to which it is entitled under the {Producing Party}'s designation until the court rules on the challenge. |
| Access.Principle.Sec | = | Basic Principles A {Receiving Party} may use {Protected Material} that is disclosed or produced by another {Party} or by a {Non-Party} in connection with this case only for prosecuting, defending, or attempting to settle this litigation. Such {Protected Material} may be disclosed only to the categories of persons and under the conditions described in this Order. When the litigation has been terminated, a {Receiving Party} must comply with the provisions of section {15} below (FINAL DISPOSITION). {Protected Material} must be stored and maintained by a {Receiving Party} at a location and in a secure manner that ensures that access is limited to the persons authorized under this Order. |
| Access.Confidential.Who.Sec | = | Disclosure of "{Confidential}" Information or Items Unless otherwise ordered by the court or permitted in writing by the {Designating Party}, a {Receiving Party} may disclose any information or item designated "{Confidential}" only to: |
| Access.Confidential.Who.OutsideCounsel.Sec | = | the {Receiving Party}'s {Outside Counsel of Record} in this action, as well as employees of said {Outside Counsel of Record} to whom it is reasonably necessary to disclose the information for this litigation and who have signed the {Agt2Bind.AsExhA}; |
| Access.Confidential.Who.Officer.Sec | = | the officers, directors, and employees (including {House Counsel}) of the {Receiving Party} to whom disclosure is reasonably necessary for this litigation and who have signed the {Agt2Bind.ExhA}; |
| Access.Confidential.Who.Expert.Sec | = | {Expert}s (as defined in this Order) of the {Receiving Party} to whom disclosure is reasonably necessary for this litigation and who have signed the {Agt2Bind.ExhA}; |
| Access.Confidential.Who.Court.Sec | = | the court and its personnel; |
| Access.Confidential.Who.CourtReporter.Sec | = | 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 {Agt2Bind.ExhA}; |
| Access.Confidential.Who.Witness.Sec | = | during their depositions, witnesses in the action to whom disclosure is reasonably necessary and who have signed the {Agt2Bind.ExhA}, unless otherwise agreed by the {Designating Party} or ordered by the court. Pages of transcribed deposition testimony or exhibits to depositions that reveal {Protected Material} must be separately bound by the court reporter and may not be disclosed to anyone except as permitted under this Stipulated Protective Order. |
| Access.Confidential.Who.Participant.Sec | = | the author or recipient of a document containing the information or a custodian or other person who otherwise possessed or knew the information. |
| Access.HighlyConfidential.Who.Sec | = | Disclosure of {C.2and3} Information or Items Unless otherwise ordered by the court or permitted in writing by the {Designating Party}, a {Receiving Party} may disclose any information or item designated {C.2or3} only to: |
| Access.HighlyConfidential.Who.OutsideCounsel.Sec | = | the {Receiving Party}'s {Outside Counsel of Record} in this action, as well as employees of said {Outside Counsel of Record} to whom it is reasonably necessary to disclose the information for this litigation and who have signed the {Agt2Bind.AsExhA} |
| Access.HighlyConfidential.Who.DesignatedHouseCounsel.Sec | = | {Designated House Counsel} of the {Receiving Party} (1) who has no involvement in competitive decision-making, (2) to whom disclosure is reasonably necessary for this litigation, (3) who has signed the {Agt2Bind.ExhA}, and (4) as to whom the procedures set forth in paragraph {7.4(a)(1)}, below, have been followed |
| Access.HighlyConfidential.Who.Expert.Sec | = | {Expert}s of the {Receiving Party} (1) to whom disclosure is reasonably necessary for this litigation, (2) who have signed the {Agt2Bind.ExhA}, and (3) as to whom the procedures set forth in paragraph {7.4(a)(2)}, below, have been followed |
| Access.HighlyConfidential.Who.Court.Sec | = | the court and its personnel |
| Access.HighlyConfidential.Who.CourtReporter.Sec | = | 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 {Agt2Bind.ExhA} |
| Access.HighlyConfidential.Who.Participant.Sec | = | the author or recipient of a document containing the information or a custodian or other person who otherwise possessed or knew the information |
| Access.HighlyConfidential.Procedure.Sec | = | Procedures for Approving or Objecting to Disclosure of {C.2or3} Information or Items to {Designated House Counsel} or {Expert}s |
| Access.Procedure.Request.Sec | = | (1) Unless otherwise ordered by the court or agreed to in writing by the {Designating Party}, a {Party} that seeks to disclose to {Designated House Counsel} any information or item that has been designated {C.2} pursuant to paragraph {7.3(b)} first must make a written request to the {Designating Party} that (1) sets forth the full name of the {Designated House Counsel} and the city and state of his or her residence and (2) describes the {Designated House Counsel}'s current and reasonably foreseeable future primary job duties and responsibilities in sufficient detail to determine if {House Counsel} is involved, or may become involved, in any competitive decision-making. (2) Unless otherwise ordered by the court or agreed to in writing by the {Designating Party}, a {Party} that seeks to disclose to an {Expert} (as defined in this Order) any information or item that has been designated {C.2or3} pursuant to paragraph {7.3(c)} first must make a written request to the {Designating Party} that (1) identifies the general categories of {C.2or3} information that the {Receiving Party} seeks permission to disclose to the {Expert}, (2) sets forth the full name of the {Expert} and the city and state of his or her primary residence, (3) attaches a copy of the {Expert}'s current resume, (4) identifies the {Expert}'s current employer(s), (5) identifies each person or entity from whom the {Expert} has received compensation or funding for work in his or her areas of expertise or to whom the expert has provided professional services, including in connection with a litigation, at any time during the preceding five years, and (6) identifies (by name and number of the case, filing date, and location of court) any litigation in connection with which the {Expert} has offered expert testimony, including through a declaration, report, or testimony at a deposition or trial, during the preceding five years. |
| Access.Procedure.TimeForObjection.Sec | = | A {Party} that makes a request and provides the information specified in the preceding respective paragraphs may disclose the subject {Protected Material} to the identified {Designated House Counsel} or {Expert} unless, within 14 days of delivering the request, the {Party} receives a written objection from the {Designating Party}. Any such objection must set forth in detail the grounds on which it is based. |
| Access.Procedure.ConferOnObjection.Sec | = | A {Party} that receives a timely written objection must meet and confer with the {Designating Party} (through direct voice to voice dialogue) to try to resolve the matter by agreement within seven days of the written objection. If no agreement is reached, the {Party} seeking to make the disclosure to {Designated House Counsel} or the {Expert} may file a motion as provided in {Civil Local Rule 7} (and in compliance with {Civil Local Rule 79-5}, if applicable) seeking permission from the court to do so. Any such motion must describe the circumstances with specificity, set forth in detail the reasons why disclosure to {Designated House Counsel} or the {Expert} is reasonably necessary, assess the risk of harm that the disclosure would entail, and suggest any additional means that could be used to reduce that risk. In addition, any such motion must be accompanied by a competent declaration describing the parties' efforts to resolve the matter by agreement (i.e., the extent and the content of the meet and confer discussions) and setting forth the reasons advanced by the {Designating Party} for its refusal to approve the disclosure. In any such proceeding, the {Party} opposing disclosure to {Designated House Counsel} or the {Expert} shall bear the burden of proving that the risk of harm that the disclosure would entail (under the safeguards proposed) outweighs the {Receiving Party}'s need to disclose the {Protected Material} to its {Designated House Counsel} or {Expert}. |
| ProsecutionBar.Sec | = | PROSECUTION BAR Absent written consent from the {Producing Party}, any individual who receives access to {C.2or3} information shall not be involved in the prosecution of patents or patent applications relating to {ProsecutionBar.SubjectMatter}, including without limitation the patents asserted in this action and any patent or application claiming priority to or otherwise related to the patents asserted in this action, before any foreign or domestic agency, including the United States Patent and Trademark Office ("the Patent Office"). For purposes of this paragraph, "prosecution" includes directly or indirectly drafting, amending, advising, or otherwise affecting the scope or maintenance of patent claims. To avoid any doubt, "prosecution" as used in this paragraph does not include representing a party challenging a patent before a domestic or foreign agency (including, but not limited to, a reissue protest, ex parte reexamination or inter partes reexamination). This Prosecution Bar shall begin when access to {C.2or3} information is first received by the affected individual and shall end two (2) years after final termination of this action. |
| ProsecutionBar.SubjectMatter | = | {? ProsecutionBar.SubjectMatter} insert subject matter of the invention and of highly confidential technical information to be produced |
| SourceCode.Designate.Sec | = | To the extent production of source code becomes necessary in this case, a {Producing Party} may designate source code as "{Highly Confidential - Source Code}" if it comprises or includes confidential, proprietary or trade secret source code. |
| SourceCode.Protection.Sec | = | {Protected Material} designated as {C.3} shall be subject to all of the protections afforded to {C.2} information, including the Prosecution Bar set forth in Paragraph {8}, and may be disclosed only to the individuals to whom {C.2} information may be disclosed, as set forth in Paragraphs {7.3} and {7.4}, with the exception of {Designated House Counsel}. |
| SourceCode.Access.Sec | = | Any source code produced in discovery shall be made available for inspection, in a format allowing it to be reasonably reviewed and searched, during normal business hours or at other mutually agreeable times, at an office of the {Producing Party}'s counsel or another mutually agreed upon location. The source code shall be made available for inspection on a secured computer in a secured room without Internet access or network access to other computers, and the {Receiving Party} shall not copy, remove, or otherwise transfer any portion of the source code onto any recordable media or recordable device. The {Producing Party} may visually monitor the activities of the {Receiving Party}'s representatives during any source code review, but only to ensure that there is no unauthorized recording, copying, or transmission of the source code. |
| SourceCode.PaperCopy.Sec | = | The {Receiving Party} may request paper copies of limited portions of source code that are reasonably necessary for the preparation of court filings, pleadings, expert reports, or other papers, or for deposition or trial, but shall not request paper copies for the purpose of reviewing the source code other than electronically as set forth in paragraph (c) in the first instance. The {Producing Party} shall provide all such source code in paper form, including bates numbers and the label {C.3.} The {Producing Party} may challenge the amount of source code requested in hard copy form pursuant to the dispute resolution procedure and timeframes set forth in Paragraph 6 whereby the {Producing Party} is the "{Challenging Party}" and the {Receiving Party} is the "{Designating Party}" for purposes of dispute resolution. |
| SourceCode.Care.Sec | = | The {Receiving Party} shall maintain a record of any individual who has inspected any portion of the source code in electronic or paper form. The {Receiving Party} shall maintain all paper copies of any printed portions of the source code in a secured, locked area. The {Receiving Party} shall not create any electronic or other images of the paper copies and shall not convert any of the information contained in the paper copies into any electronic format. The {Receiving Party} shall only make additional paper copies if such additional copies are (1) necessary to prepare court filings, pleadings, or other papers (including a testifying expert's expert report), (2) necessary for deposition, or (3) otherwise necessary for the preparation of its case. Any paper copies used during a deposition shall be retrieved by the {Producing Party} at the end of each day and must not be given to or left with a court reporter or any other unauthorized individual. |
| OtherLit.Intro | = | If a {Party} is served with a subpoena or a court order issued in other litigation that compels disclosure of any information or items designated in this action as {C.1,2,or3} that {Party} must |
| OtherLit.NotifyDesignatingParty.Sec | = | promptly notify in writing the {Designating Party}. Such notification shall include a copy of the subpoena or court order |
| OtherLit.NotifyOtherLitigant.Sec | = | promptly notify in writing the party who caused the subpoena or order to issue in the other litigation that some or all of the material covered by the subpoena or order is subject to this Protective Order. Such notification shall include a copy of this Stipulated Protective Order |
| OtherLit.Cooperate.Sec | = | cooperate with respect to all reasonable procedures sought to be pursued by the {Designating Party} whose {Protected Material} may be affected |
| OtherLit.Wait.Sec | = | If the {Designating Party} timely seeks a protective order, the {Party} served with the subpoena or court order shall not produce any information designated in this action as {C.1,2,or3} before a determination by the court from which the subpoena or order issued, unless the {Party} has obtained the {Designating Party}'s permission. The {Designating Party} shall bear the burden and expense of seeking protection in that court of its confidential material - and nothing in these provisions should be construed as authorizing or encouraging a {Receiving Party} in this action to disobey a lawful directive from another court. |
| Non-PartyInfo.IsSubject.Sec | = | The terms of this Order are applicable to information produced by a {Non-Party} in this action and designated as {C.1,2,or3.} Such information produced by Non-Parties in connection with this litigation is protected by the remedies and relief provided by this Order. Nothing in these provisions should be construed as prohibiting a {Non-Party} from seeking additional protections. |
| Non-PartyInfo.Procedure.Sec | = | In the event that a {Party} is required, by a valid discovery request, to produce a {Non-Party}'s confidential information in its possession, and the {Party} is subject to an agreement with the {Non-Party} not to produce the {Non-Party}'s confidential information, then the {Party} shall: |
| Non-PartyInfo.Procedure.Notify.Sec | = | promptly notify in writing the {Requesting Party} and the {Non-Party} that some or all of the information requested is subject to a confidentiality agreement with a {Non-Party} |
| Non-PartyInfo.Procedure.InformNon-Party.Sec | = | promptly provide the {Non-Party} with a copy of the Stipulated Protective Order in this litigation, the relevant discovery request(s), and a reasonably specific description of the information requested |
| Non-PartyInfo.Procedure.PermitNon-PartyAccess.Sec | = | make the information requested available for inspection by the {Non-Party} |
| Non-PartyInfo.TimeForObjection.Sec | = | If the {Non-Party} fails to object or seek a protective order from this court within 14 days of receiving the notice and accompanying information, the {Receiving Party} may produce the {Non-Party}'s confidential information responsive to the discovery request. If the {Non-Party} timely seeks a protective order, the {Receiving Party} shall not produce any information in its possession or control that is subject to the confidentiality agreement with the {Non-Party} before a determination by the court. Absent a court order to the contrary, the {Non-Party} shall bear the burden and expense of seeking protection in this court of its {Protected Material}. |
| Leak.Sec | = | UNAUTHORIZED DISCLOSURE OF {PROTECTED MATERIAL} If a {Receiving Party} learns that, by inadvertence or otherwise, it has disclosed {Protected Material} to any person or in any circumstance not authorized under this Stipulated Protective Order, the {Receiving Party} must immediately (a) notify in writing the {Designating Party} of the unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized copies of the {Protected Material}, (c) inform the person or persons to whom unauthorized disclosures were made of all the terms of this Order, and (d) request such person or persons to execute the {Agt2Bind.AsExhA}. |
| Spill.Sec | = | INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED MATERIAL When a {Producing Party} gives notice to Receiving Parties that certain inadvertently produced material is subject to a claim of privilege or other protection, the obligations of the Receiving Parties are those set forth in {FRCP 26(b)(5)(B)}. This provision is not intended to modify whatever procedure may be established in an e-discovery order that provides for production without prior privilege review. Pursuant to {FRE 502(d) and (e)}, insofar as the parties reach an agreement on the effect of disclosure of a communication or information covered by the attorney-client privilege or work product protection, the parties may incorporate their agreement in the stipulated protective order submitted to the court. |
| Misc.FurtherRelief.Sec | = | Right to Further Relief Nothing in this Order abridges the right of any person to seek its modification by the court in the future. |
| Misc.OtherObjection.Sec | = | Right to Assert Other Objections By stipulating to the entry of this Protective Order no {Party} waives any right it otherwise would have to object to disclosing or producing any information or item on any ground not addressed in this Stipulated Protective Order. Similarly, no {Party} waives any right to object on any ground to use in evidence of any of the material covered by this Protective Order. |
| Misc.ExportControl.Sec | = | Export Control Disclosure of {Protected Material} shall be subject to all applicable laws and regulations relating to the export of technical data contained in such {Protected Material}, including the release of such technical data to foreign persons or nationals in the United States or elsewhere. The {Producing Party} shall be responsible for identifying any such controlled technical data, and the {Receiving Party} shall take measures necessary to ensure compliance. |
| Misc.NoOpenFiling.Sec | = | Filing {Protected Material} Without written permission from the {Designating Party} or a court order secured after appropriate notice to all interested persons, a {Party} may not file in the public record in this action any {Protected Material}. A {Party} that seeks to file under seal any {Protected Material} must comply with {Civil Local Rule 79-5}. {Protected Material} may only be filed under seal pursuant to a court order authorizing the sealing of the specific {Protected Material} at issue. Pursuant to {Civil Local Rule 79-5}, a sealing order will issue only upon a request establishing that the {Protected Material} at issue is privileged, protectable as a trade secret, or otherwise entitled to protection under the law. If a {Receiving Party}'s request to file {Protected Material} under seal pursuant to {Civil Local Rule 79-5(e)} is denied by the court, then the {Receiving Party} may file the {Protected Material} in the public record pursuant to {Civil Local Rule 79-5(e)(2)} unless otherwise instructed by the court. |
| FinalDisposition.Sec | = | FINAL DISPOSITION Within 60 days after the final disposition of this action, as defined in paragraph {4}, each {Receiving Party} must return all {Protected Material} to the {Producing Party} or destroy such material. As used in this subdivision, "all {Protected Material}" includes all copies, abstracts, compilations, summaries, and any other format reproducing or capturing any of the {Protected Material}. Whether the {Protected Material} is returned or destroyed, the {Receiving Party} must submit a written certification to the {Producing Party} (and, if not the same person or entity, to the {Designating Party}) by the 60 day deadline that (1) identifies (by category, where appropriate) all the {Protected Material} that was returned or destroyed and (2) affirms that the {Receiving Party} has not retained any copies, abstracts, compilations, summaries or any other format reproducing or capturing any of the {Protected Material}. Notwithstanding this provision, {Counsel} are entitled to retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert reports, attorney work product, and consultant and expert work product, even if such materials contain {Protected Material}. Any such archival copies that contain or constitute {Protected Material} remain subject to this Protective Order as set forth in Section {4} (DURATION). |
| Conf Shorthand | = | The full phrases are fiddly to write and can be automated better through shorthand. The actual completion of the definitions takes place in the Definitions page. |
| C.1 | = | "{Confidential}" |
| C.2 | = | "{Highly Confidential - Attorneys' Eyes Only}" |
| C.2. | = | "{Highly Confidential - Attorneys' Eyes Only}." |
| C.3 | = | "{Highly Confidential - Source Code}" |
| C.2and3 | = | "{Confidential}" and "{Highly Confidential - Attorneys' Eyes Only}" |
| C.1or2 | = | "{Confidential}" or "{Highly Confidential - Attorneys' Eyes Only}" |
| C.1or2. | = | "{Confidential}" or "{Highly Confidential - Attorneys' Eyes Only}." |
| C.2or3 | = | "{Confidential}" or "{Highly Confidential - Attorneys' Eyes Only}" |
| C.1and2 | = | "{Confidential}" and "{Highly Confidential - Attorneys' Eyes Only}" |
| C.1,2,or3 | = | "{Confidential}," "{Highly Confidential - Attorneys' Eyes Only}," or "{Highly Confidential - Source Code}" |
| C.1,2,or3. | = | "{Confidential}," "{Highly Confidential - Attorneys' Eyes Only}," or "{Highly Confidential - Source Code}." |
| C.3. | = | "{Highly Confidential - Source Code}" |
| Agt2Bind | = | Acknowledgement and Agreement to be Bound |
| ExhA | = | Exhibit A |
| Agt2Bind.ExhA | = | {Agt2Bind} ({ExhA}) |
| Agt2Bind.AsExhA | = | {Agt2Bind} that is attached hereto as {ExhA} |
| Cross-references | = | - |
| 4 | = | 4 |
| 4(a) | = | {4}.1 |
| 4(a)(1) | = | {4(a)}(1) |
| 5 | = | 5 |
| 5.2 | = | {5}.2 |
| 5.2(a) | = | {5.2}.1 |
| 7 | = | 7 |
| 7.3 | = | {7}.3 |
| 7.3(b) | = | {7.3}.2 |
| 7.3(c) | = | {7.3}.3 |
| 7.4 | = | {7}.4 |
| 7.4(a) | = | {7.4}(1) |
| 7.4(a)(1) | = | {7.4(a)}(1) |
| 7.4(a)(2) | = | {7.4(a)}(2) |
| ? ProsecutionBar.SubjectMatter | = | |
| 8 | = | 8 |
| 14 | = | 14 |
| 14.4 | = | {14}.4 |
| 15 | = | 15 |
| FtNt1 | = | 1 |
| FtNt2 | = | 2 |
| FtNt3 | = | 3 |
| FtNt4 | = | 4 |
| FtNt5 | = | 5 |
| FtNt6 | = | 6 |
| FtNt7 | = | 7 |
| FtNt8 | = | 8 |
| FtNt9 | = | 9 |
| Civil Local Rule 79-5 | = | Civil Local Rule 79-5 |
| Protected Material | = | Protected Material |
| Counsel | = | Counsel |
| Receiving Party | = | Receiving Party |
| Designating Party | = | Designating Party |
| PROTECTED MATERIAL | = | PROTECTED MATERIAL |
| Party | = | Party |
| Non-Party | = | Non-Party |
| Disclosure or Discovery Material | = | Disclosure or Discovery Material |
| Producing Party | = | Producing Party |
| Confidential | = | Confidential |
| Highly Confidential - Attorneys' Eyes Only | = | Highly Confidential - Attorneys' Eyes Only |
| Highly Confidential - Source Code | = | Highly Confidential - Source Code |
| Challenging Party | = | Challenging Party |
| Parties | = | Parties |
| Civil Local Rule 7 | = | Civil Local Rule 7 |
| Outside Counsel of Record | = | Outside Counsel of Record |
| House Counsel | = | House Counsel |
| Expert | = | Expert |
| Professional Vendors | = | Professional Vendors |
| Designated House Counsel | = | Designated House Counsel |
| NON-PARTY | = | NON-PARTY |
| Requesting Party | = | Requesting Party |
| FRCP 26(b)(5)(B) | = | FRCP 26(b)(5)(B) |
| FRE 502(d) and (e) | = | FRE 502(d) and (e) |
| Civil Local Rule 79-5(e) | = | Civil Local Rule 79-5(e) |
| Civil Local Rule 79-5(e)(2) | = | Civil Local Rule 79-5(e)(2) |
| Attach.Sec | = | {ExhA.Doc} |
| ExhA. | = | [G/USDC-CAND-PatentProtectiveOrder-CmA/Exh_A_Agreement_to_be_Bound/0.md] |
| = | [G/Pleading-Form-US-CmA/0.md] | |