Carl Zeiss et al v. Nikon Corporation et al
Filing
63
PROTECTIVE ORDER by Magistrate Judge Michael R. Wilner, re: Stipulation for Protective Order, 62 . (mz)
1 Christopher S. Marchese (170239)
marchese@fr.com
FISH & RICHARDSON P.C.
3 555 West Fifth Street, 31st Floor
Los Angeles, CA 90013
4
Telephone: (213) 533-4240
5 Facsimile: (877) 417-2378
2
6
Kurt L. Glitzenstein (Pro Hac Vice)
7 glitzenstein@fr.com
8 FISH & RICHARDSON P.C.
One Marina Park Drive
9 Boston, MA 02210-1878
10 Telephone: (617) 542-5070
Facsimile: (617) 542-8906
11
12 Olga I. May (232012)
omay@fr.com
13 FISH & RICHARDSON P.C.
14 12390 El Camino Real
San Diego, California 92130
15 Telephone: (858) 678-4745
16 Facsimile: (858) 678-5099
17 Attorneys for Plaintiffs
18 CARL ZEISS AG and ASML
19
20
21
22
23
24
NETHERLANDS B.V.
[Caption continued on following page.]
IN THE UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION
CARL ZEISS AG and ASML
Case No. 2:17-cv-03221-RGK (MRWx)
NETHERLANDS B.V.,
STIPULATED PROTECTIVE ORDER
Plaintiffs,
v.
25
Judge: Hon. R. Gary Klausner
NIKON CORPORATION, SENDAI
NIKON CORPORATION, and NIKON Magistrate Judge: Hon. Michael R. Wilner
27 INC.,
Defendants.
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2
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6
Vincent J. Belusko (100282)
VBelusko@mofo.com
Roman A. Swoopes (274167)
RSwoopes@mofo.com
MORRISON & FOERSTER LLP
707 Wilshire Boulevard
Los Angeles, CA 90017-3543
Telephone: 213.892.5200
Facsimile: 213.892.5454
7
8
Jack W. Londen (85776)
9
Shaelyn K Dawson (288278)
10
11
12
13
14
15
16
JLonden@mofo.com
shaelyndawson@mofo.com
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, CA 94105-2482
Telephone: 415.268.7000
Facsimile: 415.268.7522
Attorneys for Defendants
NIKON CORPORATION, SENDAI
NIKON CORPORATION, and NIKON INC.
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27
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STIPULATED PROTECTIVE ORDER
Case 2:17-cv-03221-RGK (MRWx)
1
1.
INTRODUCTION
2
1.1
3
Disclosure and discovery activity in this Action are likely to involve
4
production of confidential, proprietary, or private information for which special
5
protection from public disclosure and from use for any purpose other than
6
prosecuting this Action may be warranted. Accordingly, the parties hereby stipulate
7
to and petition the court to enter the following Stipulated Protective Order. The
8
parties acknowledge that this Order does not confer blanket protections on all
9
disclosures or responses to discovery and that the protection it affords from public
10
disclosure and use extends only to the limited information or items that are entitled
11
to confidential treatment under the applicable legal principles. The parties further
12
acknowledge, as set forth in Section 13.3, below, that this Stipulated Protective
13
Order does not entitle them to file confidential information under seal; Civil Local
14
Rule 79-5 sets forth the procedures that must be followed and the standards that will
15
be applied when a party seeks permission from the court to file material under seal.
PURPOSES AND LIMITATIONS
16
1.2
17
Some of the material expected to be exchanged between the parties is
18
information that is not generally available to the public, and that is maintained in
19
confidence by the Producing Party. Special protection from public disclosure and
20
from use for any purpose other than prosecution of this Action is warranted.
21
Examples of confidential information that the parties may seek to protect from
22
unrestricted or unprotected disclosure include:
23
(a)
24
25
26
GOOD CAUSE STATEMENT
Information that is the subject of a non-disclosure or confidentiality
agreement or obligation;
(b)
The names, or other information tending to reveal the identity of a
party’s supplier, designer, distributor, or customer;
27
28
1
STIPULATED PROTECTIVE ORDER
Case 2:17-cv-03221-RGK (MRWx)
1
(c)
Agreements with third parties, including license agreements, distributor
2
agreements,
3
development agreements, supply agreements, sales agreements, or
4
service agreements;
manufacturing
agreements,
design
agreements,
5
(d)
Research and development information;
6
(e)
Proprietary engineering or technical information, including product
7
design, manufacturing techniques, processing information, drawings,
8
memoranda, source code, and reports;
9
(f)
Information related to budgets, sales, profits, costs, margins, licensing
10
of technology or designs, product pricing, or other internal
11
financial/accounting information, including non-public information
12
related to financial condition or performance and income or other non-
13
public tax information;
14
(g)
15
Information related to internal operations including personnel
information and confidential business practices;
16
(h)
Information related to past, current and future product development;
17
(i)
Information related to past, current and future market analyses and
18
business and marketing development, including plans, strategies,
19
forecasts and competition;
20
(j)
21
22
Trade secrets (as defined by the jurisdiction in which the information is
located); and
(k)
Information that may be privileged or otherwise protected from
23
disclosure under state or federal statutes, court rules, case decisions, or
24
common law.
25
Unrestricted or unprotected disclosure of such confidential technical,
26
commercial or personal information would result in prejudice or harm to the
27
Producing Party by revealing the Producing Party’s competitive confidential
28
2
STIPULATED PROTECTIVE ORDER
Case 2:17-cv-03221-RGK (MRWx)
1
information, which has been developed at the expense of the Producing Party and
2
which represents valuable tangible and intangible assets of that party. Additionally,
3
privacy interests must be safeguarded. Accordingly, the parties respectfully submit
4
that there is good cause for the entry of this Protective Order.
5
It is the intent of the parties that information will not be designated as
6
confidential for tactical reasons and that nothing will be so designated without a
7
good faith belief that there is good cause why it should not be part of the public
8
record of this case.
9
The parties agree, subject to the Court’s approval, that the following terms
10
and conditions shall apply to this Action.
11
2.
12
DEFINITIONS
2.1
Action: CARL ZEISS AG and ASML NETHERLANDS B.V. v.
13
NIKON CORPORATION, SENDAI NIKON CORPORATION, and NIKON INC.,
14
Case No. 2:17-cv-03221-RGK (MRWx).
15
16
2.2
Challenging Party: A Party or Non-Party that challenges the
designation of information or items under this Order.
17
2.3
“CONFIDENTIAL” Information or Items: Protected Data, information
18
(regardless of how it is generated, stored or maintained), and/or tangible things that
19
qualify for protection under Federal Rule of Civil Procedure 26(c), and as specified
20
above in the Good Cause Statement. For the purposes of the Protective Order,
21
Protected Data means any information that a party believes in good faith to be
22
subject to federal, state or foreign data protection laws or other privacy obligations.
23
Such
24
(Bundesdatenschutzgesetz) (BDSG), which regulates data protection in Germany
25
and the Dutch Personal Data Protection Act, which applies in the Netherlands. Other
26
examples of such data protection laws include, without limitation, the Gramm-
27
Leach-Bliley Act, 15 U.S.C. § 6801 et seq. (financial information); The Health
data
protection
laws
include
the
Federal
Data
Protection
Act,
28
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STIPULATED PROTECTIVE ORDER
Case 2:17-cv-03221-RGK (MRWx)
1
Insurance Portability and Accountability Act and the regulations thereunder, 45 CFR
2
Part 160 and Subparts A and E of Part 164 (medical information); Directive
3
95/46/EC of the European Parliament and of the Council of 24 October 1995 on the
4
Protection of Individuals with Regard to the Processing of Personal Data and on the
5
Free Movement of Such Data, 1995 O.J. (L281/31) (European Union personal
6
information); Data Protection Act 1998 (c. 29) (United Kingdom personal
7
information); the Belgian Law of December 8, 1992 on Privacy Protection in
8
relation to the Processing of Personal Data (Belgium personal information); and The
9
Personal Information Protection Act (Law No. 57 of 2003) (Japan personal
10
information).
11
Protected Data constitutes highly sensitive materials requiring special
12
protection, including, but not limited to, “information concerning the personal or
13
material circumstances of an identified or identifiable individual” as defined in
14
Section 3(1) of the Federal Data Protection Act.
15
2.4
“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”
16
Information or Items: Extremely sensitive “Confidential Information or Items,”
17
disclosure of which to another Party or Non-Party would create a substantial risk of
18
serious harm that could not be avoided by less restrictive means.
19
2.5
“HIGHLY CONFIDENTIAL – SOURCE CODE” Information or
20
Items: Extremely sensitive discovery material that contains or substantively relates
21
to a party’s Source Code. For purposes of this Order, “Source Code” means source
22
code, computer code, object code (i.e., computer instructions and data definitions
23
expressed in a form suitable for input to an assembler, compiler, or other translator),
24
microcode, pseudocode, source code listings and descriptions of source code, object
25
code listings and descriptions of object code, register transfer language (“RTL”),
26
firmware, and hardware description language (“HDL”), as well as any and all
27
programmer notes, annotations, revision histories, and other comments of any type
28
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STIPULATED PROTECTIVE ORDER
Case 2:17-cv-03221-RGK (MRWx)
1
related thereto and accompanying the code. For avoidance of doubt, this includes,
2
but is not limited to, source files, make files, intermediate output files, executable
3
files, header files, resource files, binaries, scripts, algorithms, library files, module
4
definition files, map files, object files, linker files, browse info files, and debug files.
5
6
7
2.6
Counsel (without qualifier): Outside Counsel of Record and House
Counsel (as well as their support staff).
2.7
Designating Party: A Party or Non-Party that designates information or
8
items that it produces in disclosures or in responses to discovery as
9
“CONFIDENTIAL,” “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
10
11
ONLY,” or “HIGHLY CONFIDENTIAL – SOURCE CODE.”
2.8
Disclosure or Discovery Material: All items or information, regardless
12
of the medium or manner in which it is generated, stored, or maintained (including,
13
among other things, testimony, transcripts, and tangible things), that are produced or
14
generated in disclosures or responses to discovery in this matter.
15
2.9
Expert: A person with specialized knowledge or experience in a matter
16
pertinent to this Action who (1) has been retained by a Party or its counsel to serve
17
as an expert witness or as a consultant in this Action, (2) is not a past or current
18
employee of a Party or of a Party’s competitor, and (3) at the time of retention, is not
19
anticipated to become an employee of a Party or of a Party’s competitor.
20
2.10 House Counsel: Attorneys who are employees of a party to this Action.
21
House Counsel does not include Outside Counsel of Record or any other outside
22
counsel.
23
24
2.11 Non-Party: Any natural person, partnership, corporation, association, or
other legal entity not named as a Party to this Action.
25
2.12 Outside Counsel of Record: Attorneys who are not employees of a
26
party to this Action but are retained to represent or advise a party to this Action and
27
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STIPULATED PROTECTIVE ORDER
Case 2:17-cv-03221-RGK (MRWx)
1
have appeared in this Action on behalf of that party or are affiliated with a law firm
2
which has appeared on behalf of that party, and includes support staff.
3
2.13 Party: Any party to this Action, including all of its officers, directors,
4
employees, consultants, retained experts, and Outside Counsel of Record (and their
5
support staffs).
6
7
2.14 Producing Party: A Party or Non-Party that produces Disclosure or
Discovery Material in this Action.
8
2.15 Professional Vendors: Persons or entities that provide litigation support
9
services (e.g., stenographers, photocopying, videotaping, translating, preparing
10
exhibits or demonstrations, and organizing, storing, or retrieving data in any form or
11
medium) and their employees and subcontractors.
12
2.16 Protected Material: Any Disclosure or Discovery Material that is
13
designated as “CONFIDENTIAL,” “HIGHLY CONFIDENTIAL – ATTORNEYS’
14
EYES ONLY,” or “HIGHLY CONFIDENTIAL – SOURCE CODE.”
15
2.17 Receiving Party: A Party that receives Disclosure or Discovery
16
Material from a Producing Party.
17
3.
SCOPE
18
The protections conferred by this Stipulation and Order cover not only
19
Protected Material (as defined above), but also (1) any information copied or
20
extracted from Protected Material; (2) all copies, excerpts, summaries, or
21
compilations of Protected Material; and (3) any testimony, conversations, or
22
presentations by Parties or their Counsel that might reveal Protected Material.
23
However, the protections conferred by this Stipulation and Order do not cover the
24
following information: (a) any information that is in the public domain at the time of
25
disclosure to a Receiving Party or becomes part of the public domain after its
26
disclosure to a Receiving Party as a result of publication not involving a violation of
27
this Order, including becoming part of the public record through trial or otherwise;
28
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STIPULATED PROTECTIVE ORDER
Case 2:17-cv-03221-RGK (MRWx)
1
and (b) any information known to the Receiving Party prior to the disclosure or
2
obtained by the Receiving Party after the disclosure from a source who obtained the
3
information lawfully and under no obligation of confidentiality to the Designating
4
Party.
5
Any use of Protected Material at trial will be governed by the orders of the
6
trial judge.
7
4.
DURATION
8
Even after final disposition of this Action, the confidentiality obligations
9
imposed by this Order shall remain in effect until a Designating Party agrees
10
otherwise in writing or a court order otherwise directs. Final disposition shall be
11
deemed to be the later of (1) dismissal of all claims and defenses in this Action, with
12
or without prejudice; and (2) final judgment herein after the completion and
13
exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action,
14
including the time limits for filing any motions or applications for extension of time
15
pursuant to applicable law.
16
5.
17
DESIGNATING PROTECTED MATERIAL
5.1
Exercise of Restraint and Care in Designating Material for Protection.
18
Each Party or Non-Party that designates information or items for protection under
19
this Order must take care to limit any such designation to specific material that
20
qualifies under the appropriate standards. To the extent it is practical to do so, the
21
Designating Party must designate for protection only those parts of material,
22
documents, items, or oral or written communications that qualify – so that other
23
portions of the material, documents, items, or communications for which protection
24
is not warranted are not swept unjustifiably within the ambit of this Order.
25
If it comes to a Designating Party’s attention that information or items that it
26
designated for protection do not qualify for protection at all or do not qualify for the
27
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STIPULATED PROTECTIVE ORDER
Case 2:17-cv-03221-RGK (MRWx)
1
level of protection initially asserted, that Designating Party must promptly notify all
2
other parties that it is withdrawing the mistaken designation.
3
5.2
Manner and Timing of Designations. Except as otherwise provided in
4
this Order (see, e.g., second paragraph of Section 5.2(a) below), or as otherwise
5
stipulated or ordered, Disclosure or Discovery Material that qualifies for protection
6
under this Order must be clearly so designated before the material is disclosed or
7
produced.
8
Designation in conformity with this Order requires:
9
(a) For information in documentary form (e.g., paper or electronic documents,
10
but excluding transcripts of depositions or other pretrial or trial proceedings), that
11
the
12
CONFIDENTIAL
13
CONFIDENTIAL – SOURCE CODE” to each page that contains Protected
14
Material. To the extent it is practical to do so, if only a portion or portions of the
15
material on a page qualifies for protection, the Producing Party also must clearly
16
identify the protected portion(s) (e.g., by making appropriate markings in the
17
margins) and must specify, for each portion, the level of protection being asserted.
Producing
Party
–
affix
the
legend
ATTORNEYS’
“CONFIDENTIAL,”
EYES
ONLY,”
or
“HIGHLY
“HIGHLY
18
A Party or Non-Party that makes original documents or materials available for
19
inspection need not designate them for protection until after the inspecting Party has
20
indicated which material it would like copied and produced. During the inspection
21
and before the designation, all of the material made available for inspection except
22
for Source Code shall be deemed “HIGHLY CONFIDENTIAL – ATTORNEYS’
23
EYES ONLY” and Source Code shall be deemed “HIGHLY CONFIDENTIAL –
24
SOURCE CODE.” After the inspecting Party has identified the documents it wants
25
copied and produced, the Producing Party must determine which documents, or
26
portions thereof, qualify for protection under this Order. Then, before producing the
27
specified documents, the Producing Party must affix the appropriate legend
28
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STIPULATED PROTECTIVE ORDER
Case 2:17-cv-03221-RGK (MRWx)
1
(“CONFIDENTIAL,” “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
2
ONLY,” or “HIGHLY CONFIDENTIAL – SOURCE CODE”) to each page that
3
contains Protected Material. If only a portion or portions of the material on a page
4
qualifies for protection, the Producing Party also must clearly identify the protected
5
portion(s) (e.g., by making appropriate markings in the margins) and must specify,
6
for each portion, the level of protection being asserted.
7
(b) For testimony given in deposition or in other pretrial or trial proceedings,
8
that the Designating Party identify on the record, before the close of the deposition,
9
hearing, or other proceeding, all protected testimony and specify the level of
10
protection being asserted. When it is impractical to identify separately each portion
11
of testimony that is entitled to protection and it appears that substantial portions of
12
the testimony may qualify for protection, the Designating Party may invoke on the
13
record (before the deposition, hearing, or other proceeding is concluded) a right to
14
have up to 30 days to identify the specific portions of the testimony as to which
15
protection is sought and to specify the level of protection being asserted. Only those
16
portions of the testimony that are appropriately designated for protection within the
17
30 days shall be covered by the provisions of this Stipulated Protective Order.
18
Alternatively, a Designating Party may specify, at the deposition or up to 30 days
19
afterwards if that period is properly invoked, that the entire transcript shall be treated
20
as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
21
ONLY.”
22
The use of a document as an exhibit at a deposition shall not in any way
23
affect
24
CONFIDENTIAL
25
CONFIDENTIAL – SOURCE CODE.”
the
document’s
–
designation
ATTORNEYS’
as
“CONFIDENTIAL,”
EYES
ONLY,”
or
“HIGHLY
“HIGHLY
26
Transcripts containing Protected Material shall have an obvious legend on the
27
title page that the transcript contains Protected Material, and the title page shall be
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STIPULATED PROTECTIVE ORDER
Case 2:17-cv-03221-RGK (MRWx)
1
followed by a list of all pages (including line numbers as appropriate) that have been
2
designated as Protected Material and the level of protection being asserted by the
3
Designating Party. The Designating Party shall inform the court reporter of these
4
requirements. Any transcript that is prepared before the expiration of a 30-day
5
period for designation shall be treated during that period as if it had been designated
6
“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” in its entirety unless
7
otherwise agreed. After the expiration of that period, the transcript shall be treated
8
only as actually designated.
9
(c) For information produced in some form other than documentary and for
10
any other tangible items, that the Producing Party affix in a prominent place on the
11
exterior of the container or containers in which the information or item is stored the
12
legend “CONFIDENTIAL,” “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
13
ONLY,” or “HIGHLY CONFIDENTIAL – SOURCE CODE.” If only a portion or
14
portions of the information or item warrant protection, the Producing Party, to the
15
extent practicable, shall identify the protected portion(s) and specify the level of
16
protection being asserted.
17
5.3
Inadvertent Failures to Designate. If timely corrected, an inadvertent
18
failure to designate qualified information or items does not, standing alone, waive
19
the Designating Party’s right to secure protection under this Order for such material.
20
Upon timely correction of a designation, the Receiving Party must make reasonable
21
efforts to assure that the material is treated in accordance with the provisions of this
22
Order.
23
6.
24
CHALLENGING CONFIDENTIALITY DESIGNATIONS
6.1
Timing of Challenges. Any Party or Non-Party may challenge a
25
designation of confidentiality at any time that is consistent with the Court’s
26
Scheduling Order. Unless a prompt challenge to a Designating Party’s
27
confidentiality designation is necessary to avoid foreseeable, substantial unfairness,
28
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STIPULATED PROTECTIVE ORDER
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1
unnecessary economic burdens, or a significant disruption or delay of this Action, a
2
Party does not waive its right to challenge a confidentiality designation by electing
3
not to mount a challenge promptly after the original designation is disclosed.
4
6.2
Meet and Confer. The Challenging Party shall initiate the dispute
5
resolution process (and, if necessary, file a discovery motion) under Local Rule 37.1
6
et seq. To avoid ambiguity as to whether a challenge has been made, the written
7
notice must recite that the challenge to confidentiality is being made in accordance
8
with this specific paragraph of the Protective Order. The parties shall attempt to
9
resolve each challenge in good faith and must begin the process by conferring
10
directly within 14 days of the date of service of notice. In conferring, the
11
Challenging Party must explain the basis for its belief that the confidentiality
12
designation was not proper and must give the Designating Party an opportunity to
13
review the designated material, to reconsider the circumstances, and, if no change in
14
designation is offered, to explain the basis for the chosen designation. A Challenging
15
Party may proceed to the next stage of the challenge process only if it has engaged in
16
this meet and confer process first or establishes that the Designating Party is
17
unwilling to participate in the meet and confer process in a timely manner.
18
6.3
Judicial Intervention. If the Parties cannot resolve a challenge without
19
court intervention, the parties must meet-and-confer pursuant to Local Rule 37-1. If
20
the parties are unable to come to an agreement, the parties must submit a joint
21
stipulation setting forth the issues, as required by Local Rule 37-1 within 21 days of
22
the initial notice of challenge or within 14 days of the parties agreeing that the meet
23
and confer process will not resolve their dispute, whichever is earlier, and conforms
24
to the Local Rules. Under Local Rule 37-2, each written stipulation must be filed
25
and served with the notice of the motion.
26
The burden of persuasion in any such challenge proceeding shall be on the
27
Designating Party. Frivolous challenges and those made for an improper purpose
28
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STIPULATED PROTECTIVE ORDER
Case 2:17-cv-03221-RGK (MRWx)
1
(e.g., to harass or impose unnecessary expenses and burdens on other parties) may
2
expose the Challenging Party to sanctions. Unless the parties submit a joint
3
stipulation, all parties shall continue to afford the material in question the level of
4
protection to which it is entitled under the Producing Party’s designation until the
5
court rules on the challenge.
6
7.
7
ACCESS TO AND USE OF PROTECTED MATERIAL
7.1
Basic Principles. A Receiving Party may use Protected Material that is
8
disclosed or produced by another Party or by a Non-Party in connection with this
9
case only for prosecuting, defending, or attempting to settle this Action. Specifically,
10
all Protected Material shall be used solely for this case or any related appellate
11
proceeding, and not for any other purpose whatsoever, including without limitation
12
any other litigation, patent prosecution or acquisition, patent reexamination or
13
reissue proceedings, or any business or competitive purpose or function, unless
14
otherwise agreed to by the Parties or ordered by the court. Protected Material shall
15
not be distributed, disclosed or made available to anyone except as expressly
16
provided in this Order.
17
Such Protected Material may be disclosed only to the categories of persons
18
and under the conditions described in this Order.
19
terminated, a Receiving Party must comply with the provisions of Section 15 below
20
(FINAL DISPOSITION).
When the Action has been
21
Protected Material must be stored and maintained by a Receiving Party at a
22
location and in a secure manner that ensures that access is limited to the persons
23
authorized under this Order.
24
Any party receiving Protected Material shall take technical and organizational
25
security measures that are appropriate to the risks, such as unauthorized access,
26
presented by the processing. Any person acting under the authority of a Receiving
27
Party, including a data processor, must not process the data except on instructions
28
12
STIPULATED PROTECTIVE ORDER
Case 2:17-cv-03221-RGK (MRWx)
1
from the Receiving Party. Any party receiving Protected Material shall have in place
2
procedures so that any third party it authorizes to have access to the Protected
3
Material, including processors, will respect and maintain the confidentiality and
4
security of the Protected Material.
5
7.2
Disclosure of “CONFIDENTIAL” Information or Items. Unless
6
otherwise ordered by the court or permitted in writing by the Designating Party, a
7
Receiving
8
“CONFIDENTIAL” only to:
Party
may
disclose
any
information
or
item
designated
9
(a) the Receiving Party’s Outside Counsel of Record in this Action, as well as
10
employees of said Outside Counsel of Record to whom it is reasonably necessary to
11
disclose the information for this Action and who have signed the “Acknowledgment
12
and Agreement to Be Bound” that is attached hereto as Exhibit A;
13
(b) the officers, directors, and employees (including House Counsel) of the
14
Receiving Party to whom disclosure is reasonably necessary for this Action and who
15
have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
16
(c) Experts (as defined in this Order) of the Receiving Party to whom
17
disclosure is reasonably necessary for this Action and who have signed the
18
“Acknowledgment and Agreement to Be Bound” (Exhibit A);
19
(d) the Court and its personnel;
20
(e) court reporters and their staff, professional jury or trial consultants, and
21
Professional Vendors to whom disclosure is reasonably necessary for this Action
22
and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit
23
A);
24
25
(f) the author or recipient of a document containing the information or a
custodian or other person who otherwise possessed or knew the information.
26
(g) during their depositions, witnesses, and attorneys for witnesses, in the
27
Action to whom disclosure is reasonably necessary provided: (1) the deposing party
28
13
STIPULATED PROTECTIVE ORDER
Case 2:17-cv-03221-RGK (MRWx)
1
requests that the witness sign the form attached as Exhibit A hereto; and (2) they
2
will not be permitted to keep any confidential information unless they sign the
3
“Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise
4
agreed by the Designating Party or ordered by the Court. Pages of transcribed
5
deposition testimony or exhibits to depositions that reveal Protected Material must
6
be separately bound by the court reporter and may not be disclosed to anyone except
7
as permitted under this Stipulated Protective Order; and
8
9
(h) any mediator or settlement officer, and their supporting personnel,
mutually agreed upon by any of the parties engaged in settlement discussions.
10
7.3
Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
11
ONLY” Information or Items. Unless otherwise ordered by the court or permitted in
12
writing by the Designating Party, a Receiving Party may disclose any information or
13
item designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” only
14
to:
15
(a) the Receiving Party’s Outside Counsel of Record in this Action, as well as
16
employees of said Outside Counsel of Record to whom it is reasonably necessary to
17
disclose the information for this Action and who have signed the “Acknowledgment
18
and Agreement to Be Bound” that is attached hereto as Exhibit A;
19
(c) Experts of the Receiving Party (1) to whom disclosure is reasonably
20
necessary for this Action, (2) who have signed the “Acknowledgment and
21
Agreement to Be Bound” (Exhibit A), and (3) as to whom the procedures set forth in
22
Section 7.4(a), below, have been followed;
23
(d) the Court and its personnel;
24
(e) court reporters and their staff, professional jury or trial consultants, and
25
Professional Vendors to whom disclosure is reasonably necessary for this Action
26
and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit
27
A); and
28
14
STIPULATED PROTECTIVE ORDER
Case 2:17-cv-03221-RGK (MRWx)
1
2
(f) the author or recipient of a document containing the information or a
custodian or other person who otherwise possessed or knew the information.
3
7.4
Procedures for Approving or Objecting to Disclosure of “HIGHLY
4
CONFIDENTIAL – ATTORNEYS’ EYES ONLY” or “HIGHLY CONFIDENTIAL
5
– SOURCE CODE” Information or Items to Experts.
6
(a) Unless otherwise ordered by the court or agreed to in writing by the
7
Designating Party, a Party that seeks to disclose to an Expert (as defined in this
8
Order)
9
CONFIDENTIAL – ATTORNEYS’ EYES ONLY” or “HIGHLY CONFIDENTIAL
10
– SOURCE CODE” pursuant to Section 7.3(b) first must make a written request to
11
the Designating Party that (1) identifies the general categories of “HIGHLY
12
CONFIDENTIAL – ATTORNEYS’ EYES ONLY” or “HIGHLY CONFIDENTIAL
13
– SOURCE CODE” information that the Receiving Party seeks permission to
14
disclose to the Expert, (2) sets forth the full name of the Expert and the city and state
15
of his or her primary residence, (3) attaches a copy of the Expert’s current resume,
16
(4) identifies the Expert’s current employer(s), (5) identifies each person or entity
17
from whom the Expert has received compensation or funding for work in his or her
18
areas of expertise or to whom the Expert has provided professional services,
19
including in connection with a litigation, at any time during the preceding five
20
years,1 and (6) identifies (by name and number of the case, filing date, and location
21
of court) any litigation in connection with which the Expert has offered expert
22
testimony, including through a declaration, report, or testimony at a deposition or
23
trial, during the preceding five years.
24
25
26
27
any
Information
or
Item
that
has
been
designated
“HIGHLY
1
If the Expert believes any of this information is subject to a confidentiality
obligation to a third party, then the Expert should provide whatever information the
Expert believes can be disclosed without violating any confidentiality agreements,
and the Party seeking to disclose to the Expert shall be available to meet and confer
with the Designating Party regarding any such engagement.
28
15
STIPULATED PROTECTIVE ORDER
Case 2:17-cv-03221-RGK (MRWx)
1
(b) A Party that makes a request and provides the information specified in the
2
preceding respective paragraphs may disclose the subject Protected Material to the
3
identified Expert unless, within 14 days of delivering the request, the Party receives
4
a written objection from the Designating Party. Any such objection must set forth in
5
detail the grounds on which it is based.
6
(c) A Party that receives a timely written objection must meet and confer with
7
the Designating Party (through direct voice to voice dialogue) to try to resolve the
8
matter by agreement within seven days of the written objection. If no agreement is
9
reached, the Party seeking to make the disclosure to the Expert may file a motion as
10
provided in Civil Local Rule 7 (and in compliance with Civil Local Rule 79-5, if
11
applicable) seeking permission from the court to do so. Any such motion must
12
describe the circumstances with specificity, set forth in detail the reasons why the
13
disclosure to the Expert is reasonably necessary, assess the risk of harm that the
14
disclosure would entail, and suggest any additional means that could be used to
15
reduce that risk. In addition, any such motion must be accompanied by a competent
16
declaration describing the parties’ efforts to resolve the matter by agreement (i.e.,
17
the extent and the content of the meet and confer discussions) and setting forth the
18
reasons advanced by the Designating Party for its refusal to approve the disclosure.
19
In any such proceeding, the Party opposing disclosure to the Expert shall bear
20
the burden of proving that the risk of harm that the disclosure would entail (under
21
the safeguards proposed) outweighs the Receiving Party’s need to disclose the
22
Protected Material to its Expert.
23
7.5
Disclosure of “HIGHLY CONFIDENTIAL – SOURCE CODE”
24
Information or Items.
25
“HIGHLY CONFIDENTIAL – SOURCE CODE” if it comprises or includes
26
confidential, proprietary, or trade secret Source Code. Unless otherwise ordered by
27
the Court or permitted in writing by the Designating Party, Source Code designated
A party or non-party may designate Source Code as
28
16
STIPULATED PROTECTIVE ORDER
Case 2:17-cv-03221-RGK (MRWx)
1
as HIGHLY CONFIDENTIAL – SOURCE CODE shall be subject to the following
2
provisions:
3
(a)
Protected Material designated as “HIGHLY CONFIDENTIAL –
4
SOURCE CODE” shall be subject to all of the protections afforded to “HIGHLY
5
CONFIDENTIAL – ATTORNEYS’ EYES ONLY” information and may be
6
disclosed only to the individuals to whom “HIGHLY CONFIDENTIAL –
7
ATTORNEYS’ EYES ONLY” information may be disclosed, as set forth in
8
Paragraphs 7.3 and 7.4.
9
(b)
Any Source Code produced in discovery shall be made available for
10
inspection, in a format allowing it to be reasonably reviewed and searched, during
11
normal business hours or at other mutually agreeable times, at an office of the
12
Producing Party’s counsel or another mutually agreed upon location. Unless
13
otherwise agreed to by the Parties, Source Code produced by Nikon will be made
14
available in Nikon’s outside counsel’s offices in Los Angeles or San Francisco.
15
Source code produced by Zeiss/ASML will be made available in Zeiss/ASML’s
16
outside counsel’s offices in at least Washington D.C. and San Diego. The Source
17
Code shall be made available for inspection on a secured computer in a secured
18
room without Internet access or network access to other computers, and the
19
Receiving Party shall not copy, remove, or otherwise transfer any portion of the
20
Source Code onto any recordable media or recordable device. The Producing Party
21
may visually monitor the activities of the Receiving Party’s representatives during
22
any Source Code review from outside the review room, but only to ensure that there
23
is no unauthorized recording, copying, or transmission of the Source Code. Such
24
monitoring shall not entail review of any work product generated by the Receiving
25
Party, e.g., monitoring the screen of the secure computer, monitoring any surface
26
reflecting any notes or work product of the Receiving Party, or monitoring the key
27
28
17
STIPULATED PROTECTIVE ORDER
Case 2:17-cv-03221-RGK (MRWx)
1
strokes of the Receiving Party. There will be no video supervision by the Producing
2
Party.
3
(c)
The Receiving Party may request that commercially available software
4
tools for viewing and searching Source Code be installed on the secured PC. The
5
Receiving party must provide the Producing Party a CD, DVD, or other media
6
containing such software tools, or links for a download at least 4 days in advance of
7
the inspection. The Receiving Party shall be responsible for providing a license for
8
the use of the review and search tools.
9
(d)
The Receiving Party may request paper copies of limited portions of
10
Source Code that are reasonably necessary for the preparation of court filings,
11
pleadings, expert reports, or other papers, or for deposition or trial, but shall not
12
request paper copies for the purposes of reviewing the Source Code other than
13
electronically as set forth in paragraph (b) in the first instance. The Producing Party
14
shall provide all such Source Code in paper form including bates numbers and the
15
label “HIGHLY CONFIDENTIAL – SOURCE CODE.” The Producing Party may
16
challenge the amount of Source Code requested in hard copy form pursuant to the
17
dispute resolution procedure and timeframes set forth in Section 6 whereby the
18
Producing Party is the “Challenging Party” the and Receiving Party is the
19
“Designating Party” for purposes of dispute resolution. As a general matter, no
20
more than an aggregate total of 2,000 pages of Source Code should be printed during
21
the duration of the case. If the Receiving Party wishes to print more pages beyond
22
this page limit, the parties shall meet and confer in good faith and the Producing
23
Party shall not unreasonably withhold permission to the Receiving Party to exceed
24
the page limit.
25
(e)
The Receiving Party shall maintain a record of any individual who has
26
inspected any portion of the Source Code in electronic or paper form. The Receiving
27
Party shall maintain all paper copies of any printed portions of the Source Code in a
28
18
STIPULATED PROTECTIVE ORDER
Case 2:17-cv-03221-RGK (MRWx)
1
secured, locked area. Similarly, the Receiving Party shall maintain derivative
2
materials created using Source Code, such as any notes of an Expert, in a secured,
3
locked area. The Receiving Party shall not create any electronic or other images of
4
the paper copies and shall not convert any of the information contained in the paper
5
copies into any electronic format. The Receiving Party shall only make additional
6
paper copies if such additional copies are (1) necessary to prepare court filings,
7
pleadings, or other papers (including a testifying expert’s expert report), (2)
8
necessary for deposition, or (3) otherwise necessary for the preparation of its case.
9
Any paper copies used during a deposition shall be retrieved by the Producing Party
10
at the end of each day and must not be given to or left with a court reporter or any
11
other individual.
12
8.
DISCOVERY FROM EXPERTS OR CONSULTANTS
13
(a) Absent good cause, drafts of reports of testifying experts, and reports and
14
other written materials, including drafts, of consulting experts, shall not be
15
discoverable.
16
(b)
Reports and materials exempt from discovery under the foregoing
17
Paragraph shall be treated as attorney work product for the purposes of this case and
18
Protective Order.
19
(c) Testifying experts shall not be subject to discovery with respect to any
20
draft of his or her report(s) in this case. Draft reports, notes, or outlines for draft
21
reports developed and drafted by the testifying expert and/or his or her staff are also
22
exempt from discovery.
23
(d) Discovery of materials provided to testifying experts shall be limited to
24
those materials, facts, consulting expert opinions, and other matters actually relied
25
upon by the testifying expert in forming his or her final report, trial, or deposition
26
testimony or any opinion in this case. No discovery can be taken from any non-
27
testifying expert except to the extent that such non-testifying expert has provided
28
19
STIPULATED PROTECTIVE ORDER
Case 2:17-cv-03221-RGK (MRWx)
1
information, opinions, or other materials to a testifying expert relied upon by that
2
testifying expert in forming his or her final report(s), trial, and/or deposition
3
testimony or any opinion in this case.
4
(e) No conversations or communications between counsel and any testifying
5
or consulting expert will be subject to discovery unless the conversations or
6
communications are relied upon by such experts in formulating opinions that are
7
presented in reports or trial or deposition testimony in this case.
8
(f) Materials, communications, and other information exempt from discovery
9
under the foregoing Paragraphs 8(a)–(e) shall be treated as attorney work product for
10
the purposes of this litigation and Order.
11
(g) Nothing in Protective Order, include Paragraphs 8(a)–(e), shall alter or
12
change in any way the requirements in Section 7.5 regarding Source Code, and
13
Section 7.5 shall control in the event of any conflict.
14
9.
15
PROTECTED
MATERIAL
SUBPOENAED
PRODUCED IN OTHER LITIGATION
16
If a Party is served with a subpoena or a court order issued in other litigation
17
that compels disclosure of any information or items designated in this Action as
18
“CONFIDENTIAL,” “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
19
ONLY,” or “HIGHLY CONFIDENTIAL – SOURCE CODE” that Party must:
20
21
OR
ORDERED
(a) Promptly notify in writing the Designating Party. Such notification shall
include a copy of the subpoena or court order;
22
(b) Promptly notify in writing the party who caused the subpoena or order to
23
issue in the other litigation that some or all of the material covered by the subpoena
24
or order is subject to this Protective Order. Such notification shall include a copy of
25
this Stipulated Protective Order; and
26
27
(c) Cooperate with respect to all reasonable procedures sought to be pursued
by the Designating Party whose Protected Material may be affected.
28
20
STIPULATED PROTECTIVE ORDER
Case 2:17-cv-03221-RGK (MRWx)
1
If the Designating Party timely seeks a protective order, the Party served with
2
the subpoena or court order shall not produce any information designated in this
3
Action as “CONFIDENTIAL,” “HIGHLY CONFIDENTIAL – ATTORNEYS’
4
EYES ONLY,” or “HIGHLY CONFIDENTIAL – SOURCE CODE” before a
5
determination by the court from which the subpoena or order issued, unless the Party
6
has obtained the Designating Party’s permission. The Designating Party shall bear
7
the burden and expense of seeking protection in that court of its confidential material
8
– and nothing in these provisions should be construed as authorizing or encouraging
9
a Receiving Party in this Action to disobey a lawful directive from another court.
10
10.
11
A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
PRODUCED IN THIS ACTION
12
(a)
The terms of this Order are applicable to information produced by a
13
Non-Party in this Action and designated as “CONFIDENTIAL,” “HIGHLY
14
CONFIDENTIAL
15
CONFIDENTIAL – SOURCE CODE.” Such information produced by Non-Parties
16
in connection with this Action is protected by the remedies and relief provided by
17
this Order. Nothing in these provisions should be construed as prohibiting a Non-
18
Party from seeking additional protections.
19
(b)
–
ATTORNEYS’
EYES
ONLY,”
or
“HIGHLY
In the event that a Party is required, by a valid discovery request, to
20
produce a Non-Party’s confidential information in its possession, and the Party is
21
subject to an agreement with the Non-Party not to produce the Non-Party’s
22
confidential information, then the Party shall:
23
1.
Promptly notify in writing the Requesting Party and the Non-Party that
24
some or all of the information requested is subject to a confidentiality agreement
25
with a Non-Party;
26
27
28
21
STIPULATED PROTECTIVE ORDER
Case 2:17-cv-03221-RGK (MRWx)
1
2.
Promptly provide the Non-Party with a copy of the Stipulated
2
Protective Order in this Action, the relevant discovery request(s), and a reasonably
3
specific description of the information requested; and
4
5
3.
Make the information requested available for inspection by the Non-
(c)
If the Non-Party fails to object or seek a protective order from this court
Party.
6
7
within 21 days of receiving the notice and accompanying information, the Receiving
8
Party may produce the Non-Party’s confidential information responsive to the
9
discovery request. If the Non-Party timely seeks a protective order, the Receiving
10
Party shall not produce any information in its possession, custody, or control that is
11
subject to the confidentiality agreement with the Non-Party before a determination
12
by the court. Absent a court order to the contrary, the Non-Party shall bear the
13
burden and expense of seeking protection in this court of its Protected Material.
14
11.
UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
15
If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed
16
Protected Material to any person or in any circumstance not authorized under this
17
Stipulated Protective Order, the Receiving Party must immediately (a) notify in
18
writing the Designating Party of the unauthorized disclosures, (b) use its best efforts
19
to retrieve all unauthorized copies of the Protected Material, (c) inform the person or
20
persons to whom unauthorized disclosures were made of all the terms of this Order,
21
and (d) request such person or persons to execute the “Acknowledgment and
22
Agreement to Be Bound” that is attached hereto as Exhibit A.
23
12.
24
INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE
PROTECTED MATERIAL
25
When a Producing Party gives notice to Receiving Parties that certain
26
inadvertently produced material is subject to a claim of privilege or other protection,
27
the obligations of the Receiving Parties are those set forth in Federal Rule of Civil
28
22
STIPULATED PROTECTIVE ORDER
Case 2:17-cv-03221-RGK (MRWx)
1
Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure
2
may be established in an e-discovery order that provides for production without prior
3
privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the
4
parties reach an agreement on the effect of disclosure of a communication or
5
information covered by the attorney-client privilege or work product protection, the
6
parties may incorporate their agreement in the stipulated protective order submitted
7
to the court.
8
Upon a request from any Producing Party who has inadvertently produced
9
Discovery Material that it believes is privileged and/or protected, each Receiving
10
Party shall immediately return such Protected Material or Discovery Material and all
11
copies to the Producing Party, except for any pages containing privileged markings
12
by the Receiving Party which shall instead be destroyed and certified as such by the
13
Receiving Party to the Producing Party.
14
If the Receiving Party has disclosed the information to others before being
15
notified of the claim of privilege or protection, the Receiving Party must take
16
reasonable steps to retrieve and return or destroy the disclosed information. No use
17
shall be made of such documents or information during deposition or at trial, nor
18
shall such documents or information be shown to anyone after the request that they
19
be returned. If a claim is disputed, the Receiving Party shall not use or disclose a
20
document or information for which a claim of privilege or immunity is made
21
pursuant to this paragraph for any purpose until the matter is resolved by agreement
22
of the Parties or by a decision of this court.
23
Nothing in this Protective Order shall require disclosure of material that a
24
Party contends is protected from disclosure by attorney-client privilege or the
25
attorney work-product immunity or any other applicable form of immunity. This
26
shall not preclude any Party from moving the court for an order directing the
27
disclosure of such material.
28
23
STIPULATED PROTECTIVE ORDER
Case 2:17-cv-03221-RGK (MRWx)
1
13.
2
3
MISCELLANEOUS
13.1 Right to Further Relief. Nothing in this Order abridges the right of any
person to seek its modification by the court in the future.
4
13.2 Right to Assert Other Objections. By stipulating to the entry of this
5
Protective Order no Party waives any right it otherwise would have to object to
6
disclosing or producing any information or item on any ground not addressed in this
7
Stipulated Protective Order. Similarly, no Party waives any right to object on any
8
ground to use in evidence of any of the material covered by this Protective Order.
9
13.3 Filing Protected Material. Without written permission from the
10
Designating Party or a court order secured after appropriate notice to all interested
11
persons, a Party may not file in the public record in this Action any Protected
12
Material. A Party that seeks to file under seal any Protected Material must comply
13
with Civil Local Rule 79-5. Protected Material may only be filed under seal pursuant
14
to a court order authorizing the sealing of the specific Protected Material at issue.
15
Pursuant to Civil Local Rule 79-5, a sealing order will issue only upon a request
16
establishing that the Protected Material at issue is privileged, protectable as a trade
17
secret, or otherwise entitled to protection under the law. If a Receiving Party's
18
request to file Protected Material under seal pursuant to Civil Local Rule 79-5 is
19
denied by the court, then the Receiving Party may file the Protected Material in the
20
public record pursuant to Civil Local Rule 79-5 unless otherwise instructed by the
21
court.
22
14.
23
24
25
26
27
PATENT PROSECUTION BAR
Absent the written consent of the Producing Party, any person on behalf of the
Receiving Party who receives one or more items designated “CONFIDENTIAL –
ATTORNEYS’ EYES ONLY” or “CONFIDENTIAL – ATTORNEYS’ EYES
ONLY – SOURCE CODE” by a Producing Party shall not be involved, directly or
indirectly, in any of the following activities: (i) advising on, consulting on,
28
24
STIPULATED PROTECTIVE ORDER
Case 2:17-cv-03221-RGK (MRWx)
1
preparing, prosecuting, drafting, editing, and/or amending of patent applications,
2
specifications, claims, and/or responses to office actions, or otherwise affecting the
3
scope of claims in patents or patent applications relating to the functionality,
4
operation, and/or design of technology concerning digital cameras and components
5
thereof (generally or as described in any patent in suit), before any foreign or
6
domestic agency, including the United States Patent and Trademark Office; and (ii)
7
the acquisition of patents (including patent applications), or the rights to any such
8
patents or patent applications with the right to sublicense, relating to the
9
functionality, operation, and design of technology concerning digital cameras and
10
components thereof. These prohibitions are not intended to and shall not preclude
11
counsel from participating in proceedings on behalf of a Party challenging the
12
validity of any patent, and these prohibitions are not intended to and shall not
13
preclude counsel for the Receiving Party from participating in reexamination, inter
14
partes review proceedings, or covered business method review to defend the validity
15
of any challenged patent, but counsel for the Receiving Party may not participate in
16
the crafting of amended claims in any such proceedings. These prohibitions shall
17
begin when access to “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” or
18
“CONFIDENTIAL – ATTORNEYS’ EYES ONLY – SOURCE CODE” materials
19
are first received by the affected individual, and shall end two (2) years after the
20
final resolution of this action, including all appeals.
21
15.
FINAL DISPOSITION
22
Within 60 days after the final disposition of this Action, as defined in Section
23
4, each Receiving Party must return all Protected Material to the Producing Party or
24
destroy such material. As used in this subdivision, “all Protected Material” includes
25
all copies, abstracts, compilations, summaries, and any other format reproducing or
26
capturing any of the Protected Material. Whether the Protected Material is returned
27
or destroyed, the Receiving Party must submit a written certification to the
28
25
STIPULATED PROTECTIVE ORDER
Case 2:17-cv-03221-RGK (MRWx)
1
Producing Party (and, if not the same person or entity, to the Designating Party) by
2
the 60-day deadline that (1) identifies (by category, where appropriate) all the
3
Protected Material that was returned or destroyed and (2) affirms that the Receiving
4
Party has not retained any copies, abstracts, compilations, summaries or any other
5
format reproducing or capturing any of the Protected Material. Notwithstanding this
6
provision, Counsel are entitled to retain an archival copy of all pleadings, motion
7
papers, trial, deposition, and hearing transcripts, legal memoranda, correspondence,
8
deposition and trial exhibits, expert reports, attorney work product, and consultant
9
and expert work product, even if such materials contain Protected Material. Any
10
such archival copies that contain or constitute Protected Material remain subject to
11
this Protective Order as set forth in Section 4 (DURATION).
12
16.
VIOLATIONS
13
Any willful violation of this Order may be punished by civil or criminal
14
contempt proceedings, financial or evidentiary sanctions, reference to disciplinary
15
authorities, or other appropriate action at the discretion of the Court.
16
17
18
19
20
21
22
23
24
25
26
27
28
26
STIPULATED PROTECTIVE ORDER
Case 2:17-cv-03221-RGK (MRWx)
1
IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
2
3
Dated: November 9, 2017
4
FISH & RICHARDSON P.C.
By: /s/ Christopher S. Marchese
5
Christopher S. Marchese
(SBN 170239), marchese@fr.com
FISH & RICHARDSON P.C.
555 West Fifth Street, 31st Floor
Los Angeles, CA 90013
Telephone: (213) 533-4240
Facsimile: (877) 417-2378
6
7
8
9
10
11
Kurt L. Glitzenstein (Pro Hac Vice to
be filed), glitzenstein@fr.com
FISH & RICHARDSON P.C.
One Marina Park Drive
Boston, MA 02210-1878
Telephone: (617) 542-5070
Facsimile: (617) 542-8906
12
13
14
15
16
Olga I. May
(SBN 232012), omay@fr.com
FISH & RICHARDSON P.C.
12390 El Camino Real
San Diego, California 92130
Telephone: (858) 678-4745
Facsimile: (858) 678-5099
17
18
19
20
21
Attorneys for Plaintiffs
CARL ZEISS AG AND ASML
NETHERLANDS B.V.
22
23
24
25
Dated: November 9, 2017
26
27
28
27
STIPULATED PROTECTIVE ORDER
Case 2:17-cv-03221-RGK (MRWx)
1
2
3
By: /s/ Vincent J. Belusko
4
Vincent J. Belusko (100282)
VBelusko@mofo.com
Roman A. Swoopes (274167)
RSwoopes@mofo.com
MORRISON & FOERSTER LLP
707 Wilshire Boulevard
Los Angeles, CA 90017-3543
Telephone: 213.892.5200
Facsimile: 213.892.5454
5
6
7
8
9
10
Jack W. Londen (85776)
JLonden@mofo.com
Shaelyn K Dawson (288278)
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shaelyndawson@mofo.com
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MORRISON & FOERSTER LLP
425 Market Street
San Francisco, CA 94105-2482
Telephone: 415.268.7000
Facsimile: 415.268.7522
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Attorneys for Defendants
NIKON CORPORATION, SENDAI
NIKON CORPORATION, and NIKON
INC.
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STIPULATED PROTECTIVE ORDER
Case 2:17-cv-03221-RGK (MRWx)
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PURSUANT TO STIPULATION, IT IS SO ORDERED.
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DATED: November 13, 2017
Michael R. Wilner
United States Magistrate Judge
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STIPULATED PROTECTIVE ORDER
Case 2:17-cv-03221-RGK (MRWx)
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EXHIBIT A
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ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND
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I, _____________________________ [print or type full name], of
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_________________ [print or type full address], declare under penalty of perjury
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that I have read in its entirety and understand the Stipulated Protective Order that
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was issued by the United States District Court for the Central District of California
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on __________________ [date] in the case of CARL ZEISS AG and ASML
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NETHERLANDS
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CORPORATION, and NIKON INC., Case No. 2:17-cv-03221-RGK (MRWx). I
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agree to comply with and to be bound by all the terms of this Stipulated Protective
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Order and I understand and acknowledge that failure to so comply could expose me
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to sanctions and punishment in the nature of contempt. I solemnly promise that I will
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not disclose in any manner any information or item that is subject to this Stipulated
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Protective Order to any person or entity except in strict compliance with the
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provisions of this Order.
B.V.
v.
NIKON
CORPORATION,
SENDAI
NIKON
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I further agree to submit to the jurisdiction of the United States District Court
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for the Northern District of California for the purpose of enforcing the terms of this
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Stipulated Protective Order, even if such enforcement proceedings occur after
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termination of this action.
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I hereby appoint __________________________ [print or type full name] of
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_______________________________________ [print or type full address and
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telephone number] as my California agent for service of process in connection with
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this action or any proceedings related to enforcement of this Stipulated Protective
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Order.
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Date: _________________________________
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City and State where sworn and signed: _________________________________
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Printed name: ______________________________
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STIPULATED PROTECTIVE ORDER
Case 2:17-cv-03221-RGK (MRWx)
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[printed name]
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Signature: __________________________________
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STIPULATED PROTECTIVE ORDER
Case 2:17-cv-03221-RGK (MRWx)
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CERTIFICATE OF SERVICE
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The undersigned hereby certifies that a true and correct copy of the above and
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foregoing document has been served on November 9, 2017, to all counsel of record
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who are deemed to have consented to electronic service via the Court’s CM/ECF
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system per Civil Local Rule 5.4. Any other counsel of record will be served by
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electronic mail, facsimile and/or overnight delivery.
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/s/ K. Nicole Williams
K. Nicole Williams
nwilliams@fr.com
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STIPULATED PROTECTIVE ORDER
Case 2:17-cv-03221-RGK (MRWx)
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