Oculu, LLC v. Oculus VR, Inc. et al

Filing 44

PROTECTIVE ORDER by Magistrate Judge Jean P. Rosenbluth re Stipulation for Protective Order 43 . IT IS SO ORDERED. (See Order for Further Details) (kl)

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Bobby Ghajar #198719
[e-mail]
Kelly W. Craven #248050
[e-mail]
Marcus D. Peterson #265339
[e-mail]
PILLSBURY WINTHROP SHAW PITTMAN LLP
725 S. Figueroa, Suite 2800
Los Angeles, CA 90017-5406
Tel: [phone]
Fax: [phone]
Attorneys for Defendant and Counterclaimant
Oculus VR, Inc.

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Olivier A. Taillieu (Cal. Bar No. 206,546)
[e-mail]
The Taillieu Law Firm LLP
450 N. Roxbury Drive, Suite 700
Beverly Hills, CA 90210
Tel: [phone]
Fax: [phone]
Attorneys for Plaintiff and Counter-defendant
Oculu, LLC

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA–SOUTHERN DIVISION

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Oculu, LLC,
Plaintiffs,

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v.
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Oculus VR, Inc.,
Defendant.

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No. 8:14-SACV-196-DOC (JPRx)
PROTECTIVE ORDER
Judge:

Hon. David O. Carter

Magistrate: Hon. Jean P. Rosenbluth

And Related Counterclaim
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PURPOSES, GOOD CAUSE STATEMENT AND LIMITATIONS.
1.

The parties recognize that some of the information, documents and other

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things (described below) being sought through discovery in this action are, for

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competitive reasons, normally kept confidential by the parties. The parties have

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agreed to be bound by the terms of this Protective Order (“Order”) in this action.
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Protective Order
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2.

between the parties may contain trade secret or other confidential research, technical,
cost, price, marketing, or other commercial information, as is contemplated by
FED. R. CIV. P. 26(c)(7).
3.

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b. Sales information

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c. Strategic planning information

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d. Customer information

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e. Strategic advertising information

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f. Social media strategy information

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g. Distributor information

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h. Marketing planning information

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i. Information related to security offerings

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Specifically, the Parties may exchange documents relating to:
a. Financial records

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The materials to be exchanged throughout the course of the litigation

j. Information relating to new, unannounced products
4.

The purpose of this Order is to protect the confidentiality of such materials

as much as practically possible during the litigation.
5.

The parties further acknowledge that this stipulation and any protective

order create no entitlement to file confidential information under seal. Instead, Judge
Rosenbluth’s practices and schedules, available on the Court’s website, as well as
Local Rule 79-5.1, set forth the procedures that must be followed when a party seeks
permission from the court to file material under seal.
Given the foregoing, the parties STIPULATE as follows:
DEFINITIONS
6.

The term “Confidential Information” means and includes information

disclosed or to be disclosed during this litigation including, without limitation,
information contained in any Materials and information provided in documents,

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portions of documents, answers to interrogatories, responses to requests for
admissions, deposition testimony, and transcripts of depositions; including data,
summaries, compilations, copies, abstracts, and any other format reproducing or
capturing such information or otherwise derived from such information that meets the
designation requirements of “CONFIDENTIAL” or “CONFIDENTIAL – OUTSIDE COUNSEL
ONLY” as set out in paragraph 19, below.
7.

correspondence; e-mails; instant messages; text messages; memoranda; bulletins;
blueprints; specifications; customer lists or other matter that identify customers or
potential customers; price lists or schedules or other matter identifying pricing;
minutes; letters; statements; cancelled checks; contracts; invoices; drafts; books of
account; worksheets; notes of conversations; desk diaries; appointment books;
expense accounts; audio and recordings, including voice mail; photographs;
compilations from which information can be obtained and translated into reasonably
usable form through detection devices; sketches; drawings; notes (including
laboratory notebooks and records); reports; instructions; disclosures; other writings;
models and prototypes; and other physical objects.
8.

paralegals, secretaries, and other support staff employed by the law firms identified
below:
The Taillieu Law Firm LLP

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The term “Counsel” means in-house counsel of the parties and outside

Counsel of Record, as defined below, and shall also include other attorneys,

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The term “Materials” includes, but is not limited to: documents;

SoCal IP Law Group LLP

Pillsbury Winthrop Shaw Pittman LLP

If new outside counsel represent either party, the current parties will modify this
paragraph to include the new counsel.
9.

The term “Counsel of Record” will mean (i) outside counsel who appear

in the action in any capacity, whether on the pleadings, on the record in a deposition

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or in a hearing, or in any other circumstance associated with the action, as counsel for
a party so long as such counsel is identified to the other party, (ii) partners, principals,
counsel, associates, employees, and contract attorneys of such outside counsel to
whom it is reasonably necessary to disclose the Confidential Information for this
action, including supporting personnel employed by the attorneys, such as paralegals,
legal secretaries, and legal clerks, or (iii) independent shorthand reporters retained to
record and transcribe testimony in this case and videographers retained to film
testimony in this action.
10. The term “Designating Party” shall mean a Party or Non-Party that
designates information or items that it produces in disclosures or in responses to
discovery as “Confidential Information,” as defined herein.
11. The term “Disclosure” or “Discovery Material” shall mean 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.
12. The term “Non-Party” shall mean any natural person, partnership,
corporation, association, or other legal entity not named as a Party to this action.
13. The term “Party” shall mean any party to this action, including all of its
officers, directors, employees, consultants, retained experts, in-house counsel, and
Counsel of Record.
14. The term “Producing Party” shall mean a Party or Non-Party that
produces Disclosure or Discovery Material in this action.
15. The term “Professional Vendors” shall mean 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.

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16. The term “Receiving Party” shall mean a Party that receives Disclosure or
Discovery Material from a Producing Party.
17. The term “Independent Expert” means a person with specialized
knowledge or experience in a matter pertinent to the case who has been retained by a
Counsel of Record to serve as an expert witness or as a litigation consultant in this
case, and who is not a current employee of a Party or of a competitor of a Party and
who, at the time of retention, is not anticipated to become an employee of, or a nonlitigation consultant of a Party or competitor of a Party.
DURATION
18. 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.
GENERAL RULES
19. Each Party to this litigation that produces or discloses any Confidential
Information or Materials, or any other information or Materials that the Producing
Party believes should be subject to this Order, may designate the same as
“CONFIDENTIAL” or “CONFIDENTIAL – OUTSIDE COUNSEL ONLY.”
(a) Designation as “CONFIDENTIAL:” Any Party may use the “CONFIDENTIAL”
designation only if, in the good faith belief of such Party and its Counsel,
the unrestricted disclosure of such information or Materials could be
potentially prejudicial to the business or operations of such Party. The
following categories of documents may be designated as “CONFIDENTIAL”:

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1. Business agreements and contracts
2. Licensing negotiations and agreements
3. Communications with customers
4. Communications with suppliers, wholesalers, or retailers
5. Marketing plans or strategies
6. Third-party information covered by an obligation of confidentiality
7. Documentation for unrelated present or future projects, the
designation will be left to the discretion of the Producing Party.
8. Any Party may the use the “CONFIDENTIAL” designation only if, in
the good faith and belief of such Party and its Counsel, the
unrestricted disclosure of such information or Materials could be
potentially prejudicial to the business or operations of such Party, or
if the information otherwise qualifies for protection under Fed. R.
Civ. P. Rule 26(c).
9. Nothing, however, in any portion of this Protective Order should be
considered an admission by either Party that they will not contest the
designation of the documents by the other Party, whether as
“CONFIDENTIAL” or “CONFIDENTIAL – OUTSIDE COUNSEL ONLY”.
Nor does either Party waive its right to object to the disclosure of
any documentation or materials on any other ground, as allowed by
the Rules. To the extent either Party objects to the designation of a
particular document as “CONFIDENTIAL” or “CONFIDENTIAL –
OUTSIDE COUNSEL ONLY”, the Parties agree to meet and confer as
that term is defined in the local rules of the United States District
Court for the Central District of California before seeking the
Court’s intervention for a resolution of the issue.

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(b) Designation as “CONFIDENTIAL – OUTSIDE COUNSEL ONLY:” Any Party
may use the “CONFIDENTIAL – OUTSIDE COUNSEL ONLY” designation only
if; in the good faith belief of such Party and its Counsel, believe such
information or Materials is among that considered to be most sensitive by
the Party, including but not limited to trade secret or other confidential
research, development, non-public financial data, product design and
development, future marketing or business plans, non-public customer
lists, or other highly sensitive commercial or business information or
Materials.
20. If the Producing Party elects to produce Materials for initial inspection, no
marking need be made by the Producing Party in advance of the initial inspection.
For purposes of the initial inspection, all Materials produced will be considered as
“CONFIDENTIAL - OUTSIDE COUNSEL ONLY,” and must be treated as such pursuant to
the terms of this Order. Thereafter, upon selection of specified Materials for copying
by the inspecting Party, the Producing Party must, within a reasonable time prior to
producing those Materials to the inspecting Party, mark the copies of those Materials
that contain Confidential Information with the appropriate “CONFIDENTIAL” or
“CONFIDENTIAL – OUTSIDE COUNSEL ONLY” designation.
21. Whenever a deposition taken on behalf of any Party involves a disclosure
of Confidential Information of any Party:
(a) The deposition or portions of the deposition must be designated as
containing Confidential Information subject to the provisions of this Order;
such designation must be made on the record whenever possible, but a Party
may designate portions of depositions as containing Confidential Information
after transcription of the proceedings; a Party will have until fourteen days after
receipt of the deposition transcript to inform the other Party or Parties to the

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action of the portions of the transcript to be designated “CONFIDENTIAL” or
“CONFIDENTIAL – OUTSIDE COUNSEL ONLY;”
(b) The disclosing Party will have the right to exclude from attendance at
the deposition, only during such time as “CONFIDENTIAL” or “CONFIDENTIAL –
OUTSIDE COUNSEL ONLY” designated Confidential Information is to be
disclosed, any person, other than the deponent and other than those individuals
permitted access under this Order, the court reporter, and the person(s) agreed
upon pursuant to paragraph 25 below; and
(c) The originals of the deposition transcripts and all copies of the
deposition must bear the legend “CONFIDENTIAL” or “CONFIDENTIAL –
OUTSIDE COUNSEL ONLY” as appropriate, and the original or any copy
ultimately presented to a court for filing must not be filed unless it can be
accomplished under seal, identified as being subject to this Order, and
protected from being opened except by order of this Court.
22. All Confidential Information designated as “CONFIDENTIAL” or
“CONFIDENTIAL – OUTSIDE COUNSEL ONLY” must not be disclosed by the Receiving
Party to anyone other than those persons permitted access within this Order and must
be handled in the manner set forth below and, in any event, must not be used for any
purpose other than in connection with this litigation, unless and until such designation
is removed either by agreement of the Parties, or by order of the Court.
23. All Confidential Information designated “CONFIDENTIAL – OUTSIDE
COUNSEL ONLY” may be viewed only by Counsel of Record of the Receiving Party,
and by Independent Experts in accordance with the following protocol.
a. If the Independent Expert works or consults with, or intends to work
or consult with, or provides advice to or intends to provide advice to
entities that compete with Oculus VR in the field of virtual reality
products and services, or with Oculu in the field of online video

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advertising, the right of such Independent Expert to receive any
information designated “CONFIDENTIAL – OUTSIDE COUNSEL ONLY”
will be subject to the advance approval of such expert by the
Producing Party or as approved by the Court, and the Party seeking
approval of such an Independent Expert must provide written notice
to Counsel for the Producing Party, which notice will include: (i) the
individual’s name and business title; (ii) business address and country
of residence; (iii) business or profession; (iv) the individual’s
curriculum vitae; (v) any previous or current relationship (personal or
professional) with any of the Parties; (vi) a list of other cases in
which the individual has testified (at trial or deposition) within the
last six years; (vii) a list of all companies with which the individual
has consulted or by which the individual has been employed within
the last four years; (viii) a list of any issued patents and patent
applications to which the individual contributed (including as an
inventor or filer); and (ix) the time period(s) and brief description and
subject matter of each consultancy or employment. Any objection by
the Producing Party to an Independent Expert receiving Confidential
Information must be made in writing within fourteen days following
receipt of the identification of the proposed Independent Expert.
Confidential Information may be disclosed to an Independent Expert
if the fourteen day period has passed and no objection has been made.
The approval of Independent Experts must not be unreasonably
withheld. The foregoing notification procedure shall not apply to any
Independent Expert who does not work or consult with, or intend to
work or consult with, or provide advice to or intend to provide advice
to entities that compete with Oculus VR in the field of virtual reality

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products and services, or with Oculu in the field of online video
advertising.
b. Prior to reviewing any Confidential Information designated
“CONFIDENTIAL” or “CONFIDENTIAL – OUTSIDE COUNSEL ONLY”, any
Independent Expert shall sign a copy of the form attached as Exhibit
A, in advance of providing any Confidential Information of the
Producing Party to the Independent Expert. Such signed form shall
be retained by the Outside Counsel retaining the Independent Expert
and shall be made available to the opposing Party upon the disclosure
of said Independent Expert pursuant to Fed. R. Civ. P. 26(a)(2)(D).
24. All Confidential Information designated “CONFIDENTIAL” may be viewed
only by Counsel of the Receiving Party, by Independent Experts, and by the
additional individuals listed below, provided each such individual has read this Order
in advance of disclosure and has agreed in writing to be bound by its terms:
(a) Executives who are required to participate in policy decisions with
reference to this action;
(b) Technical personnel of the Parties with whom Counsel for the Parties
find it necessary to consult, in the discretion of such Counsel, in preparation for
trial of this action; and
(c) Stenographic and clerical employees associated with the individuals
identified above.
25. In addition to the individuals referenced in paragraphs 23 and 24 above,
all Confidential Information designated “CONFIDENTIAL” or “CONFIDENTIAL –
OUTSIDE COUNSEL ONLY” may also be viewable by independent legal translators
retained to translate in connection with this action; independent copying, scanning,
technical support and electronic document processing services retained by Counsel in
connection with this action; graphics, translation, or design services retained by

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Counsel for purposes of preparing demonstrative or other exhibits for deposition,
trial, or otherwise in connection with this action; non-technical jury or trial consulting
services retained by Counsel in connection with this action, provided, however, that
any such individual has read this Order in advance of disclosure, and has executed a
copy of the form attached as Exhibit A in advance of access.
26. With respect to all Confidential Information designated “CONFIDENTIAL,”
or “CONFIDENTIAL – OUTSIDE COUNSEL ONLY,” any person indicated on the face of
the document to be its originator, author or a recipient of a copy of the document,
may be shown the same.
27. All Confidential Information that has been designated as “CONFIDENTIAL”
or “CONFIDENTIAL – OUTSIDE COUNSEL ONLY” by the producing or disclosing Party,
and any and all reproductions of that information or Material, must be retained in the
custody of the Counsel of Record for the Receiving Party, except that Independent
Experts authorized to view such information under the terms of this Order may retain
custody of copies such as are necessary for their participation in this litigation.
28. Before any Materials such as those produced in discovery, answers to
interrogatories, responses to requests for admissions, deposition transcripts, or other
documents that are designated as “CONFIDENTIAL” or “CONFIDENTIAL – OUTSIDE
COUNSEL ONLY,” are filed with the Court for any purpose, the Party seeking to file
such Material must seek permission of the Court to file the Material under seal. Any
request to file such Material under seal must comply with Local Civil Rule 5.
29. At any stage of these proceedings, any Party may object to the
“CONFIDENTIAL” or “CONFIDENTIAL – OUTSIDE COUNSEL ONLY” designation of any
Confidential Information. The Party objecting to any such designation must notify, in
writing, Counsel for the Designating Party of the objected to designation of such
Confidential Information and the grounds for the objection. If the dispute is not
resolved consensually between the Parties within seven days of receipt of such a

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notice of objections, the objecting Party may move the Court for a ruling on the
objection pursuant to the terms of Local Rule 37. The Confidential Information at
issue must be treated according to the designation of the Designating Party, until the
Court has ruled on the objection or the matter has been otherwise resolved.
30. All Confidential Information must be held in confidence by those
authorized by this Order to inspect or receive it, and must be used only for purposes
of this action. Counsel for each Party, and each person receiving Confidential
Information must take reasonable precautions to prevent the unauthorized or
inadvertent disclosure of such Confidential Information. If Confidential Information
is disclosed to any person other than a person authorized by this Order, the Party
responsible for the unauthorized disclosure must immediately bring all pertinent facts
relating to the unauthorized disclosure to the attention of the other Parties and,
without prejudice to any rights and remedies of the other Parties, make every effort to
prevent further disclosure by the Party and by the person(s) receiving the
unauthorized disclosure.
31. No Party shall be responsible to another Party for disclosure of
Confidential Information under this Order if the information in question is not labeled
or otherwise identified as such in accordance with this Order.
32. If a Producing Party, through inadvertence, produces any Confidential
Information without labeling or marking or otherwise designating it as such in
accordance with this Order, the Producing Party may give written notice to the
Receiving Party that the document or thing produced is deemed Confidential
Information, and that the document or thing produced should be treated as such in
accordance with that designation under this Order. The Receiving Party must treat
the materials as Confidential Information, once the Producing Party so notifies the
Receiving Party. If the Receiving Party has disclosed the materials before receiving
the designation, the Receiving Party must notify the Producing Party in writing of

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each such disclosure. Counsel for the Parties shall agree on a mutually acceptable
manner of labeling or marking the inadvertently produced materials as
“CONFIDENTIAL” or “CONFIDENTIAL – OUTSIDE COUNSEL ONLY” subject to this
Order.
PRODUCTION OF PRIVILEGED OR PROTECTED DOCUMENTS.
33. Inadvertent production or other disclosure of documents subject to workproduct immunity, the attorney-client privilege or other legal privilege that protects
information from discovery shall not constitute a waiver of the immunity, privilege,
or other protection, provided that the Producing Party notifies the Party receiving the
information (“Receiving Party”) in writing reasonably promptly after it confirms such
inadvertent production.
34. Copies of such inadvertently produced privileged and/or protected
document(s) shall be returned to the Producing Party or destroyed immediately upon
notice of privilege and any information regarding the content of the document(s) shall
be deleted from any litigation support or other database and is forbidden from
disclosure and forbidden from use in this action or for any other reason at all. The
Party or individual having received the inadvertently-produced privileged or
protected information shall notify the Producing Party in writing when all such copies
have been returned, destroyed or deleted. Any Party or individual having received
the inadvertently-produced privileged or protected information need not wait for
notice from the Producing Party before complying with the above and is expected to
comply with the requirements of this paragraph as soon as it is known or should be
known, that the document and information contained therein is privileged and/or
protected. No use shall be made of such inadvertently-produced privileged or
protected information during deposition or at trial or otherwise, nor shall the
information be shown to anyone who was not given access to them prior to the
request to return or destroy them.

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35. The Parties shall have the benefit of all limitations on waiver afforded by
Federal Rules of Evidence 502. In addition, the Parties agree that the disclosure
(whether intentional or non-intentional) of documents that are found by the Court,
after such disclosure, to be subject to work-product immunity, the attorney-client
privilege or other legal privilege that protects information from discovery (“CourtOrdered Protected Documents”) shall not constitute a waiver of any such privilege or
protection with respect to any non-disclosed documents of the same subject
matter. Any inadvertent or non-intentional disclosure of privileged or protected
information shall not operate as a waiver in any other federal, state or administrative
proceeding, and the Parties’ agreement regarding the effect of inadvertent or nonintentional disclosure of privileged or protected information shall be binding on nonparties only to the extent that they have read, acknowledged, and agreed to be bound
by the terms of this Order. Any disclosure of Court-Ordered Protected Documents as
provided herein shall not operate as a waiver with respect to any non-disclosed
documents of the same subject matter in any other federal, state or administrative
proceeding.
36. The Court shall determine at the time of trial how Confidential
Information shall be handled at trial, consistent with the purposes of this Order.
CONFIDENTIAL INFORMATION SUBPOENAED OR ORDERED
PRODUCED IN OTHER LITIGATION
37. Nothing herein shall be construed to prevent disclosure of Confidential
Information if such disclosure is required by law or by order of the Court.
38. If a Party or Counsel is served a subpoena or a court order issued in other
litigation that compels disclosure of any information or items designated in this action
as CONFIDENTIAL, that Party or Counsel must:
a. Promptly notify in writing the Designating Party. Such
notification shall include a copy of the subpoena or court order;

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b. 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 Order. Such
notification shall include a copy of this Order; and
c. Cooperate with respect to all reasonable procedures sought to be
pursued by the Designating Party whose Confidential Information
may be affected to protect the Confidential Information from
disclosure.
39. If the Designating Party timely seeks a protective order, the Party or
Counsel served with the subpoena or court order shall not produce any information
designated in this action as Confidential Information before a determination by the
court from which the subpoena or order issued or the court where compliance is
required, unless the Party or Counsel 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 Information – 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.
40. No Party or Counsel who has received Confidential Information subject to
this Order shall aid or encourage a party to other litigation to subpoena or otherwise
seek to obtain Confidential Information subject to this Order.
FILING CONFIDENTIAL INFORMATION.
41. 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 Confidential Information. A Party that seeks to file
under seal any Confidential Information must comply with Judge Rosenbluth’s
practices and schedules, available on the Court’s website, and Local Rule 79-5.1. If
confidential material is included in any papers to be filed in Court, such papers shall

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be accompanied by an application to file the papers – or the confidential portion
thereof – under seal; the application must show good cause for the under seal filing.
Further, the application shall be directed to the judge to whom the papers are directed.
Pending the ruling on the application, the papers or portions thereof subject to the
sealing application shall be lodged for filing under seal.
MISCELLANEOUS PROVISIONS
42. No Party will be responsible to another Party for disclosure of
Confidential Information under this Order if the Confidential Information in question
is not labeled or otherwise designated in accordance with this Order.
43. If a Party, through inadvertence, produces any Confidential Information
without labeling or marking or otherwise designating it as such in accordance with
this Order, the Designating Party may give written notice to the Receiving Party that
the document or thing produced is to be designated, as appropriate, “CONFIDENTIAL”
or “CONFIDENTIAL – OUTSIDE COUNSEL ONLY,” and that the document or thing
produced should be treated as such in accordance with that designation under this
Order. The Receiving Party must treat such designated Confidential Information in
accordance with this Order, once the Designating Party so notifies the Receiving
Party. If the Receiving Party has disclosed such Confidential Information before
receiving the designation; the Receiving Party must notify the Designating Party in
writing of each such disclosure, and the Receiving Party will make every effort to
prevent further disclosure by the Party and by the person(s) receiving such
inadvertently produced Confidential Information. Counsel for the Parties will agree
on a mutually acceptable manner of labeling or marking the inadvertently produced
Confidential Information as “CONFIDENTIAL” or “CONFIDENTIAL – OUTSIDE COUNSEL
ONLY.”

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44. Nothing within this Order will prejudice the right of any Party to object to
the production of any discovery on the grounds that such Confidential Information is
protected as privileged or as attorney work product.

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45. Nothing in this Order will bar Counsel from rendering advice to their
clients with respect to this litigation and, in the course of this litigation, relying upon
any Confidential Information designated as “CONFIDENTIAL” or “CONFIDENTIAL –
OUTSIDE COUNSEL ONLY,” provided that the contents of the Confidential Information
must not be disclosed to those not authorized by this Order.

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46. This Order will be without prejudice to the right of any Party to oppose
production of any Confidential Information for lack of relevance or any other ground
other than the mere presence of Confidential Information. The existence of this
Order must not be used by either Party as a basis for discovery that is otherwise
improper under the Federal Rules of Civil Procedure.

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47. Nothing within this Order will be construed to prevent disclosure of
Confidential Information if such disclosure is required by law or by order of the
Court.
48. Nothing in this Order will be construed to conflict with laws regulating the
exportation of certain types of information, Materials, or devices outside of the
United States.
49. The restrictions and obligations set forth within this Order will not apply
to any Confidential Information that: (a) the Parties mutually agree should not be
subject to this Order; (b) the Parties mutually agree, or the Court rules, is already
public knowledge; (c) the Parties mutually agree, or the Court rules, has become
public knowledge other than as a result of disclosure by the Receiving Party, its
employees, or its agents in violation of this Order; or (d) has come or will come into
the Receiving Party’s legitimate knowledge independently of the production by the

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Designating Party. Prior knowledge must be established by pre-production
documentation.
50. The restrictions and obligations within this Order will not be deemed to
prohibit discussions of any Confidential Information with anyone if that person
already has or obtains legitimate possession of that information.
51. Transmission by fax or email is acceptable for all notification purposes
within this Order.
52. This Order may be modified by written agreement of the Parties, subject
to approval by the Court.
53. The Court may modify the terms and conditions of this Order for good
cause, or in the interest of justice, or on its own order at any time in these
proceedings. The Parties prefer that the Court provide them with notice of the Court’s
intent to modify the Order and the content of those modifications, prior to entry of
such an order.
54. Even after the termination of this action, the confidentiality and other
obligations imposed by this Order will remain in effect until the Producing Party
agrees otherwise in writing or the Court otherwise directs. Any Final Disposition of
this action as to any or all Parties will include a specific provision that the Court will
retain jurisdiction to enforce the terms of this Order for a period of two years
following such Final Disposition unless otherwise ordered by the Court. The Parties,
Counsel, and any individual who receives any Confidential Information authorized by
this Order consents to the personal jurisdiction of the Court for that purpose.
FINAL DISPOSITION
55. Unless otherwise agreed by the Parties in writing, within 60 days after the
Final Disposition of this action, as defined below, each Receiving Party authorized by
this Order must return all Confidential Information to the Producing Party or destroy
such Confidential Information. Whether, the Confidential Information is returned or

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destroyed, Counsel for the Receiving Party must submit a written certification to
Counsel for the Producing Party (and, if not the same person or entity, to the
Designating Party) by the 60-day deadline that (a) identifies (by category, where
appropriate) all the Confidential Information that was returned or destroyed and (b)
affirms that the Receiving Party has not retained any of the Confidential Information.
Notwithstanding this provision, and unless otherwise agreed by the Parties in writing,
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 Confidential Information. Any such archival
copies that contain or constitute Confidential Information remain subject to this
Order. Even after Final Disposition of this litigation, the confidentiality obligations
imposed by this Order will remain in effect until a Designating Party agrees
otherwise in writing or a Court otherwise directs. “Final Disposition” means the later
of (a) dismissal of all claims and defenses in this action, with or without prejudice
and (b) final judgment in this action 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.

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November 17, 2014
By: /s/ Bobby Ghajar
Bobby Ghajar
Kelly W. Craven
Marcus D. Peterson
PILLSBURY WINTHROP SHAW
PITTMAN LLP

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Attorneys for Defendant and
Counterclaimant Oculus VR, Inc.

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Pursuant to Local Rule 5-4.3.4, Bobby Ghajar hereby attests that the following
signatory concurs in the filing’s content and has authorized the filing.

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By: /s/ Olivier A. Taillieu
Olivier A. Taillieu
The Taillieu Law Firm LLP

November 17, 2014

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Attorneys for Plaintiff and CounterDefendant Oculu, LLC

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IT IS SO ORDERED.
Dated: November 17, 2014

JEAN ROSENBLUTH
Honorable Jean P. Rosenbluth
United States Magistrate Judge

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EXHIBIT A
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I,

, declare as follows:

My current employer is

.

My current address is

.

My present occupation is

.

I have received a copy of the Protective Order in this action, Oculu LLC v.
Oculus VR, Inc., United States Dist. Court, C.D. Cal. No. 8:14-sacv-196-DOC
(JPRx).
I have been retained by

.

I have carefully read and understand the provisions of this Protective Order Re
Confidentiality, and I promise that I will comply with all of its provisions. I will use
information designated as “Confidential,” and “Confidential – Outside Counsel Only”
only for the purposes of this litigation, and not for any other purposes. I will return
all “Confidential,” and “Confidential – Outside Counsel Only” information, and all
documents that I prepare that may incorporate such information, to counsel for the
Party who disclosed or furnished the information to me promptly upon the request of
counsel for both Parties or, if applicable, upon the request of counsel by whom I was
retained, upon conclusion of this litigation, or upon order of the court.
I submit to the jurisdiction of this court for the purposes of enforcement against
me of the terms and conditions of this Protective Order and the terms of this
declaration.
I declare under the penalty of perjury under the laws of the United States that
the foregoing is true and correct.

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________________________, 2014
Signature

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Printed Name

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