Uniloc Luxembourg S.A. v. Michael W Broderick

Filing 67

STIPULATED PROTECTIVE ORDER by Magistrate Judge Douglas F. McCormick. (mba)

1
2
3
4
5
6
7
8
9
10
11

Steven C. Smith, CA State Bar No. 116246
SMITH LC
3161 Michelson Drive, Suite 925
Irvine, CA 92612
Telephone: [phone]
Facsimile: [phone]
Email:
[e-mail]
John L. Krenn, Esq., MN State Bar No. 12493X
GRAY PLANT MOOTY MOOTY & BENNETT, P.A.
500 IDS Center
80 S. Eighth Street
Minneapolis, MN 55402
Telephone: [phone]
Facsimile: [phone]
Email:
[e-mail]
Attorneys for Plaintiff
Uniloc Luxembourg, S.A.

12

UNITED STATES DISTRICT COURT

13

CENTRAL DISTRICT

14

SOUTHERN DIVISION

15
16 UNILOC LUXEMBOURG, S.A.,
17

Plaintiff,

18
19

vs.

20 MICHAEL W. BRODERICK,
21
22
23
24
25

Defendant.

CASE NO: 8:16-cv-00231-CJC-DFM
Assigned to: Judge Cormac J. Carney
Dept.: 9B
Referred to: Magistrate Judge Douglas
F. McCormick
Dept.: 6B
Complaint Filed: 10/13/15
Trial Date:
6/20/17
STIPULATED PROTECTIVE
ORDER FOR LITIGATION
INVOLVING CONFIDENTIAL
INFORMATION AND ORDER

26
27
28
-1STIPULATED PROTECTIVE ORDER FOR LITIGATION INVOLVING PATENTS AND
[PROPOSED] ORDER

1

TO THE COURT, ALL PARTIES, AND THEIR ATTORNEYS OF

2

RECORD:

3

1.

4

Disclosure and discovery activity in this action is likely to involve

5

production of confidential, proprietary, or private information for which special

6
7
8
9
10
11
12
13
14

PURPOSES AND LIMITATIONS

protection from public disclosure and from use for any purpose other than
prosecuting this litigation may be warranted. Accordingly, the parties hereby
stipulate to and petition the court to enter the following Stipulated Protective
Order. The parties acknowledge that this Order does not confer blanket
protections on all disclosures or responses to discovery and that the protection it
affords from public disclosure and use extends only to the limited information or
items that are entitled to confidential treatment under the applicable legal
principles. The parties further acknowledge, as set forth below, that this

15

Stipulated Protective Order does not entitle them to file confidential information

16

under seal, and the standards set forth in the Local Rules will be applied when a

17

party seeks permission from the court to file material under seal.

18

2.

19

This action is likely to commercial, financial, technical and/or proprietary

20

information for which special protection from public disclosure and from use for

21

any purpose other than prosecution of this action is warranted. Such confidential

22

and proprietary materials and information consist of, among other things,

23

confidential business or financial information, information regarding confidential

24

business practices, or other confidential research, development, or commercial

25

information (including information implicating privacy rights of third parties),

26
27
28

GOOD CAUSE STATEMENT

information otherwise generally unavailable to the public, or which may be
privileged or otherwise protected from disclosure under state or federal statutes,
court rules, case decisions, or common law. Accordingly, to expedite the flow of
-2STIPULATED PROTECTIVE ORDER FOR LITIGATION INVOLVING PATENTS AND
[PROPOSED] ORDER

1

information, to facilitate the prompt resolution of disputes over confidentiality of

2

discovery materials, to adequately protect information the parties are entitled to

3

keep confidential, to ensure that the parties are permitted reasonable necessary uses

4

of such material in preparation for and in the conduct of trial, to address their

5

handling at the end of the litigation, and serve the ends of justice, a protective order

6
7
8
9
10
11

for such information is justified in this matter. It is the intent of the parties that
information will not be designated as confidential for tactical reasons and that
nothing be so designated without a good faith belief that it has been maintained in
a confidential, non-public manner, and there is good cause why it should not be
part of the public record of this case.
3.

12
13
14

ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER

SEAL
The parties further acknowledge, as set forth in Section 12.3, below, that

15

this Stipulated Protective Order does not entitle them to file confidential

16

information under seal; Local Civil Rule 79-5 sets forth the procedures that must

17

be followed and the standards that will be applied when a party seeks permission

18

from the court to file material under seal.

19

There is a strong presumption that the public has a right of access to judicial

20

proceedings and records in civil cases. In connection with non-dispositive

21

motions, good cause must be shown to support a filing under seal. See Kamakana

22

v. City and County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v.

23

Gen. Motors Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v.

24

Sony Electrics, Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated

25

protective orders require good cause showing), and a specific showing of good

26
27
28

cause or compelling reasons with proper evidentiary support and legal justification,
must be made with respect to Protected Material that a party seeks to file under
seal. The parties’ mere designation of Disclosure or Discovery Material as
-3STIPULATED PROTECTIVE ORDER FOR LITIGATION INVOLVING PATENTS AND
[PROPOSED] ORDER

1

CONFIDENTIAL does not—without the submission of competent evidence by

2

declaration, establishing that the material sought to be filed under seal qualifies as

3

confidential, privileged, or otherwise protectable—constitute good cause.

4
5
6
7
8
9
10
11
12
13
14
15

Further, if a party requests sealing related to a dispositive motion or trial,
then compelling reasons, not only good cause, for the sealing must be shown, and
the relief sought shall be narrowly tailored to serve the specific interest to be
protected. See Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir.
2010). For each item or type of information, document, or thing sought to be filed
or introduced under seal in connection with a dispositive motion or trial, the party
seeking protection must articulate compelling reasons, supported by specific facts
and legal justification, for the requested sealing order. Again, competent evidence
supporting the application to file documents under seal must be provided by
declaration.
Any document that is not confidential, privileged, or otherwise protectable

16

in its entirety will not be filed under seal if the confidential portions can be

17

redacted. If documents can be redacted, then a redacted version for public

18

viewing, omitting only the confidential, privileged, or otherwise protectable

19

portions of the document, shall be filed. Any application that seeks to file

20

documents under seal in their entirety should include an explanation of why

21

redaction is not feasible.

22

4.

DEFINITIONS

23

4.1

Challenging Party: a Party or Non-Party that challenges the

24
25
26
27
28

designation of information or items under this Order.
4.2

“CONFIDENTIAL” Information or Items: information (regardless

of how it is generated, stored or maintained) or tangible things that qualify for
protection under Federal Rule of Civil Procedure 26(c), and as specified above in
the Good Cause Statement.
-4STIPULATED PROTECTIVE ORDER FOR LITIGATION INVOLVING PATENTS AND
[PROPOSED] ORDER

1
2
3

4.3

Counsel (without qualifier): Counsel of Record, their co-counsel,

and their support staff.
4.4

Designating Party: a Party or Non-Party that designates information

4

or items that it produces in disclosures or in responses to discovery as

5

“CONFIDENTIAL.”

6
7
8
9
10
11
12
13
14
15
16
17

4.5

Disclosure or Discovery Material: all items or information,

regardless of the medium or manner in which it is generated, stored, or
maintained (including, among other things, testimony, transcripts, and tangible
things), that are produced or generated in disclosures or responses to discovery in
this matter.
4.6

Expert: a person with specialized knowledge or experience in a

matter pertinent to the litigation who (1) has been retained by a Party or its
counsel to serve as an expert witness or as a consultant in this action.
4.7

Non-Party: any natural person, partnership, corporation, association,

or other legal entity not named as a Party to this action.
4.8

Outside Counsel of Record: attorneys who are not employees of a

18

party to this action but are retained to represent or advise a party to this action

19

and have appeared in this action on behalf of that party or are affiliated with a

20

law firm, which has appeared on behalf of that party.

21

4.9

Party: any party to this action, including all of its officers, directors,

22

employees, consultants, retained experts, and Outside Counsel of Record (and

23

their support staffs).

24
25
26
27

4.10

Producing Party: a Party or Non-Party that produces Disclosure or

Discovery Material in this action.
4.11

Professional Vendors: persons or entities that provide litigation

support services (e.g., photocopying, videotaping, translating, preparing exhibits

28
-5STIPULATED PROTECTIVE ORDER FOR LITIGATION INVOLVING PATENTS AND
[PROPOSED] ORDER

1

or demonstrations, and organizing, storing, or retrieving data in any form or

2

medium) and their employees and subcontractors.

3
4
5
6
7
8
9
10
11
12
13
14

4.12

Protected Material: any Disclosure or Discovery Material that is

designated as “CONFIDENTIAL.”
4.13

Receiving Party: a Party that receives Disclosure or Discovery

Material from a Producing Party.
5.

SCOPE

The protections conferred by this Stipulation and Order cover not only
Protected Material (as defined above), but also (1) any information copied or
extracted from Protected Material; (2) all copies, excerpts, summaries, or
compilations of Protected Material; and (3) any testimony, conversations, or
presentations by Parties or their Counsel that might reveal Protected Material.
However, the protections conferred by this Stipulation and Order do not cover the

15

following information: (a) any information that is in the public domain at the time

16

of disclosure to a Receiving Party or becomes part of the public domain after its

17

disclosure to a Receiving Party as a result of publication not involving a violation

18

of this Order, including becoming part of the public record through trial or

19

otherwise; and (b) any information known to the Receiving Party prior to the

20

disclosure or obtained by the Receiving Party after the disclosure from a source

21

who obtained the information lawfully and under no obligation of confidentiality to

22

the Designating Party. Any use of Protected Material at trial shall be governed by

23

the orders of the trial judge. This Order does not govern the use of Protected

24

Material at trial.

25
26
27
28

6.

DURATION

Once a case proceeds to trial, information that was designated as
confidential or maintained pursuant to this protective order used or introduced as
an exhibit at trial becomes public and will be presumptively available to all
-6STIPULATED PROTECTIVE ORDER FOR LITIGATION INVOLVING PATENTS AND
[PROPOSED] ORDER

1

members of the public, including the press, unless compelling reasons supported

2

by specific factual findings to proceed otherwise are made to the trial judge in

3

advance of the trial. See Kamakana, 447 f.3d at 1180-81 (distinguishing “good

4

cause” showing for sealing documents produced in discovery from “compelling

5

reasons” standard when merits-related documents are part of court record).

6
7
8
9
10
11
12
13
14

Accordingly, the terms of this protective order do not extend beyond the
commencement of the trial.
7.

DESIGNATING PROTECTED MATERIAL

7.1

Exercise of Restraint and Care in Designating Material for Protection.

Each Party or Non-Party that designates information or items for protection under
this Order must take care to limit any such designation to specific material that
qualifies under the appropriate standards. Mass, indiscriminate or routinized
designations are prohibited. Designations that are shown to be clearly unjustified

15

or that have been made for an improper purpose (e.g., to unnecessarily encumber

16

the case development process or to impose unnecessary expenses and burdens on

17

other parties) may expose the Designating Party to sanctions.

18

If it comes to a Designating Party’s attention that information or items that

19

it designated for protection do not qualify for protection at all or do not qualify

20

for the level of protection initially asserted, that Designating Party must promptly

21

notify all other parties that it is withdrawing the mistaken designation.

22

7.2

Manner and Timing of Designations. Except as otherwise provided

23

in this Order, or as otherwise stipulated or ordered, Disclosure or Discovery

24

Material that qualifies for protection under this Order must be clearly so

25

designated before the material is disclosed or produced.

26
27
28

Designation in conformity with this Order requires:
(a) for information in documentary form (e.g., paper or electronic
documents, but excluding transcripts of depositions or other pretrial or trial
-7STIPULATED PROTECTIVE ORDER FOR LITIGATION INVOLVING PATENTS AND
[PROPOSED] ORDER

1

proceedings), that the Producing Party affix the legend “CONFIDENTIAL” to

2

each page that contains protected material. If only a portion of the material on a

3

page qualifies for protection, the Producing Party also must clearly identify the

4

protected portion(s) (e.g., by making appropriate markings in the margins).

5

A Party or Non-Party that makes original documents or materials available for

6
7
8
9
10
11
12
13
14

inspection need not designate them for protection until after the inspecting Party
has indicated which material it would like copied and produced. During the
inspection and before the designation, all of the material made available for
inspection shall be deemed “CONFIDENTIAL.” After the inspecting Party has
identified the documents it wants copied and produced, the Producing Party must
determine which documents, or portions thereof, qualify for protection under this
Order. Then, before producing the specified documents, the Producing Party must
affix the legend “CONFIDENTIAL” to each page that contains Protected Material.

15

If only a portion of the material on a page qualifies for protection, the Producing

16

Party also must clearly identify the protected portion(s) (e.g., by making

17

appropriate markings in the margins).

18

(b) for testimony given in deposition or in other pretrial or trial

19

proceedings, that the Designating Party identify on the record, before the close of

20

the deposition, hearing, or other proceeding, all protected testimony (including

21

exhibits) and specify the level of protection being asserted.

22

Transcripts (including exhibits) containing Protected Material shall have an

23

obvious legend on the title page that the transcript contains Protected Material,

24

and the title page shall be followed by a list of all pages (including line numbers

25

and exhibit numbers as appropriate) that have been designated as Protected

26
27

Material and the level of protection being asserted by the Designating Party. The
Designating Party shall inform the court reporter of these requirements.

28
-8STIPULATED PROTECTIVE ORDER FOR LITIGATION INVOLVING PATENTS AND
[PROPOSED] ORDER

1

(c) for information produced in some form other than documentary

2

and for any other tangible items, that the Producing Party affix in a prominent

3

place on the exterior of the container or containers in which the information or

4

item is stored the legend “CONFIDENTIAL.” If only a portion or portions of the

5

information or item warrant protection, the Producing Party, to the extent

6
7
8
9
10
11
12
13
14

practicable, shall identify the protected portion(s) and specify the level of
protection being asserted.
7.3

Inadvertent Failures to Designate. If timely corrected, an inadvertent

failure to designate qualified information or items does not, standing alone, waive
the Designating Party’s right to secure protection under this Order for such
material. Upon timely correction of a designation, the Receiving Party must make
reasonable efforts to assure that the material is treated in accordance with the
provisions of this Order.

15

8. CHALLENGING CONFIDENTIALITY DESIGNATIONS

16

8.1

Timing of Challenges. Any Party or Non-Party may challenge a

17

designation of confidentiality at any time. Unless a prompt challenge to a

18

Designating Party’s confidentiality designation is necessary to avoid foreseeable,

19

substantial unfairness, unnecessary economic burdens, or a significant disruption

20

or delay of the litigation, a Party does not waive its right to challenge a

21

confidentiality designation by electing not to mount a challenge promptly after

22

the original designation is disclosed.

23

8.2

Meet and Confer. A Party that elects to initiate a challenge to a

24

Designating Party’s confidentiality designation must do so in good faith and must

25

comply with the meet and confer requirements and procedures set forth in Civil

26
27

Local Rule 37-1 and 37-2. The burden of persuasion in any such challenge
proceeding shall be on the Designating Party in a manner consistent with Rule

28
-9STIPULATED PROTECTIVE ORDER FOR LITIGATION INVOLVING PATENTS AND
[PROPOSED] ORDER

1

26(c). Until the Court rules on the challenge, all parties shall continue to afford

2

the material in question the level of protection designated by the Producing Party.

3

9.

ACCESS TO AND USE OF PROTECTED MATERIAL

4

9.1

Basic Principles. A Receiving Party may use Protected Material that

5
6
7
8
9
10
11
12
13
14
15

is disclosed or produced by another Party or by a Non-Party in connection with
this case only for prosecuting, defending, or attempting to settle this litigation.
Such Protected Material may be disclosed only to the categories of persons and
under the conditions described in this Order. When the litigation has been
terminated, a Receiving Party must comply with the provisions of section 10
below (FINAL DISPOSITION).
Protected Material must be stored and maintained by a Receiving Party at a
location and in a secure manner that ensures that access is limited to the persons
authorized under this Order.
9.2

Disclosure of “CONFIDENTIAL” Information or Items. Unless

16

otherwise ordered by the court or permitted in writing by the Designating Party, a

17

Receiving

18

“CONFIDENTIAL” only to:

Party

may

disclose

any

information

or

item

designated

19

(a) the Receiving Party’s Outside Counsel of Record in this action,

20

as well as employees of said Outside Counsel of Record to whom it is reasonably

21

necessary to disclose the information for this litigation;

22
23

(b) the Receiving Party, and the officers, directors, and employees of
the Receiving Party to whom disclosure is necessary for this litigation;

24

(c) Experts (as defined in this Order) of the Receiving Party to

25

whom disclosure is necessary for this litigation and who have signed the

26
27
28

“Acknowledgment and Agreement to Be Bound” (Exhibit A);
(d) the court and its personnel;
(e) court reporters and their staff;
- 10 STIPULATED PROTECTIVE ORDER FOR LITIGATION INVOLVING PATENTS AND
[PROPOSED] ORDER

1

(f) professional jury or trial consultants, and Professional Vendors to

2

whom disclosure is necessary for this litigation and who have signed the

3

“Acknowledgment and Agreement to Be Bound” (Exhibit A);

4

(g) during their depositions, witnesses in the action to whom

5

disclosure is necessary and who have signed the “Acknowledgment and

6
7
8
9
10
11

Agreement to Be Bound” (Exhibit A), unless otherwise agreed by the
Designating Party or ordered by the court. Pages of transcribed deposition
testimony or exhibits to depositions that reveal Protected Material must be
separately bound by the court reporter and may not be disclosed to anyone except
as permitted under this Stipulated Protective Order;
(h) the author or recipient of a document containing the information or a

12
13

custodian or other person who otherwise possessed or knew the information; or
(i) any mediator or settlement officer, and their supporting personnel,

14

mutually agreed upon by any of the parties engaged in settlement discussions.

15
16

10.

PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED

17

IN OTHER LITIGATION If a Party is served with a subpoena or a court

18

order issued in other litigation that compels disclosure of any information or

19

items designated in this Action as “CONFIDENTIAL,” that Party must:

20
21

(a) promptly notify in writing the Designating Party. Such notification shall
include a copy of the subpoena or court order; and/or

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

24

subpoena or order is subject to this Protective Order. Such notification shall

25

include a copy of this Stipulated Protective Order; and (c) cooperate with

26
27

respect to all reasonable procedures sought to be pursued by the Designating
Party whose Protected Material may be affected.

28
- 11 STIPULATED PROTECTIVE ORDER FOR LITIGATION INVOLVING PATENTS AND
[PROPOSED] ORDER

1

If the Designating Party timely seeks a protective order, the Party served

2

with the subpoena or court order shall not produce any information

3

designated in this action as “CONFIDENTIAL” before a determination by

4

the court from which the subpoena or order issued, unless the Party has

5

obtained the Designating Party’s permission. The Designating Party shall

6

bear the burden and expense of seeking protection in that court of its

7

confidential material and nothing in these provisions should be construed as

8

authorizing or encouraging a Receiving Party in this Action to disobey a

9
10
11
12
13
14

lawful directive from another court.
11.

A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
PRODUCED IN THIS LITIGATION
(a) The terms of this Order are applicable to information produced by a Non-

Party in this Action and designated as “CONFIDENTIAL.” Such information

15

produced by Non-Parties in connection with this litigation is protected by the

16

remedies and relief provided by this Order. Nothing in these provisions

17

should be construed as prohibiting a Non-Party from seeking additional

18

protections.

19

(b) 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

25

agreement with a Non-Party;

26
27
28

(2) promptly provide the Non-Party with a copy of the Stipulated Protective
Order in this Action, the relevant discovery request(s), and a reasonably
specific description of the information requested; and
- 12 STIPULATED PROTECTIVE ORDER FOR LITIGATION INVOLVING PATENTS AND
[PROPOSED] ORDER

1
2
3

(3) make the information requested available for inspection by the NonParty, if requested.
(c) If the Non-Party fails to seek a protective order from this court within 14

4

days of receiving the notice and accompanying information, the Receiving

5

Party may produce the Non-Party’s confidential information responsive to the

6
7
8
9
10
11
12
13
14

discovery request. If the Non-Party timely seeks a protective order, the
Receiving Party shall not produce any information in its possession or control
that is subject to the confidentiality agreement with the Non-Party before a
determination by the court. Absent a court order to the contrary, the Non-Party
shall bear the burden and expense of seeking protection in this court of its
Protected Material.
12. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
If a Receiving Party learns that, by inadvertence or otherwise, it has

15

disclosed Protected Material to any person or in any circumstance not authorized

16

under this Stipulated Protective Order, the Receiving Party must immediately (a)

17

notify in writing the Designating Party of the unauthorized disclosures, (b) use its

18

best efforts to retrieve all unauthorized copies of the Protected Material, (c)

19

inform the person or persons to whom unauthorized disclosures were made of all

20

the terms of this Order, and (d) request such person or persons to execute the

21

“Acknowledgment and Agreement to Be Bound” that is attached hereto as

22

Exhibit A.

23

13.

24

Without written permission from the Designating Party or a court order

25

secured after appropriate notice to all interested persons, a Party may not file in

26
27

FILING PROTECTED MATERIAL

the public record in this action any Protected Material. A Party that seeks to file
under seal any Protected Material must comply with Civil Local Rule 79-5.1.

28
- 13 STIPULATED PROTECTIVE ORDER FOR LITIGATION INVOLVING PATENTS AND
[PROPOSED] ORDER

1

14.

2

Unless otherwise ordered or agreed in writing by the parties, within 60

3

days after the termination of this action, as defined in paragraph 4 (DURATION),

4

each Receiving Party must return all Protected Material to the Producing Party or

5

provide a written certification within the 60 day period that all of the Protected

6
7
8
9
10
11
12
13
14

FINAL DISPOSITION

Material has been destroyed. Such certification shall affirm that all the Protected
Material was destroyed that the Receiving Party has not retained any copies,
abstracts, compilations, summaries or any other format reproducing or capturing
any of the Protected Material. Notwithstanding this provision, Counsel are
entitled to retain an archival copy of all pleadings, motion papers, trial,
deposition, and hearing transcripts, legal memoranda, correspondence, deposition
and trial exhibits, expert reports, attorney work product, and consultant and
expert work product, even if such materials contain Protected Material. Any such

15

archival copies that contain or constitute Protected Material remain subject to this

16

Protective Order as set forth in Section 4 (DURATION).

17

15.

18

15.1 Right to Further Relief. Nothing in this Order abridges the right of

19

MISCELLANEOUS

any person to seek its modification by the Court in the future.

20

15.2 Right to Assert Other Objections. By stipulating to the entry of this

21

Protective Order, no Party waives any right it otherwise would have to object to

22

disclosing or producing any information or item on any ground not addressed in

23

this Stipulated Protective Order. Similarly, no Party waives any right to object

24

on any ground to use in evidence of any material covered by this Protective

25

Order.

26
27
28

15.3 Filing Protected Material. A Party that seeks to file under seal any
Protected Material must comply with Local Civil Rule 79-5. Protected Material
may only be filed under seal pursuant to a court order authorizing the sealing of the
- 14 STIPULATED PROTECTIVE ORDER FOR LITIGATION INVOLVING PATENTS AND
[PROPOSED] ORDER

1

specific Protected Material at issue. If a Party’s request to file Protected Material

2

under seal is denied by the court, then the Receiving Party may file the information

3

in the public record unless otherwise instructed by the court.

4

16.

5
6

VIOLATION
Any violation of this Order may be punished by appropriate measures

including, without limitation, contempt proceedings and/or monetary sanctions.

7
8
9
10
11

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
(Signature page and [Proposed] Order follows)
Dated: January 23, 2017

SMITH LC

12
13
14
15
16
17
18
19
20
21
22
23
24

/s/ Steven C. Smith
STEVEN C. SMITH, CA SBN116246
SMITH LC
3161 Michelson Drive, Suite 925
Irvine, CA 92612
Telephone: [phone]
Facsimile: [phone]
Email:
[e-mail]
John L. Krenn, Esq., MN SBN 12493X
GRAY PLANT MOOTY MOOTY &
BENNETT, P.A.
500 IDS Center
80 S. Eighth Street
Minneapolis, MN 55402
Telephone: [phone]
Facsimile: [phone]
Email:
[e-mail]
Attorneys for Plaintiff
Uniloc Luxembourg, S.A.

25
26
27
28
- 15 STIPULATED PROTECTIVE ORDER FOR LITIGATION INVOLVING PATENTS AND
[PROPOSED] ORDER

1

Dated: January 23, 2017

KOLETSKY, MANCINI, FELDMAN &
MORROW

2
3

/s/ Jason N. Cirlin
KOLETSKY, MANCINI, FELDMAN &
MORROW
3460 Wilshire Boulevard, Eighth Floor
Los Angeles, CA 90010
Telephone: [phone]
Facsimile: [phone]
E-mail:
[e-mail]

4
5
6
7
8

Brett J. Vottero, Esq.
FEIN EMOND &APPLEBAUM P.C.
53 Mulberry Street
Springfield, MA 01105
Telephone: [phone]
Facsimile: [phone]
Email:
[e-mail]

9
10
11
12

Attorneys for Defendant
Michael W. Broderick

13
14
15
16
17

PURSUANT TO STIPULATION, IT IS SO ORDERED.

18
19
20
21

DATED: February 1, 2017

_______________________________
Honorable Douglas F. McCormick
United States District/Magistrate Judge

22
23
24
25
26
27
28
- 16 STIPULATED PROTECTIVE ORDER FOR LITIGATION INVOLVING PATENTS AND
[PROPOSED] ORDER

1

EXHIBIT A

2

AGREEMENT TO BE BOUND BY PROTECTIVE ORDER

3

I, ______________________________, have read and fully understand the

4

Stipulated Protective Order (“Protective Order”) in effect in case No. 8:16-cv-

5

00231-CJC-DFM, commonly known as Uniloc Luxembourg, S.A. v. Michael W.

6

Broderick, (the “Lawsuit”).

7

Protective Order and by such other orders as the Court may make regarding

8

discovery of Confidential Information, as defined in the Protective Order. I agree

9

that I will not disclose, either directly or indirectly, any Confidential Information

10

to any person or in any manner not specifically authorized by the Protective

11

Order. I agree that I will not copy or use any Confidential Information except

12

solely for the purposes of the Lawsuit and I will return any Confidential

13

Information and any copies thereof within 60 days of the termination or the final

14

disposition of the Lawsuit as set forth in the Protective Order. I agree that I will

15

not distribute copies of, or provide access to, any Confidential Information to any

16

person, either directly or indirectly, except as set forth in the Protective Order. I

17

hereby consent to the jurisdiction of this Court for the purposes of enforcing this

18

Protective Order.

I agree to comply with and be bound by the

19
20

Signature:

__________________________

21

Printed Name:

__________________________

22

Date:

__________________________

23
24
25
26
27
28

- 17 EXHIBIT “A”