Proxyconn, Inc. v. Microsoft Corporation et al

Filing 50

STIPULATED PROTECTIVE ORDER by Magistrate Judge Jean P. Rosenbluth re Stipulation for Protective Order 48 . (See Order for details) (bem)

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RUSS AUGUST & KABAT
Marc A. Fenster, SBN 181067
Andrew D. Weiss, SBN 232974
Neil A. Rubin, SBN 250761
12424 Wilshire Boulevard, 12th Floor
Los Angeles, California 90025
Tel: [phone]
Fax: [phone]
NOTE: CHANGES MADE BY THE COURT
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]
Counsel for Plaintiff
Proxyconn, Inc.

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Scott E. Davis, CA Bar No. 211349
[e-mail]
Salumeh R. Loesch (Pro Hac Vice)
[e-mail]
John D. Vandenberg (pro hac vice)
[e-mail]
KLARQUIST SPARKMAN, LLP
121 SW Salmon Street, Suite 1600
Portland, Oregon 97204
Tel: [phone]
Fax: [phone]

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Jennifer L. Keller, CA Bar No. 84412
[e-mail]
Yen-Shyang Tseng, CA Bar No. 282349
[e-mail]
KELLER/ANDERLE LLP
18300 Von Karman Ave., Suite 930
Irvine, CA 92612
Tel: [phone]
Fax: [phone]
Counsel for Defendants
Microsoft Corporation, HP Inc., Dell Inc.,
and Acer America Corporation

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[PROPOSED] STIPULATED PROTECTIVE
ORDER

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
SOUTHERN DIVISION

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PROXYCONN, INC.,
Plaintiff

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vs.

Defendants.

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STIPULATED PROTECTIVE
ORDER

MICROSOFT CORPORATION, et
al.,

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Case No. 8:16-CV-01102-DOC-JPR

[PROPOSED] STIPULATED PROTECTIVE ORDER
WHEREAS, Plaintiff Proxyconn, Inc. ("Proxyconn") and Defendants
Microsoft Corporation ("Microsoft"), Hewlett-Packard Company ("HP"), Acer
America Corporation ("Acer") and Dell Inc. ("Dell") (collectively, "Defendants")
(Proxyconn and Defendants collectively, the "Parties") possess information
relating to this matter that is confidential;
WHEREAS, the Parties recognize that, in the course of discovery in this
lawsuit, it may be necessary to disclose such confidential matter to the other party,
but each of them desires to ensure that such confidential matter shall not be used
for any purpose other than this action, and shall not be made public or otherwise
disseminated, except to the extent necessary for purposes of this action;
WHEREAS, the Parties, by and through their respective counsel of record,
have agreed to the text of a Protective Order to prevent unnecessary disclosure or
dissemination of their confidential information;
Upon consideration of the foregoing, it is hereby ORDERED as follows:
1.

In connection with discovery proceedings in this action, the Parties may

designate any document, thing, material, testimony or other information derived

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[PROPOSED] STIPULATED PROTECTIVE
ORDER

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therefrom, as "CONFIDENTIAL," "ATTORNEYS' EYES ONLY" or " HIGHLY

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CONFIDENTIAL – SOURCE CODE" under the terms of this Protective Order

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(hereinafter "Order"). Information designated as "CONFIDENTIAL" shall be

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limited to material that the Designating Party believes in good faith must be held

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confidential to protect business or commercial interests. Information designated as

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"ATTORNEYS' EYES ONLY" shall be limited to material that the Designating

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Party believes in good faith is so commercially sensitive or confidential that the

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disclosure to employees of another party, even under the restricted terms and

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conditions applicable to material designated "CONFIDENTIAL," would not

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provide adequate protection to the interests of the designating party. Designated

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documents shall not include (a) publicly available advertising materials, (b)

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materials that have been published to the general public, or (c) documents that

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have been submitted to any governmental entity without request for confidential

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treatment.

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2.

By designating a document, thing, material, testimony or other

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information derived therefrom as CONFIDENTIAL, ATTORNEYS' EYES ONLY

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or HIGHLY CONFIDENTIAL – SOURCE CODE under the terms of this Order,

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the party making the designation is certifying to the Court that there is a good faith

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basis in law and in fact for the designation within the meaning of Federal Rule of

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Civil Procedure 26(g).

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3.

Documents shall be designated CONFIDENTIAL or ATTORNEYS'

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EYES ONLY by stamping each page of the document produced to a party that

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contains confidential material with the legend "CONFIDENTIAL,"

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"ATTORNEYS' EYES ONLY" or "HIGHLY CONFIDENTIAL – SOURCE

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CODE." To the extent that a document designated CONFIDENTIAL or

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ATTORNEYS' EYES ONLY is produced natively pursuant to paragraph 10, the

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natively- produced document shall rename the file to include the confidentiality

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[PROPOSED] STIPULATED PROTECTIVE
ORDER

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designation and/or the Designating Party shall provide an alternative method of

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indicating the confidentiality designation of natively-produced documents. Parties

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must designate as confidential or highly confidential only those portions of a

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document that they in good faith believe deserves that protection.

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4.

Documents designated as "HIGHLY CONFIDENTIAL – SOURCE

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CODE" shall be subject to additional protections given the particularly sensitive

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nature of the information, unless otherwise advised by the Producing Party:

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a. Any source code that is produced in this case shall be made available

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for inspection in electronic (e.g., native) format at an office of the

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Producing Party's counsel. Source code includes, but is not limited to,

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files in programming languages such as C, C++, and C#. Source code

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further includes include files, make files, link files, algorithms, and

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other human-readable files used in the generation of building of

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software or firmware.

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b. Once source code has been made available for inspection, the

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Receiving Party shall provide notice of its inspection five business

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days prior to the inspection. The notice shall include the expected

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dates of the inspection as well as who will be conducting the

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inspection. The source code shall be available for inspection from

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8:00 a.m. to 6:00 p.m. local time, Monday through Friday, and other

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days and/or times, including weekends, upon reasonable request. The

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Producing Party may maintain a daily log of the names of persons

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who enter the room to view the source code. The Producing Party may

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require that each individual for the Receiving Party, upon each entry

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or exit of the source code viewing room by that individual, sign a log,

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provided by the Producing Party, indicating the name of that

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individual, whether the individual entered or exited the source code

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[PROPOSED] STIPULATED PROTECTIVE
ORDER

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viewing room, and the date and time of such entry or exit. The

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Receiving Party may not take any form of camera, computer with a

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camera, computer storage device, smartphone, WiFi enabled or WiFi

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hotspot device into the source code viewing room. Any computer

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(without a camera) taken in to the source code review room shall have

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its WiFi capability disabled for the entire time the computer is

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resident in the review room. The Producing Party shall be entitled to

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have a person monitor all entrances and exits from the source code

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viewing room. The Producing Party shall also be entitled to visually

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monitor the Receiving Party's activities in the source code viewing

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room from outside such room, through a glass wall or window, so

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long as the Producing Party cannot hear the Receiving Party or see the

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contents of the Receiving Party's notes or the display of the source

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code computer.

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c. Source code that is designated "HIGHLY CONFIDENTIAL –

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SOURCE CODE" shall be produced for inspection and review subject

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to the following provisions, unless otherwise agreed by the Producing

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Party:

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i.

All source code shall be made available by the Producing

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Party to the Receiving Party's outside counsel and/or experts

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in a secure room on a secured computer without Internet

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access or network access to other computers and with all

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input/output ports (such as USB) blocked, as necessary and

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appropriate to prevent and protect against any unauthorized

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copying, transmission, removal or other transfer of any source

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code outside or away from the computer on which the source

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code is provided for inspection (the "Source Code

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[PROPOSED] STIPULATED PROTECTIVE
ORDER

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Computer"). The Producing Party shall install tools that are

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sufficient for viewing and searching the code produced, on

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the platform produced, that are presently used in the ordinary

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course of the Producing Party's business. By way of example,

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sufficient tools for software source code (e.g., source code in

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C++, Java, etc.) shall include Notepad++, Eclipse, DOxygen,

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GREP or similar tools. Production of electronic source code

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with only Windows standard tools (e.g., Windows search,

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Notepad and WordPad) will not be sufficient unless a

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declaration from a knowledgeable engineer is produced that

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confirms that the Windows standard tools are the only tools

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used by the Producing Party to review, edit and search source

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code in the ordinary course of the Producing Party's business.

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In addition to these tools, the Receiving Party's outside

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counsel and/or experts may request that commercially

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available software tools reasonably necessary to assist in

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reviewing and searching the electronic source code be

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installed on the secured computer. The Receiving Party must

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provide the Producing Party with the CD or DVD containing

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such licensed software tool(s) at least ten (10) days in

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advance of the date upon which the Receiving Party wishes to

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have the additional software tools available for use on the

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Source Code Computer. The Producing Party may decline to

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install any requested inspection software if the software

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represents any unreasonable risk of compromising security of

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the source code or the Source Code Computer, or the software

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could be used for any other illegitimate purpose in

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[PROPOSED] STIPULATED PROTECTIVE
ORDER

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contravention of the Protective Order. For emphasis, it

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should be noted that the tools for reviewing source code may

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not be used to circumvent the protections of this Protective

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Order in any way.

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ii.

The electronic source code shall be produced as it is kept in

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the normal course of business. The Receiving Party's outside

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counsel and/or experts shall be entitled to take notes relating

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to the source code; but may not copy large portions of the

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source code into the notes. No copies of all or any portion of

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the source code may leave the room in which the source

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code is inspected except as otherwise provided in this

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Protective Order. Further, no other written or electronic

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record of the source code is permitted except as otherwise

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provided in this Protective Order.

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iii. The Producing Party shall make available a laser printer with

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commercially reasonable printing speeds for on-site printing

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during inspection of the source code. The Receiving Party

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may print portions of the source code when reasonably

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necessary to facilitate the Receiving Party's furtherance of its

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claims and defenses in this case. The Receiving Party shall

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print only such portions as are relevant to the claims and

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defenses in the case and are reasonably necessary for such

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purpose. The Receiving Party shall not request printing of

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source code in order to review blocks of source code

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elsewhere in the first instance, i.e., as an alternative to

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reviewing that source code electronically on the Source code

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computer. Upon printing any such portions of source code,

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[PROPOSED] STIPULATED PROTECTIVE
ORDER

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the printed pages shall be collected by the Producing Party.

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The Producing Party shall Bates number, copy, and label

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"HIGHLY CONFIDENTIAL – SOURCE CODE" any pages

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printed by the Receiving Party. No additional copies of the

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source code may be made, except as provided in paragraph

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4(c)(vi), and the Receiving Party may not make any electronic

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copies of the source code and may not electronically transmit

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the source code in any way. If the Producing Party objects that

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the printed portions are excessive and/or not reasonably

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necessary to any case preparation activity, the Producing

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Party shall make such objection known to the Receiving Party

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within five (5) business days. If, after meeting and

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conferring, the Producing Party and the Receiving Party

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cannot resolve the objection, the Producing Party shall seek a

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Court resolution of whether the printed Source Code Material

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in question is narrowly tailored and reasonably necessary to

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any case preparation activity as provided herein, as governed

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by Local Rules 37-1 and 37-2, including the Joint Stipulation

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requirement, subject to the following expedited schedule.

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The Producing Party shall deliver to the Receiving Party its

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portion of the Joint Stipulation and related papers, as

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described in Local Rule 37-2.1, within five (5) business days

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of the completion of the meet and confer process. Within five

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(5) business days of receipt, the Receiving Party shall return

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its portion of the required Joint Stipulation and related papers,

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as described in Local Rule 37-2.1, to the Producing Party.

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The Producing Party must use its power to object reasonably

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[PROPOSED] STIPULATED PROTECTIVE
ORDER

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and may not, for example, make an objection simply to

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introduce delay or attempt to discover privileged information.

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In the absence of any objection, or upon resolution of any

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such dispute by the Court, the Producing Party shall provide

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via overnight mail one copy set of such pages to the

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Receiving Party within five (5) business days of the printouts

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being made unless the Court orders otherwise. The printed

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pages shall constitute part of the source code produced by the

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Producing Party in this action. Except as provided in this

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Protective Order, no electronic copies of the electronic source

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code shall be made.

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iv. Unless otherwise agreed in advance by the Parties in writing,

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the Receiving Party's outside counsel and/or experts shall

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remove all notes, documents, laptops, and all other materials

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from the room that may contain work product and/or attorney-

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client privileged information at the end of each day.

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Materials inadvertently left in the source code review room

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do not operate as a waiver of the attorney work product

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doctrine or any other applicable privilege and shall be

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returned to the owner promptly. The Producing Party shall

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not be responsible for any items left in the source code

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review room.

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v.

Other than as provided herein, the Receiving Party will not

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copy, remove, or otherwise transfer any source code from the

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Source Code Computer including, without limitation,

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copying, removing, or transferring the source code onto any

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other computers or peripheral equipment. The Receiving

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[PROPOSED] STIPULATED PROTECTIVE
ORDER

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Party will not electronically transmit any source code in any

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way from the Producing Party's facilities or the offices of its

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outside counsel of record. This provision does not prevent

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the Parties from including source code information in e-

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filings to the Court made under seal.

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vi. The Receiving Party's outside counsel for record may make

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no more than three (3) additional paper copies of any portions

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of the source code received from a Producing Party pursuant

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to paragraph 4(c)(iii), not including copies attached to court

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filing or used at deposition. The Receiving Party may not

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make any electronic copies of the source code and may not

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electronically transmit any source code in any way, except as

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required by the Court and/or any applicable Orders or rules.

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The Receiving Party's outside counsel of record shall

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maintain a log of all paper copies of the source code that are

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delivered by the Receiving Party to any qualified person

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under Paragraph 8. The log shall include the names of the

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reviewers and/or recipients of paper copies and locations

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where the paper copies are stored.

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vii. The Receiving Party's outside counsel of record and any

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person receiving a copy of any source code shall maintain and

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store any paper copies of the source code at their offices in a

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manner that prevents duplication of or unauthorized access to

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the source code, including, without limitation, storing the

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source code in a locked room or cabinet at all times when it is

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not in use.

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viii. All paper copies of source code shall be securely destroyed in

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[PROPOSED] STIPULATED PROTECTIVE
ORDER

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a timely manner if they are no longer in use (e.g., at the

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conclusion of a deposition). Copies of source code that are

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marked as deposition exhibits shall not be provided to the

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Court Reporter or attached to deposition transcripts; rather,

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the deposition record will identify the exhibit by its

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production numbers. If the deposition exhibit has been

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marked up or altered in any way by the deponent, the

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Receiving Party shall store the exhibit in the same way paper

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copies of the source code are stored.

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ix. Except as provided in this sub-paragraph, absent express

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written permission from the Producing Party, the Receiving

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Party may not create electronic images, or any other images,

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or make electronic copies, of the source code from any paper

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copy of source code for use in any manner (including by way

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of example only, the Receiving Party may not scan the source

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code to a PDF or photograph the code). A party may make

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and use snippets and images of the source code if necessary

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for court filings, expert reports, discovery responses and other

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similar documents. All such documents shall be clearly

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marked "HIGHLY CONFIDENTIAL – SOURCE CODE"

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and, if filed, shall be filed under seal if the Court so allows

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pursuant to Local Rule 79-5. Unless agreed by the Parties,

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images or copies of source code shall not be included in

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correspondence between the Parties (references to production

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numbers shall be used instead).

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x.

After final resolution of the case as to any party producing
source code, any Receiving Parties shall within sixty (60)

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[PROPOSED] STIPULATED PROTECTIVE
ORDER

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business days certify the return or destruction of any printed

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or duplicated source code material and all notes or other

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materials derived therefrom.

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5. Testimony taken at a deposition may be designated as CONFIDENTIAL,

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ATTORNEYS' EYES ONLY, or HIGHLY CONFIDENTIAL – SOURCE CODE

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by making a statement to that effect on the record at the deposition. Arrangements

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shall be made with the court reporter taking and transcribing such deposition to

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separately bind such portions of the transcript containing information designated

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under this Order, and to label such portions appropriately. Any party (or third

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party having disclosed such Confidential Information) may also designate

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information disclosed at such deposition as "CONFIDENTIAL," "ATTORNEYS'

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EYES ONLY," or "HIGHLY CONFIDENTIAL – SOURCE CODE" by notifying

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all of the Parties of the designation in writing within thirty (30) days of receipt of

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the final transcript. Each party shall attach a copy of such written notice or notices

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to the face of the transcript and each copy thereof in his possession, custody, or

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control. All deposition transcripts shall be treated as "ATTORNEYS' EYES

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ONLY" for a period of thirty (30) days after the receipt of the transcript.

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6.

Material designated as CONFIDENTIAL, ATTORNEYS' EYES

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ONLY or HIGHLY CONFIDENTIAL – SOURCE CODE under this Order, the

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information contained therein, and any summaries, copies, abstracts, or other

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documents derived in whole or in part from material designated as

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CONFIDENTIAL, ATTORNEYS' EYES ONLY or HIGHLY CONFIDENTIAL –

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SOURCE CODE (hereinafter "Designated Material") shall be used only for the

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purpose of the prosecution, defense, or settlement of this action, and for no other

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purpose.

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7.

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Designated Material marked as Confidential may be disclosed or made

available only to the Court, to outside counsel for a party (including paralegal,

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[PROPOSED] STIPULATED PROTECTIVE
ORDER

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clerical, and other support personnel employed by such counsel as well as litigation

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support services (such as personnel providing e-discovery, graphics, or jury or trial

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consulting support)), and to the "qualified persons" designated below:
(a)

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a party, or an officer, director, or employee of a party deemed

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necessary by outside counsel to aid in the prosecution, defense,

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or settlement of this action;
(b)

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experts or consultants (together with their clerical staff) retained

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by such counsel to assist in the prosecution, defense, or

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settlement of this action but only beginning 5 business days

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after the identity of such expert or consultant has been disclosed

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(including all information required by Federal Rule of Civil

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Procedure 26(a)(2)(iv)-(v) and a statement indicating any past

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or present relationships to the Parties) without objection from

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the Producing Party, or, in the event of objection, after Court

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order permitting the disclosure. In the event of an objection,

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the Parties shall adhere to the dispute resolution procedure in

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paragraph 12 below;

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(c)

court reporter(s) employed in this action;

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(d)

the Court; and

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(e)

any other person as to whom the Parties in writing agree.

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8.

Designated Material marked as ATTORNEYS' EYES ONLY or

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HIGHLY CONFIDENTIAL – SOURCE CODE may be disclosed to the people

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identified in Paragraph 7, except for the people identified in Paragraph 7(a).

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9.

Prior to receiving any Designated Material, each "qualified person"

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shall be provided with a copy of this Order and shall execute a nondisclosure

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agreement in the form of Attachment A, a copy of which shall be retained by

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outside counsel for the disclosing party.

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[PROPOSED] STIPULATED PROTECTIVE
ORDER

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10. Unless otherwise agreed, a Producing Party must produce discovery

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materials in imaged electronic files (e.g., TIFF or .tif format) with a delimited load-

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file that identifies page-document relationships. If it is possible to generate by the

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Producing Party without additional expense, a Producing Party must also provide a

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delimited load file that identifies the Bates numbers, extracted full text, attachment

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relationships, and confidentiality designation. Excel and other files that are

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difficult to produce in imaged format may be requested to be produced in native

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format.

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11. Only qualified persons may attend depositions at which Designated

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Material is used or discussed. To the extent that materials or information

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designated CONFIDENTIAL, ATTORNEYS' EYES ONLY, or HIGHLY

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CONFIDENTIAL –SOURCE CODE are used in depositions or at discovery-

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related hearings, such documents or information shall remain subject to the

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provisions of this Order, along with the transcript pages of the deposition

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testimony referring to the Protected Matters or information contained therein.

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Procedures for the use of confidential materials at trial or in pretrial proceedings

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shall be determined by the presiding district judge. This order governs only

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discovery-related proceedings.

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12. If after meeting and conferring, the Parties are unable to agree on experts

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or consultants disclosed pursuant to paragraph 7(b) or to modifications to the Source

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Code provisions in this Order, then the party objecting to the expert or consultant, or

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requesting modifications to the Source Code provisions shall seek a Court resolution

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of the Parties' dispute, as governed by Local Rules 37-1 and 37-2, including the

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Joint Stipulation requirement, subject to the following expedited schedule. The

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moving party shall deliver to the opposing party its portion of the Joint Stipulation

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and related papers, as described in Local Rule 37-2.1, within five (5) business days

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of the completion of the meet and confer process. Within five (5) business days of

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[PROPOSED] STIPULATED PROTECTIVE
ORDER

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receipt, the opposing party shall return its portion of the required Joint Stipulation

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and related papers, as described in Local Rule 37-2.1, to the moving party. The

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moving party must use its power to object or seek modifications reasonably and

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may not, for example, make an objection or seek modifications simply to introduce

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delay or attempt to discover privileged information. Any modification of this

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Order will not have the force and effect of a Court order unless approved by the

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Court.

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13. Each individual who reviews and/or learns of a Defendant's technicalrelated information designated ATTORNEYS' EYES ONLY or HIGHLY

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CONFIDENTIAL – SOURCE CODE shall thereafter be prohibited from being

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directly involved in any Prosecution Activity (defined below) relating to U.S.

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Patent No. 6,757,717, any patent related to U.S. Patent No. 6,757,717, and/or any

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patent relating to the subject matter of U.S. Patent No. 6,757,717. This bar shall

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apply from the date commencing with such disclosure through a period of one year

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after termination of this litigation. Prosecution Activity includes (1) preparing

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and/or prosecuting any patent application (or portion thereof), whether design or

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utility, and either in the United States or abroad on behalf of a patentee or assignee

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of patentee's rights; (2) preparing patent claim(s) on behalf of a patentee or

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assignee of patentee's rights; or (3) providing advice, counsel or suggestions

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regarding amending the claims of U.S. Patent No. 6,757,717 in any post-grant

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proceeding (including inter partes review proceeding), or in any other way

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influencing, claim scope and/or language, embodiment(s) for claim coverage,

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claim(s) for prosecution, or products or processes for coverage by claim(s) on

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behalf of a patentee or assignee of patentee's rights.

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Nothing in this paragraph shall prevent such individuals from participating

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in reexamination, or reissue, or inter parties review proceeding for U.S. Patent

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No. 6,757,717 (to the extent the individual is not involved in claim drafting,

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[PROPOSED] STIPULATED PROTECTIVE
ORDER

1

amending or editing) and sending non-confidential prior art to any person under a

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duty of candor involved in patent prosecution for purposes of ensuring that such

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prior art is submitted to the U.S. Patent and Trademark Office (or any similar

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agency of a foreign government) to assist a patent applicant in complying with its

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duty of candor. Individuals are further not prohibited from discussing any aspect

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of this case that is reasonably necessary for the prosecution or defense of any claim

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or counterclaim in this litigation with his/her client.

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14. If timely corrected, an inadvertent failure to designate qualified
information or items as CONFIDENTIAL, ATTORNEYS' EYES ONLY or

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HIGHLY CONFIDENTIAL – SOURCE CODE does not, standing alone, waive

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the Designating Party's right to secure protection under this Order for such

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material. If material is appropriately designated as CONFIDENTIAL,

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ATTORNEYS' EYES ONLY or HIGHLY CONFIDENTIAL – SOURCE CODE

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after the material was initially produced, the Receiving Party, on timely

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notification of the designation, must make reasonable efforts to ensure that the

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material is treated in accordance with the provisions of this Order.

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15. Nothing herein shall impose any restrictions on the use or disclosure by

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a party of material obtained by such party independent of discovery in this action,

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whether or not such material is also obtained through discovery in this action, or

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from disclosing its own Designated Material as it deems appropriate, or to restrict a

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party's use of its own Designated Material.

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16. A non-party producing information or material voluntarily or pursuant

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to a subpoena or a court order may designate such material or information as

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Designated Materials pursuant to the terms of this Protective Order.

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17. If any party or person that has obtained any Protected Matters under the

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terms of this Order receives a subpoena, order, or other legal process commanding

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the production of such Protected Matters (a "Third Party Request"), such person

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[PROPOSED] STIPULATED PROTECTIVE
ORDER

1

shall not produce any Protected Matters in response to the Third Party Request

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without the prior written consent of the Producing Party or an order of a court of

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competent jurisdiction, except as otherwise provided by this paragraph. A party

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receiving a Third Party Request shall promptly notify the Producing Party of such

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Third Party Request, in writing (by email or fax, if possible). If possible, such

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notification shall be as soon after Protected Matters are identified as responsive to

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the Third Party Request as possible. Such notification must include a copy of the

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subpoena or court order. The Receiving Party also must also promptly inform in

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writing the third party who sent the Third Party Request that some or all the

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material covered by the Third Party Request is the subject of this Order and

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include a copy of this Order. The purpose of imposing these duties is to alert the

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interested parties to the existence of this Order and to afford the Producing Party in

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this action an opportunity to protect its confidentiality interests in the court from

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which the Third Party Request issued. The Producing Party shall bear the burdens

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and the expenses of seeking protection of its confidential material in the court

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governing the Third Party Request and/or legal proceeding underlying the Third

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Party Request. Nothing in these provisions should be construed as requiring a

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Receiving Party in this action to disobey a lawful directive from another court.

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18. If Designated Material, including any portion of a deposition transcript

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designated as CONFIDENTIAL, ATTORNEYS' EYES ONLY or HIGHLY

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CONFIDNETIAL – SOURCE CODE, is included in any papers to be filed with

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the Court, such papers shall be accompanied by an application under Local Rule

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79-5 to (a) file the confidential portions thereof under seal (if such portions are

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segregable), or (b) file the papers in their entirety under seal (if the confidential

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portions are not segregable). The application shall be directed to the judge to

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whom the papers are directed. Pending the ruling on the application, the papers or

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portions thereof subject to the sealing application shall be lodged under seal.

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[PROPOSED] STIPULATED PROTECTIVE
ORDER

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19. This Order shall be without prejudice to the right of the Parties (i) to

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bring before the Court at any time the question of whether any particular document

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or information is confidential or whether its use should be restricted or (ii) to

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present a motion to the Court under Fed. R. Civ. P. 26(c) for a separate protective

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order as to any particular document or information, including restrictions differing

6

from those as specified herein. This Order shall not be deemed to prejudice the

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Parties in any way in any future application for modification of this Order,

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notwithstanding that any modification of this Order will not have the force and

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effect of a Court order unless approved by the Court.

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20. This Order is entered solely for the purpose of facilitating the exchange

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of documents and information between the Parties to this action without involving

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the Court unnecessarily in the process. Nothing in this Order nor the production of

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any information or document under the terms of this Order nor any proceedings

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pursuant to this Order shall be deemed to have the effect of an admission or waiver

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by either party or of altering the confidentiality or nonconfidentiality of any such

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document or information or altering any existing obligation of any party or the

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absence thereof.

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21.

Nothing in this Order shall be construed as altering the scope of a

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common interest privilege and/or joint defense privilege and/or other privileges to

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the extent such privileges exist under the law. This Order shall be binding upon the

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parties and their attorneys, successors, executors, personal representatives,

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administrators, heirs, legal representatives, assigns, subsidiaries, divisions,

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employees, agents, independent contractors, or other persons or organizations over

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which they have control.

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22. This Order shall survive the final termination of this action, to the

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extent that the information contained in Designated Material is not or does not

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become known to the public, and the Court shall retain jurisdiction to resolve any

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[PROPOSED] STIPULATED PROTECTIVE
ORDER

1

dispute concerning the use of information disclosed hereunder. Upon termination

2

of this case, counsel for the Parties shall assemble and return to each other all

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documents, material and deposition transcripts designated as CONFIDENTIAL,

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ATTORNEYS' EYES ONLY or HIGHLY CONFIDENTIAL – SOURCE CODE

5

and all copies of same, or shall certify the destruction thereof.

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Dated: December 21, 2016

Respectfully submitted,
RUSS AUGUST & KABAT

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By:

/s/ Andrew D. Weiss
Andrew D. Weiss

Marc A. Fenster, State Bar No. 181067
Andrew D. Weiss, State Bar No. 232974
Neil A. Rubin, SBN 250761
12424 Wilshire Boulevard, 12th Floor
Los Angeles, California 90025
Tel: [phone]
Fax: [phone]
Email: [e-mail]
Email: [e-mail]
Email: [e-mail]
Attorneys for Plaintiff
Proxyconn, Inc.

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By: /s/ Salumeh R. Loesch (by permission)
Salumeh R. Loesch

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Scott E. Davis, CA Bar No. 211349
[e-mail]
Salumeh R. Loesch (Pro Hac Vice)
[e-mail]
John D. Vandenberg (pro hac vice)
[e-mail]
Jennifer L. Keller, CA Bar No. 84412

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[PROPOSED] STIPULATED PROTECTIVE
ORDER

[e-mail]
Yen-Shyang Tseng, CA Bar No. 282349
[e-mail]

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Counsel for Defendants
Microsoft Corporation, HP Inc., Dell Inc.,
and Acer America Corporation

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: January 5, 2017

______________________________
Honorable Jean P. Rosenbluth
Magistrate Judge
Central District of California

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[PROPOSED] STIPULATED PROTECTIVE
ORDER

1

Attachment A

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Nondisclosure Agreement

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I,

4

terms of the Protective Order Concerning Confidential Information entered in

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Proxyconn, Inc. v. Microsoft Corporation, et al., Case No. 8:16-CV-01102-DOC-

6

JPR, and hereby agree to comply with and be bound by the terms and conditions of

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said Order unless and until modified by further Order of the Court. I hereby

8

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

9

agreement.

, do solemnly swear that I am fully familiar with the

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DATED:

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___________________________________

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[PROPOSED] STIPULATED PROTECTIVE
ORDER