Glaukos Corporation v. Ivantis, Inc.

Filing 36

STIPULATION AND PROTECTIVE ORDER by Magistrate Judge John D. Early re Stipulation for Protective Order 35 . (see order for details) (hr)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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GLAUKOS CORPORATION, a
Delaware Corporation,
Plaintiff,

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Civil Action No. 8:18-cv-00620-JVS (JDEx)
STIPULATION AND PROTECTIVE
ORDER

v.
IVANTIS, INC., a Delaware
Corporation,

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Defendant.

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1.

PURPOSES AND LIMITATIONS
Discovery in this action is likely to involve production of confidential,

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proprietary or private information for which special protection from public

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disclosure and from use for any purpose other than pursuing this litigation may

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be warranted. Accordingly, the parties hereby stipulate to and petition the Court

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to enter the following Stipulated Protective Order. The parties acknowledge that

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this Order does not confer blanket protections on all disclosures or responses to

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discovery and that the protection it affords from public disclosure and use

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extends only to the limited information or items that are entitled to confidential

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treatment under the applicable legal principles.

STIPULATION AND PROTECTIVE ORDER

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2.

GOOD CAUSE STATEMENT
This action is likely to involve trade secrets, customer and pricing lists,

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clinical information, business plans, and other valuable research, development,

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commercial, financial, technical and/or proprietary information for which

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special protection from disclosure and restrictions on use is warranted. Such

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confidential and proprietary materials and information consist of, among other

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things, confidential business or financial information, information regarding

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

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commercial information (including information implicating privacy rights of

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third parties), information otherwise generally unavailable to the public, or which

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may be privileged or otherwise protected from disclosure under state or federal

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statutes, court rules, case decisions, or common law. Accordingly, to expedite the

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

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confidentiality of discovery materials, to adequately protect information the

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parties are entitled to keep confidential, to ensure that the parties are permitted

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reasonably necessary uses of such material in preparation for and in the conduct

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of trial, to address their handling at the end of the litigation, and serve the ends of

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justice, a protective order for such information is justified in this matter. It is the

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intent of the parties that information will not be designated as confidential for

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tactical reasons and that nothing be so designated without a good faith belief that

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it has been maintained in a confidential, non-public manner, and there is good

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cause why it should not be part of the public record of this case.

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3.

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ACKNOWLEDGMENT OF UNDER SEAL FILING PROCEDURE
The parties further acknowledge, as set forth in Section 14.3, below, that

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this Stipulated Protective Order does not entitle them to file confidential

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

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

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from the court to file material under seal. There is a strong presumption that the
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STIPULATION AND PROTECTIVE ORDER

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public has a right of access to judicial proceedings and records in civil cases. In

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connection with non-dispositive motions, good cause must be shown to support a

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filing under seal. See Kamakana v. City and County of Honolulu, 447 F.3d 1172,

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1176 (9th Cir. 2006), Phillips v. Gen. Motors Corp., 307 F.3d 1206, 1210-11 (9th

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Cir. 2002), Makar-Welbon v. Sony Electrics, Inc., 187 F.R.D. 576, 577 (E.D.

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Wis. 1999) (even stipulated protective orders require good cause showing), and a

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specific showing of good cause or compelling reasons with proper evidentiary

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support and legal justification, must be made with respect to Protected Material

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that a party seeks to file under seal. The parties’ mere designation of Disclosure

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or Discovery Material as CONFIDENTIAL or HIGHLY CONFIDENTIAL

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does not— without the submission of competent evidence by declaration,

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

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

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Further, if a party requests sealing related to a dispositive motion or trial,

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then compelling reasons, not only good cause, for the sealing must be shown, and

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the relief sought shall be narrowly tailored to serve the specific interest to be

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protected. See Pintos v. Pacific Creditors Ass’n., 605 F.3d 665, 677-79 (9th Cir.

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2010). For each item or type of information, document, or thing sought to be

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filed or introduced under seal, the party seeking protection must articulate

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compelling reasons, supported by specific facts and legal justification, for the

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requested sealing order. Again, competent evidence supporting the application to

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file documents under seal must be provided by declaration.

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Any document that is not confidential, privileged, or otherwise protectable

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

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

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

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

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STIPULATION AND PROTECTIVE ORDER

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

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redaction is not feasible.

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4.

DEFINITIONS
Action: Glaukos Corporation v. Ivantis, Inc., No. 8:18-cv-00620-JVS

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(JDEx) (C.D. Cal.).
Challenging Party: a Party or Non-Party that challenges the

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designation of information or items under this Order.
“CONFIDENTIAL” Information or Items: information (regardless

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of how it is generated, stored or maintained) or tangible things that qualify for

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protection under Federal Rule of Civil Procedure 26(c), and as specified above in

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the Good Cause Statement.
“HIGHLY CONFIDENTIAL” Information or Items: information

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(regardless of how it is generated, stored or maintained) or tangible things that

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qualify for protection under Federal Rule of Civil Procedure 26(c), and as

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specified above in the Good Cause Statement, for which the Producing Party

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reasonably believes that the information or items are (a) trade secrets; or (b)

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highly confidential, non-public, personal or proprietary business information, the

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disclosure of which would be especially detrimental or harmful to the producing

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party if disclosed beyond the limited class of permitted recipients delineated

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herein.

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Counsel: Outside Counsel of Record and House Counsel.

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

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

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“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL."

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Disclosure or Discovery Material: all items or information,

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regardless of the medium or manner in which it is generated, stored, or

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maintained (including, among other things, testimony, transcripts, and tangible

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things), that are produced or generated in disclosures or responses to discovery.
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STIPULATION AND PROTECTIVE ORDER

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Expert: a person with specialized knowledge or experience in a

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matter pertinent to the litigation who (1) has been retained by a Party or its

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counsel to serve as an expert witness or as a consultant in this Action, (2) is not a

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current employee of a Party or a Party’s competitor, and (3) at the time of

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retention, is not anticipated to become an employee of a Party or of a Party’s

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competitor.

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House Counsel: attorneys who are employees of a party to this

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Action, who work in the legal department of a party, and whose responsibilities

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including supervising this Action. Notwithstanding the above, the parties also

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agree that House Counsel will be deemed to include Steven McAuley, counsel

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for Ivantis, Inc.

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Non-Party: any natural person, partnership, corporation, association
or other legal entity not named as a Party to this action.
Outside Counsel of Record: attorneys who are not employees of a

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party to this Action but are retained to represent a party to this Action or any

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related proceedings, including the copending inter partes review proceedings

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before the U.S. Patent and Trademark Office (IPR2018-01147 and IPR2018-

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01180), and have appeared in this Action or a related proceeding on behalf of

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that party or are affiliated with a law firm that has appeared on behalf of that

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party, and includes support staff.

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

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

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their support staffs).

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Producing Party: a Party or Non-Party that produces Disclosure or
Discovery Material in this Action.
Professional Vendors: persons or entities that provide litigation
support services (e.g., photocopying, videotaping, translating, preparing exhibits

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STIPULATION AND PROTECTIVE ORDER

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

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medium) and their employees and subcontractors.
Protected Material: any Disclosure or Discovery Material that is

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designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL.”
Receiving Party: a Party that receives Disclosure or Discovery

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Material from a Producing Party.

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5.

SCOPE

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The protections conferred by this Stipulation and Order cover not only

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Protected Material (as defined above), but also (1) any information copied or

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extracted from Protected Material; (2) all copies, excerpts, summaries, or

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compilations of Protected Material; and (3) any testimony, conversations, or

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presentations by Parties or their Counsel that might reveal Protected Material.

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Any use of Protected Material at trial shall be governed by the orders of the

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trial judge and other applicable authorities. This Order does not govern the use of

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Protected Material at trial.

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6.

DURATION
Once a case proceeds to trial, information that was designated as

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CONFIDENTIAL or HIGHLY CONFIDENTIAL or maintained pursuant to

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this protective order used or introduced as an exhibit at trial becomes public and

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will be presumptively available to all members of the public, including the press,

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unless compelling reasons supported by specific factual findings to proceed

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otherwise are made to the trial judge in advance of use of such information at

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trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause” showing

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for sealing documents produced in discovery from “compelling reasons” standard

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

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7.

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DESIGNATING PROTECTED MATERIAL
Exercise of Restraint and Care in Designating Material for

Protection. Each Party or Non-Party that designates information or items for
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STIPULATION AND PROTECTIVE ORDER

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protection under this Order must take care to limit any such designation to

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specific material that qualifies under the appropriate standards. The Designating

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Party must, to the extent reasonably practicable, designate for protection only

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those parts of material, documents, items or oral or written communications that

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qualify so that other portions of the material, documents, items or

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communications for which protection is not warranted are not swept unjustifiably

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within the ambit of this Order.

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Mass, indiscriminate or routinized designations are prohibited.
Designations that are shown to be clearly unjustified or that have been made for

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an improper purpose (e.g., to unnecessarily encumber the case development

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process or to impose unnecessary expenses and burdens on other parties) may

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expose the Designating Party to sanctions.

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

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it designated for protection do not qualify for protection, that Designating Party

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must promptly notify all other Parties that it is withdrawing the inapplicable

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designation.

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Manner and Timing of Designations. Except as otherwise provided

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

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

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designated before the material is disclosed or produced.

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Designation in conformity with this Order requires:
(a)

for information in documentary form (e.g., paper or electronic

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documents, but excluding transcripts of depositions or other pretrial or trial

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proceedings), that the Producing Party affix at a minimum, the legend

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“CONFIDENTIAL” (hereinafter “CONFIDENTIAL legend”) or “HIGHLY

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CONFIDENTIAL” (hereinafter “HIGHLY CONFIDENTIAL legend”), to each

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page that contains protected material. For electronically stored information on

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which affixing the applicable legend to each page is not practical, the designator
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STIPULATION AND PROTECTIVE ORDER

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shall designate the electronic file with the applicable confidentiality designation

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“_CONF” or “_HIGH_CONF” appended to the file name. If only a portion of

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the material on a page qualifies for protection, the Producing Party also must, to

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the extent reasonably practicable, clearly identify the protected portion(s) (e.g., by

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making appropriate markings in the margins).

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

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inspection need not designate them for protection until after the inspecting Party

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has indicated which documents it would like copied and produced. During the

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inspection and before the designation, all of the material made available for

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inspection shall be deemed “HIGHLY CONFIDENTIAL.” After the inspecting

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Party has identified the documents it wants copied and produced, the Producing

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Party must determine which documents, or portions thereof, qualify for

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protection under this Order. Then, before producing the specified documents, the

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Producing Party must affix the “CONFIDENTIAL legend” or “HIGHLY

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CONFIDENTIAL legend” to each page that contains Protected Material. If only

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

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

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markings in the margins).

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(b)

for testimony given in depositions that the Designating Party

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identifies the Disclosure or Discovery Material on the record, before the close of

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the deposition all protected testimony.

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(c)

for information produced in some form other than

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

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

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information is stored the legend “CONFIDENTIAL” or “HIGHLY

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CONFIDENTIAL.” If only a portion or portions of the information warrants

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protection, the Producing Party, to the extent practicable, shall identify the

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protected portion(s).
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STIPULATION AND PROTECTIVE ORDER

Inadvertent Failures to Designate. If timely corrected, an inadvertent

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failure to designate qualified information or items does not, standing alone,

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

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material. Upon timely correction of a designation, the Receiving Party must

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make reasonable efforts to assure that the material is treated in accordance with

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the provisions of this Order.

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8.

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

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designation of confidentiality at any time that is consistent with the Court’s
Scheduling Order.
Meet and Confer. The Challenging Party shall initiate the dispute

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resolution process under Local Rule 37-1 et seq.
Joint Stipulation. Any challenge submitted to the Court shall be via a

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joint stipulation pursuant to Local Rule 37-2.

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The burden of persuasion in any such challenge proceeding shall be

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on the Designating Party. Frivolous challenges, and those made for an improper

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purpose (e.g., to harass or impose unnecessary expenses and burdens on other

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parties) may expose the Challenging Party to sanctions. Unless the Designating

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Party has waived or withdrawn the confidentiality designation, all parties shall

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continue to afford the material in question the level of protection to which it is

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entitled under the Producing Party’s designation until the Court rules on the

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challenge.

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9.

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ACCESS TO AND USE OF PROTECTED MATERIAL
Basic Principles. A Receiving Party may use Protected Material that

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is disclosed or produced by another Party or by a Non-Party in connection with

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this Action only for prosecuting, defending or attempting to settle this Action.

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Such Protected Material may be disclosed only to the categories of persons and

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under the conditions described in this Order. When the Action has been
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STIPULATION AND PROTECTIVE ORDER

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terminated, a Receiving Party must comply with the provisions of section 15

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below (FINAL DISPOSITION).

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Protected Material must be stored and maintained by a Receiving Party at

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a location and in a secure manner that ensures that access is limited to the

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persons authorized under this Order.
Disclosure of “CONFIDENTIAL” Information or Items. Unless

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

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a Receiving Party may disclose any information or item designated

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“CONFIDENTIAL” only to:
(a)

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the Receiving Party’s Outside Counsel of Record, as well as

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employees of said Outside Counsel of Record to whom it is reasonably necessary

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to disclose the information;

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(b)

up to two House Counsel of the Receiving Party to whom

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disclosure is reasonably necessary for this Action and who have signed the

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

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

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have complied with § 9.4 below, and their staff, assistants, or employees, to

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whom disclosure is reasonably necessary for this Action, who have signed the

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

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(d)

the court and its personnel;

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(e)

court reporters and their staff;

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(f)

professional jury or trial consultants, mock jurors, and

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Professional Vendors to whom disclosure is reasonably necessary for this Action

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and who have signed the “Acknowledgment and Agreement to Be Bound”

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(Exhibit A);

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(g)

the author or recipient of a document containing the

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information or a custodian or other person who otherwise is reasonably believed

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to have possessed or known the information;
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STIPULATION AND PROTECTIVE ORDER

(h)

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during their depositions, witnesses, and attorneys for

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witnesses, in the Action who are affiliated with the Disclosing Party. Pages of

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transcribed deposition testimony or exhibits to depositions that reveal Protected

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Material may be separately bound by the court reporter and may not be disclosed

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to anyone except as permitted under this Stipulated Protective Order; and
(i)

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any mediators or settlement officers and their supporting

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personnel, mutually agreed upon by any of the parties engaged in settlement

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discussions.

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Disclosure of “HIGHLY CONFIDENTIAL” Information or Items.

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Unless otherwise ordered by the court or permitted in writing by the Designating

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Party, a Receiving Party may disclose any information or item designated

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“HIGHLY CONFIDENTIAL” only to those individuals or parties identified in

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9.2(a) and 9.2(c)-(i).

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Disclosure of Protected Material to Experts. As a condition

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precedent for disclosure of CONFIDENTIAL or HIGHLY CONFIDENTIAL

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material from a Producing Party to any Expert in accordance with §§ 9.2 and 9.3,

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at least five (5) days prior to disclosure the Receiving Party shall identify the

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Expert by name, provide a curriculum vitae (“CV”) or equivalent resume

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disclosing the Expert’s employment history, past or present relationship with any

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of the parties, all consulting engagements in the past four years, and all cases in

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which the individual has testified in a deposition or trial in the past four years,

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and provide an executed copy of Exhibit A. If a Producing Party objects to the

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proposed disclosure to such Expert, the Producing Party must advise the

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Receiving Party promptly and provide the specific basis for the objection, and the

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parties shall promptly confer in good faith to resolve the concerns giving rise to

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the objection. If the parties are unable to reach agreement, the objecting party

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must apply to the Court for a protective order no later than fifteen (15) days after

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receipt of the executed copy of Exhibit A and CV or resume. In any such motion
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is initiated pursuant to Local Rule 37, the ten-day deadline of Local Rule 37-1

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shall be shortened to five days. For avoidance of doubt, no objection may be

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made solely on the basis that an expert has previously consulted for a competitor,

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participated in clinical studies regarding a competitor’s product, or used a

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competitor’s product. The burden shall be on the objecting party to demonstrate

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to the Court why such Expert should not be permitted to receive Protected

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Material. If an objection and motion for protective order are timely made and

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filed in accordance with this provision, Protected Material shall not be disclosed

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to the Expert pending the Court’s resolution of the dispute.

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10.

PROTECTED MATERIAL SUBPOENAED OR ORDERED

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PRODUCED IN OTHER LITIGATION

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If a Party is served with a subpoena or a court order issued in other

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litigation that compels disclosure of any information or items designated in this

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Action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL,” that Party

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must:

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(a)

promptly notify in writing the Designating Party. Such

notification shall include a copy of the subpoena or court order;
(b)

promptly notify in writing the party who caused the subpoena

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or order to issue in the other litigation that some or all of the material covered by

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

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include a copy of this Stipulated Protective Order; and

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(c)

cooperate with respect to all reasonable procedures sought to

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be pursued by the Designating Party whose Protected Material may be affected.

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

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subpoena or court order shall not produce any information designated in this

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action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” before a

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determination by the court from which the subpoena or order issued, unless the

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Party has obtained the Designating Party’s permission. The Designating Party
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shall bear the burden and expense of seeking protection in that court of its

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confidential material and nothing in these provisions should be construed as

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

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directive from another court.

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11.

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A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE
PRODUCED IN THIS LITIGATION
(a)

The terms of this Order are applicable to information produced

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by a Non-Party in this Action and designated as “CONFIDENTIAL” or

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“HIGHLY CONFIDENTIAL.” Such information produced by Non-Parties in

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connection with this litigation is protected by the remedies and relief provided by

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this Order. Nothing in these provisions should be construed as prohibiting a Non-

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Party from seeking additional protections.

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(b)

In the event that a Party is required, by a valid discovery

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request, to produce a Non-Party’s confidential information in its possession, and

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the Party is subject to an agreement with the Non-Party not to produce the Non-

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Party’s confidential information, then the Party shall:
(1)

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promptly notify in writing the Requesting Party and the

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Non-Party that some or all of the information requested is subject to a

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confidentiality agreement with a Non-Party;
(2)

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promptly provide the Non-Party with a copy of the

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Stipulated Protective Order in this Action, the relevant discovery request(s), and

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a reasonably specific description of the information requested; and
(3)

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make the information requested available for inspection

by the Non-Party, if requested.
(c)

If the Non-Party fails to initiate the Local Rule 37 procedure to

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seek a protective order from this court within 14 days of receiving the notice and

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accompanying information, the Receiving Party may produce the Non-Party’s

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confidential information responsive to the discovery request. If the Non-Party
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timely seeks a protective order, the Receiving Party shall not produce any

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information in its possession or control that is subject to the confidentiality

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agreement with the Non-Party before a determination by the court. Absent a

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court order to the contrary, the Non-Party shall bear the burden and expense of

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seeking protection in this court of its Protected Material.

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12.

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
If a Receiving Party learns that, by inadvertence or otherwise, it has

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

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

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

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

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

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

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“Acknowledgment an Agreement to Be Bound” attached hereto as Exhibit A.

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13.

PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED

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MATERIAL

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The production or disclosure of any information (including documents)

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that a Producing Party later claims should not have been produced due to a

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privilege or protection from discovery, including but not limited to any attorney-

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client privilege, work product privilege, joint defense privilege, or settlement

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privilege, shall not be deemed to waive any such privilege or protection. A party

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or non-party may request the return or destruction of such information, which

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request shall identify the information and the basis for requesting its return.

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When a Producing Party identifies such information as privileged or protected, a

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Receiving Party: 1) shall not use, and shall immediately cease any prior use of,

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such information; 2) shall take reasonable steps to retrieve the information from

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others to which the Receiving Party disclosed the information; 3) shall within five

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(5) business days of the Producing Party's request: a) return the information and
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all copies thereof to the Producing Party; or b) destroy and confirm to the

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Producing Party in writing that the information and all copies thereof have been

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destroyed. Within five days of satisfaction by the Receiving Party of conditions

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3(a) or 3(b), above, Producing Party provide a log identifying the information

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with sufficient detail for the Receiving Party or a Court to evaluate the claim of

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privilege. No one shall use the fact or circumstances of production of the

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information that the Producing Party later claims should not have been produced

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to argue that any privilege or protection has been waived. Within ten (10) days

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after a Producing Party or Receiving Party provides the log identifying the

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information, and not thereafter, the Receiving Party may request in writing

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production of the information on the basis that: (a) the information was never

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privileged or protected from disclosure; or (b) any applicable privilege or

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immunity has been waived by some act other than the production of the

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information in this action. The Producing Party and the Receiving Party shall

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meet and confer in accordance with applicable law or Court rules regarding a

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motion to compel, after which the Receiving Party may file a motion. Any such

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motion must be filed within 30 days of the Receiving Party’s written request for

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production described above. Notwithstanding this provision, no party shall be

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required to return or destroy any information that may exist on any disaster

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recovery backup system.

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14.

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

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

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

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

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

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

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

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Order.

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Filing Protected Material. A Party that seeks to file under seal any

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Protected Material must comply with Local Civil Rule 79-5. Protected Material

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may only be filed under seal pursuant to a court order authorizing the sealing of

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

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

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information in the public record unless otherwise instructed by the court.

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15.

FINAL DISPOSITION

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After the final disposition of this Action, as defined in paragraph 6, within

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60 days of a written request by the Designating Party, each Receiving Party must

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return all Protected Material to the Producing Party or destroy such material. As

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used in this subdivision, “all Protected Material” includes all copies, abstracts,

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compilations, summaries, and any other format reproducing or capturing any of

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the Protected Material. Whether the Protected Material is returned or destroyed,

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the Receiving Party must submit a written certification to the Producing Party

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(and, if not the same person or entity, to the Designating Party) by the 60-day

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deadline that (1) identifies (by category, where appropriate) all the Protected

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Material that was returned or destroyed and (2) affirms that the Receiving Party

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has not retained any copies, abstracts, compilations, summaries or any other

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format reproducing or capturing any of the Protected Material. Notwithstanding

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this provision, Counsel are entitled to retain an archival copy of all pleadings,

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motion papers, trial, deposition, and hearing transcripts, legal memoranda,

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correspondence, deposition and trial exhibits, expert reports, attorney work

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product, and consultant and expert work product, even if such materials contain

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Protected Material. Notwithstanding this provision, no party shall be required to

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return or destroy any Protected Material that may exist on any disaster recovery

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backup system. Any such archival copies that contain or constitute Protected
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STIPULATION AND PROTECTIVE ORDER

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Material remain subject to this Protective Order as set forth in Section 6

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(DURATION).

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16.

VIOLATION

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Any violation of this Order may be punished by appropriate measures

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

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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DATED: 7/26/2018

/s/ Lisa Glasser
LISA GLASSER
Attorneys for Plaintiff

DATED: 7/27/2018

/s/ John Nilsson
JOHN NILSSON
Attorneys for Defendant

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FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

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DATED: August 03, 2018

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JOHN D. EARLY
United States Magistrate Judge

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STIPULATION AND PROTECTIVE ORDER

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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GLAUKOS CORPORATION, a
Delaware Corporation,
Plaintiff,

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v.
IVANTIS, INC., a Delaware
Corporation,

Civil Action No. 8:18-cv-00620-JVS
(JDEx)
PROPOSED EXHIBIT A TO
STIPULATION AND
PROTECTIVE ORDER:
ACKNOWLEDGMENT AND
AGREEMENT TO BE BOUND

Defendant.

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I, _______________________________________, of

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_______________________________________ have reviewed and understand the

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provisions of the Stipulation and Protective Order entered Glaukos Corporation

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v. Ivantis, Inc., No. 8:18-cv-00620-JVS (JDEx) (C.D. Cal.) (the “Protective

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Order”). I will comply with all of the provisions of the Protective Order. I will

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hold in confidence, will not disclose to anyone not qualified under the Protective

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Order, and will use only for purposes of this Action any information designated

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under the Protective Order. Promptly upon termination of this Action, I will

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return all documents and things designated as under the Protective Order that

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came into my possession, and all documents and things that I have prepared
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EXHIBIT A TO STIPULATION AND PROTECTIVE ORDER:
ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

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relating thereto, to the outside counsel for the Party by whom I have been

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retained in connection with this Action. I hereby submit to the jurisdiction of

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this Court for the purpose of enforcement of the Protective Order in this Action.

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I state under penalty of perjury under the laws of the United States of

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America that the foregoing is true and correct.

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[Signature]
Executed on ________________________
[Printed Name]

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EXHIBIT A TO STIPULATION AND PROTECTIVE ORDER:
ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND