Overture Services, Inc. v. Google Inc.

Filing 45

Joint MOTION for Protective Order Stipulated Supplemental Re Outside Counsel Only Source Code filed by Google Inc.. (Attachments: # 1 Proposed Order)(Kwun, Michael)

Overture Services, Inc. v. Google Inc.

Doc. 45 Att. 1

Case 3:02-cv-01991-JSW

Document 45-2

Filed 01/08/2003

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BRINKS HOFER GILSON & LIONE JACK C. BERENZWEIG (Admitted Pro Hac Vice) WILLIAM H. FRANKEL (Admitted Pro Hac Vice) JASON C. WHITE (Admitted Pro Hac Vice) CHARLES M. MCMAHON (Admitted Pro Hac Vice) NBC Tower - Suite 3600 455 North Cityfront Plaza Drive Chicago, Illinois 60611 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff OVERTURE SERVICES, INC. KEKER & VAN NEST, LLP JOHN W. KEKER - #49092 JON B. STREETER - #101970 DARALYN J. DURIE - #169825 MICHAEL S. KWUN - #198945 710 Sansome Street San Francisco, CA 94111-1704 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant GOOGLE INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

OVERTURE SERVICES, INC., a Delaware corporation, Plaintiff, v. GOOGLE INC., a California corporation, Defendant.

Case No. C 02-01991 CRB ADR [PROPOSED] SUPPLEMENTAL PROTECTIVE ORDER RE OUTSIDE COUNSEL ONLY SOURCE CODE Judge: Hon. Charles R. Breyer

304373.01

[PROPOSED] SUPPLEMENTAL PROTECTIVE ORDER RE OUTSIDE COUNSEL ONLY SOURCE CODE CASE NO. C 02-01991 CRB ADR Dockets.Justia.com

Case 3:02-cv-01991-JSW

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WHEREAS the parties on December 13, 2002 stipulated to a protective order governing the disclosure of confidential information, the Honorable Charles R. Breyer signed that order on December 16, 2002, and the order was filed on December 18, 2002 (hereinafter, the "Stipulated Protective Order"); WHEREAS Paragraph 4(e) of the Stipulated Protective Order states that, pending further discussion regarding further restrictions applicable to source code, the parties need not produce source code that would otherwise be designated Outside Counsel Only; and WHEREAS the parties have met and conferred regarding further restrictions applicable to source code, and have stipulated to the following further restrictions; GOOD CAUSE APPEARING, IT IS HEREBY ORDERED BY THE COURT as follows: 1. As used herein, the terms "Outside Counsel Only," "Outside Counsel Only

information," "Producing Party," and "Receiving Party" have the same meaning as they do in the Stipulated Protective Order. 2. Computer source code properly designated Outside Counsel Only is referred to

herein as Outside Counsel Only Source Code. All Outside Counsel Only Source Code, as well as all excerpts, extracts, abstracts, charts, summaries, and notes made from Outside Counsel Only Source Code, shall be Outside Counsel Only Source Code information as well as Outside Counsel Only information. 3. In addition to the restrictions set forth in the Stipulated Protective Order, the

following restrictions shall apply to the disclosure of any Outside Counsel Only Source Code information: (a) Any Outside Counsel Only Source Code shall be produced in text file

format (or another format agreed to by the Receiving Party) on a CD or other readily computeraccessible media (the "Source Code Media"). (b) (c) The Receiving Party will not make any copies of the Source Code Media. The Receiving Party may use the Source Code Media to install the source

code on a single, password-protected, non-networked computer at the offices of the Receiving 1

304373.01

[PROPOSED] SUPPLEMENTAL PROTECTIVE ORDER RE OUTSIDE COUNSEL ONLY SOURCE CODE CASE NO. C 02-01991 CRB ADR

Case 3:02-cv-01991-JSW

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Party's outside counsel. (d) The Receiving Party may use the Source Code Media to install the source

code on a single, password-protected, non-networked computer at the offices of one independent expert or independent consultant that it has designated pursuant to Paragraph 4(a)(i) of the Stipulated Protective Order. (e) Except when it is being used for the purposes of installing the Outside

Counsel Only Source Code on computers, as allowed by subparagraphs (c) and (d), above, the Receiving Party shall maintain the Source Code Media in a secure location at the offices of its outside counsel. 4. No Outside Counsel Only Source Code information shall be revealed or disclosed,

in whole or in part, directly or indirectly, to any individual described in Paragraphs 4(a) or 4(b) of the Stipulated Protective Order, with the exception of outside counsel and the personnel of outside counsel as set forth in Paragraph 4(a) of the Stipulated Protective Order, or to any individual who is otherwise authorized to receive or view such information pursuant to Paragraph 5 of the Stipulated Protective Order, unless and until that individual (a) is entitled, under the terms of the Stipulated Protective Order, to review Outside Counsel Only information; (b) has been given a copy of this Order; and (c) has duly completed and signed an undertaking in the form attached hereto as Exhibit A ("Source Code Undertaking"). Any and all such signed Source Code Undertakings shall be retained in duplicate by outside counsel of record for the Receiving Party. 5. In addition, prior to revealing or disclosing, in whole or in part, directly or

indirectly, any Outside Counsel Only Source Code information to any persons designated as independent expert witnesses or independent consultants pursuant to Paragraph 4(a)(i) of the Stipulated Protective Order, the disclosing party shall send to the other party by facsimile and first class mail a copy of the Source Code Undertaking executed by the independent expert witness or independent consultant. 6. The restrictions in this Order are not intended to preclude the Receiving Party

from using reasonable excerpts of Outside Counsel Only Source Code in depositions exhibits, 2

304373.01

[PROPOSED] SUPPLEMENTAL PROTECTIVE ORDER RE OUTSIDE COUNSEL ONLY SOURCE CODE CASE NO. C 02-01991 CRB ADR

Case 3:02-cv-01991-JSW

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trial exhibits, expert reports, and other documents for purposes of this action, subject to all of the restrictions set forth in the Stipulated Protective Order that are applicable to Outside Counsel Only information. However, the parties shall make best efforts to limit the number and size of excerpts of Outside Counsel Only Source Code so used. IT IS SO ORDERED. Dated:

By: __________________________________ THE HON. CHARLES R. BREYER UNITED STATES DISTRICT JUDGE SO STIPULATED. Dated: January 8, 2003 BRINKS HOFER GILSON & LIONE

By: __________________________________ CHARLES M. MCMAHON Attorneys for Plaintiff OVERTURE SERVICES, INC. Dated: January 8, 2003 KEKER & VAN NEST, LLP

By:

_________________________________ MICHAEL S. KWUN Attorneys for Defendant GOOGLE INC.

I hereby attest that concurrence in the filing of this document has been obtained from Charles M. McMahon. Dated: January 8, 2003 KEKER & VAN NEST, LLP

By:

_________________________________ MICHAEL S. KWUN Attorneys for Defendant GOOGLE INC.

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304373.01

[PROPOSED] SUPPLEMENTAL PROTECTIVE ORDER RE OUTSIDE COUNSEL ONLY SOURCE CODE CASE NO. C 02-01991 CRB ADR

Case 3:02-cv-01991-JSW

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EXHIBIT A UNDERTAKING I have carefully read and understand the attached Supplemental Protective Order

re Outside Counsel Only Source Code (the "Source Code Protective Order"), which has been entered by the United States District Court for the Northern District of California in an action captioned Overture Services, Inc., v. Google Inc., Case No. C 02-01991 CRB ADR. The initially capitalized terms in this Undertaking shall have the meanings supplied in the Source Code Protective Order. 2. Pursuant to the Source Code Protective Order, I may be given access to Outside

Counsel Only Source Code information in the above-referenced action. As a condition of access to that Outside Counsel Only Source Code information, and in consideration of that access; (a) I agree that I shall be bound by and comply with all the terms of the Source Code Protective Order, including those limiting disclosure and use of the Outside Counsel Only Source Code information, and (b) I submit to the jurisdiction of the United States District Court for the Northern District of California for the enforcement of the Source Code Protective Order. 3. By reason of this Undertaking, the obligations imposed on me by the Source Code

Protective Order shall be enforceable by the Producing Party to redress any breach of the Source Code Protective Order or this Undertaking. 4. I have executed this Undertaking in duplicate on ________________________

whereupon it becomes binding in accordance with its terms. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed this _______day of _______, 200_ in ______________________.

_____________________________________

304373.01

[PROPOSED] SUPPLEMENTAL PROTECTIVE ORDER RE OUTSIDE COUNSEL ONLY SOURCE CODE CASE NO. C 02-01991 CRB ADR