Richtek Technology Corporation et al v. uPI Semiconductor Corporation et al

Filing 372

ORDER GRANTING STIPULATION by Hon. William Alsup granting 367 Motion for Protective Order.(whalc1, COURT STAFF) (Filed on 3/20/2013)

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DARIN W. SNYDER (SB #136003)
[e-mail]
MICHAEL SAPOZNIKOW (SB #242640)
[e-mail]
O’MELVENY & MYERS LLP
Two Embarcadero Center, 28th Floor
San Francisco, CA 94111
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Third Parties
ADVANCED MICRO DEVICES, INC.,
XFX TECHNOLOGY, INC., and
BEST DATA PRODUCTS, INC. D/B/A
DIAMOND MULTIMEDIA

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RICHTEK TECHNOLOGY CORPORATION,
et al.,

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Plaintiffs,
v.
uPI SEMICONDUCTOR CORPORATION,
et al.,

Case No. C09-05659 WHA
CORRECTED UNOPPOSED MOTION
FOR ENTRY OF PROTECTIVE ORDER
REGARDING CONFIDENTIAL
MATERIALS OF THIRD PARTIES
ADVANCED MICRO DEVICES, INC.,
XFX TECHNOLOGY, INC., AND BEST
DATA PRODUCTS, INC. D/B/A
DIAMOND MULTIMEDIA

Defendants.

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CORRECTED PROTECTIVE ORDER
RE: AMD, XFX, AND DIAMOND
NO. C09-05659 WHA

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WHEREAS, third parties Advanced Micro Devices, Inc. (“AMD”), XFX Technology, Inc.

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(“XFX”), and Best Data Products, Inc. d/b/a Diamond Multimedia (“Diamond”) disclosed

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materials designated Confidential Business Information (“CBI”) to Plaintiff Richtek Technology

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Corp. (“Richtek”) and Defendant uPI Semiconductor Corporation (“uPI”) in the International

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Trade Commission (“ITC”) investigation and enforcement proceedings designated In the Matter of

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Certain DC-DC Controllers And Products Containing The Same, Investigation No. 337-TA-698

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(the “ITC Proceedings”), and

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WHEREAS, the CBI materials were designated by AMD, XFX, and Diamond pursuant to
protective orders issued by the ITC, and

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WHEREAS, pursuant to the protective orders issued in the ITC, and contingent on (i) entry

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of this Protective Order and (ii) the application of the Stipulated Protective Order (Docket 119)

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and the Order Approving Stipulated Protective Order Subject To Stated Conditions (Docket 130)

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to their CBI materials, AMD, Diamond, and XFX have agreed to grant consent to uPI and Richtek

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to use in this Action materials designated CBI by AMD, Diamond, and XFX in the ITC Actions,

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and

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WHEREAS, AMD, XFX, and Diamond jointly request that the Court enter this Protective
Order, and Richtek and uPI do not oppose this motion:

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IT IS HEREBY ORDERED that any Party in this Action intending to file with the Court

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(whether under seal or not) or disclose or discuss at any Court hearing (whether at trial or

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otherwise) materials designated CBI in the ITC proceedings by AMD, Diamond, and XFX must

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give advance notice of ten (10) business days to the third party that designated the CBI materials

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through the undersigned counsel for AMD, Diamond, and XFX. If the third party that designated

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the CBI materials in the ITC provides a written objection to the Party in this Action that seeks to

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use the CBI materials within five (5) business days after receiving notice, and if the dispute cannot

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be resolved after reasonable efforts to meet and confer, the third party that designated the CBI

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materials in the ITC may file a motion to prevent the use of the CBI materials. Until such a

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motion is resolved, the CBI materials that are the subject of the objection shall not be filed with

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the Court, or disclosed, or discussed at any Court hearing in this Action.
CORRECTED PROTECTIVE ORDER
RE: AMD, XFX, AND DIAMOND
NO. C09-05659 WHA

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Nothing in this Protective Order affects the admissibility (or not) in this Action of any
materials disclosed in the ITC proceedings.

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PURSUANT TO UNOPPOSED MOTION, IT IS SO ORDERED.

March 18, 2013.
DATED: ____________________
Honorable William Alsup
United States District Judge

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DATED: February 28, 2013

DARIN W. SNYDER
MICHAEL SAPOZNIKOW
O’MELVENY & MYERS LLP

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/s/ Michael Sapoznikow
Michael Sapoznikow
Attorneys for Third Parties
ADVANCED MICRO DEVICES, INC.,
XFX TECHNOLOGY, INC., and
BEST DATA PRODUCTS, INC. D/B/A
DIAMOND MULTIMEDIA

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CORRECTED PROTECTIVE ORDER
RE: AMD, XFX, AND DIAMOND
NO. C09-05659 WHA