In re Ricoh Company Ltd. Patent Litigation

Filing 674

STIPULATED PROTECTIVE ORDER AS AMENDED BY THE COURT re 673 Stipulated Protective Order. Signed by Magistrate Judge Howard R. Lloyd on 2/10/10. (hrllc1, COURT STAFF) (Filed on 2/10/2010) Modified text on 2/11/2010 (cv, COURT STAFF).

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Case 5:03-cv-02289-JW 1 2 3 4 5 6 7 8 9 10 11 12 SYNOPSYS, INC., 13 Document 100 Filed 03/24/2004 Page 1 of 13 ** E-filed February 10, 2010 ** UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SA N FRANCISCO DIVISION Plaintiff, 14 vs. 15 RICOH COMPANY, LTD., 16 Defendant. 17 18 ) ) CASE NO. C03-02289-MJJ(HRL) JW (EMC) ) ) STIPULATED PROTECTIVE ORDER ) AS AMENDED BY THE COURT ) ) ) ) ) 1. All Confidential Information produced or exchanged in the course of this litigation shall 19 be used solely for the purpose of preparation and trial of this litigation and for no other purpose 20 whatso21 er, and shall not be disclosed to any person except in accordance with the terms hereof. ev 22 2. "Confidential Information," as used herein, means any information of any type, kind or charact23 that is designated as "Confidential" by any of the supplying or receiving parties, whether it be er 24 a document, information contained in a document, information revealed during a deposition, inform2t5on revealed in an interrogatory answer or otherwise. In designating information as ai 26 "Confidential," a party will make such designation only as to that information that it in good faith 27 believes contains "Confidential Information." 28 3. (a) "Confidential Information" includes, but is not limited to, (i) proprietary technical 1 [PROPOSED] STIPULATED PROTECTIVE ORDER CASE NO. C03-2289 JW (HRL) MJJ (EMC) Case 5:03-cv-02289-JW 1 Document 100 Filed 03/24/2004 Page 2 of 13 2 information and specifications, (ii) trade secrets (iii) confidential know-how, and (iv) proprietary 3 business and financial information and any other non-public information, the disclosure of which is 4 likely to5 have the effect of causing significant competitive harm to the disclosing party or party from which the information was obtained. Nothing in this paragraph shall be construed to limit the 6 descripti7 n of "Confidential Information" set forth in paragraph 2. o 8 9 10 (b) Nothing shall be regarded as "Confidential Information" if it is information that: (i) is in the public domain at the time of disclosure, as evidenced by a written document; (ii) becomes part of the public domain through no fault of the other party, as evidenced 11 by a written document; 12 (iii) was in the receiving party's rightful and lawful possession at the time of disclosure, 13 as evidenced by a written document; or 14 (iv) is lawfully received by the receiving party from a third party at a later date without 15 restriction as to disclosure, provided such third party has the right to make the disclosure to the 16 receiving party. 17 4. "Qualified Persons," as used herein means: 18 19 20 (a) To the Court and its officers and staff, including court reporters; (b) Outside attorneys of record for the parties in this litigation and employees of such attorne2s to whom it is necessary that the material be shown for purposes of this litigation; y1 22 (c) Outside experts, consultants, advisors or investigators (collectively referred to hereaft2r as "experts") who have signed an undertaking pursuant to paragraph 5 but only after e3 compli2nce with the provisions of paragraph 5 below; a4 25 (d) To non-party support services including, but not limited to, court reporters, outside 26 copy services, document imaging and database services, design services who have signed confidentiality 27 agreements, jury consultants who have signed confidentiality agreements, mock jurors who have signed 28 confidentiality agreements, and language translators who have signed confidentiality agreements 2 [PROPOSED] STIPULATED PROTECTIVE ORDER CASE NO. C03-2289 JW (HRL) MJJ (EMC) Case 5:03-cv-02289-JW 1 Document 100 Filed 03/24/2004 Page 3 of 13 2 (including support staff) as may be reasonably necessary in connection with the preparation or conduct 3 of this action; 4 (e) Anyone to whom the parties consent in writing; and 5 6 (f) If this Court so elects, any other person may be designated as a Qualified Person by order of7 Court, after notice and opportunity to be heard to all parties. this 8 5. Prior to the disclosure of any "Confidential Information" to any expert under Paragraph 9 4(c), counsel for the Party seeking to make the disclosure shall: (i) deliver a copy of this Protective 10 Order as entered to such person, explain its terms to such person, and secure the signature of such person11 a written undertaking in the form attached hereto as Exhibit A, and (ii) transmit by facsimile on 12 and mail to counsel for the other Parties a copy of the signed Exhibit A, accompanied by a curriculum 13 vitae, at least ten (10) calendar days before any "Confidential Information" designated under this 14 Protective Order is to be disclosed to the signator. The curriculum vitae should identify the general 15 area(s) of expertise of the expert, provide a brief job history, specify all employment, expert or 16 consulting engagements by the expert within the past five (5) years, and state all present or prior 17 relationships between the expert and any entity directly or indirectly involved in this litigation or 18 providi19 an indemnity to any such entity, its subsidiaries or its affiliates. Any Party may object to the ng propos2d disclosure to an expert within the ten (10) calendar day period following the transmittal of e0 Exhibit A and the curriculum vitae, by stating specifically in writing the reasons why the Party believes 21 22 such expert should not receive designated "Confidential Information." If during that ten (10) calendar 23 day period a Party makes such a written objection, there shall be no disclosure of "Confidential Inform24on" to the expert absent mutual agreement of the Parties, waiver of the objection as stated ati 25 below, or further order of the Court. After a Party objects to the proposed disclosure to an expert, the 26 objecting Party shall move, by noticed motion or by ex parte application, for an order that disclosure not 27 be made to such expert within five (5) business days following the date that the objection is made, or the 28 Party's objection shall be deemed waived and disclosure may be made to the expert. The burden shall 3 [PROPOSED] STIPULATED PROTECTIVE ORDER CASE NO. C03-2289 JW (HRL) MJJ (EMC) Case 5:03-cv-02289-JW 1 Document 100 Filed 03/24/2004 Page 4 of 13 2 be on the objecting Party to establish why the disclosure should not be made. Each Party shall maintain 3 a file of all such signed copies of Exhibit A. However, it shall not be necessary for administrative, 4 secretari5l or clerical personnel working for such Qualified Person to sign a written undertaking. a 6 6. (a) Documents produced in this action may be designated by any party or parties as "Confidential" by marking each page of the document(s) with the designation "Confidential." 7 8 (b) In lieu of marking the original of a document, if the original is not produced, the designat9ng party may mark the copies that are produced or exchanged. Originals shall be preserved for i inspect1on. i0 11 (c) If the document is not in paper form, the producing person or entity shall use other 12 such reasonable means as necessary to identify clearly the document or information as "Confidential." 13 7. Discovery responses or other litigation materials may be designated by any party or 14 parties as "Confidential" by marking each page of the response with the designation "Confidential." 15 8. The designation of information disclosed during a deposition as "Confidential" shall be 16 made either by a statement on the record at the deposition or within twenty (20) calendar days after 17 receipt by counsel of a copy of the deposition transcript. Such designation will be applied to only those 18 portions9 the deposition transcript that include a specific question and response or series of questions 1 of and responses containing "Confidential Information." The deposition transcript shall be printed in 20 consec2tive pages (whether or not some pages are designated as "Confidential") with a marking on the u1 2 the cover of2 deposition transcript indicating the "Confidential" designation contained therein. Unless 2l previous3y designated otherwise, all deposition transcripts shall be treated as "Confidential" in their 2 prior to the end of the twenty (20) calendar day period following receipt by counsel of a copy of entirety 4 25 the deposition transcript. 26 9. "Confidential Information" shall not be disclosed or made available by the receiving 27 party to persons other than Qualified Persons except that nothing herein is intended to prevent 28 individuals who are in-house counsel or a member of the professional legal department of the Parties 4 [PROPOSED] STIPULATED PROTECTIVE ORDER CASE NO. C03-2289 JW (HRL) MJJ (EMC) Case 5:03-cv-02289-JW 1 Document 100 Filed 03/24/2004 Page 5 of 13 2 from having access to pleadings, briefs and exhibits or declarations filed with the Court and expert 3 reports, including exhibits that are designated as "Confidential." 4 (a) Documents to be inspected shall be treated as "Confidential" although such 5 10. documents need not be marked as "Confidential" prior to inspection. At the time of copying for the 6 receiving parties, any documents containing "Confidential Information" shall be stamped prominently 7 "Confidential" by the producing party. 8 9 (b) Nothing herein shall prevent disclosure beyond the terms of this Order if each party 1 in designat0 g the information as "Confidential" consents to such disclosure or if the Court, after notice to 11 all effected parties, orders such disclosures. Nothing herein shall prevent any counsel of record from 12 utilizing "Confidential Information" in the examination or cross- examination of any person who is 13 indicated on the document as being an author, source or recipient of the "Confidential Information," 14 irrespective of which party produced such information. Nothing herein shall prevent any counsel of 15 record from utilizing "Confidential Information" in the examination or cross-examination of any person 16 who is a current or former officer, director or employee of the party so designating the information as 17 "Confidential" or of the party that produced the information or of a related entity. 18 19 11. If a party inadvertently discloses any document or thing containing information that it deems 20 confidential without designating it as "Confidential," the disclosing party shall promptly upon discover1 of such inadvertent disclosure inform the receiving party in writing, and the receiving party 2y and all22 Qualified Persons possessing such information shall thereafter treat the information as "Confi2ential" under this Order. To the extent such information may have been disclosed to persons d3 24 other than Qualified Persons described in this document, the receiving party shall make every 25 reasonable effort to retrieve the information promptly from such persons and to avoid any further 26 disclosure to and by such persons. 27 12. A party shall not be obligated to challenge the propriety of a designation as 28 "Confidential" at the time made, and a failure to do so shall not preclude a subsequent challenge thereto. 5 [PROPOSED] STIPULATED PROTECTIVE ORDER CASE NO. C03-2289 JW (HRL) MJJ (EMC) Case 5:03-cv-02289-JW 1 Document 100 Filed 03/24/2004 Page 6 of 13 2 Nor will the failure to object be construed as an admission that any particular "Confidential 3 Information" contains or reflects currently valuable trade secrets or confidential commercial 4 informat5on. In the event that any party to this litigation disagrees at any stage of these proceedings i with the6 designation by the designating party of any information as "Confidential," or the designation of any person as a Qualified Person, the parties shall first try to resolve such dispute in good faith on an 7 informal basis, such as production of redacted copies. If the parties are unsuccessful in informally 8 9 resolving any disputes regarding the designation of any document or information as "Confidential," the 10 Court shall resolve all such disputes. It shall be the burden of the party making any designation to 1 establish1that the information so designated is "Confidential" within the meaning of this Protective 12 Order. The "Confidential Information" that is the subject of the dispute shall be treated as originally 13 designated pending resolution of the dispute. 14 13. The parties may, by written stipulation filed and approved by the Court, amend this 15 Order, and any party may seek an order of this Court modifying this Protective Order. The parties agree 16 to meet and confer prior to seeking to modify this Protective Order. In addition, the Court may modify 17 this Protective Order in the interest of justice or otherwise at the Court's discretion. 18 19 14. In the event a party wishes to use any "Confidential Information" in any affidavits, briefs, memoranda of law, or other papers filed with the Court in this litigation, such "Confidential 20 Inform2tion" used therein shall be filed under seal with the Court. In addition to placing documents in a a1 sealed 22 envelope with instructions that the document is filed pursuant to the Stipulated Protective Order 2 the and that3 envelope is not to be opened absent further order of the Court, the envelope should be 4 labeled2to identify the title of the case, the case number, and the title of the document. 25 15. The Clerk of this Court is directed to maintain under seal all documents and transcripts of 26 deposition testimony and answers to interrogatories, admissions and other pleadings filed under seal 27 with the Court in this litigation that have been designated, in whole or in part, as "Confidential" by a 28 party to this action. 6 [PROPOSED] STIPULATED PROTECTIVE ORDER JW (EMC) CASE NO. C03-2289 MJJ (HRL) Case 5:03-cv-02289-JW 1 Document 100 Filed 03/24/2004 Page 7 of 13 16. If a Party intends to offer into evidence or otherwise disclose in open court any 3 "Confidential Information" designated by another person or entity, counsel for such Party shall notify 4 the designating person or entity that the Party intends to disclose "Confidential Information" in open 5 court prior to the disclosure, so that the designating person or entity may confer with the Court 6 concerning appropriate procedures for protecting its "Confidential Information." 7 8 17. In the event any person or party that has possession, custody, or control of any 2 9 information designated as "Confidential" pursuant to the terms of this Protective Order receives a 1a subpoen0 or other process or order to produce such information, such person or party shall notify by 11 mail within five (5) business days of the Party's receipt of the request, the counsel for the party or 12 persons claiming confidential treatment of the documents sought by such subpoenas or other process or 13 order, shall furnish such counsel with a copy of said subpoena or other process or order, and shall 14 cooperate with respect to any procedure sought to be pursued by the party whose interests may be 15 affected. The party asserting the "Confidential" treatment shall have the burden of defending against 16 such subpoena, process or order. The person or party receiving the subpoena or process or order shall 17 be entitled to comply with it except: (a) to the extent the party asserting the "Confidential" treatment is 18 successf9l in obtaining an order modifying or quashing it; and (b) in complying with the process or 1u order shall, at a minimum, seek to obtain "Confidential" treatment of the "Confidential Information" 20 before 21 producing it in the other proceeding or action. 22 18. If the discovery process calls for the production of information that a Party or Non-Party 2 does not3wish to produce because the Party or Non-Party believes its disclosure would breach an 2n agreeme4 t with another person or entity to maintain such information in confidence, the disclosing Party 25 or Non-Party promptly shall give written notice to the other person or entity that its information is 26 subject to discovery in this litigation, and shall provide such person or entity with a copy of this 27 Protective Order. When such written notice is given to the person or entity, the disclosing Party or Non28 Party will advise the potential receiving Party that such notice has been given. The person or entity 7 [PROPOSED] STIPULATED PROTECTIVE ORDER CASE NO. C03-2289 JW (HRL) MJJ (EMC) Case 5:03-cv-02289-JW 1 Document 100 Filed 03/24/2004 Page 8 of 13 2 whose information may be subject to discovery shall have ten (10) business days from receipt of the 3 written notice in which to seek relief from the Court, if the person or entity so desires. If the ten (10) 4 business5days elapse without the person or entity seeking relief from the Court, the requested information shall be produced in accordance with the terms of this Protective Order. 6 7 19. In the event that additional persons or entities become Parties, none of such Parties' counsel,8 experts or consultants retained to assist said counsel, shall have access to "Confidential 9 Information" produced by or obtained from any other producing person or entity until said Party has 10 executed and filed with the Court its agreement to be fully bound by this Protective Order. 11 20. This Protective Order shall apply to the parties and any non-party from whom discovery 12 may be sought and who desires protection for the discovery sought. Thus, any non- party requested or 13 required to produce or disclose information in this proceeding, through subpoena or otherwise, may 14 designate such information pursuant to the terms of this Protective Order. 15 21. (a) Nothing herein requires disclosure of information, documents or things which the 16 disclosing entity contends is protected from disclosure by the attorney-client privilege or the work17 product exception. Nothing herein shall preclude any party from moving this Court for an order 18 directing the disclosure of such information, documents or things. 19 20 (b) In the event that any privileged attorney-client or work product documents or things are inadvertently produced for inspection and/or provided, the disclosing party shall identify such 21 docum2nts or things within five (5) days of when it discovers that the privileged materials were e2 inadve2t3ntly produced for inspection and/or provided, and either (1) copies shall not be provided, or (2) re 2 if copies4have already been provided, all copies in the receiving party's possession shall be promptly 25 returned (and not relied upon) by the receiving party. Nothing in this paragraph shall prevent the 26 receiving party from contending that the identified materials are not privileged, that the material was not 27 inadvertently produced, or that privilege was waived for reasons other than mere inadvertent production 28 of the material. 8 [PROPOSED] STIPULATED PROTECTIVE ORDER CASE NO. C03-2289 JW (HRL) MJJ (EMC) Case 5:03-cv-02289-JW 1 Document 100 Filed 03/24/2004 Page 9 of 13 22. Within ninety (90) days after conclusion of this litigation and any and all appeals thereof, 3 any document and all reproductions of "Confidential" documents produced by a party that are in the 4 possessi5n of any Qualified Person shall be returned to the producing party or, with the consent of the o producing party, destroyed. If destroyed, counsel for the receiving party shall certify to counsel for the 6 producing party compliance with this paragraph within fourteen (14) calendar days of such destruction. 7 Outside 8 counsel for each party may maintain in its files one copy of all material produced as well as all material9 filed with or otherwise presented to the Court, deposition and trial transcripts, and work s produc10 t (regardless of whether such materials contain or refer to "Confidential" materials). If counsel retains 11 materials, the materials which contain Confidential Information shall be accessible only by such 12 Qualified Persons defined in paragraph 4(b) above. As far as the provisions of any protective orders 13 entered in this action restrict the communication and use of the documents produced thereunder, such 14 orders shall continue to be binding after the conclusion of this litigation including any subsequent 15 appeals or later proceedings, except that (a) there shall be no restriction on documents that are used as 16 exhibits in Court unless such exhibits were filed under seal, and (b) a party may seek the written 17 permission of the producing party or order of the Court with respect to dissolution or modification of 18 such protective orders. The Court shall retain jurisdiction to enforce the performance of said obligations. 19 20 223. 1 (a) At the election of the Producing Party, a Receiving Party's access to a Producing Party's22 discoverable source code may be limited to inspection of the code at a secured facility provided by the Producing Party. Such inspection may be conducted only by persons identified in advance by the 23 Receiv24 Party on a list of "Qualified Inspecting Personnel" which may include: ing 25 26 27 28 (1) (2) the Receiving Party's Outside Counsel of record in this action; and up to three Experts (as defined in this Order) of the Receiving Party to 2 whom disclosure is reasonably necessary for this litigation and who have signed the "Agreement to Be Bound by Protective Order (Exhibit A) and who have been approved pursuant to the "Procedures for Approving Disclosure of 'CONFIDENTIAL' information 9 [PROPOSED] STIPULATED PROTECTIVE ORDER CASE NO. C03-2289 JW (HRL) MJJ (EMC) Case 5:03-cv-02289-JW 1 Document 100 Filed 03/24/2004 Page 10 of 13 of Items to 'Experts"' as set forth in paragraph 5. 3 (b) The following provisions relate to Synopsys' provision of access to the Source Code for versions of its commercial products: 4 (1) Synopsys will make available a closed room at its facility in Bethesda, 5 Maryland for use by Ricoh's Qualified Inspecting Personnel. The room will be set aside 6 for the exclusive use of Ricoh's Qualified Inspecting Personnel and will not be used by 7 Synopsys or any other party when Ricoh's Qualified Inspecting Personnel are not present. 8 The room will be available for a minimum of twelve weeks. After twelve weeks, and 9 after consultation with Ricoh, Synopsys may close the facility pursuant to the procedures 10 described in paragraph 4 below. If the facility is closed, Synopsys agrees to make the 11 source code available for inspection under similar procedures at another date prior to the 12 close of expert discovery. 13 (2) Synopsys will equip the closed room with a private phone if a phone jack is already available in the room, a stand-alone, non-networked, computer and high-speed 14 printer. The computer will be loaded with copies of the source code to be produced and utilities required to review the code. The source code shall include the code which is 15 used by Synopsys and no notes, comments, or any segments shall be removed before being made available. The computer will be equipped with the text editors available in a 16 standard Unix distribution, suitable for use in editing the source code. Synopsys will assist Ricoh in loading software that Ricoh may require for analysis of the source code. 17 The computer shall also be loaded with a complete distribution of the Synopsys software that is fully operable and executable. 18 (3) Ricoh may print copies of a reasonable subset of the source code for the 19 Synopsys products at issue. Any printing done at the secure facility will be done 20 exclusively on paper supplied by Synopsys. Synopsys may elect to place preprinted 21 confidential designations on the margins of the paper. Ricoh's Qualified Inspecting 22 Personnel are not to bring blank paper into the closed room except for the purpose of 23 making handwritten notes. Synopsys will initially supply Ricoh with 5,000 pages of 24 paper for use with the printer. This figure is based on the estimate that 5,000 pages 25 should be sufficient to print approximately 5% of the source code for Design Compiler. If 26 at any time, Ricoh believes that additional printing and paper is required, Ricoh may 27 submit additional requests for paper to Synopsys with a general statement of the basis of 28 the request. Synopsys will respond within one week to any such request. If the parties 10 [PROPOSED] STIPULATED PROTECTIVE ORDER CASE NO. C03-2289 JW (HRL) MJJ (EMC) 2 Case 5:03-cv-02289-JW 1 2 3 4 5 6 7 8 9 10 11 12 Document 100 Filed 03/24/2004 Page 11 of 13 are unable to come to agreement after conferral, the matter may be presented to the Court. In evaluating requests for paper, the relevant standard to be applied is that Ricoh should be allowed to print hardcopies of a reasonable subset of the Synopsys source code and that what is reasonable shall be evaluated in light of relevance of the code to Ricoh's allegations and Synopsys' interest in preventing release in hardcopy of more than a fraction of its source code. (4) Ricoh will be permitted to send individuals from the list of Qualified Inspecting Personnel to participate in and/or witness the closing of the secured facility. Before closing of the facility, Ricoh's representatives may provide a list of procedures that they wish to perform to ensure that any electronic record of their use of the machine has been erased. 13 (c) The Receiving Party will provide the Producing Party with a copy of its list of "Qualified Inspecting Personnel" no later than 5 business days before any person on the list attempts to access 14 secured facility. The Receiving Party may revise the list to add or remove individuals, the provided that no more than a total of three Experts are ever provided with access to the source code during 15 entire course of the litigation absent an agreement by the parties or a Court Order to expand the this number. 16 (d) Any notes taken or any other information created by Outside Counsel or the experts of the Receiving Party at or based on any inspection of the source code shall be treated as 17 "CONFIDENTIAL" under this Protective Order. 18 24. This Order shall not bar any attorney herein in the course of rendering advice to his client 19 with respect to this litigation from conveying to any party client his evaluation in a general way of 20 "Confidential Information" produced or exchanged herein; provided, however, that in rendering such 21 advice and otherwise communicating with his client, the attorney shall not disclose the specific contents 22 of any `Confidential Information" produced by another party herein, which disclosure would be contrary 23 to the terms of this Protective Order. 24 25. The Court shall retain jurisdiction to enforce the terms of this order for six (6) months 25 after the final termination of this action. 26 HOWREY SIMON ARNOLD & WHITE, LLP Dated: March 23, 2004 27 28 /s/ Christopher L. Kelley Teresa M. Corbin, Esq. 11 [PROPOSED] STIPULATED PROTECTIVE ORDER CASE NO. C03-2289 JW (HRL) MJJ (EMC) Case 5:03-cv-02289-JW 1 2 3 4 5 6 7 Dated: March 23, 2004 8 9 10 11 12 13 14 Document 100 Filed 03/24/2004 Page 12 of 13 Christopher Kelley, Esq. Erik K. Moller, Esq. Attorneys for Plaintiff SYNOPSYS, INC. 301 Ravenswood Avenue Menlo Park, CA 94025 Telephone: (650) 463-8100 Facsimile: (650) 463-8400 DICKSTEIN SHAPIRO MORIN & OSHINSKY, LLP /s/ Kenneth W. Brothers Kenneth W. Brothers, Esq. (pro hac vice) Attorneys for Defendant RICOH COMPANY, LTD. 2101 L Street NW Washington, DC 20037 Telephone: (202) 785-9700 Facsimile: (202) 887-0689 ORDER 15 SO ORDERED this 24th day of March, 2004. 16 17 18 19 10 20SO ORDERED this ___th day of February, 2010. 21 22 23 24 25 26 27 28 _______________________________ Hon. Judge James Ware Howard R. Lloyd UNITED STATES DISTRICT JUDGE MAGISTRATE /s/ Magistrate Judge Edward M. Chen 12 [PROPOSED] STIPULATED PROTECTIVE ORDER JW (HRL) CASE NO. C03-2289 MJJ (EMC) Case 5:03-cv-02289-JW 1 2 3 4 5 6 7 SYNOPSYS, INC., 8 9 1vs. 0 RICOH1 1 COMPANY, LTD., 12 13 Defendant. Plaintiff, Document 100 Filed 03/24/2004 Page 13 of 13 EXHIBIT A UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ) JW (EMC) ) CASE NO. C03-2289-MJJ(HRL) ) ) ) ) ) ) ) ) UNDERTAKING 14 My name is __________________. I hereby acknowledge that I have been provided with a 15 copy of, have read, and am fully familiar with, the terms of the Stipulated Protective Order entered in this action on_______________, 2010 I agree to be bound by, and to comply fully with, the terms of 2004. 16 the Stipulated Protective Order. I agree not to disclose or disseminate any "Confidential Information," as defined by the Stipulated Protective Order, except as permitted therein. 17 18hereby submit myself to the jurisdiction of the United States District Court for the Northern I District of California, San Francisco Division in connection with the enforcement of the Stipulated San Jose 19 Protective Order. 20 Pursuant to 28 U.S.C. § 1746, I declare under penalty of perjury under the laws of the United 21 States of America that the foregoing is true and correct. Executed on ________________, 2010. 2004. 22 23 24 25 26 27 28 ________________________________________ 1 [PROPOSED] STIPULATED PROTECTIVE ORDER CASE NO. C03-2289 MJJ (HRL) JW (EMC)

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