Quia Corporation v. Mattel, Inc. et al

Filing 80

STIPULATED PROTECTIVE ORDER re 79 (MODIFIED BY THE COURT). Signed by Magistrate Judge Howard R. Lloyd on 10/12/2010. (hrllc2, COURT STAFF) (Filed on 10/12/2010)

Quia Corporation v. Mattel, Inc. et al

Doc. 80

1 Bobby A. Ghajar (SBN 198719) [e-mail] 2 Peter E. Moll (Admitted pro hac vice) [e-mail] 3 HOWREY LLP 550 S. Hope Street, Suite 1100 4 Los Angeles, California 90071 Telephone: [phone] Facsimile: [phone] Attorneys for Defendants/Counterclaimants 6 Mattel, Inc. and Fisher-Price, Inc. 7 Robert L. Meylan (SBN 144031) 8 [e-mail] Shaunt T. Arevian (SBN 237698) 9 [e-mail] MURPHY ROSEN & MEYLAN LLP 10 100 Wilshire Boulevard, Suite 1300 Santa Monica, California 90401-1142 11 Telephone: [phone] Facsimile: [phone] 12 Steven M. Weinberg (SBN 235581) 13 [e-mail] COWAN, DEBAETS, ABRAHAMS & SHEPPARD LLP 14 30765 Pacific Coast Highway, Suite 411 Malibu, California 90265 15 Telephone: [phone] Facsimile: [phone] 16 Attorneys for Plaintiff/Counter-Defendant 17 18

*E-FILED 10-12-2010*

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA ) ) ) ) ) ) ) ) ) ) ) )

19 QUIA CORPORATION, a Delaware corporation, 20 21 22 vs. 23 MATTEL, INC., a Delaware corporation; and FISHER-PRICE, INC., a Delaware corporation, 24 25 26 27 28
HOWREY LLP

Case No: CV 10 1902 JF (HRL) =========== STIPULATED [PROPOSED] PROTECTIVE ORDER (MODIFIED BY THE COURT)

Plaintiff/Counter-Defendant,

Defendants/Counterclaimants.

Case No. CV 10-1902 JF (HRL) [PROPOSED] STIPULATED PROTECTIVE ORDER ========= DM_US:23235814_1

Dockets.Justia.com

1 2

1.

GOOD CAUSE STATEMENT

Disclosure and discovery activity in this action are likely to involve production of highly

3 sensitive financial, business, or proprietary information, or other confidential or private information, 4 that has not been disseminated to the public at large, which is not readily discoverable by competitors, 5 and has been the subject of reasonable efforts by the respective parties and/or third parties to maintain 6 its secrecy, and for which special protection from public disclosure and from use for any purpose 7 other than prosecuting this litigation is warranted. Accordingly, the parties hereby stipulate to and 8 petition the Court to enter the following Stipulated Protective Order. 9 The parties acknowledge that this Stipulated Protective Order does not confer blanket

10 protections on all disclosures or responses to discovery and that the protection it affords extends only 11 to the limited information or items that are entitled under the applicable legal principles to treatment 12 as confidential. The parties further acknowledge, as set forth in Section 10, below, that this Stipulated 13 Protective Order creates no entitlement to file confidential information under seal, nor does anything 14 herein prejudice the right of any party to object to the production of any discovery material that is 15 legally protected from disclosure. 16 17 2. DEFINITIONS 2.1. Party: any party to this action, including all of its officers, directors, employees,

18 consultants, retained experts, and counsel (including their support staff). 19 2.2. Disclosure or Discovery Material: all items or information, regardless of the

20 medium or manner generated, stored, or maintained (including, among other things, testimony, 21 transcripts, or tangible things) that are produced or generated in disclosures, depositions, subpoenas, or 22 responses to discovery in this matter. 23 2.3. Trade Secret: information, including a formula, pattern, compilation, program,

24 device, method, technique, or process that: (i) derives independent economic value, actual or potential, 25 from not being generally known to the public or to other persons who can obtain economic value from 26 its disclosure or use; and (ii) is the subject of efforts that are reasonable under the circumstances to 27 maintain its secrecy, as set forth in California Civil Code §3426. 28
HOWREY LLP

-2Case No. CV 10-1902 JF (HRL)

========= STIPULATED PROTECTIVE ORDER [PROPOSED]
DM_US:23235814_1

1

2.4

"CONFIDENTIAL" Information or Items: Disclosure or Discovery Material

2 that qualifies for protection under standards developed under Fed. R. Civ. P. 26(c), which shall only be 3 disclosed to any Party to this litigation, as set forth in section 7.2 below. Such information should fall 4 into, but is not limited to, one or more of the following categories: (i) sales, marketing, product, or 5 service development strategies, tactics, or plans; (ii) sketches or mock-ups of designs; (iii) financial 6 data; (iii) costs of doing business; (iv) customer lists; (v) business agreements and contracts; (vi) 7 licensing negotiations and agreements; and (vi) third-party information covered by an obligation of 8 confidentiality. 9 10 Items: 2.5. "HIGHLY CONFIDENTIAL ­ ATTORNEYS' EYES ONLY" Information or

Disclosure or Discovery Material that is extremely sensitive -- such as trade secrets,

11 confidential proprietary information, or highly sensitive business strategies, plans, or developments -- 12 and whose disclosure to any person other than the parties' respective outside counsel (Murphy Rosen 13 & Meylan LLP and Cowan, Debaets, Abrahams & Sheppard LLP for Plaintiff and Howrey LLP for 14 Defendants) as set forth in section 7.3 below, would create a substantial risk of serious injury that 15 could not be avoided by less restrictive means. 16 2.6. Receiving Party: a Party that receives Disclosure or Discovery Material from a

17 Producing Party, as defined herein. 18 2.7. Producing Party: a Party or non-party that produces Disclosure or Discovery

19 Material in this action. 20 2.8. Designating Party: a Party or non-party that designates information or items that

21 it produces in disclosures or in responses to discovery as "CONFIDENTIAL" or "HIGHLY 22 CONFIDENTIAL ­ ATTORNEYS' EYES ONLY." 23 2.9. Protected Material: any Disclosure or Discovery Material that is designated as

24 "CONFIDENTIAL" or as "HIGHLY CONFIDENTIAL ­ ATTORNEYS' EYES ONLY" and shall 25 also include abstracts, compilations, or summaries of documents or information that is designated as 26 "CONFIDENTIAL" or as "HIGHLY CONFIDENTIAL ­ ATTORNEYS' EYES ONLY." 27 28
HOWREY LLP

-3Case No. CV 10-1902 JF (HRL) [PROPOSED] STIPULATED PROTECTIVE ORDER ======= DM_US:23235814_1

1

2.10.

Outside Counsel: attorneys who are not employees of a Party but who are

2 retained to represent or advise a Party in this action. 3 2.11. In-House Counsel: attorneys who are employees of a Party and who regularly

4 provide legal advice as part of their job duties. 5 2.12. Counsel (without qualifier): Outside Counsel and In-House Counsel (as well as

6 their support staffs). 7 2.13. Retained Expert or Consultant: a person with specialized knowledge or

8 experience in a matter pertinent to the litigation who has been retained by a Party or its counsel to 9 serve as an expert witness or as a consultant in this action and who is not a past or a current employee, 10 or scheduled to become an employee, of a Party. This definition includes a professional jury or trial 11 consultant retained in connection with this litigation. 12 2.14. Professional Vendors: persons or entities that provide litigation support services

13 (e.g., photocopying; videotaping; translating; preparing exhibits or demonstrations; organizing, storing, 14 retrieving data in any form or medium; etc.) and their employees and subcontractors. 15 16 3. SCOPE

Any Protected Material may not be disseminated or disclosed outside the parameters of this

17 Stipulated Protective Order, subject to the terms thereof, whether that disclosure embodies the entirety 18 of a designated document or any portion or segment thereof. 19 20 4. DURATION

Even after the termination of this litigation, the confidentiality obligations imposed by this

21 Stipulated Protective Order shall remain in effect until a Designating Party agrees otherwise in writing 22 or a court order otherwise directs. Nothing contained herein, however, is intended to limit or prevent a 23 Party from introducing evidence at trial to prove its case. The use of any Protected Material at trial, 24 however, is not addressed at this time, but may be the subject of future application to the District Court 25 Judge assigned to this matter as the need may arise. Unless otherwise ordered or agreed in writing by 26 the Producing Party, within sixty (60) days after the final termination of this action, each party shall 27 28
HOWREY LLP

-4Case No. CV 10-1902 JF (HRL) [PROPOSED] STIPULATED PROTECTIVE ORDER ========= DM_US:23235814_1

1 assemble and destroy or return all designated materials, including copies, to the person(s) and 2 entity(ies) from whom the material was obtained. 3 The Receiving Party must submit a written certification to the Producing Party (and, if not the

4 same person or entity, to the Designating Party) by the sixty day deadline that identifies (by category, 5 where appropriate) all the Protected Material that was destroyed or returned, as applicable, and that 6 affirms that the Receiving Party has not retained any copies, reproductions, scans, or any other form of 7 duplicating any of the Protected Material. Notwithstanding this provision, Counsel are entitled to 8 retain a single archival copy of all pleadings, abstracts, motion papers, transcripts, legal memoranda, 9 correspondence, and attorney work product, even if such materials contain, summarize, describe, 10 reference, or refer to Protected Material, so long as Counsel safeguards and limits access to that 11 archival copy. The attorney of record may retain one (1) copy of the designated information attached 12 to any pleading filed with the Court or marked as an exhibit to a deposition, or which is part of 13 deposition testimony. 14 15 5. DESIGNATING PROTECTED MATERIAL 5.1. Exercise of Restraint and Reasonable Care in Designating Material for

16 Protection. Each Party or non-party that designates information or items for protection under this 17 Stipulated Protective Order must take reasonable care to limit any such designation to specific material 18 that qualifies under the appropriate standards. A Designating Party must take reasonable care to 19 designate for protection only those materials, documents, items, or oral or written communications, or 20 parts thereof, that qualify; such that other portions of the material, documents, items, or 21 communications for which protection is not warranted are not swept unjustifiably within the ambit of 22 this Stipulated Protective Order. 23 Designations that are shown to be clearly unjustified, or made in bad faith, or that have been

24 made for an improper purpose (e.g., to unnecessarily encumber or retard the case development process, 25 or to impose unnecessary expenses and burdens on other parties), expose the Designating Party to 26 sanctions as provided for under the Local Rules and the Federal Rules of Civil Procedure. 27 28
HOWREY LLP

-5Case No. CV 10-1902 JF (HRL) [PROPOSED] STIPULATED PROTECTIVE ORDER ========= DM_US:23235814_1

1

If it comes to a Party's or a non-party's attention that information or items that it designated for

2 protection do not qualify for protection, or do not qualify for the level of protection initially asserted, 3 that Party or non-party must withdraw such mistaken designation and promptly notify all other parties, 4 in writing, that it is withdrawing the mistaken designation. 5 5.2. Manner and Timing of Designations. Except as otherwise provided in this

6 Stipulated Protective Order, or as otherwise stipulated, ordered, or agreed in writing or on the record, 7 any material that qualifies for protection under this Stipulated Protective Order must be clearly so 8 designated before the material is disclosed or produced. 9 10 Designation in conformity with this Stipulated Protective Order requires: (a) For information in documentary form (apart from transcripts of

11 depositions or other pretrial or trial proceedings), that the Producing Party affix the legend 12 "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL ­ ATTORNEYS' EYES ONLY" conspicuously 13 on each page that contains Protected Material. If only a portion or portions of the material on a page 14 qualifies for protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by 15 making appropriate markings in the margins) and must specify, for each portion, the level of protection 16 being asserted (either "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL ­ ATTORNEYS' EYES 17 ONLY"). 18 A Party or non-party that makes original documents or materials available for inspection need

19 not designate them for protection until after the inspecting Party has indicated which material it would 20 like copied and produced. During the inspection and before the designation, all of the material made 21 available for inspection may be deemed "HIGHLY CONFIDENTIAL ­ ATTORNEYS' EYES 22 ONLY." After the inspecting Party has identified the documents it wants copied and produced, the 23 Producing Party must determine which documents, or portions thereof, qualify for protection under 24 this Order, then, before producing the specified documents, the Producing Party must affix the 25 appropriate legend ("CONFIDENTIAL" or "HIGHLY CONFIDENTIAL ­ ATTORNEYS' EYES 26 ONLY") conspicuously on each page that contains Protected Material. If only a portion or portions of 27 the material on a page qualifies for protection, the Producing Party also must clearly identify the 28
HOWREY LLP

-6Case No. CV 10-1902 JF (HRL)

========= [PROPOSED] STIPULATED PROTECTIVE ORDER DM_US:23235814_1

1 protected portion(s) and must specify, for each portion, the level of protection being asserted (either 2 "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL ­ ATTORNEYS' EYES ONLY"). 3 (b) For testimony given in deposition or in other proceedings, that the Party

4 or non-party offering or sponsoring the testimony identify on the record, before the close of the 5 deposition, hearing, or other proceeding, all protected testimony, and further specify any portions of 6 the testimony that qualify as "HIGHLY CONFIDENTIAL ­ ATTORNEYS' EYES ONLY." When it 7 is impractical to identify separately each portion of testimony that is entitled to protection, and when it 8 appears that substantial portions of the testimony may qualify for protection, the Party or non-party 9 that sponsors, offers, gives, or requests to designate the testimony as protected, may invoke on the 10 record (before the deposition or proceeding is concluded) a right to have up to thirty (30) days after the 11 date of mailing of the final transcript to identify the specific portions of the testimony as to which 12 protection is sought and to specify the level of protection being asserted ("CONFIDENTIAL" or 13 "HIGHLY CONFIDENTIAL ­ ATTORNEYS' EYES ONLY"). Only those portions of the testimony 14 that are appropriately designated for protection within the 30-day period shall be covered by the 15 provisions of this Stipulated Protective Order. 16 Transcript pages containing Protected Material shall be separately bound by the court reporter,

17 who shall conspicuously affix to each such page the legend "CONFIDENTIAL" or "HIGHLY 18 CONFIDENTIAL ­ ATTORNEYS' EYES ONLY," as instructed by the Party or nonparty so 19 designating. 20 (c) for information produced in some form other than documentary, and for

21 any other tangible items, that the Producing Party affix in a prominent place on the exterior of the 22 container or containers in which the information or item is stored the legend "CONFIDENTIAL" or 23 "HIGHLY CONFIDENTIAL ­ ATTORNEYS' EYES ONLY." If only portions of the information or 24 item warrant protection, the Producing Party, to the extent practicable, shall identify the protected 25 portions, specifying whether they qualify as "CONFIDENTIAL" or as "HIGHLY CONFIDENTIAL ­ 26 ATTORNEYS' EYES ONLY." 27 28
HOWREY LLP

-7Case No. CV 10-1902 JF (HRL) [PROPOSED] ========= STIPULATED PROTECTIVE ORDER DM_US:23235814_1

1

(d)

Inadvertent Failures to Designate. If corrected within thirty (30) days of

2 disclosure, an inadvertent failure to designate qualified information or items as "CONFIDENTIAL" or 3 "HIGHLY CONFIDENTIAL ­ ATTORNEYS' EYES ONLY" does not, standing alone, waive the 4 Designating Party's right to secure protection under this Stipulated Protective Order for such material. 5 If material is appropriately designated as "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL ­ 6 ATTORNEYS' EYES ONLY" after the material was initially produced, the Receiving Party, on 7 timely notification of the designation -- thirty (30) days -- must make reasonable efforts to assure that 8 the material is treated in accordance with the provisions of this Stipulated Protective Order, subject to 9 the provisions below. 10 11 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 6.1. Meet and Confer. A Party that elects to initiate a challenge to a Designating

12 Party's confidentiality designation must do so in good faith and must begin the process by conferring 13 directly with counsel for the Designating Party. In so conferring, the challenging Party must explain 14 the basis for its belief that the confidentiality designation was not proper and must give the Designating 15 Party an opportunity to review the designated material, to reconsider the circumstances, and, if no 16 change in designation is offered, to explain the basis for the chosen designation. Upon notice, the 17 Designating Party has seven (7) days, unless otherwise agreed, to respond to the request for re18 designation. A challenging Party may proceed to the next stage of the challenge process only if it has 19 engaged, or in the event of non-cooperation attempted to engage, in this meet and confer process first. 20 6.2. Judicial Intervention. A Party that elects to press a challenge to a confidentiality

21 designation after considering the justification offered by the Designating Party may file and serve a 22 motion that identifies the challenged material and sets forth in detail the basis for the challenge. Each Any ex parte motions shall be 23 such motion must be filed in accordance with Local Rules 7 and 37, ========circumstances ====== . unless the ========== justify filed in compliance with Civil Local Rule 7-10. the filing ========== application. 24 =======of an ex parte ======== Until the Court rules on the challenge, all parties shall continue to 25 afford the material in question the level of protection to which it is entitled under the Producing Party's 26 designation. On any motion challenging a confidentiality designation, the Designating Party 27 28
HOWREY LLP

shall bear the burden of persuasion.
-8Case No. CV 10-1902 JF (HRL) [PROPOSED] ========= STIPULATED PROTECTIVE ORDER DM_US:23235814_1

1 2

7.

ACCESS TO AND USE OF PROTECTED MATERIAL 7.1. Basic Principles. A Receiving Party may use Protected Material that is

3 disclosed or produced by another Party or by a non-party in connection with this case only for 4 prosecuting, defending, or attempting to settle this litigation. Such Protected Material may be

5 disclosed only to the categories of persons and under the conditions described in this Stipulated 6 Protective Order. Following final resolution of the litigation, a Receiving Party shall comply with the 7 provisions of Section 4, above, and Section 11, below. Protected Material shall be stored and

8 maintained by a Receiving Party at a location and in a secure manner that reasonably ensures that 9 access is limited to the persons authorized under this Stipulated Protective Order. 10 7.2. Disclosure of "CONFIDENTIAL" Information or Items. Unless otherwise

11 ordered by the Court or permitted in writing by the Designating Party, a Receiving Party may disclose 12 any information or item designated "CONFIDENTIAL" only to: 13 (a) the Receiving Party's Outside Counsel of record in this action (Murphy

14 Rosen & Meylan LLp and Cowan, Debaets, Abrahams & Sheppard LLP for Plaintiff and Howrey LLP 15 for Defendants), as well as employees of said Outside Counsel to whom it is reasonably necessary to 16 disclose the information for this litigation; 17 (b) the officers, directors, and employees (including In-house Counsel) of

18 the Receiving Party to whom disclosure is reasonably necessary for this litigation; 19 (c) Retained Experts or Consultants (as defined in this Order) of the

20 Receiving Party to whom disclosure is reasonably necessary for this litigation and who have signed the 21 "Acknowledgement and Agreement to Be Bound " (Exhibit A); 22 23 (d) (e) the Court and its personnel; court reporters, their staffs, and professional vendors to whom disclosure

24 is reasonably necessary for this litigation; 25 (f) during their depositions, witnesses in the action to whom disclosure is

26 reasonably necessary. Pages of transcribed deposition testimony or exhibits to depositions that reveal 27 Protected Material shall be separately bound by the court reporter and may not be disclosed to anyone 28
HOWREY LLP

-9Case No. CV 10-1902 JF (HRL) [PROPOSED] STIPULATED PROTECTIVE ORDER ========= DM_US:23235814_1

1 except as permitted under this Stipulated Protective Order.

Any party seeking to use

2 CONFIDENTIAL information during a deposition of a non-party shall obtain a statement on the record 3 that the non-party deponent has agreed to abide by the terms of this Stipulated Protective Order. 4 (g) the author and named recipients of the document, persons who have

5 previously had access to the documents or CONFIDENTIAL Information other than through discovery 6 or disclosures in the litigation, and the original source of the information. 7 7.3. Disclosure of "HIGHLY CONFIDENTIAL ­ ATTORNEYS' EYES ONLY" Unless otherwise ordered by the Court or permitted in writing by the

8 Information or Items.

9 Designating Party, a Receiving Party may disclose any information or item designated "HIGHLY 10 CONFIDENTIAL ­ ATTORNEYS' EYES ONLY" only to: 11 (a) the Receiving Party's Outside Counsel of record in this action, as well as

12 employees of said Outside Counsel to whom it is reasonably necessary to disclose the information for 13 this litigation; 14 (b) Retained Experts or Consultants (as defined in this Order) to whom

15 disclosure is reasonably necessary for this litigation and who have signed the "Acknowledgement and 16 Agreement to Be Bound" (Exhibit A), 17 18 (c) (d) the Court and its personnel; court reporters, their staffs, and professional vendors to whom disclosure

19 is reasonably necessary for this litigation; and 20 21 (e) the author of the document or the original source of the information.

Nothing herein, however, is intended to prohibit or proscribe the ability of outside counsel to

22 provide to its client informed and meaningful advice, or to prevent counsel from aggregating and 23 generally summarizing counsel's interpretation of the implications of such information as it relates to 24 the litigation, so long as it will not reveal or disclose the specific contents of any document or 25 information, including any figures and statistics therein, designated as "HIGHLY CONFIDENTIAL ­ 26 ATTORNEYS' EYES ONLY". 27 28
HOWREY LLP

-10Case No. CV 10-1902 JF (HRL) [PROPOSED] ========= STIPULATED PROTECTIVE ORDER DM_US:23235814_1

1

8.

PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN

2 OTHER LITIGATION 3 If a Receiving Party is served with a subpoena, or an order issued in other litigation or Court

4 proceedings, that requires disclosure of any information or items designated in this action as 5 "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL ­ ATTORNEYS' EYES ONLY," the Receiving 6 Party shall notify the Designating Party, in writing (by electronic mail and/or fax, if possible) promptly 7 and in no event more than four (4) court days after receiving the subpoena or order but before the 8 scheduled date for production. Such notification shall include a copy of the subpoena or court order. 9 The Receiving Party shall also immediately inform in writing the Party who caused the

10 subpoena or order to issue in the other litigation or proceeding that some or all the material covered by 11 the subpoena or order is the subject to this Stipulated Protective Order. In addition, the Receiving 12 Party must deliver a copy of this Stipulated Protective Order promptly to the Party in the other action 13 that caused the subpoena or order to issue. 14 The purpose of imposing these duties is to alert the interested parties to the existence of this

15 Stipulated Protective Order and to afford the Designating Party in this case an opportunity to seek to 16 protect its confidentiality interests in the court from which the subpoena or order issued. The

17 Designating Party shall bear the burdens and the expenses of seeking protection in that court of its 18 confidential material. Nothing in these provisions should be construed as authorizing or encouraging a 19 Receiving Party in this action to disobey a lawful directive from another court. 20 21 9. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL

If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected

22 Material to any person or in any circumstance not authorized under this Stipulated Protective Order, 23 the Receiving Party must immediately, (a) notify in writing the Designating Party of the unauthorized 24 disclosures, (b) use its best efforts to retrieve all copies of the Protected Material, (c) inform the person 25 or persons to whom unauthorized disclosures were made of all the terms of this Order, and, (d) request 26 that such person or party execute the "Acknowledgment and Agreement to Be Bound" that is attached 27 hereto as Exhibit A. 28
HOWREY LLP

-11Case No. CV 10-1902 JF (HRL) [PROPOSED] ========= STIPULATED PROTECTIVE ORDER DM_US:23235814_1

1 2

10.

FILING PROTECTED MATERIAL

In the event that any Party decides to file with or submit to the Court any Protected Material,

3 Counsel shall take appropriate steps to ensure the continuing confidentiality of the Protected Material. must comply with shall ===== that the 4 Counsel for the Party seeking to file or submit the Protected Material to the Court ====request ====== Civil Local Rule 79-5 and General Order No. 62. 5 portion(s) =====document(s) containing the=================filed =====seal by ============ ======= of the =================== Protected Materials be === under ===== way of a written 6 application ==========order,=====with================================for ========= ======== and proposed ==== along === the portion(s) of the document(s) submitted == filing under seal, = ======== with == Local ==== Pending the ruling ==the application, the papers or portions 7 ====in=accordance ====the =====Rules.===============on =========================== thereof subject = == sealing ========shall ======= under seal. 8 ===========to=the ======application ====be lodged ======== 9 10 11. MISCELLANEOUS 11.1. Right to Further Relief. Nothing in this Stipulated Protective Order abridges the

11 right of any person to seek its modification by the Court in the future. 12 11.2. Right to Assert Other Objections. By agreeing to the entry of this Stipulated

13 Protective Order, no Party waives any right it otherwise would have to object to disclosing or 14 producing any information or item on any ground not addressed in this Stipulated Protective Order. 15 Similarly, no Party waives any right to object on any ground to use in evidence of any of the material 16 covered by this Stipulated Protective Order. 17 11.3. Effect of Designation on Authenticity and Admissibility. The placing of any

18 confidentiality designation or a production identification label on the face of any document shall not 19 affect the document's authenticity or admissibility in this action. 20 11.4. Continuing Jurisdiction. All provisions of this Stipulated Protective Order shall

21 continue to be binding after the conclusion of this action in its entirety, unless subsequently modified The 22 by agreement between the parties or order of the Court, and == Court shall retain jurisdiction of this . ===the 23 matter for the purpose of enforcing this Stipulated Protective Order.for a period of six months after 24 /// 25 /// 26 /// 27 28
HOWREY LLP

the final termination of this action.

-12Case No. CV 10-1902 JF (HRL) [PROPOSED] ========= STIPULATED PROTECTIVE ORDER DM_US:23235814_1

=========

========

==========

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
HOWREY LLP

ORDER

as modified by the court, The foregoing Stipulated Protective Order is approved and shall be the Order of the Court. ^

__________________________________ Hon.========== Howard R. Lloyd Jeremy Fogel United States========== Judge District Court Magistrate

-14Case No. CV 10-1902 JF (HRL) [PROPOSED] STIPULATED PROTECTIVE ORDER ======= DM_US:23235814_1

1 2 3 4

EXHIBIT A ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND I, ___________________________________________________ [print or type full name], of [print or type full

5 company name and address], declare under penalty of perjury that I have read in its entirety and 6 understand the Stipulated Protective Order that was issued by the United States District Court for the 7 Northern District of California on ___________ [date] in the case of Quia Corporation v. Mattel, Inc. 8 and Fisher-Price, Inc., Case No. CV10-1902. I agree to comply with and to be bound by all the terms 9 of this Stipulated Protective Order and I understand and acknowledge that failure to so comply could 10 expose me to sanctions and punishment in the nature of contempt. I solemnly promise that I will not 11 disclose in any manner any information or item that is subject to this Stipulated Protective Order to any 12 person or entity except in strict compliance with the provisions of this Order. 13 I further agree to submit to the jurisdiction of the United States District Court for the Central

14 District of California for the purpose of enforcing the terms of this Stipulated Protective Order, even if 15 such enforcement proceedings occur after termination of this action. 16 17 Date: 18 City and State where sworn and signed: 19 Printed name: 20 21 Signature: 22 23 24 25 26 27 28
PSUN/1053479/6381852v.1 HOWREY LLP

-15Case No. CV 10-1902 JF (HRL) [PROPOSED] STIPULATED PROTECTIVE ORDER ======== DM_US:23235814_1