Genentech, Inc. v. Trustees of the University of Pennsylvania

Filing 42

ORDER re 24 Parties' Form of Protective Order. Signed by Judge Patricia V. Trumbull on 11/19/10. (pvtlc1) (Filed on 11/19/2010)

Genentech, Inc. v. Trustees of the University of Pennsylvania

Doc. 42

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 For example, Paragraph 2.(c) of the proposed form of order purports to make it improper to designate information confidential if the information thereafter is disclosed by a party as a matter of right ­ something the designating party would have know way of predicting at the time it designates the information confidential. A more significant problem is the proposed provision in Paragraph 19 that automatically relieves a party of any waiver of privilege that would otherwise result from an inadvertent disclosure. Such determinations must be made based on the facts and circumstances surrounding specific inadvertent disclosures. OR D E R, page 1
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

GENENTECH, INC.,

) ) Plaintiff, ) ) v. ) ) THE TRUSTEES OF THE UNIVERSITY ) OF PENNSYLVANIA, ) ) Defendant. ) ___________________________________ )

Case No.: C 10-2037 PVT ORDER RE PARTIES' FORM OF PR O T E C T IV E ORDER

On September 24, 2010, the parties submitted a proposed form of stipulated protective order. Some of the provisions of the proposed form of order are not acceptable to the court.1 Rather than spend time identifying all of the problems with the proposed form of order, the court finds it more efficient to direct the parties to use the one of the court's model forms of protective order. Therefore, IT IS HEREBY ORDERED that, no later than December 1, 2010, the parties shall submit a revised form of protective order that uses the wording of the court's model "Stipulated Protective

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Order for Litigation Involving Patents, Highly Sensitive Confidential Information And/or Trade Secrets" available in the "Forms" section of the court's website (www.cand.uscourts.gov). If the parties believe that modification2 of the court's model form of order is reasonably necessary for the present action, they shall also submit a joint brief explaining what modification they seek, and why it is reasonably necessary for the present action. IT IS FURTHER ORDERED that, pending entry of the final form of protective order, the handling of confidential information shall be governed by the provisions of the court's model "Stipulated Protective Order for Litigation Involving Patents, Highly Sensitive Confidential Information And/or Trade Secrets." Dated: 11/19/10 PATRICIA V. TRUMBULL United States Magistrate Judge

As used herein, "modification" does not include merely selecting one of two or more optional provisions so long as the wording of the option selected accurately reflects the wording in the court's model form of order. OR D E R, page 2

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