Apple Inc. v. Samsung Electronics Co. Ltd. et al

Filing 875

STIPULATION WITH PROPOSED ORDER REGARDING INTEL CODE PRODUCTION filed by Apple Inc.(a California corporation). (Selwyn, Mark) (Filed on 4/19/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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APPLE INC.,

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Case No. 11-cv-01846-LHK
Plaintiff,

V.

STIPULATED AMENDMENT TO THE
PROTECTIVE ORDER REGARDING
INTEL CODE PRODUCTION

SAMSUNG ELECTRONICS CO., LTD.,
a Korean corporation; SAMSUNG
ELECTRONICS AMERICA, INC., a New
York corporation; and SAMSUNG
TELECOMMUNICATIONS AMERICA,
LLC, a Delaware limited liability company,

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Defendants.
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Plaintiff Apple Inc. ("Apple") and Defendants and counterclaim-plaintiffs Samsung

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Electronics Co. Ltd., Samsung Electronics America, Inc. and Samsung Telecommunications

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America LLC (collectively "Samsung") (collectively referred to herein as the "Parties") have

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sought production of documents, testimony or information reflecting confidential and proprietary

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information from non-party Intel Corporation ("Intel"). The Court adopted a Protective Order

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proposed by Samsung in its Order of January 27, 2012 (the "Protective Order"). Intel has

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requested protections for its confidential information that are not provided in the Protective

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Order, and the Parties have agreed to provide these protections, as reflected in this Stipulated
02198.51845/4589441.1

AMENDMENT TO THE PROTECTIVE ORDER
REGARDING INTEL CODE PRODUCTION
Case No. 11-cv-01846-LHK

Amendment to the Protective Order Regarding Intel Code Production ("Amendment to the
Protective Order"):
1. As a further restriction under Section 6(b) of the Protective Order, the scope of the
prosecution bar extends to "the subject matter of the patents-in-suit or wireless modem hardware
and protocol software for implementation of physical or data link layers in devices for mobile
telephony" for anyone who receives one or more items designated as "INTEL CONFIDENTIAL
— ATTORNEYS' EYES ONLY" or "INTEL CONFIDENTIAL — OUTSIDE ATTORNEYS'
EYES ONLY — SOURCE CODE."
2. As a further restriction under Section 11(j) of the Protective Order, Intel shall, upon
request, deliver three (3) sets of printed documents to each office of the outside counsel of the
Receiving Party identified by the Receiving Party. The Receiving Party may not make any
additional paper copies of any portions of the Source Code received from Intel, not including
copies attached to court filings or used at depositions.
3. As a further restriction under Section 11(k) of the Protective Order, printed source code
identified as "INTEL CONFIDENTIAL — OUTSIDE ATTORNEYS' EYES ONLY — SOURCE
CODE" must be kept at all times at an office of the Receiving Party's Outside Counsel.
4. As an additional restriction under Section 12(d) of the Protective Order, prior to
receiving any material marked as "INTEL CONFIDENTIAL — ATTORNEYS' EYES ONLY" or
"INTEL CONFIDENTIAL — OUTSIDE ATTORNEYS' EYES ONLY — SOURCE CODE," the
Person must execute a copy of the "Agreement to Be Bound by Protective Orders" (Exhibit B
hereto) and serve it on all Parties and Intel.

STIPULATED AND AGREED:

02198.51845/4589441.1

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AMENDMENT TO THE PROTECTIVE ORDER
REGARDING INTEL CODE PRODUCTION
Case No. 11-cv-01846-LHK

144.464

Dated: .eirircra-fy

, 2012

William F. Lee
WILMER CUTLER PICKERING
HALE AND DORR LLP
60 State Street
Boston, Massachusetts 02109
Telephone: [phone]
Facsimile: [phone]
Mark D. Selwyn
WILMER CUTLER PICKERING
HALE AND DORR LLP
950 Page Mill Road
Palo Alto, California 94304
Telephone: [phone]
Facsimile: [phone]
Harold J. McElhinny
Michael A. Jacobs
Richard S.J. Hung
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]

Counsel for Plaintiff and CounterclaimDefendant Apple Inc.

Respectfully submitted,

1114.41,4
C arles K. Verhoeven
QUINN EMANUEL URQUHART
& SULLIVAN LLP
50 California Street, 22' Floor
San Francisco, California 94111
Telephone: [phone]
Victoria Maroulis
QUINN EMANUEL URQUHART
& SULLIVAN LLP
555 Twin Dolphin Drive, 5 th Floor
Redwood Shores, California 94065
Telephone: [phone]
Diane C. Hutnyan
QUINN EMANUEL URQUHART
& SULLIVAN LLP
865 S. Figueroa St., 10 th Floor
Los Angeles, California 90017
Telephone: [phone]

Counsel for Samsung Electronics Co., Ltd.,
Samsung Electronics America, Inc., and
Samsung Telecommunications America, LLC

IT IS SO ORDERED.

Date:
UNITED STATES MAGISTRATE JUDGE

02198.51845/4589441.1

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AMENDMENT TO THE PROTECTIVE ORDER
REGARDING INTEL CODE PRODUCTION

Case No. 11-cv-01846-LHK