Apple Inc. v. Samsung Electronics Co., Ltd. et al
Filing
159
ORDER GRANTING AGREED ADDENDUM TO THE JOINT PROTECTIVE ORDER REGARDING SOURCE CODE re #154 Proposed Order filed by Google Inc., Apple Inc. Signed by Judge Paul S. Grewal on 5/3/2012. (psglc3, COURT STAFF) (Filed on 5/2/2012)
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Michael A. Jacobs
Richard S.J. Hung
MORRISON & FOERSTER LLP
425 Market Street, 32nd Floor
San Francisco, CA 94105
mjacobs@mofo.com
rhung@mofo.com
Josh A. Krevitt
H. Mark Lyon
GIBSON DUNN & CRUTCHER, LLP
1881 Page Mill Road
Palo Alto, California 94304
jkrevitt@gibsondunn.com
mlyon@gibsondunn.com
Amy H. Candido
amycandido@quinnemanuel.com
Matthew S. Warren
matthewwarren@quinnemanuel.com
QUINN EMANUEL URQUHART
& SULLIVAN, LLP
50 California Street, 22nd Floor
San Francisco, California 94111-4788
(415) 875-6600
(415) 875-6700 facsimile
Attorneys for Non-Party Google Inc.
Attorneys for Plaintiff Apple Inc.
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
13 APPLE INC., a California corporation,
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Plaintiff,
v.
16 SAMSUNG ELECTRONICS CO., LTD., a
Korean corporation; SAMSUNG
17 ELECTRONICS AMERICA, INC., a New
York corporation, and SAMSUNG
18 TELECOMMUNICATIONS AMERICA,
LLC, a Delaware limited liability company,
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Defendants.
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SAMSUNG ELECTRONICS CO., LTD., a
21 Korean corporation; SAMSUNG
ELECTRONICS AMERICA, INC., a New
22 York corporation, and SAMSUNG
TELECOMMUNICATIONS AMERICA,
23 LLC, a Delaware limited liability company,
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CASE NO. 12-CV-00630-LHK
[PROPOSED] AGREED ADDENDUM TO
THE JOINT PROTECTIVE ORDER
REGARDING GOOGLE SOURCE CODE
PRODUCTION
Counterclaim-Plaintiff,
v.
26 APPLE INC., a California corporation,
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Counterclaim-Defendant
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-1CASE NO. 12-CV-00630-LHK
AGREED ADDENDUM TO THE JOINT PROTECTIVE ORDER REGARDING GOOGLE SOURCE CODE PRODUCTION
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Plaintiff and Counterclaim-Defendant Apple Inc. (“Apple”) has sought discovery from
non-party Google Inc. (“Google”) in the above-referenced action. In connection with this
discovery, Google has requested certain modifications to the Protective Order currently in effect in
this case. In order to facilitate production and receipt of information from Google during
discovery, and pursuant to Federal Rule of Civil Procedure 26(c), Apple and Google hereby agree
to the following Addendum to the Joint Protective Order entered by stipulation of the Parties and
Order of the Court on March 29, 2012 (collectively referred to herein as the “Protective Order”).
Defendants Samsung Electronics Co., Ltd., Samsung Electronics America, Inc. and Samsung
Telecommunications America, LLC do not oppose this Addendum.
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NON-PARTY GOOGLE INC.
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24.
Patent Prosecution Bar. Absent the written consent of Google, anyone who
receives one or more items designated “GOOGLE'S HIGHLY CONFIDENTIAL – OUTSIDE
ATTORNEYS’ EYES ONLY – SOURCE CODE” shall not be involved, directly or indirectly, in
any of the following activities: advising on, consulting on, preparing, prosecuting, drafting,
editing, and/or amending of patent applications (whether for design or utility patents),
specifications, claims, and/or responses to office actions, or otherwise affecting the disclosure in
patent applications or specifications or the scope of claims in patents or patent applications
relating to the subject matter of the patents-in-suit before any foreign or domestic agency,
including the United States Patent and trademark Office. Apple’s Outside Counsel shall not
participate in any reexamination or reissue proceeding that is initiated by Apple and involves
patents in which Apple has any interest. For all other reexamination or reissue proceedings,
Apple’s Outside Counsel may participate in the proceeding, but may not participate in, supervise
or advise on, directly or indirectly, claim drafting or amending claims.
To the extent the foregoing limitations override the exception contained in the Protective
Order, page 6 lines 4-17, relating to reexamination and reissue, their applicability shall extend
only to source code produced by Google Inc.
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-2CASE NO. 12-CV-00630-LHK
AGREED ADDENDUM TO THE JOINT PROTECTIVE ORDER REGARDING GOOGLE SOURCE CODE PRODUCTION
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25.
The following additional protections shall apply to confidential source code
produced by non-party Google Inc.:
a.
All source code shall be made available by Google to the Receiving Party in
a secure room, on one secured, stand-alone computer (running a reasonably current operating
system) per software platform produced, without Internet access or network access to other
computers, as necessary and appropriate.
b.
The following provisions shall apply to individuals with access to the
confidential source code produced by non-party Google Inc.:
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No more than a total of 25 individuals identified by the receiving
party shall have access to the secure room in which Google Inc. produces
material designated with the label “GOOGLE'S HIGHLY
CONFIDENTIAL - OUTSIDE ATTORNEY'S EYES ONLY - SOURCE
CODE”;
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ii.
No more than a total of 25 individuals identified by the receiving
party shall have access to the printed portions of material produced by
Google Inc. designated with the label “GOOGLE'S HIGHLY
CONFIDENTIAL - OUTSIDE ATTORNEY'S EYES ONLY - SOURCE
CODE” (except insofar as such code appears in any filing with the Court or
expert report in this case).
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c.
The Confidential Source Code Computer shall be made available from 9:00
a.m. to 5:00 p.m. local time, Monday through Friday (excluding holidays).
d.
The receiving party may print only those portions of files that are
reasonably necessary to the preparation of its case. In the event that the receiving party believes
there is a need to print more than ten (10) contiguous pages of a file, or more than a total of 100
printed pages of a file, the burden shall be on the receiving party to demonstrate that such printed
portions are no more than is reasonably necessary for a permitted purpose and not merely printed
for the purposes of review and analysis elsewhere.
e.
The printed Source Code shall be labeled with “GOOGLE'S HIGHLY
CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY – SOURCE CODE.” Outside
counsel for Google will keep the originals of these printed documents, and copies shall be made
for outside counsel for the Receiving Party on watermarked paper within two business days. It is
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-3CASE NO. 12-CV-00630-LHK
AGREED ADDENDUM TO THE JOINT PROTECTIVE ORDER REGARDING GOOGLE SOURCE CODE PRODUCTION
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the responsibility of Google to ensure delivery of the printed documents to outside counsel for the
Receiving Party within two business days.
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DATED: May 2, 2012
By /s/ H. Mark Lyon
6 Michael A. Jacobs
Richard S.J. Hung
7 MORRISON & FOERSTER LLP
425 Market Street, 32nd Floor
8 San Francisco, CA 94105
mjacobs@mofo.com
9 rhung@mofo.com
By /s/ Matthew S. Warren
Amy H. Candido
amycandido@quinnemanuel.com
Matthew S. Warren
matthewwarren@quinnemanuel.com
QUINN EMANUEL URQUHART &
SULLIVAN, LLP
50 California Street, 22nd Floor
San Francisco, California 94111-4788
(415) 875-6600
(415) 875-6700 facsimile
10 Josh A. Krevitt
H. Mark Lyon
11 GIBSON DUNN & CRUTCHER, LLP
1881 Page Mill Road
Attorneys for Non-Party Google Inc.
12 Palo Alto, California 94304
jkrevitt@gibsondunn.com
13 mlyon@gibsondunn.com
14 Attorneys for Plaintiff Apple Inc.
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PURSUANT TO STIPULATION IT IS SO ORDERED.
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Date:
UNITED STATES DISTRICT JUDGE
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-4CASE NO. 12-CV-00630-LHK
AGREED ADDENDUM TO THE JOINT PROTECTIVE ORDER REGARDING GOOGLE SOURCE CODE PRODUCTION
ATTESTATION OF E-FILED SIGNATURES
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I, H. Mark Lyon, am the ECF User whose ID and password are being used to file this
Agreed Addendum To The Joint Protective Order Regarding Google Source Code Production. In
compliance with General Order 45, X.B., I hereby attest that Matthew Warren has concurred in
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Dated: May 2, 2012
/s/ H. Mark Lyon
H. Mark Lyon
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-5CASE NO. 12-CV-00630-LHK
AGREED ADDENDUM TO THE JOINT PROTECTIVE ORDER REGARDING GOOGLE SOURCE CODE PRODUCTION
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CERTIFICATE OF SERVICE
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The undersigned hereby certifies that the foregoing document was filed electronically in
4 compliance with Civil 5 Local Rule 5.4, and will be served on all counsel for Google, Inc. and
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Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., and Samsung
Telecommunications America, LLC who have consented to electronic service in accordance with
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Civil Local Rule 5.4 via the Court's ECF system.
Dated: May 2, 2012
/s/ H. Mark Lyon
H. Mark Lyon
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AGREED ADDENDUM TO THE JOINT PROTECTIVE ORDER REGARDING GOOGLE SOURCE CODE PRODUCTION
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