STC.UNM v. Intel Corporation

Filing 76

RESPONSE in Opposition re 67 MOTION to Amend/Correct 63 Order on Motion for Protective Order filed by STC. UNM. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Pedersen, Steven)

Exhibit B
Excerpts from
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
STIPULATED PROTECTIVE ORDER FOR LITIGATION INVOLVING PATENTS, HIGHLY
SENSITIVE CONFIDENTIAL INFORMATION AND/OR TRADE SECRETS

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10
11

Case No. C

12
13

Plaintiff,
v.

14
15

STIPULATED PROTECTIVE ORDER
FOR LITIGATION INVOLVING
PATENTS, HIGHLY SENSITIVE
CONFIDENTIAL INFORMATION
AND/OR TRADE SECRETS

Defendant.

16
17
18

1.

PURPOSES AND LIMITATIONS

19

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

20

confidential, proprietary, or private information for which special protection from public

21

disclosure and from use for any purpose other than prosecuting this litigation may be warranted.

22

Accordingly, the parties hereby stipulate to and petition the court to enter the following Stipulated

23

Protective Order. The parties acknowledge that this Order does not confer blanket protections on

24

all disclosures or responses to discovery and that the protection it affords from public disclosure

25

and use extends only to the limited information or items that are entitled to confidential treatment

26

under the applicable legal principles. The parties further acknowledge, as set forth in Section

27

14.4, below, that this Stipulated Protective Order does not entitle them to file confidential

28

information under seal; Civil Local Rule 79-5 sets forth the procedures that must be followed and

1

8.

2

PROSECUTION BAR [Optional]
Absent written consent from the Producing Party, any individual who receives

3

access to “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” [Optional:

4

“HIGHLY CONFIDENTIAL – SOURCE CODE”] information shall not be involved in the

5

prosecution of patents or patent applications relating to [insert subject matter of the invention and

6

of highly confidential technical information to be produced], including without limitation the

7

patents asserted in this action and any patent or application claiming priority to or otherwise

8

related to the patents asserted in this action, before any foreign or domestic agency, including the

9

United States Patent and Trademark Office (“the Patent Office”).11

or

For purposes of this

10

paragraph, “prosecution” includes directly or indirectly drafting, amending, advising, or

11

otherwise affecting the scope or maintenance of patent claims. 12

12

“prosecution” as used in this paragraph does not include representing a party challenging a patent

13

before a domestic or foreign agency (including, but not limited to, a reissue protest, ex parte

14

reexamination or inter partes reexamination). This Prosecution Bar shall begin when access to

15

“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” [Optional:

16

CONFIDENTIAL – SOURCE CODE”] information is first received by the affected individual

17

and shall end two (2) years after final termination of this action.13

18

9.

19

To avoid any doubt,

or “HIGHLY

SOURCE CODE [Optional]
(a)

To the extent production of source code becomes necessary in this case, a

20

Producing Party may designate source code as “HIGHLY CONFIDENTIAL - SOURCE CODE”

21

if it comprises or includes confidential, proprietary or trade secret source code.

22
23
24
25
26
27
28

11

It may be appropriate under certain circumstances to require Outside and House Counsel who
receive access to “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” information to
implement an “Ethical Wall.”
12
Prosecution includes, for example, original prosecution, reissue and reexamination
proceedings.
13
Alternative: It may be appropriate for the Prosecution Bar to apply only to individuals who
receive access to another party’s “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”
technical or source code information pursuant to this Order, such as under circumstances where
one or more parties is not expected to produce “HIGHLY CONFIDENTIAL – ATTORNEYS’
EYES ONLY” information that is technical in nature or “HIGHLY CONFIDENTIAL –
SOURCE CODE” information,

14

1

(b)

Protected Material designated as “HIGHLY CONFIDENTIAL – SOURCE

2

CODE” shall be subject to all of the protections afforded to “HIGHLY CONFIDENTIAL –

3

ATTORNEYS’ EYES ONLY” information [Optional: including the Prosecution Bar set forth in

4

Paragraph 8], and may be disclosed only to the individuals to whom “HIGHLY

5

CONFIDENTIAL – ATTORNEYS’ EYES ONLY” information may be disclosed, as set forth in

6

Paragraphs 7.3 and 7.4, with the exception of Designated House Counsel.14

7

(c)

Any source code produced in discovery shall be made available for

8

inspection, in a format allowing it to be reasonably reviewed and searched, during normal

9

business hours or at other mutually agreeable times, at an office of the Producing Party’s counsel

10

or another mutually agreed upon location.15

11

inspection on a secured computer in a secured room without Internet access or network access to

12

other computers, and the Receiving Party shall not copy, remove, or otherwise transfer any

13

portion of the source code onto any recordable media or recordable device. The Producing Party

14

may visually monitor the activities of the Receiving Party’s representatives during any source

15

code review, but only to ensure that there is no unauthorized recording, copying, or transmission

16

of the source code.16

17

(d)

The source code shall be made available for

The Receiving Party may request paper copies of limited portions of source

18

code that are reasonably necessary for the preparation of court filings, pleadings, expert reports,

19

or other papers, or for deposition or trial, but shall not request paper copies for the purposes of

20

reviewing the source code other than electronically as set forth in paragraph (c) in the first

21
22
23

14

It may be appropriate under certain circumstances to allow House Counsel access to derivative
materials including “HIGHLY CONFIDENTIAL - SOURCE CODE” information, such as
exhibits to motions or expert reports,
15

24
25
26
27
28

Alternative: Any source code produced in discovery shall be made available for inspection in a
format through which it could be reasonably reviewed and searched during normal business hours
or other mutually agreeable times at a location that is reasonably convenient for the Receiving
Party and any experts to whom the source code may be disclosed. This alternative may be
appropriate if the Producing Party and/or its counsel are located in a different jurisdiction than
counsel and/or experts for the Receiving Party.
16
It may be appropriate under certain circumstances to require the Receiving Party to keep a
paper log indicating the names of any individuals inspecting the source code and dates and times
of inspection, and the names of any individuals to whom paper copies of portions of source code
are provided.

15

1

instance. The Producing Party shall provide all such source code in paper form including bates

2

numbers and the label “HIGHLY CONFIDENTIAL - SOURCE CODE.” The Producing Party

3

may challenge the amount of source code requested in hard copy form pursuant to the dispute

4

resolution procedure and timeframes set forth in Paragraph 6 whereby the Producing Party is the

5

“Challenging Party” and the Receiving Party is the “Designating Party” for purposes of dispute

6

resolution.

7

(e)

The Receiving Party shall maintain a record of any individual who has

8

inspected any portion of the source code in electronic or paper form. The Receiving Party shall

9

maintain all paper copies of any printed portions of the source code in a secured, locked area.

10

The Receiving Party shall not create any electronic or other images of the paper copies and shall

11

not convert any of the information contained in the paper copies into any electronic format. The

12

Receiving Party shall only make additional paper copies if such additional copies are (1)

13

necessary to prepare court filings, pleadings, or other papers (including a testifying expert’s

14

expert report), (2) necessary for deposition, or (3) otherwise necessary for the preparation of its

15

case. Any paper copies used during a deposition shall be retrieved by the Producing Party at the

16

end of each day and must not be given to or left with a court reporter or any other individual.17

17
18

10.

PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN

OTHER LITIGATION

19

If a Party is served with a subpoena or a court order issued in other litigation that

20

compels disclosure of any information or items designated in this action as “CONFIDENTIAL”

21

or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” [Optional:

22

CONFIDENTIAL – SOURCE CODE”] that Party must:

23
24

or “HIGHLY

(a) promptly notify in writing the Designating Party. Such notification shall
include a copy of the subpoena or court order;

25

(b) promptly notify in writing the party who caused the subpoena or order to issue

26
27
28

17

The nature of the source code at issue in a particular case may warrant additional protections or
restrictions, For example, it may be appropriate under certain circumstances to require the
Receiving Party to provide notice to the Producing Party before including “HIGHLY
CONFIDENTIAL – SOURCE CODE” information in a court filing, pleading, or expert report.

16