Wireless Recognition Technologies LLC v. A9.com, Inc. et al

Filing 96

Joint MOTION for Protective Order (Entry of) by A9.com, Inc., Amazon.com, Inc., Google, Inc.,, Nokia, Inc., Ricoh Innovations, Inc., Wireless Recognition Technologies LLC. (Attachments: # 1 Exhibit 1-Proposed Protective Order with Competing Proposals, # 2 Exhibit 2-Plaintiff's Proposed Protective Order, # 3 Exhibit 3-Defendants' Proposed Protective Order, # 4 Exhibit 4-Dkt. No. 241 from LTT case, # 5 Exhibit 5-Dkt. No. 169 from LTT case, # 6 Exhibit Dkt. No. 169-1 from LTT case, # 7 Exhibit 7-ST Sales v. Daimler-LEXIS, # 8 Exhibit 8-Yudell Power of Attorney)(Shvodian, Daniel)

EXHIBIT 6

Case 2:09-cv-00354-TJW-CE Document 169-1

Filed 06/22/10 Page 1 of 17

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION

LIGHT TRANSFORMATION
TECHNOLOGIES LLC
NO. 2:09-cv-00354-TJW-CE
v.
ANDERSON CUSTOM ELECTRONICS, INC.,
ET AL.

JURY

PROTECTIVE ORDER
WHEREAS, Plaintiff Light Transformation Technologies LLC and Defendants ADB
Airfield Solutions, LLC; Airport Lighting Systems, Inc.; Dialight Corporation; Digi-Key
Corporation; Digi-Key International Sales Corporation; Fraen Corporation; Future Electronics
Corp.; Future Electronics, Inc.; LED Lighting Supply Company LLC; LEDdynamics, Inc. d/b/a
LED Supply; Osram Sylvania, Inc.; Philips Lumileds Lighting Company LLC; Philips SolidState Lighting Solutions d/b/a Philips Color Kinetics; and Volkswagen Group of America, Inc.
d/b/a Audi of America, Inc., hereafter referred to as “the Parties,” believe that certain
information that is or will be encompassed by discovery demands by the Parties involves the
production or disclosure of trade secrets, confidential business information, or other proprietary
information;
WHEREAS, the Parties seek a protective order limiting disclosure thereof in accordance
with Federal Rule of Civil Procedure 26(c):
THEREFORE, it is hereby stipulated among the Parties and ORDERED that:

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Case 2:09-cv-00354-TJW-CE Document 169-1

1.

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Each Party may designate as confidential for protection under this Order, in whole or in
part, any document, information or material that constitutes or includes, in whole or in
part, confidential or proprietary information or trade secrets of the Party or a Third Party
to whom the Party reasonably believes it owes an obligation of confidentiality with
respect to such document, information or material (“Protected Material”). Protected
Material shall be designated by the Party producing it by affixing a legend or stamp on
such document, information or material as follows: “CONFIDENTIAL.” The word
“CONFIDENTIAL” shall be placed clearly on each page of the Protected Material
(except deposition and hearing transcripts) for which such protection is sought. For
deposition and hearing transcripts, the word “CONFIDENTIAL” shall be placed on the
cover page of the transcript (if not already present on the cover page of the transcript
when received from the court reporter) by each attorney receiving a copy of the transcript
after that attorney receives notice of the designation of some or all of that transcript as
“CONFIDENTIAL.”

2.

Any document produced under Patent Rules 2-2, 3-2, and/or 3-4 before issuance of this
Order with the designation “Confidential” or “Confidential - Outside Attorneys’ Eyes
Only” shall receive the same treatment as if designated “RESTRICTED - ATTORNEYS’
EYES ONLY” under this Order, unless and until such document is redesignated to have a
different classification under this Order.

3.

With respect to documents, information or material designated “CONFIDENTIAL,
“RESTRICTED - ATTORNEYS’ EYES ONLY,” or “RESTRICTED CONFIDENTIAL

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SOURCE CODE” (“DESIGNATED MATERIAL”), 1 subject to the provisions herein and
unless otherwise stated, this Order governs, without limitation: (a) all documents,
electronically stored information, and/or things as defined by the Federal Rules of Civil
Procedure; (b) all pretrial, hearing or deposition testimony, or documents marked as
exhibits or for identification in depositions and hearings; (c) pretrial pleadings, exhibits to
pleadings and other court filings; (d) affidavits; and (e) stipulations. All copies,
reproductions, extracts, digests and complete or partial summaries prepared from any
DESIGNATED MATERIALS shall also be considered DESIGNATED MATERIAL and
treated as such under this Order.
4.

A designation of Protected Material (i.e., “CONFIDENTIAL,” “RESTRICTED ATTORNEYS’ EYES ONLY,” or “RESTRICTED CONFIDENTIAL SOURCE
CODE”) may be made at any time. Inadvertent or unintentional production of
documents, information or material that has not been designated as DESIGNATED
MATERIAL shall not be deemed a waiver in whole or in part of a claim for confidential
treatment. Any party that inadvertently or unintentionally produces Protected Material
without designating it as DESIGNATED MATERIAL may request destruction of that
Protected Material by notifying the recipient(s), as soon as reasonably possible after the
producing Party becomes aware of the inadvertent or unintentional disclosure, and
providing replacement Protected Material that is properly designated. The recipient(s)

1

The term DESIGNATED MATERIAL is used throughout this Protective Order to refer to the
class of materials designated as “CONFIDENTIAL,” “RESTRICTED - ATTORNEYS’ EYES
ONLY,” or “RESTRICTED CONFIDENTIAL SOURCE CODE,” both individually and
collectively.
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shall then destroy all copies of the inadvertently or unintentionally produced Protected
Materials and any documents, information or material derived from or based thereon.
5.

“CONFIDENTIAL” documents, information and material may be disclosed only to the
following persons, except upon receipt of the prior written consent of the designating
party, upon order of the Court, or as set forth in paragraph 12 herein:
(a)

outside counsel of record in this Action for the Parties;

(b)

employees of such counsel assigned to and reasonably necessary to assist such
counsel in the litigation of this Action;

(c)

in-house counsel (“in-house counsel” shall mean attorneys or full-time members
of the legal staff or the intellectual property department of a Party or of a Party’s
parents, subsidiaries, or commonly controlled companies, who are employed or
regularly retained by the Party or the Party’s parent, subsidiary, or commonly
controlled companies, and who as part of that employment participate in decisions
with reference to this Action);

(d)

outside consultants or experts (i.e., not existing employees or affiliates of a Party
or an affiliate of a Party) retained for the purpose of this litigation, provided that:
(1) such consultants or experts are not presently employed by the Parties hereto
for purposes other than this Action; (2) before access is given, the consultant or
expert has completed the Undertaking attached as Exhibit A hereto and the same
is served upon the producing Party with a current curriculum vitae of the
consultant or expert setting forth such person’s present residence and business
address(es), current employer and job title, and any company or companies by
which that person was employed during the past five years, a list of all current
consulting agreements or arrangements, and a list of all consulting agreements or
arrangements that said person entered into during the past five years, to the extent
it would not violate confidentiality obligations to disclose such past agreements or
arrangements, at least ten (10) days before access to the Protected Material is to
be given to that consultant or Undertaking to object to and notify the receiving
Party in writing that it objects to disclosure of Protected Material to the consultant
or expert. To the extent that the specific identification of a consultant’s or
expert’s client cannot be provided due to a confidentiality agreement, the Party
seeking to make the disclosure to the consultant or expert must provide sufficient
information such that the producing parties can reasonably assess any concerns
raised by the disclosure of confidential information to such consultant or expert.
The Parties agree to promptly confer and use good faith to resolve any such
objection. If the Parties are unable to resolve any objection, the objecting Party
may file a motion with the Court within fifteen (15) days of the notice, or within
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such other time as the Parties may agree, seeking a protective order with respect
to the proposed disclosure. The objecting Party shall have the burden of proving
the need for a protective order. No disclosure shall occur until all such objections
are resolved by agreement or Court order;
(e)

(f)
6.

independent litigation support services, including persons working for or as court
reporters, graphics or design services, jury or trial consulting services, and
photocopy, document imaging, and database services retained by counsel and
reasonably necessary to assist counsel with the litigation of this Action; and
the Court and its personnel.

A Party shall designate documents, information or material as “CONFIDENTIAL” only
upon a good faith belief that the documents, information or material contains confidential
or proprietary information or trade secrets of the Party or a Third Party to whom the Party
reasonably believes it owes an obligation of confidentiality with respect to such
documents, information or material.

7.

Documents, information or material produced pursuant to any discovery request in this
Action, including but not limited to Protected Material designated as DESIGNATED
MATERIAL, shall be used by the Parties only in the litigation of this Action and shall
not be used for any other purpose. Any person or entity who obtains access to
DESIGNATED MATERIAL or the contents thereof pursuant to this Order shall not
make any copies, duplicates, extracts, summaries or descriptions of such DESIGNATED
MATERIAL or any portion thereof except as may be reasonably necessary in the
litigation of this Action. Any such copies, duplicates, extracts, summaries or descriptions
shall be classified DESIGNATED MATERIALS and subject to all of the terms and
conditions of this Order.

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8.

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To the extent a producing Party believes that certain Protected Material qualifying to be
designated CONFIDENTIAL is so sensitive that its dissemination deserves even further
limitation, the producing Party may designate such Protected Material “RESTRICTED -ATTORNEYS’ EYES ONLY,” or to the extent such Protected Material includes
computer source code and/or live data (that is, data as it exists residing in a database or
databases) (“Source Code Material”), the producing Party may designate such Protected
Material as “RESTRICTED CONFIDENTIAL SOURCE CODE.”

9.

For Protected Material designated RESTRICTED -- ATTORNEYS’ EYES ONLY,
access to, and disclosure of, such Protected Material shall be limited to individuals listed
in paragraphs 5(a-b) and (d-f). Notwithstanding the preceding, Protected Material
designated RESTRICTED -- ATTORNEYS’ EYES ONLY that consists of financial
information relating to the Accused Instrumentalities and not technical information, may
be accessed by and disclosed to the individuals listed in paragraph 5(c).

10.

For Protected Material designated RESTRICTED CONFIDENTIAL SOURCE CODE,
the following additional restrictions apply:
(a)

Access to a Party’s Source Code Material shall be provided only on “stand-alone”
computer(s) (that is, the computer may not be linked to any network, including a
local area network (“LAN”), an intranet or the Internet). The stand-alone
computer(s) may be connected to (i) a printer, or (ii) a device capable of
temporarily storing electronic copies solely for the limited purposes permitted
pursuant to paragraphs 10 (h and k) below. Additionally, except as provided in
paragraph 10(k) below, the stand-alone computer(s) may only be located at the
offices of the producing Party’s outside counsel;

(b)

The receiving Party shall make reasonable efforts to restrict its requests for such
access to the stand-along computer(s) to normal business hours, which for
purposes of this paragraph shall be 8:00 a.m. through 6:00 p.m. However, upon
reasonable notice from the receiving party, the producing Party shall make
reasonable efforts to accommodate the receiving Party’s request for access to the
stand-alone computer(s) outside of normal business hours. The Parties agree to
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cooperate in good faith such that maintaining the producing Party’s Source Code
Material at the offices of its outside counsel shall not unreasonably hinder the
receiving Party’s ability to efficiently and effectively conduct the prosecution or
defense of this Action;
(c)

The producing Party shall provide the receiving Party with information explaining
how to start, log on to, and operate the stand-alone computer(s) in order to access
the produced Source Code Material on the stand-alone computer(s);

(d)

The producing Party will produce Source Code Material in computer searchable
format on the stand-alone computer(s) as described above;

(e)

Access to Protected Material designated RESTRICTED CONFIDENTIAL SOURCE CODE shall be limited to outside counsel and up to three (3) outside
consultants or (i.e., not existing employees or affiliates of a Party or an affiliate
of a Party) retained for the purpose of this litigation and approved to access such
Protected Materials pursuant to paragraph 5(e) above. A receiving Party may
include excerpts of Source Code Material in a pleading, exhibit, expert report,
discovery document, deposition transcript, other Court document, provided that
the Source Code Documents are appropriately marked under this Order, restricted
to those who are entitled to have access to them as specified herein, and, if filed
with the Court, filed under seal in accordance with the Court’s rules, procedures
and orders;

(f)

To the extent portions of Source Code Material are quoted in a Source Code
Document, either (1) the entire Source Code Document will be stamped and
treated as RESTRICTED CONFIDENTIAL SOURCE CODE or (2) those pages
containing quoted Source Code Material will be separately stamped and treated as
RESTRICTED CONFIDENTIAL SOURCE CODE;

(g)

Except as set forth in paragraph 10(k) below, no electronic copies of Source Code
Material shall be made without prior written consent of the producing Party,
except as necessary to create documents which, pursuant to the Court’s rules,
procedures and order, must be filed or served electronically;

(h)

The receiving Party shall be permitted to make a reasonable number of printouts
and photocopies of Source Code Material, all of which shall be designated and
clearly labeled “RESTRICTED CONFIDENTIAL SOURCE CODE,” and the
receiving Party shall maintain a log of all such files that are printed or
photocopied;

2

For the purposes of this paragraph, an outside consultant or expert is defined to include the
outside consultant’s or expert’s direct reports and other support personnel, such that the
disclosure to a consultant or expert who employs others within his or her firm to help in his or
her analysis shall count as a disclosure to a single consultant or expert.
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(i)

(j)

If the receiving Party’s outside counsel, consultants, or experts obtain printouts or
photocopies of Source Code Material, the receiving Party shall ensure that such
outside counsel, consultants, or experts keep the printouts or photocopies in a
secured locked area in the offices of such outside counsel, consultants, or expert.
The receiving Party may also temporarily keep the printouts or photocopies at: (i)
the Court for any proceedings(s) relating to the Source Code Material, for the
dates associated with the proceeding(s); (ii) the sites where any deposition(s)
relating to the Source Code Material are taken, for the dates associated with the
deposition(s); and (iii) any intermediate location reasonably necessary to transport
the printouts or photocopies (e.g., a hotel prior to a Court proceeding or
deposition); and

(k)

11.

Should such printouts or photocopies be transferred back to electronic media,
such media shall be labeled “RESTRICTED CONFIDENTIAL SOURCE CODE”
and shall continue to be treated as such;

A producing Party’s Source Code Material may only be transported by the
receiving Party at the direction of a person authorized under paragraph 10(e)
above to another person authorized under paragraph 10(e) above, on paper or
removable electronic media (e.g., a DVD, CD-ROM, or flash memory “stick”) via
hand carry, Federal Express or other similarly reliable courier. Source Code
Material may not be transported or transmitted electronically over a network of
any kind, including a LAN, an intranet, or the Internet. Source Code Material
may only be transported electronically for the purpose of Court proceeding(s) or
deposition(s) as set forth in paragraph 10(j) above and is at all times subject to the
transport restrictions set forth herein. But, for those purposes only, the Source
Code Materials may be loaded onto a stand-alone computer.

Any attorney representing a Party, whether in-house or outside counsel, and any person
associated with a Party and permitted to receive the other Party’s Protected Material that
is designated RESTRICTED -- ATTORNEYS’ EYES ONLY and/or RESTRICTED
CONFIDENTIAL SOURCE CODE (collectively “HIGHLY SENSITIVE
MATERIAL”), who obtains, receives, has access to, or otherwise learns, in whole or in
part, the other Party’s HIGHLY SENSITIVE MATERIAL comprising technical
information or data under this Order shall not prepare, prosecute, supervise, or assist in
the preparation or prosecution of any patent application pertaining to the field of the

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invention of the patents-in-suit on behalf of the receiving Party or its acquirer, successor,
predecessor, or other affiliate during the pendency of this Action and for one year after its
conclusion, including any appeals. To avoid doubt, the foregoing prosecution bar does
not apply to persons who obtain, receive, have access to, or otherwise learn, in whole or
in part, HIGHLY SENSITIVE MATERIAL which is financial information and not
technical information or data. To ensure compliance with the purpose of this provision,
each Party shall create an “Ethical Wall” between those persons with access to HIGHLY
SENSITIVE MATERIAL of a technical nature and any individuals who, on behalf of the
Party or its acquirer, successor, predecessor, or other affiliate, prepare, prosecute,
supervise or assist in the preparation or prosecution of any patent application pertaining
to the field of invention of the patent-in-suit.
12.

Nothing in this Order shall require production of documents, information or other
material that a Party contends is protected from disclosure by the attorney-client
privilege, the work product doctrine, or other privilege, doctrine, or immunity. If
documents, information or other material subject to a claim of attorney-client privilege,
work product doctrine, or other privilege, doctrine, or immunity is inadvertently or
unintentionally produced, such production shall in no way prejudice or otherwise
constitute a waiver of, or estoppel as to, any such privilege, doctrine, or immunity. Any
Party that inadvertently or unintentionally produces documents, information or other
material it reasonably believes are protected under the attorney-client privilege, work
product doctrine, or other privilege, doctrine, or immunity may obtain the return of such
documents, information or other material by promptly notifying the recipient(s) and

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providing a privilege log for the inadvertently or unintentionally produced documents,
information or other material. The recipient(s) shall gather and return all copies of such
documents, information or other material to the producing Party, except for any pages
containing privileged or otherwise protected markings by the recipient(s), which pages
shall instead be destroyed and certified as such to the producing Party.
13.

There shall be no disclosure of any DESIGNATED MATERIAL by any person
authorized to have access thereto to any person who is not authorized for such access
under this Order. The Parties are hereby ORDERED to safeguard all such documents,
information and material to protect against disclosure to any unauthorized persons or
entities.

14.

Nothing contained herein shall be construed to prejudice any Party’s right to use any
DESIGNATED MATERIAL in taking testimony at any deposition or hearing provided
that the DESIGNATED MATERIAL is only disclosed to a person(s) who is: (i) eligible
to have access to the DESIGNATED MATERIAL by virtue of his or her employment
with the designating party, (ii) identified in the DESIGNATED MATERIAL as an
author, addressee, or copy recipient of such information, (iii) although not identified as an
author, addressee, or copy recipient of such DESIGNATED MATERIAL, has, in the
ordinary course of business, seen such DESIGNATED MATERIAL, (iv) a current or
former officer, director or employee of the producing Party or a current or former officer,
director or employee of a company affiliated with the producing Party; (v) counsel for a
Party, including outside counsel and in-house counsel (subject to paragraph 9 of this
Order); (vi) an independent contractor, consultant, and/or expert retained for the purpose

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of this litigation; (vii) court reporters and videographers; (viii) the Court; or (ix) other
persons entitled hereunder to access to DESIGNATED MATERIAL. DESIGNATED
MATERIAL shall not be disclosed to any other persons unless prior authorization is
obtained from counsel representing the producing Party or from the Court.
15.

Parties may, at the deposition or hearing or within thirty (30) days after receipt of a
deposition or hearing transcript, designate the deposition or hearing transcript or any
portion thereof as “CONFIDENTIAL,” “RESTRICTED - ATTORNEY’ EYES ONLY,”
or “RESTRICTED CONFIDENTIAL SOURCE CODE” pursuant to this Order. Access
to the deposition or hearing transcript so designated shall be limited in accordance with
the terms of this Order. Until expiration of the 30-day period, the entire deposition or
hearing transcript shall be treated as confidential.

16.

Any DESIGNATED MATERIAL that is filed with the Court shall be filed under seal and
shall remain under seal until further order of the Court. The filing party shall be
responsible for informing the Clerk of the Court that the filing should be sealed and for
placing the legend “FILED UNDER SEAL PURSUANT TO PROTECTIVE ORDER”
above the caption and conspicuously on each page of the filing. Exhibits to a filing shall
conform to the labeling requirements set forth in this Order. If a pretrial pleading filed
with the Court, or an exhibit thereto, discloses or relies on confidential documents,
information or material, such confidential portions shall be redacted to the extent
necessary and the pleading or exhibit filed publicly with the Court.

17.

The Order applies to pretrial discovery. Nothing in this Order shall be deemed to prevent
the Parties from introducing any DESIGNATED MATERIAL into evidence at the trial of

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this Action, or from using any information contained in DESIGNATED MATERIAL at
the trial of this Action, subject to any pretrial order issued by this Court.
18.

A Party may request in writing to the other Party that the designation given to any
DESIGNATED MATERIAL be modified or withdrawn. If the designating Party does
not agree to redesignation within ten (10) days of receipt of the written request, the
requesting Party may apply to the Court for relief. Upon any such application to the
Court, the burden shall be on the designating Party to show why its classification is
proper. Such application shall be treated procedurally as a motion to compel pursuant to
Federal Rules of Civil Procedure 37, subject to the Rule’s provisions relating to
sanctions. In making such application, the requirements of the Federal Rules of Civil
Procedure and the Local Rules of the Court shall be met. Pending the Court’s
determination of the application, the designation of the designating Party shall be
maintained.

19.

Each outside consultant or expert to whom DESIGNATED MATERIAL is disclosed in
accordance with the terms of this Order shall be advised by counsel of the terms of this
Order, shall be informed that he or she is subject to the terms and conditions of this
Order, and shall sign an acknowledgment that he or she has received a copy of, has read,
and has agreed to be bound by this Order. A copy of the acknowledgment form is
attached as Appendix A.

20.

To the extent that any discovery is taken of persons who are not Parties to this Action
(“Third Parties”) and in the event that such Third Parties contended the discovery sought
involves trade secrets, confidential business information, or other proprietary

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information, then such Third Parties, pursuant to the terms of this Order shall be
protected by the remedies and relief provided by this Order.
21.

To the extent that discovery or testimony is taken of Third Parties, the Third Parties may
designate as “CONFIDENTIAL” or “RESTRICTED -- ATTORNEYS’ EYES ONLY”
any documents, information or other material, in whole or in part, produced or give by
such Third Parties. The Third Parties shall have ten (10) days after production of such
documents, information or other materials to make such a designation. Until that time
period lapses or until such a designation has been made, whichever occurs sooner, all
documents, information or other material so produced or given shall be treated as
“RESTRICTED – ATTORNEYS’ EYES ONLY” in accordance with this Order.

22.

Within thirty (30) days of final termination of this Action, including any appeals, all
DESIGNATED MATERIAL, including all copies, duplicates, abstracts, indexes,
summaries, descriptions, and excerpts or extracts thereof (excluding excerpts or extracts
incorporated into any privileged memoranda of the Parties and materials which have been
admitted into evidence in this Action), shall at the producing Party’s election either be
returned to the producing Party or be destroyed, except that any documents or copies
which contain, constitute or reflect attorney work product or attorney-client privileged
communications may be retained by counsel, subject to a continuing obligation to protect
DESIGNATED MATERIAL pursuant to this Protective Order. In addition, up to two
law firms of record for each party may retain one complete set of correspondence, work
product, expert reports, deposition transcripts, hearing transcripts, trial transcripts,
pleadings and any exhibits thereto, including motions, in the action and electronic copies

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of DESIGNATED MATERIAL created through the routine operation of counsel's
standard archival and backup procedures. The receiving Party shall verify the return or
destruction by affidavit furnished to the producing Party, upon the producing Party’s
request.
23.

The failure to designate documents, information or material in accordance with this Order
and the failure to object to a designation at a given time shall not preclude the filing of a
motion at a later date seeking to impose such designation or challenging the propriety
thereof. The entry of this Order and/or the production of documents, information and
material hereunder shall in no way constitute a waiver of any objection to the furnishing
thereof, all such objections being hereby preserved.

24.

Any Party knowing or believing that any other party is in violation of or intends to violate
this Order and has raised the question of violation or potential violation with the opposing
party and has been unable to resolve the matter by agreement may move the Court for
such relief as may be appropriate in the circumstances. Pending disposition of the motion
by the Court, the Party alleged to be in violation of or intending to violate this Order shall
discontinue the performance of and/or shall not undertake the further performance of any
action alleged to constitute a violation of this Order.

25.

Production of DESIGNATED MATERIAL by each of the Parties shall not be deemed a
publication of the documents, information and material (or the contents thereof) produced
so as to void or make voidable whatever claim the Parties may have as to the proprietary
and confidential nature of the documents, information or other material or its contents.

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26.

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Nothing in this Order shall be construed to effect an abrogation, waiver or limitation of
any kind on the rights of each of the Parties to assert any applicable discovery or trial
privilege.

27.

Each of the Parties shall also retain the right to file a motion with the Court (a) to modify
this Order to allow disclosure of DESIGNATED MATERIAL to additional persons or
entities if reasonably necessary to prepare and present this Action and (b) to apply for
additional protection of DESIGNATED MATERIAL.

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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION

LIGHT TRANSFORMATION
TECHNOLOGIES LLC
NO. 2:09-cv-00354-TJW-CE
v.
ANDERSON CUSTOM ELECTRONICS, INC.,
ET AL.

JURY

APPENDIX A
UNDERTAKING OF EXPERTS OR CONSULTANTS REGARDING
PROTECTIVE ORDER

I, ____________________________________________, declare that:
1.

My address is ___________________________________________________________.

My current employer is _________________________________________________________.
My current occupation is ________________________________________________________.
2.

I have received a copy of the Protective Order in this action. I have carefully read and
understand the provisions of the Protective Order.

3.

I will comply with all of the provisions of the Protective Order. I will hold in confidence,
will not disclose to anyone not qualified under the Protective Order, and will use only for
purposes

of this

action

any information

designated

as

“CONFIDENTIAL,”

“RESTRICTED -- ATTORNEYS’ EYES ONLY,” or “RESTRICTED CONFIDENTIAL
SOURCE CODE” that is disclosed to me.

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4.

Filed 06/22/10 Page 17 of 17

Promptly upon termination of these actions, I will return all documents and things
designated as “CONFIDENTIAL,” “RESTRICTED -- ATTORNEYS’ EYES ONLY,” or
“RESTRICTED CONFIDENTIAL SOURCE CODE” that came into my possession, and
all documents and things that I have prepared relating thereto, to the outside counsel for
the party by whom I am employed.

5.

I hereby submit to the jurisdiction of this Court for the purpose of enforcement of the
Protective Order in this action.
I declare under penalty of perjury that the foregoing is true and correct.

Signature ________________________________________
Date ____________________________________________

17