Find the Origin, Inc. v. Origin BV, No. 5:2023cv01424 - Document 51 (N.D. Cal. 2023)
Court Description: Order Granting ***AS MODIFIED BY THE COURT*** 44 Stipulated Proposed Order. Signed by Judge Susan van Keulen on 11/17/2023. (svklc1, COURT STAFF) (Filed on 11/17/2023)
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Find the Origin, Inc. v. Origin BV 1 2 3 4 5 Doc. 51 David Alan Makman SBN 178195 LAW OFFICES OF DAVID A. MAKMAN 483 Seaport Court, Suite 103 Redwood City, CA 94063 Telephone: (650) 242-1560 david@makmanlaw.com 11 Diana Siri Breaux, WSBA #46112 (pro hac vice pending) Selby P. Brown, WSBA #59303 (pro hac vice pending) Summit Law Group, PLLC 315 5th Ave. S., Ste. 1000 Seattle, WA 98104 Telephone: (206) 676-7000 Facsimile: (206) 676-7001 dianab@summitlaw.com selbyb@summitlaw.com 12 Attorneys for Defendant Origin B.V. 6 7 8 9 10 13 14 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 15 16 FIND THE ORIGIN, INC., 17 Plaintiff, 18 19 20 v. ORIGIN B.V., Defendant. 21 24 25 26 STIPULATED PROTECTIVE ORDER FOR LITIGATION INVOLVING PATENTS, HIGHLY SENSITIVE CONFIDENTIAL INFORMATION AND/OR TRADE SECRETS AS MODIFIED BY THE COURT Judge’s info: Hon. P. Casey Pitts Complaint Filed: March 27, 2023 22 23 5: CASE NO. 4:23-CV-01424-PCP 1. PURPOSES AND LIMITATIONS Disclosure and discovery activity in this action are likely to involve production of confidential, proprietary, or private information for which special protection from public STIPULATED PROTECTIVE ORDER FOR LITIGATION INVOLVING PATENTS, HIGHLY SENSITIVE CONFIDENTIAL INFORMATION AND/OR TRADE SECRETS - 1 CASE NO. 4:23-CV-01424-PCP 5: SUMMIT LAW GROUP, PLLC 315 FIFTH AVENUE SOUTH, SUITE 1000 SEATTLE, WASHINGTON 98104-2682 Telephone: (206) 676-7000 Fax: (206) 676-7001 Dockets.Justia.com 1 disclosure and from use for any purpose other than prosecuting this litigation may be warranted. 2 Accordingly, the parties hereby stipulate to and petition the court to enter the following Stipulated 3 Protective Order. The parties acknowledge that this Order does not confer blanket protections on 4 all disclosures or responses to discovery and that the protection it affords from public disclosure 5 and use extends only to the limited information or items that are entitled to confidential treatment 6 under the applicable legal principles. The parties further acknowledge, as set forth in Section 14.4, 7 below, that this Stipulated Protective Order does not entitle them to file confidential information 8 under seal; Civil Local Rule 79-5 sets forth the procedures that must be followed and the standards 9 that will be applied when a party seeks permission from the court to file material under seal. 10 11 12 13 2. DEFINITIONS 2.1 Challenging Party: a Party or Non-Party that challenges the designation of information or items under this Order. 2.2 “CONFIDENTIAL” Information or Items: information (regardless of how it is 14 generated, stored or maintained) or tangible things that qualify for protection under Federal Rule 15 of Civil Procedure 26(c). 16 17 18 19 20 2.3 Counsel (without qualifier): Outside Counsel of Record and House Counsel (as well as their support staff). 2.4 Designating Party: a Party or Non-Party that designates information or items that it produces in disclosures or in responses to discovery as “CONFIDENTIAL.” 2.5 Disclosure or Discovery Material: all items or information, regardless of the 21 medium or manner in which it is generated, stored, or maintained (including, among other things, 22 testimony, transcripts, and tangible things), that are produced or generated in disclosures or 23 responses to discovery in this matter. 24 2.6 Expert: a person with specialized knowledge or experience in a matter pertinent to 25 the litigation who (1) has been retained by a Party or its counsel to serve as an expert witness or as 26 a consultant in this action, (2) is not a past or current employee of a Party or of a Party’s STIPULATED PROTECTIVE ORDER FOR LITIGATION INVOLVING PATENTS, HIGHLY SENSITIVE CONFIDENTIAL INFORMATION AND/OR TRADE SECRETS - 2 CASE NO. 4:23-CV-01424-PCP SUMMIT LAW GROUP, PLLC 315 FIFTH AVENUE SOUTH, SUITE 1000 SEATTLE, WASHINGTON 98104-2682 Telephone: (206) 676-7000 Fax: (206) 676-7001 1 competitor, and (3) at the time of retention, is not anticipated to become an employee of a Party or 2 of a Party’s competitor. 2.7 3 4 Counsel does not include Outside Counsel of Record or any other outside counsel. 2.8 5 6 House Counsel: attorneys who are employees of a party to this action. House Non-Party: any natural person, partnership, corporation, association, or other legal entity not named as a Party to this action. 2.9 7 Outside Counsel of Record: attorneys who are not employees of a party to this 8 action but are, at the time of the disclosure of Confidential Information to such attorneys, retained 9 to represent a party as counsel of record in this action, or are affiliated with a law firm that is, at 10 the time of the disclosure of Confidential Information to such firm, counsel of record in this 11 action. 2.10 12 13 consultants, retained experts, and Outside Counsel of Record (and their support staffs). 2.11 14 15 Party: any party to this action, including all of its officers, directors, employees, Producing Party: a Party or Non-Party that produces Disclosure or Discovery Material in this action. 2.12 16 Professional Vendors: persons or entities that provide litigation support services 17 (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and 18 organizing, storing, or retrieving data in any form or medium) and their employees and 19 subcontractors. 2.13 20 21 Protected Material: any Disclosure or Discovery Material that is designated as “CONFIDENTIAL.” 2.14 22 Receiving Party: a Party that receives Disclosure or Discovery Material from a 23 Producing Party. 24 3. 25 26 SCOPE The protections conferred by this Stipulation and Order cover not only Protected Material (as defined above), but also (1) any information copied or extracted from Protected Material; STIPULATED PROTECTIVE ORDER FOR LITIGATION INVOLVING PATENTS, HIGHLY SENSITIVE CONFIDENTIAL INFORMATION AND/OR TRADE SECRETS - 3 CASE NO. 4:23-CV-01424-PCP SUMMIT LAW GROUP, PLLC 315 FIFTH AVENUE SOUTH, SUITE 1000 SEATTLE, WASHINGTON 98104-2682 Telephone: (206) 676-7000 Fax: (206) 676-7001 1 (2) all copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony, 2 conversations, or presentations by Parties or their Counsel that might reveal Protected Material. 3 However, the protections conferred by this Stipulation and Order do not cover the following 4 information: (a) any information that is in the public domain at the time of disclosure to a 5 Receiving Party or becomes part of the public domain after its disclosure to a Receiving Party as a 6 result of publication not involving a violation of this Order, including becoming part of the public 7 record through trial or otherwise; and (b) any information known to the Receiving Party prior to 8 the disclosure or obtained by the Receiving Party after the disclosure from a source who obtained 9 the information lawfully and under no obligation of confidentiality to the Designating Party. Any 10 use of Protected Material at trial shall be governed by a separate agreement or order. 11 4. DURATION Even after final disposition of this litigation, the confidentiality obligations imposed by this 12 13 Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order 14 otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims 15 and defenses in this action, with or without prejudice; and (2) final judgment herein after the 16 completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, 17 including the time limits for filing any motions or applications for extension of time pursuant to 18 applicable law. 19 5. 20 DESIGNATING PROTECTED MATERIAL 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party 21 or Non-Party that designates information or items for protection under this Order must take care to 22 limit any such designation to specific material that qualifies under the appropriate standards. To 23 the extent it is practical to do so, the Designating Party must designate for protection only those 24 parts of material, documents, items, or oral or written communications that qualify – so that other 25 portions of the material, documents, items, or communications for which protection is not 26 warranted are not swept unjustifiably within the ambit of this Order. STIPULATED PROTECTIVE ORDER FOR LITIGATION INVOLVING PATENTS, HIGHLY SENSITIVE CONFIDENTIAL INFORMATION AND/OR TRADE SECRETS - 4 CASE NO. 4:23-CV-01424-PCP SUMMIT LAW GROUP, PLLC 315 FIFTH AVENUE SOUTH, SUITE 1000 SEATTLE, WASHINGTON 98104-2682 Telephone: (206) 676-7000 Fax: (206) 676-7001 1 Mass, indiscriminate, or routinized designations are prohibited. Designations that are 2 shown to be clearly unjustified or that have been made for an improper purpose (e.g., to 3 unnecessarily encumber or retard the case development process or to impose unnecessary 4 expenses and burdens on other parties) expose the Designating Party to sanctions. 5 If it comes to a Designating Party’s attention that information or items that it designated 6 for protection do not qualify for protection at all or do not qualify for the level of protection 7 initially asserted, that Designating Party must promptly notify all other parties that it is 8 withdrawing the mistaken designation. 9 5.2 Manner and Timing of Designations. Except as otherwise provided in this Order 10 (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered, 11 Disclosure or Discovery Material that qualifies for protection under this Order must be clearly so 12 designated before the material is disclosed or produced. Designation in conformity with this Order 13 requires: 14 (a) for information in documentary form (e.g., paper or electronic documents, but 15 excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing Party 16 affix the legend “CONFIDENTIAL” to each page that contains protected material. If only a 17 portion or portions of the material on a page qualifies for protection, the Producing Party also must 18 clearly identify the protected portion(s) (e.g., by making appropriate markings in the margins) and 19 must specify, for each portion, the level of protection being asserted. 20 (b) for testimony given in deposition or in other pretrial or trial proceedings, the 21 Designating Party may invoke on the record (before the deposition, hearing, or other proceeding is 22 concluded) a right to have up to 21 days to identify the specific portions of the testimony as to 23 which protection is sought and to specify the level of protection being asserted. Only those 24 portions of the testimony that are appropriately designated for protection within the 21 days shall 25 be covered by the provisions of this Stipulated Protective Order. Alternatively, a Designating 26 STIPULATED PROTECTIVE ORDER FOR LITIGATION INVOLVING PATENTS, HIGHLY SENSITIVE CONFIDENTIAL INFORMATION AND/OR TRADE SECRETS - 5 CASE NO. 4:23-CV-01424-PCP SUMMIT LAW GROUP, PLLC 315 FIFTH AVENUE SOUTH, SUITE 1000 SEATTLE, WASHINGTON 98104-2682 Telephone: (206) 676-7000 Fax: (206) 676-7001 1 Party may specify, at the deposition or up to 21 days afterwards if that period is properly invoked, 2 that the entire transcript shall be treated as “CONFIDENTIAL.” Parties shall give the other parties notice if they reasonably expect a deposition, hearing, or 3 4 other proceeding to include Protected Material so that the other parties can ensure that only 5 authorized individuals who have signed the “Acknowledgment and Agreement to Be Bound” 6 (Exhibit A) are present at those proceedings. The use of a document as an exhibit at a deposition 7 shall not in any way affect its designation as “CONFIDENTIAL.” Transcripts containing Protected Material shall have an obvious legend on the title page 8 9 that the transcript contains Protected Material, and the title page shall be followed by a list of all 10 pages (including line numbers as appropriate) that have been designated as Protected Material and 11 the level of protection being asserted by the Designating Party. The Designating Party shall inform 12 the court reporter of these requirements. Any transcript that is prepared before the expiration of a 13 21-day period for designation shall be treated during that period as if it had been designated 14 “CONFIDENTIAL” in its entirety unless otherwise agreed. After the expiration of that period, the 15 transcript shall be treated only as actually designated. 5.3 16 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to 17 designate qualified information or items does not, standing alone, waive the Designating Party’s 18 right to secure protection under this Order for such material. Upon timely correction of a 19 designation, the Receiving Party must make reasonable efforts to assure that the material is treated 20 in accordance with the provisions of this Order. 21 6. 22 CHALLENGING CONFIDENTIALITY DESIGNATIONS 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of 23 confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality 24 designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic 25 burdens, or a significant disruption or delay of the litigation, a Party does not waive its right to 26 STIPULATED PROTECTIVE ORDER FOR LITIGATION INVOLVING PATENTS, HIGHLY SENSITIVE CONFIDENTIAL INFORMATION AND/OR TRADE SECRETS - 6 CASE NO. 4:23-CV-01424-PCP SUMMIT LAW GROUP, PLLC 315 FIFTH AVENUE SOUTH, SUITE 1000 SEATTLE, WASHINGTON 98104-2682 Telephone: (206) 676-7000 Fax: (206) 676-7001 1 challenge a confidentiality designation by electing not to mount a challenge promptly after the 2 original designation is disclosed. 6.2 3 Meet and Confer. The Challenging Party shall initiate the dispute resolution 4 process by providing written notice of each designation it is challenging and describing the basis 5 for each challenge. To avoid ambiguity as to whether a challenge has been made, the written 6 notice must recite that the challenge to confidentiality is being made in accordance with this 7 specific paragraph of the Protective Order. The parties shall attempt to resolve each challenge in 8 good faith and must begin the process by conferring directly (in voice to voice dialogue; other 9 forms of communication are not sufficient) within 14 days of the date of service of notice. In 10 conferring, the Challenging Party must explain the basis for its belief that the confidentiality 11 designation was not proper and must give the Designating Party an opportunity to review the 12 designated material, to reconsider the circumstances, and, if no change in designation is offered, to 13 explain the basis for the chosen designation. A Challenging Party may proceed to the next stage of 14 the challenge process only if it has engaged in this meet and confer process first or establishes that 15 the Designating Party is unwilling to participate in the meet and confer process in a timely 16 manner. 17 18 19 6.3 Judicial Intervention. If the Parties cannot resolve a challenge without court they must submit the dispute in accordance with Judge van Keulen's Civil and Discovery intervention, the Designating Party shall file and serve a motion to retain confidentiality under Referral Matters Standing Order Civil Local Rule 7 (and in compliance with Civil Local Rule 79-5, if applicable) within 21 days of 22 the initial notice of challenge or within 14 days of the parties agreeing that the meet and confer joint submission must process will not resolve their dispute, whichever is earlier. 1 Each such motion must be affirm that the Parties have accompanied by a competent declaration affirming that the movant has complied with the meet 23 and confer requirements imposed in the preceding paragraph. Failure by the Designating Party to 20 21 24 25 26 Alternative: It may be appropriate in certain circumstances for the parties to agree to shift the burden to move on the Challenging Party after a certain number of challenges are made to avoid an abuse of the process. The burden of persuasion would remain on the Designating Party. 1 STIPULATED PROTECTIVE ORDER FOR LITIGATION INVOLVING PATENTS, HIGHLY SENSITIVE CONFIDENTIAL INFORMATION AND/OR TRADE SECRETS - 7 CASE NO. 4:23-CV-01424-PCP SUMMIT LAW GROUP, PLLC 315 FIFTH AVENUE SOUTH, SUITE 1000 SEATTLE, WASHINGTON 98104-2682 Telephone: (206) 676-7000 Fax: (206) 676-7001 1 2 3 initiate such a joint submission make such a motion including the required declaration within 21 days (or 14 days, if applicable) shall automatically waive the confidentiality designation for each challenged designation. In initiate a joint submission addition, the Challenging Party may file a motion challenging a confidentiality designation at any 6 time if there is good cause for doing so, including a challenge to the designation of a deposition joint submission made transcript or any portions thereof. Any motion brought pursuant to this provision must be affirm that the Parties have accompanied by a competent declaration affirming that the movant has complied with the meet 7 and confer requirements imposed by the preceding paragraph. 4 5 The burden of persuasion in any such challenge proceeding shall be on the Designating 8 9 Party. Frivolous challenges and those made for an improper purpose (e.g., to harass or impose 10 unnecessary expenses and burdens on other parties) may expose the Challenging Party to 11 12 sanctions. Unless the Designating Party has waived the confidentiality designation by failing to initiate a joint submission seeking file a motion to retain confidentiality as described above, all parties shall continue to afford the 13 material in question the level of protection to which it is entitled under the Producing Party’s 14 designation until the court rules on the challenge. 15 7. ACCESS TO AND USE OF PROTECTED MATERIAL 7.1 16 Basic Principles. A Receiving Party may use Protected Material that is disclosed or 17 produced by another Party or by a Non-Party in connection with this case only for prosecuting, 18 defending, or attempting to settle this litigation. Such Protected Material may be disclosed only to 19 the categories of persons and under the conditions described in this Order. When the litigation has 20 been terminated, a Receiving Party must comply with the provisions of section 15 below (FINAL 21 DISPOSITION). Protected Material must be stored and maintained by a Receiving Party at a location and in 22 23 a secure manner2 that ensures that access is limited to the persons authorized under this Order. 24 25 26 It may be appropriate under certain circumstances to require the Receiving Party to store any electronic Protected Material in password-protected form. 2 STIPULATED PROTECTIVE ORDER FOR LITIGATION INVOLVING PATENTS, HIGHLY SENSITIVE CONFIDENTIAL INFORMATION AND/OR TRADE SECRETS - 8 CASE NO. 4:23-CV-01424-PCP SUMMIT LAW GROUP, PLLC 315 FIFTH AVENUE SOUTH, SUITE 1000 SEATTLE, WASHINGTON 98104-2682 Telephone: (206) 676-7000 Fax: (206) 676-7001 1 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered 2 by the court or permitted in writing by the Designating Party, a Receiving Party may disclose any 3 information or item designated “CONFIDENTIAL” only to: 4 (a) the Receiving Party’s Outside Counsel of Record in this action, as well as 5 employees of said Outside Counsel of Record to whom it is reasonably necessary to disclose the 6 information for this litigation and who have signed the “Acknowledgment and Agreement to Be 7 Bound” that is attached hereto as Exhibit A; 8 9 10 11 (b) the officers, directors, consultants, and employees (including House Counsel) of the Receiving Party to whom disclosure is reasonably necessary for this litigation and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is 12 reasonably necessary for this litigation and who have signed the “Acknowledgment and 13 Agreement to Be Bound” (Exhibit A); 14 (d) the court and its personnel; 15 (e) court reporters and their staff, professional jury or trial consultants, and 16 Professional Vendors to whom disclosure is reasonably necessary for this litigation and who have 17 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 18 (f) during their depositions, witnesses in the action to whom disclosure is reasonably 19 necessary and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A), 20 unless otherwise agreed by the Designating Party or ordered by the court. Pages of 21 transcribed deposition testimony or exhibits to depositions that reveal Protected Material must be 22 separately bound by the court reporter and may not be disclosed to anyone except as permitted 23 under this Stipulated Protective Order; 24 25 (g) the author or recipient of a document containing the information or a custodian or other person who otherwise possessed or knew the information; and 26 STIPULATED PROTECTIVE ORDER FOR LITIGATION INVOLVING PATENTS, HIGHLY SENSITIVE CONFIDENTIAL INFORMATION AND/OR TRADE SECRETS - 9 CASE NO. 4:23-CV-01424-PCP SUMMIT LAW GROUP, PLLC 315 FIFTH AVENUE SOUTH, SUITE 1000 SEATTLE, WASHINGTON 98104-2682 Telephone: (206) 676-7000 Fax: (206) 676-7001 (h) 1 any mediator or settlement officer, and their supporting personnel, mutually agreed 2 upon by any Parties engaged in settlement discussion. 3 8. SOURCE CODE (a) 4 To the extent production of source code becomes necessary in this case, a 5 subsequent protective order providing for further enhanced protections of source code must be in 6 place before any party can be required to produce source code. 7 9. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER LITIGATION 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 If a Party is served with a subpoena or a court order issued in other litigation that compels disclosure of any information or items designated in this action as “CONFIDENTIAL,” that Party must: (a) promptly notify in writing the Designating Party. Such notification shall include a copy of the subpoena or court order; (b) promptly notify in writing the party who caused the subpoena or order to issue in the other litigation that some or all of the material covered by the subpoena or order is subject to this Protective Order. Such notification shall include a copy of this Stipulated Protective Order; and (c) cooperate with respect to all reasonable procedures sought to be pursued by the Designating Party whose Protected Material may be affected. 3 If the Designating Party timely seeks a protective order, the Party served with the subpoena or court order shall not produce any information designated in this action as “CONFIDENTIAL” before a determination by the court from which the subpoena or order issued, unless the Party has obtained the Designating Party’s permission. The Designating Party shall bear the burden and expense of seeking protection in that court of its confidential material – and nothing in these The purpose of imposing these duties is to alert the interested parties to the existence of this Protective Order and to afford the Designating Party in this case an opportunity to try to protect its confidentiality interests in the court from which the subpoena or order issued. 3 STIPULATED PROTECTIVE ORDER FOR LITIGATION INVOLVING PATENTS, HIGHLY SENSITIVE CONFIDENTIAL INFORMATION AND/OR TRADE SECRETS - 10 CASE NO. 4:23-CV-01424-PCP SUMMIT LAW GROUP, PLLC 315 FIFTH AVENUE SOUTH, SUITE 1000 SEATTLE, WASHINGTON 98104-2682 Telephone: (206) 676-7000 Fax: (206) 676-7001 1 provisions should be construed as authorizing or encouraging a Receiving Party in this action to 2 disobey a lawful directive from another court. 3 10. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS LITIGATION (a) The terms of this Order are applicable to information produced by a Non-Party in this action and designated as “CONFIDENTIAL.” Such information produced by Non-Parties in connection with this litigation is protected by the remedies and relief provided by this Order. Nothing in these provisions should be construed as prohibiting a Non-Party from seeking additional protections. (b) In the event that a Party is required, by a valid discovery request, to produce a Non- Party’s confidential information in its possession, and the Party is subject to an agreement with the Non-Party not to produce the Non-Party’s confidential information, then the Party shall: 1. promptly notify in writing the Requesting Party and the Non-Party that some or all of the information requested is subject to a confidentiality agreement with a NonParty; 2. promptly provide the Non-Party with a copy of the Stipulated Protective Order in this litigation, the relevant discovery request(s), and a reasonably specific description of the information requested; and 3. (c) make the information requested available for inspection by the Non-Party. If the Non-Party fails to object or seek a protective order from this court within 14 days of receiving the notice and accompanying information, the Receiving Party may produce the Non-Party’s confidential information responsive to the discovery request. If the Non-Party timely seeks a protective order, the Receiving Party shall not produce any information in its possession or control that is subject to the confidentiality agreement with the Non-Party before a determination 25 26 STIPULATED PROTECTIVE ORDER FOR LITIGATION INVOLVING PATENTS, HIGHLY SENSITIVE CONFIDENTIAL INFORMATION AND/OR TRADE SECRETS - 11 CASE NO. 4:23-CV-01424-PCP SUMMIT LAW GROUP, PLLC 315 FIFTH AVENUE SOUTH, SUITE 1000 SEATTLE, WASHINGTON 98104-2682 Telephone: (206) 676-7000 Fax: (206) 676-7001 1 by the court.4 Absent a court order to the contrary, the Non-Party shall bear the burden and 2 expense of seeking protection in this court of its Protected Material. 3 11. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected 4 5 Material to any person or in any circumstance not authorized under this Stipulated Protective 6 Order, the Receiving Party must immediately (a) notify in writing the Designating Party of the 7 unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized copies of the Protected 8 Material, (c) inform the person or persons to whom unauthorized disclosures were made of all the 9 terms of this Order, and (d) request such person or persons to execute the “Acknowledgment and 10 Agreement to Be Bound” that is attached hereto as Exhibit A. 11 12. 12 13 14 15 16 17 18 19 20 21 22 23 INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED MATERIAL If information is produced in discovery that is subject to a claim of privilege or of protection as trial-preparation material, the party making the claim may notify any party that received the information of the claim and the basis for it. After being notified, a party must promptly return or destroy the specified information and any copies it has and may not sequester, use or disclose the information until the claim is resolved. This includes a restriction against presenting the information to the court for a determination of the claim. This provision is not intended to modify whatever procedure may be established in an e-discovery order that provides for production without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure of a communication or information covered by the attorney-client privilege or work product protection, the parties may incorporate their agreement in the stipulated protective order submitted to the court. 24 25 26 The purpose of this provision is to alert the interested parties to the existence of confidentiality rights of a NonParty and to afford the Non-Party an opportunity to protect its confidentiality interests in this court. 4 STIPULATED PROTECTIVE ORDER FOR LITIGATION INVOLVING PATENTS, HIGHLY SENSITIVE CONFIDENTIAL INFORMATION AND/OR TRADE SECRETS - 12 CASE NO. 4:23-CV-01424-PCP SUMMIT LAW GROUP, PLLC 315 FIFTH AVENUE SOUTH, SUITE 1000 SEATTLE, WASHINGTON 98104-2682 Telephone: (206) 676-7000 Fax: (206) 676-7001 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 13. MISCELLANEOUS 13.1 Right to Further Relief. Nothing in this Order abridges the right of any person to seek its modification by the court in the future. 13.2 Right to Assert Other Objections. By stipulating to the entry of this Protective Order, no Party waives any right it otherwise would have to object to disclosing or producing any information or item on any ground not addressed in this Stipulated Protective Order. Similarly, no Party waives any right to object on any ground to use in evidence of any of the material covered by this Protective Order. 13.3 Filing Protected Material. Without written permission from the Designating Party or a court order secured after appropriate notice to all interested persons, a Party may not file in the public record in this action any Protected Material. A Party that seeks to file under seal any Protected Material must comply with Civil Local Rule 79-5. Protected Material may only be filed under seal pursuant to a court order authorizing the sealing of the specific Protected Material at issue. Pursuant to Civil Local Rule 79-5, a sealing order will issue only upon a request establishing that the Protected Material at issue is privileged, protectable as a trade secret, or otherwise entitled to protection under the law. If a Receiving Party's request to file Protected Material under seal pursuant to Civil Local Rule 79-5 is denied by the court, then the Receiving Party may file the Protected Material in the public record pursuant to Civil Local Rule 79-5 unless otherwise instructed by the court. 14. FINAL DISPOSITION Within 60 days after the final disposition of this action, as defined in Section 4, each Receiving Party must return all Protected Material to the Producing Party or destroy such material. As used in this subdivision, “all Protected Material” includes all copies, abstracts, compilations, summaries, and any other format reproducing or capturing any of the Protected Material. Whether the Protected Material is returned or destroyed, the Receiving Party must submit a written certification to the Producing Party (and, if not the same person or entity, to the Designating Party) STIPULATED PROTECTIVE ORDER FOR LITIGATION INVOLVING PATENTS, HIGHLY SENSITIVE CONFIDENTIAL INFORMATION AND/OR TRADE SECRETS - 13 CASE NO. 4:23-CV-01424-PCP SUMMIT LAW GROUP, PLLC 315 FIFTH AVENUE SOUTH, SUITE 1000 SEATTLE, WASHINGTON 98104-2682 Telephone: (206) 676-7000 Fax: (206) 676-7001 1 by the 60-day deadline that (1) identifies (by category, where appropriate) all the Protected 2 Material that was returned or destroyed and (2) affirms that the Receiving Party has not retained 3 any copies, abstracts, compilations, summaries or any other format reproducing or capturing any 4 of the Protected Material. Notwithstanding this provision, Counsel are entitled to retain an archival 5 copy of all pleadings, motion papers, trial, deposition and hearing transcripts, legal memoranda, 6 correspondence, deposition and trial exhibits, expert reports, attorney work product, and 7 consultant and expert work product, even if such materials contain Protected Material. Any such 8 archival copies that contain or constitute Protected Material remain subject to this Protective Order 9 as set forth in Section 4. 10 11 12 13 14 15 16 17 18 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. DATED: October 19, 2023 /s/ Duy Thai Attorneys for Plaintiff DATED: October 19, 2023 /s/ Selby P. Brown Attorneys for Defendant PURSUANT TO STIPULATION, IT IS SO ORDERED. November 17, 2023 DATED: ________________________ _____________________________________ Susan van Keulen United States Magistrate Judge 19 20 21 22 23 24 25 26 STIPULATED PROTECTIVE ORDER FOR LITIGATION INVOLVING PATENTS, HIGHLY SENSITIVE CONFIDENTIAL INFORMATION AND/OR TRADE SECRETS - 14 CASE NO. 4:23-CV-01424-PCP SUMMIT LAW GROUP, PLLC 315 FIFTH AVENUE SOUTH, SUITE 1000 SEATTLE, WASHINGTON 98104-2682 Telephone: (206) 676-7000 Fax: (206) 676-7001 EXHIBIT A 1 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, _____________________________ [print or type full name], of _________________ 4 [print or type full address], declare under penalty of perjury that I have read in its entirety and 5 understand the Stipulated Protective Order that was issued by the United States District Court for 6 the Northern District of California on ___________, 2023 in the case of Find the Origin, Inc. v. 7 Origin B.V., Case No. 4:23-CV-01424-PCP (N.D. Cal.). I agree to comply with and to be bound 8 by all the terms of this Stipulated Protective Order and I understand and acknowledge that failure 9 to so comply could expose me to sanctions and punishment in the nature of contempt. I solemnly 10 promise that I will not disclose in any manner any information or item that is subject to this 11 Stipulated Protective Order to any person or entity except in strict compliance with the provisions 12 of this Order. 13 I further agree to submit to the jurisdiction of the United States District Court for the 14 Northern District of California for the purpose of enforcing the terms of this Stipulated Protective 15 Order, even if such enforcement proceedings occur after termination of this action. 16 I hereby appoint __________________________ [print or type full name] of 17 _______________________________________ [print or type full address and telephone number] 18 as my California agent for service of process in connection with this action or any proceedings 19 related to enforcement of this Stipulated Protective Order. 20 21 22 23 24 25 Date: _________________________________ City and State where sworn and signed: _________________________________ Printed name: ______________________________ [printed name] Signature: __________________________________ [signature] 26 STIPULATED PROTECTIVE ORDER FOR LITIGATION INVOLVING PATENTS, HIGHLY SENSITIVE CONFIDENTIAL INFORMATION AND/OR TRADE SECRETS - 15 CASE NO. 4:23-CV-01424-PCP SUMMIT LAW GROUP, PLLC 315 FIFTH AVENUE SOUTH, SUITE 1000 SEATTLE, WASHINGTON 98104-2682 Telephone: (206) 676-7000 Fax: (206) 676-7001
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