The Regents of the University of California et al v. Affymetrix, Inc. et al, No. 3:2017cv01394 - Document 79 (S.D. Cal. 2017)
Court Description: ORDER Granting 78 Joint Motion for a Protective Order. Signed by Judge Marilyn L. Huff on 12/15/2017. (jjg)
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The Regents of the University of California et al v. Affymetrix, Inc. et al Doc. 79 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 12 13 THE REGENTS OF THE UNIVERSITY OF CALIFORNIA; and BECTON, DICKINSON and COMPANY, Case No.: 17-cv-01394-H-NLS ORDER GRANTING JOINT MOTION FOR A PROTECTIVE ORDER Plaintiffs, 14 15 v. 16 AFFYMETRIX, INC.; and LIFE TECHNOLOGIES CORP., 17 [Doc. No. 78.] Defendants. 18 19 On December 13, 2017, the parties filed a joint motion for entry of a protective order. 20 (Doc. No. 78.) For good cause shown, the Court grants the parties’ joint motion and enters 21 the following protective order: 22 23 24 25 26 The Court recognizes that at least some of the documents and information (“materials”) being sought through discovery in the above-captioned action are, for competitive reasons, normally kept confidential by the parties. The Regents of the University of California (“Regents”), Becton Dickinson and Company (“BD”), Affymetrix, Inc. (“Affymetrix”), and Life Technologies Corp. (“Life Technologies”) 27 28 1 17-cv-01394-H-NLS Dockets.Justia.com 1 (collectively, “the parties”) have agreed to be bound by the terms of this Protective Order 2 (“Order”) in this action. 3 The materials to be exchanged throughout the course of the litigation between the 4 parties, and expected to be produced by third parties, may contain trade secret or other 5 confidential research, technical, cost, price, marketing or other commercial information, as 6 is contemplated by Federal Rule of Civil Procedure 26(c)(7). The purpose of this Order is 7 to protect the confidentiality of such materials as much as practical during the litigation. 8 THEREFORE: 9 DEFINITIONS 10 1. The term “Confidential Information” will mean information, documents, 11 discovery responses, or testimony designated by any party or third party as 12 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – OUTSIDE COUNSEL ONLY” 13 pursuant to the terms of this Order, including summaries, compilations, and any and all 14 reproductions thereof. 15 2. The term “outside counsel” will mean outside counsel of record, and other 16 attorneys, non-attorney technical specialists, paralegals, secretaries, and other support staff 17 employed by the law firms of counsel of record. The term “outside counsel” shall not 18 include any in-house attorneys or other legal personnel employed by the parties. 19 3. The term “designated in-house counsel” will mean in-house counsel who have 20 been designated by the receiving party and approved by the producing party to have access 21 to 22 CONFIDENTIAL – OUTSIDE COUNSEL ONLY” subject to the provisions of this 23 Protective Order. 24 information A. or documents designated “CONFIDENTIAL” or “HIGHLY Each party may identify one designated in-house counsel. For purposes of 25 this paragraph 3A, parties under common ownership shall be considered a 26 single party. 27 28 B. The ability of proposed designated in-house counsel to receive any Confidential Information will be subject to the advance approval by the 2 17-cv-01394-H-NLS 1 producing party or by permission of the Court. The party seeking approval of 2 designated in-house counsel to receive Confidential Information must provide 3 the producing party with the name and summary of job responsibilities for 4 proposed designated in-house counsel, and an executed copy of the 5 undertaking attached hereto as Attachment A, in advance of providing any 6 Confidential Information of the producing party to designated in-house 7 counsel. The summary of job responsibilities must identify, at minimum, the 8 proposed designated in-house counsel’s: 1) title; 2) primary job 9 responsibilities; 3) place within the business’s organization; 4) responsibilities 10 (if any) with respect to U.S. or foreign patent prosecution; 5) responsibilities 11 (if any) with respect to post-grant proceedings, including claim amendments, 12 in any patent office; and 6) responsibilities (if any) related to competitive 13 decision-making (including decisions about pricing, business strategy, or 14 product design or development). 15 C. Any objection by the producing party to designated in-house counsel 16 receiving Confidential Information must be made in writing within 7 calendar 17 days following receipt of the identification of proposed designated in-house 18 counsel. Confidential Information may be disclosed to designated in-house 19 counsel if the 7-day period has passed and no objection has been made. The 20 approval of designated in-house counsel must not be unreasonably withheld. 21 D. If a producing party objects in writing to proposed designated in-house 22 counsel, the producing party will have 7 calendar days from the date of that 23 objection to file a motion with the court seeking an order to prevent disclosure 24 of its Confidential Information to proposed designated in-house counsel of the 25 receiving party. Confidential Information may be disclosed to designated in- 26 house counsel if the 7-day period has passed and no motion has been filed. 27 28 E. A party may substitute designated in-house counsel should the need arise during the pendency of the case. Proposed substitute designated in-house 3 17-cv-01394-H-NLS 1 counsel shall be qualified pursuant to the same procedure described in 2 paragraphs B-D above. Upon completion of the qualification process, prior 3 designated in-house counsel shall no longer qualify as designated in-house 4 counsel and must transfer to substitute designated in-house counsel, or 5 destroy, all Confidential Information in his or her possession that under this 6 Order may only be in the possession of designated in-house counsel. 7 8 GENERAL PROVISIONS 4. Each party to this litigation and any third party subpoenaed pursuant to Fed. 9 R. Civ. P. 45 that produces or discloses any documents or information that the producing 10 party believes should be subject to this Protective Order may designate the same as 11 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – OUTSIDE COUNSEL ONLY.” 12 A. 13 information as “CONFIDENTIAL” if, in the good faith belief of such party 14 and its outside counsel or designated in-house counsel, the unrestricted 15 disclosure of such information could be potentially prejudicial to the business 16 or operations of such party or if the document is subject to confidentiality 17 obligations owed to a third party. 18 B. 19 ONLY”: Any producing party may designate information as “HIGHLY 20 CONFIDENTIAL – OUTSIDE COUNSEL ONLY” if, in the good faith belief 21 of such party and its outside counsel or designated in-house counsel, 22 disclosure of the information is likely to cause competitive harm to the 23 disclosing party, and embodies, contains, or reflects: Designation as “CONFIDENTIAL”: Any party may designate Designation as “HIGHLY CONFIDENTIAL – OUTSIDE COUNSEL 24 (a) 25 including documents relating thereto; 26 (b) customer lists; 27 (c) highly 28 commercialization; confidential commercial contracts and licenses with a third party, sensitive plans for future market or future 4 17-cv-01394-H-NLS 1 (d) highly sensitive financial or competitive information; 2 (e) trade secret information reflecting the chemical structure of 3 products, or manufacturing procedures; 4 (f) 5 design, research, development, testing, or manufacturing. 6 5. other trade secret or other information that concerns product In the event the producing party elects to produce materials for inspection, no 7 marking need be made by the producing party in advance of the initial inspection. For 8 purposes of the initial inspection, all materials produced, or photographs or other 9 recordings of items provided for inspection, will be considered as “HIGHLY 10 CONFIDENTIAL – OUTSIDE COUNSEL ONLY” and must be treated as such pursuant 11 to the terms of this Order. Thereafter, upon selection of specified materials for copying by 12 the inspecting party, the producing party must, within a reasonable time prior to producing 13 those materials to the inspecting party, mark the copies of those materials that contain 14 Confidential Information with the appropriate confidentiality marking or communicate its 15 designation of any photographs or recordings of items provided for inspection. 16 17 18 6. Whenever a deposition taken on behalf of any party involves a disclosure of Confidential Information of any party: a. the deposition or portions of the deposition must be designated as 19 containing Confidential Information subject to the provisions of this Order; such 20 designation may be made on the record where practicable, but a party may designate 21 portions of depositions as containing Confidential Information after transcription of 22 the proceedings. A producing party will have until 30 calendar days after receipt of 23 a final certified copy of the deposition transcript to inform the other party or parties 24 to the action of the portions of the transcript, identified by page and line number, to 25 be designated “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – OUTSIDE 26 COUNSEL ONLY.” For depositions occurring prior to the date of this order, a 27 producing party will have until 30 days after the entry of this order to make such 28 designations. 5 17-cv-01394-H-NLS 1 b. the producing party will have the right to exclude from attendance at 2 the deposition, during such time as any Confidential Information is to be disclosed, 3 any person other than the deponent, to whom disclosure of such Confidential 4 Information is not permitted under this Order; and 5 c. the originals of the deposition transcripts and all copies of the 6 deposition 7 CONFIDENTIAL – OUTSIDE COUNSEL ONLY” as appropriate, and the original 8 or any copy ultimately presented to a court for filing must not be filed unless it can 9 be accomplished under seal, identified as being subject to this Order, and protected must bear the legend “CONFIDENTIAL” 10 7. “HIGHLY from being opened except by order of this Court. 11 or Confidential Information must not be disclosed by the receiving party to 12 anyone other than those persons designated within this Order and must be handled in the 13 manner set forth below and, in any event, must not be used for any purpose other than in 14 connection with this litigation, unless and until such designation is removed either by 15 agreement of the parties, or by order of the Court. 16 8. Information designated “HIGHLY CONFIDENTIAL – OUTSIDE 17 COUNSEL ONLY” may be viewed only by outside counsel (as defined in paragraph 2); 18 designated in-house counsel (as defined in paragraph 3) and their clerical or support staff 19 (including paralegals, secretaries, and discovery staff but excluding other in-house counsel) 20 who are under a duty of confidentiality; the Court; independent stenographic reporters and 21 videographers retained to record and transcribe testimony given in connection with this 22 action; litigation support and other vendors and mock jurors qualified pursuant to 23 paragraph 8(a); experts qualified pursuant to paragraph 8(b) and their clerical or support 24 staff who are under a duty of confidentiality; and any person indicated on the face of the 25 information to be its originator, author, or a recipient of such information. 26 a. Information designated “HIGHLY CONFIDENTIAL – OUTSIDE 27 COUNSEL ONLY” may also be viewed by any of the following as long as they are 28 subject to a duty to keep information received in the course of their services 6 17-cv-01394-H-NLS 1 confidential: copying, scanning, technical support and electronic document hosting 2 and processing services retained by outside counsel or designated in-house counsel 3 in connection with this action; document review services (including contract 4 attorneys but excluding in-house counsel) retained by outside counsel or designated 5 in-house counsel; graphics, translation, or design services retained by outside 6 counsel or designated in-house counsel for purposes of this action; jury or trial 7 consulting services retained by outside counsel or designated in-house counsel in 8 connection with this action; and mock jurors, provided, however, that any such mock 9 juror has read this Order in advance of disclosure, and has executed a copy of the 10 11 undertaking attached hereto as Attachment B. b. Information designated “HIGHLY CONFIDENTIAL – OUTSIDE 12 COUNSEL ONLY” may also be viewed by independent experts retained by outside 13 counsel or retained by a party to this action under the conditions set forth in this 14 Paragraph. The ability of any independent expert to receive any Confidential 15 Information will be subject to the advance approval of such expert by the producing 16 party or by permission of the Court. The party seeking approval of an independent 17 expert must provide the producing party with the name and curriculum vitae of the 18 proposed independent expert, and an executed copy of the undertaking attached 19 hereto as Attachment B, in advance of providing any Confidential Information of 20 the producing party to the expert. Any objection by the producing party to an 21 independent expert receiving Confidential Information must be made in writing 22 within 10 calendar days following receipt of the identification of the proposed 23 expert. Confidential Information may be disclosed to an independent expert if the 24 10 calendar day period has passed and no objection has been made. The approval 25 of independent experts must not be unreasonably withheld. If a producing party 26 objects in writing to a proposed independent expert, the producing party will have 7 27 calendar days from the date of that objection to file a motion with the court seeking 28 an order to prevent disclosure of its Confidential Information to a proposed 7 17-cv-01394-H-NLS 1 independent expert retained by the receiving party. Confidential Information may 2 be disclosed to the proposed independent expert if the 7 day period has passed and 3 no motion has been filed. 4 9. Information designated “CONFIDENTIAL” must be viewed only by persons 5 identified in paragraph 8, and up to three (3) employees (in addition to designated in-house 6 counsel) collectively for the parties of each side who have executed the undertaking 7 attached as Attachment C, solely as necessary to assist outside counsel or designated in- 8 house counsel in conducting this litigation and/or preparation for testimony at deposition, 9 provided each such individual has read this Order in advance of disclosure and has agreed 10 11 in writing to be bound by its terms. 10. Any person indicated on the face of the document to be its originator, its 12 author, or a recipient of a copy of the document, may be shown the same notwithstanding 13 the other provisions of this Order. 14 11. Confidential Information must be retained in the custody of outside counsel 15 or designated in-house counsel as defined in paragraphs 2 and 3, except that independent 16 experts authorized to view such information under the terms of this Order may retain 17 custody of copies as necessary for their participation in this litigation. In addition, outside 18 vendors retained by the parties for the purpose of hosting document productions shall be 19 permitted to retain custody of Confidential Information. 20 12. Filing Under Seal. Nothing shall be filed under seal, and the Court shall not 21 be required to take any action, without separate prior order by the Judge before whom the 22 hearing or proceeding will take place, after application by the affected party with 23 appropriate notice to opposing counsel. The parties shall follow and abide by applicable 24 law, including Civ. L.R. 79.2, ECF Administrative Policies and Procedures, Section II.j, 25 and the chambers rules, with respect to filing documents under seal. 26 a. For the sake of clarity, submissions (other than those made for ex parte, 27 in camera review) proposed to be filed under seal shall nevertheless be promptly 28 served on all other parties prior to the Court’s order on the sealing request. 8 17-cv-01394-H-NLS 1 13. A party may object at any time to a designation of Confidential Information. 2 The objecting party must notify, in writing, counsel for the producing party of the objected- 3 to materials and the grounds for the objection. If the dispute is not resolved consensually 4 between the parties within seven (7) calendar days of receipt of such a notice of objections, 5 the objecting party may move the Court for a ruling on the objection. For so long as the 6 Honorable Nita L. Stormes is the magistrate judge assigned to this Case, the discovery 7 dispute resolution provisions in her Civil Case Procedures, Section VI including the forty- 8 five (45) day rule regarding resolution of discovery disputes, shall apply. The materials at 9 issue must be treated as Confidential Information, as designated by the designating party, 10 11 until the Court has ruled on the objection or the matter has been otherwise resolved. 14. All Confidential Information must be held in confidence by those inspecting 12 or receiving it, and must be used only for purposes of this action. Outside counsel for each 13 party and each person receiving Confidential Information must take reasonable precautions 14 to prevent the unauthorized or inadvertent disclosure of such information. If Confidential 15 Information is disclosed to any person other than a person authorized by this Order, the 16 party responsible for the unauthorized disclosure must immediately bring all pertinent facts 17 relating to the unauthorized disclosure to the attention of the producing party and, without 18 prejudice to any rights and remedies of the producing party, make best efforts to prevent 19 further disclosure by the party and by the person(s) receiving the unauthorized disclosure 20 and to retrieve or destroy any copies of the materials from the person(s) receiving the 21 unauthorized disclosure. 22 15. Inadvertent disclosures by the producing party of Confidential Information, 23 regardless of whether the material was so designated at the time of disclosure, shall not be 24 deemed a waiver in whole or in part of a party’s claim of confidentiality, either as to the 25 specific information disclosed or as to any other information relating to the same or related 26 subject matter, provided that the producing party shall promptly upon discovery of the 27 inadvertent disclosure notify the receiving party in writing that the information is 28 Confidential Information and was inadvertently disclosed. Such notification shall 9 17-cv-01394-H-NLS 1 constitute a designation of the information as Confidential Information. Upon such 2 notification, counsel shall reasonably cooperate to restore the confidentiality of the 3 Confidential Information to the extent possible. 4 16. No party will be responsible to another party for disclosure of Confidential 5 Information under this Order if the information in question is not labeled or otherwise 6 identified as such in accordance with this Order. 7 17. Inadvertent production or disclosure of documents or information subject to 8 the attorney-client privilege, work-product doctrine or any other applicable privilege or 9 protection from disclosure shall not constitute a waiver of, nor a prejudice to, any claim 10 that such or related material is privileged or protected by the work-product doctrine or any 11 other applicable privilege or protection from disclosure. Such inadvertently produced 12 documents or information, including all copies thereof, shall be returned to the producing 13 party or destroyed immediately upon request. The receiving party shall confirm the 14 destruction or return of inadvertently produced documents or information within 7 calendar 15 days of receiving written notice from the producing party of the inadvertent production. 16 No use shall be made of such documents or information subsequent to the request that they 17 be returned including, but not limited to, during depositions, or at trial, nor shall such 18 documents or information be shown to anyone who has not already been given access to 19 them; provided, however, that the receiving party may move the Court for an Order 20 compelling production of such information, but the motion shall not assert as a ground for 21 production the fact of the inadvertent production or the contents thereof. The party 22 requesting the document be returned and destroyed, as provided for above, shall provide a 23 privilege log that satisfies the requirements of Federal Rule of Civil Procedure 26(b)(5) 24 within 7 calendar days from providing notice to the producing part of the inadvertent 25 production. This Protective Order shall constitute an order pursuant to Federal Rule of 26 Evidence 502(d). 27 18. 28 Outside counsel and designated in-house counsel who receive and/or review Confidential Information designated as HIGHLY CONFIDENTIAL – OUTSIDE 10 17-cv-01394-H-NLS 1 COUNSEL ONLY shall be subject to a “Competitive Use and Prosecution Bar” and thus 2 shall not participate in any way (including, but limited to, participating in a supervisory 3 capacity) in the “prohibited activities” listed below in the field of reagent products intended 4 for use in flow cytometry (the “barred field”) from the time of receipt of Confidential 5 Information designated HIGHLY CONFIDENTIAL – OUTSIDE COUNSEL ONLY 6 through the complete termination of this action by (i) entry of a final, non-appealable 7 judgment or order, (ii) the complete settlement of all claims in this action, or (iii) any other 8 means, and for one year after the complete termination of this action. 9 19. The prohibited activities are: 10 (a) competitive decision-making (including decisions about pricing, or 11 product design or development) concerning the barred field on behalf of the parties 12 to this action or any person or entity related to any party to this action; 13 (b) preparing or prosecuting patent applications anywhere in the world in the 14 barred field on behalf of the parties to this action or any person or entity related to 15 any party to this action; and 16 (c) providing advice to the parties to this action or any person or entity related 17 to any party to this action concerning strategies for obtaining or preserving patent 18 rights in the barred field, whether as counsel of record before the U.S. Patent and 19 Trademark Office or any foreign patent office or as an advisor regarding claiming 20 strategies 21 20. The Competitive Use and Prosecution Bar is personal to the person receiving 22 Confidential Information designated as HIGHLY CONFIDENTIAL – OUTSIDE 23 COUNSEL ONLY and shall not be imputed to any person who did not receive or review 24 such information (including, e.g., other employees or attorneys of the law firm by which 25 the person subject to the bar is employed or otherwise is associated). 26 21. The Competitive Use and Prosecution Bar shall not apply to any post-issuance 27 review proceedings (including ex parte reexamination, inter partes review, post grant 28 review, and covered business method review) with respect to the patents-in-suit, except 11 17-cv-01394-H-NLS 1 that outside counsel or designated in-house counsel receiving or reviewing Confidential 2 Information designated HIGHLY CONFIDENTIAL – OUTSIDE COUNSEL ONLY shall 3 not participate in any way in the drafting, revising, amending, or proposing of claims, 4 including, but not limited to, verbal discussions, suggestions, or comments regarding 5 drafts, in connection with the aforementioned post-issuance review proceedings. 6 22. Nothing within this Order will prejudice the right of any party to object to the 7 production of any discovery material on the grounds that the material is protected as 8 privileged or as attorney work product. 9 23. Nothing in this Order will bar counsel from rendering advice to their clients 10 with respect to this litigation and, in the course thereof, relying upon any information 11 designated as Confidential Information, provided that the contents of the information must 12 not be disclosed to any person not authorized to receive such information under this Order. 13 24. This Order will be without prejudice to the right of any party to oppose 14 production of any information for lack of relevance or any other ground other than the mere 15 presence of Confidential Information. The existence of this Order must not be used by 16 either party as a basis for discovery that is otherwise improper under the Federal Rules of 17 Civil Procedure. 18 25. 19 20 Nothing within this order will be construed to prevent disclosure of Confidential Information if such disclosure is required by law or by Court order. 26. Within 60 calendar days from final termination of this action, including any 21 and all appeals, outside counsel for each party, designated in-house counsel, and any expert 22 retaining Confidential Information, must destroy or return all Confidential Information to 23 the producing party, including any copies, excerpts, and summaries of that information, 24 and must purge all such information from all machine-readable media on which it resides. 25 Notwithstanding the foregoing, outside counsel for each party may retain all pleadings, 26 briefs, memoranda, motions, and other documents filed with the Court that refer to or 27 incorporate Confidential Information, and will continue to be bound by this Order with 28 respect to all such retained information. Further, attorney work product materials that 12 17-cv-01394-H-NLS 1 contain Confidential Information need not be destroyed, but, if they are not destroyed, the 2 person in possession of the attorney work product will continue to be bound by this Order 3 with respect to all such retained information. 4 27. The restrictions and obligations set forth within this order will not apply to 5 any information that: (a) the parties agree should not be designated Confidential 6 Information; (b) the parties agree, or the Court rules, is already public knowledge; (c) the 7 parties agree, or the Court rules, has become public knowledge other than as a result of 8 disclosure by the receiving party, its employees, or its agents in violation of this Order; or 9 (d) has come or will come into the receiving party's legitimate knowledge independently 10 of the production by the designating party. Prior knowledge must be established by pre- 11 production documentation. 12 28. The restrictions and obligations within this Order will not be deemed to 13 prohibit discussions of any Confidential Information with anyone if that person already has 14 or obtains legitimate possession of that information. 15 16 17 18 19 29. Transmission by electronic mail is acceptable for all notification purposes within this Order. 30. This Order may be modified by agreement of the parties, subject to approval by the Court. 31. Modifications. The Court grants the parties’ request for a protective order 20 without prejudice to the Court modifying this order at a later time. The Court may 21 modify the terms and conditions of this Order for good cause, or in the interest of justice, 22 or on its own order at any time in these proceedings. 23 IT IS SO ORDERED. 24 DATED: December 15, 2017 25 26 MARILYN L. HUFF, District Judge UNITED STATES DISTRICT COURT 27 28 13 17-cv-01394-H-NLS ATTACHMENT A 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 SOUTHERN DISTRICT OF CALIFORNIA 8 9 10 11 THE REGENTS OF THE UNIVERSITY OF CALIFORNIA and BECTON, DICKINSON AND COMPANY, 12 UNDERTAKING Plaintiffs, 13 Case No. 3:17-cv-01394-H-NLS v. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 AFFYMETRIX, INC. and LIFE TECHNOLOGIES CORP., Defendants. 1. I understand that I may be provided information designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – OUTSIDE COUNSEL ONLY” by another party in the above action (“Protected Information”). 2. Having read the Protective Order, I agree that I will hold Protected Information in confidence and use it solely for purposes of this action. I agree to take reasonable precautions to prevent the unauthorized or inadvertent disclosure of Protected Information. 3. I agree that I will not disclose or discuss Protected Information with anyone other than persons authorized to access such Protected Information under the Protective Order. 4. I agree that if I inadvertently disclose Protected Information to any person not listed in paragraph 3, I will immediately bring all pertinent facts relating to the 28 14 17-cv-01394-H-NLS 1 disclosure to the attention of outside counsel and will make every effort to prevent 2 further disclosure or use by the person(s) receiving the unauthorized disclosure. 3 5. I agree that if I am provided or otherwise have access to Confidential 4 Information designated by another party in the above action to be “HIGHLY 5 CONFIDENTIAL – OUTSIDE COUNSEL ONLY” then during the pendency 6 of this action and for a period of 1 year from the termination of this action 7 (including any appeals) I will abide by the Competitive Use and Prosecution 8 Bar set forth in paragraphs 18-21 of the Protective Order. I understand that this 9 provision only limits my activities on behalf of the parties to this action or any 10 person or entity related to any party to this action. 11 6. I agree that this agreement will terminate, and I will immediately cease use of 12 and will return or destroy all Protected Information in my possession if my 13 employment or other relationship with a party that allowed me to obtain 14 Protected Information terminates. I agree that my obligations to maintain 15 confidentiality of information received prior to the termination of this 16 agreement survives termination. 17 7. I agree to subject myself to the jurisdiction of the United States District Court 18 for the Southern District of California, or to the courts of the State of California 19 if the federal court lacks subject matter jurisdiction, with respect to enforcement 20 of this Agreement. 21 8. I agree that a party disclosing Protected Information will suffer irreparable harm 22 if I disclose or use it in any manner contrary to the provisions of this Agreement. 23 24 Date: ______________________ By: _________________________ 25 26 27 28 15 17-cv-01394-H-NLS ATTACHMENT B 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 SOUTHERN DISTRICT OF CALIFORNIA 8 9 10 11 THE REGENTS OF THE UNIVERSITY OF CALIFORNIA and BECTON, DICKINSON AND COMPANY, 12 UNDERTAKING Plaintiffs, 13 Case No. 3:17-cv-01394-H-NLS v. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 AFFYMETRIX, INC. and LIFE TECHNOLOGIES CORP., Defendants. 1. I understand that I may be provided information designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – OUTSIDE COUNSEL ONLY” by a party in the above action (“Protected Information”). 2. Having read the Protective Order, I agree that I will hold Protected Information in confidence and use it solely for purposes of this action. I agree to take reasonable precautions to prevent the unauthorized or inadvertent disclosure of Protected Information. 3. I agree that I will not disclose or discuss Protected Information with anyone other than persons authorized to access such Protected Information under the Protective Order. 4. I agree that if I inadvertently disclose Protected Information to any person not listed in paragraph 3, I will immediately bring all pertinent facts relating to the 28 16 17-cv-01394-H-NLS 1 disclosure to the attention of outside counsel or the party that retained me and 2 will make every effort to prevent further disclosure or use by the person(s) 3 receiving the unauthorized disclosure. 4 I agree that this agreement will terminate, and I will immediately cease use of and 5 will return or destroy all Protected Information in my possession or in the 6 possession of my staff if my employment, consulting, expert, or other relationship 7 with a party that allowed me to obtain Protected Information terminates. I agree 8 that my obligations to maintain confidentiality of information received prior to the 9 termination of this agreement survives termination. 10 5. I agree to subject myself to the jurisdiction of the United States District Court 11 for the Southern District of California, or to the courts of the State of 12 California if the federal court lacks subject matter jurisdiction, with respect 13 to enforcement of this Agreement. 14 6. I agree that a party disclosing Protected Information will suffer irreparable 15 harm if I disclose or use it in any manner contrary to the provisions of this 16 Agreement. 17 18 Date: ______________________ By: _________________________ 19 20 21 22 23 24 25 26 27 28 17 17-cv-01394-H-NLS ATTACHMENT C 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 SOUTHERN DISTRICT OF CALIFORNIA 8 9 10 11 THE REGENTS OF THE UNIVERSITY OF CALIFORNIA and BECTON, DICKINSON AND COMPANY, 12 UNDERTAKING Plaintiffs, 13 Case No. 3:17-cv-01394-H-NLS v. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 AFFYMETRIX, INC. and LIFE TECHNOLOGIES CORP., Defendants. 1. I understand that I may be provided information designated as “CONFIDENTIAL” by a party in the above action (“Protected Information”). I understand that I am NOT designated as a person who may have access to information designated as “HIGHLY CONFIDENTIAL - OUTSIDE COUNSEL ONLY,” as that term is defined in that Protective Order. 2. Having read the Protective Order, I agree that I will hold Protected Information in confidence and use it solely for purposes of this action. I agree to take reasonable precautions to prevent the unauthorized or inadvertent disclosure of Protected Information. 3. I agree that I will not disclose or discuss Protected Information with anyone other than other than persons authorized to access such Protected Information under the Protective Order. 28 18 17-cv-01394-H-NLS 1 4. I agree that if I inadvertently disclose Protected Information to any person 2 not listed in paragraph 3, I will immediately bring all pertinent facts relating to the 3 disclosure to the attention of outside counsel that retained me and will make every effort to 4 prevent further disclosure or use by the person(s) receiving the unauthorized disclosure. 5 5. I agree that this agreement will terminate, and I will immediately cease use 6 of and will return or destroy all Protected Information in my possession if my employment 7 or other relationship with a party that allowed me to obtain Protected Information 8 terminates. I agree that my obligations to maintain confidentiality of information received 9 prior to the termination of this agreement survives termination. 10 6. I agree to subject myself to the jurisdiction of the United States District 11 Court for the Southern District of California, or to the courts of the State of California if 12 the federal court lacks subject matter jurisdiction, with respect to enforcement of this 13 Agreement. 14 15 7. I agree that a party disclosing Protected Information will suffer irreparable harm if I disclose or use it in any manner contrary to the provisions of this Agreement. 16 17 Date: ______________________ By: _________________________ 18 19 20 21 22 23 24 25 26 27 28 19 17-cv-01394-H-NLS
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