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HTC Corp. v. Telefonaktiebolaget LM Ericsson and Ericsson, Inc.

United States District Court, W.D. Washington, Seattle

October 23, 2017

HTC CORPORATION and HTC AMERICA, Inc. Plaintiffs,
v.
TELEFONAKTIEBOLAGET LM ERICSSON and ERICSSON, INC., Defendants.

          David J. Burman, T. Andrew Culbert, Susan Foster, Cori G. Moore, Elvira Castillo, Laura K. Hennessey, Perkins Coie LLP., Gregory Lewis Watts, Albert Shih, Dale R. Bish, James C. Yoon, Jamie J. Yoo, Nellie J. Amjadi, Olivia M. Kim, Wilson Sonsini Goodrich & Rosati, Attorneys for Plaintiffs HTC Corporation and HTC America, Inc.

          Philip S. McCune, SUMMIT LAW GROUP PLLC, Laurie Fitzgerald, McKOOL SMITH P.C., Attorneys for Defendants Telefonaktiebolaget LM Ericsson and Ericsson, Inc.

          STIPULATED AND JOINT MOTION FOR PROTECTIVE ORDER

          MARSHA J. PECHMAN UNITED STATES DISTRICT JUDGE.

         Plaintiffs HTC Corporation and HTC America, Inc. (together, HTC) and Defendants Telefonaktiebolaget LM Ericsson and Ericsson Inc. (together, Ericsson), in the interest of avoiding ancillary litigation of discovery issues relating to party and/or non-party confidential commercial and/or proprietary information, stipulate and agree as follows:

         1. PURPOSES AND LIMITATIONS

         Discovery in this action is likely to involve production of confidential, proprietary, or private information for which special protection may be warranted. Accordingly, the parties hereby stipulate to and petition the court to enter the following Stipulated Protective Order. The parties acknowledge that this agreement is consistent with LCR 26(c). It does not confer blanket protection on all disclosures or responses to discovery, the protection it affords from public disclosure and use extends only to the limited information or items that are entitled to confidential treatment under the applicable legal principles, and it does not presumptively entitle parties to file confidential information under seal.

         Pursuant to Local Civil Rule 26(c)(2), the parties began with the District's Model Protective Order and have identified departures from the model in redline, attached hereto as Exhibit 1. The stipulated/requested modifications to the Model Protective Order are necessary because of the nature of this case, involving two highly technical companies and the certain disclosure in discovery of voluminous amounts of documents, containing among other things, internal company strategy and pricing information, technical licensing negotiations and agreements between the parties and non-parties, and the function and operation of patented products. The modifications herein closely resemble many of the modifications to the Model Protective Order in an order previously entered by this Court in a patent case, Smart Skins LLC v. Microsoft Corp, Case No. 2:15-cv-00544-MJP (W.D. Wash. 2015) (Dkt. # 58).

         2. CONFIDENTIAL MATERIAL

         Confidential material may be designated “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL - OUTSIDE ATTORNEYS' EYES ONLY.”

         CONFIDENTIAL material shall include the following documents and tangible things produced or otherwise exchanged: non-public design and technical information; non-public claim charts; non-public marketing, accounting, sales, investment, and financial information; non-public research and development information; and personal and/or private identifying information (e.g., birthdates, bank account numbers, social security numbers, home addresses).

         HIGHLY CONFIDENTIAL - OUTSIDE ATTORNEYS' EYES ONLY material shall include the following documents and tangible things produced or otherwise exchanged: trade secrets and sensitive CONFIDENTIAL material, the disclosure of which to another party or non-party would create a substantial risk of harm that could not be avoided by less restrictive means.

         Unless otherwise specified, the use of “confidential” herein corresponds to both CONFIDENTIAL and HIGHLY CONFIDENTIAL - OUTSIDE ATTORNEYS' EYES ONLY material.

         3. SCOPE

         The protections conferred by this agreement cover not only confidential material (as defined above), but also (1) any information copied or extracted from confidential material; (2) all copies, excerpts, summaries, or compilations of confidential material; and (3) any testimony, conversations, or presentations by parties or their counsel that might reveal confidential material.

         However, the protections conferred by this agreement do not cover information that is in the public domain or becomes part of the public domain through trial or otherwise.

         4. ACCESS TO AND USE OF CONFIDENTIAL MATERIAL

         4.1 Basic Principles. A receiving party may use confidential material that is disclosed or produced by another party or by a non-party in connection with this case only for prosecuting, defending, or attempting to settle this litigation. Confidential material may be disclosed only to the categories of persons and under the conditions described in this agreement. Confidential material must be stored and maintained by a receiving party at a location and in a secure manner that ensures that access is limited to the persons authorized under this agreement.

         4.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered by the court or permitted in writing by the designating party, a receiving party may disclose any confidential material only to:

         (a) the receiving party's outside counsel of record in this action, as well as employees of outside counsel to whom it is reasonably necessary to ...


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