United States District Court, W.D. Washington, Seattle
HTC CORPORATION and HTC AMERICA, Inc. Plaintiffs,
TELEFONAKTIEBOLAGET LM ERICSSON and ERICSSON, INC., Defendants.
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.
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
J. PECHMAN UNITED STATES DISTRICT JUDGE.
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:
PURPOSES AND LIMITATIONS
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.
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).
material may be designated “CONFIDENTIAL” or
“HIGHLY CONFIDENTIAL - OUTSIDE ATTORNEYS' EYES
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,
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.
otherwise specified, the use of “confidential”
herein corresponds to both CONFIDENTIAL and HIGHLY
CONFIDENTIAL - OUTSIDE ATTORNEYS' EYES ONLY material.
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.
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.
ACCESS TO AND USE OF CONFIDENTIAL MATERIAL
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.
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:
receiving party's outside counsel of record in this
action, as well as employees of outside counsel to whom it is
reasonably necessary to ...