United States District Court, W.D. Washington
Wright Tremaine LLP Attorneys for Plaintiff Microsoft Corp.
E. MacNaughton, WSBA #36110 James Harlan Corning, Attorneys
D. Denkenberger, WSBA No. 25, 907 James W. Anable, WSBA No.
7, 169 Brian F. McMahon, Attorneys for Defendant
STIPULATED PROTECTIVE ORDER
UNITED STATES DISTRICT JUDGE
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.
material shall include information contained or disclosed in
any materials, including documents or portions thereof;
interrogatories, requests for admission, requests for
production of documents, and answers and responses thereto;
deposition testimony and transcripts; and any tangible things
that a party believes is confidential and should be
designated as “CONFIDENTIAL.” Material so
designated may include the following categories of
(a) data about software activation attempts
(b) a party's process for collection, analysis, and use
of cyberforensic data;
(c) Microsoft's purchase through outside investigators of
computer systems and equipment from Defendants, and
Microsoft's analysis of those systems and equipment;
(d) the source of product keys sold by Defendants, and any
investigations related thereto;
(e) confidential pricing and availability information of
(f) contracts and license agreements between third parties
and Microsoft or any Defendant;
(g) the name, address, and/or contact information of
Defendants' customers; (h) Defendants' revenue,
costs, income, or profitability; and
(i) Defendants' pricing of services, software, or
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, without
contravening any portion of this Stipulated Protective Order,
becomes part of the public domain through trial or otherwise.
ACCESS TO AND USE OF ...