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Microsoft Corporation v. The Software King

United States District Court, W.D. Washington

December 1, 2017

MICROSOFT CORPORATION, a Washington corporation, Plaintiff,
v.
THE SOFTWARE KING, an unknown business entity, et al. Defendants.

          Davis Wright Tremaine LLP Attorneys for Plaintiff Microsoft Corp.

          Bonnie E. MacNaughton, WSBA #36110 James Harlan Corning, Attorneys for Defendants

          John D. Denkenberger, WSBA No. 25, 907 James W. Anable, WSBA No. 7, 169 Brian F. McMahon, Attorneys for Defendant

          STIPULATED PROTECTIVE ORDER

          CHIEF UNITED STATES DISTRICT JUDGE

         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.

         2. “CONFIDENTIAL” MATERIAL

         “Confidential” 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 information:

(a) data about software activation attempts (“cyberforensic data”);
(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 Microsoft products;
(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 hardware.

         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, without contravening any portion of this Stipulated Protective Order, becomes part of the public domain through trial or otherwise.

         4. ACCESS TO AND USE OF ...


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