Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Verasonics, Inc. v. Supersonic Imagine, S.A.

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

January 12, 2018

VERASONICS, INC., a Washington corporation, Plaintiff,
v.
SUPERSONIC IMAGINE, S.A., a French société anonyme, Defendant.

          PACIFICA LAW GROUP LLP Kymberly K. Evanson Paul J. Lawrence, WSBA #13557 Kymberly K. Evanson, WSBA #39973

          WALTERS WILSON LLP Erica D. Wilson (Admitted) Eric S. Walters (Admitted) Attorneys for Plaintiff Verasonics, Inc.

          JOINT STIPULATED PROTECTIVE

          Thomas S. Zilly, United States District Judge

         Plaintiff Verasonics, Inc. and Defendant SuperSonic Imagine, S.A. (each individually referred to herein as a “Party” and collectively as the “Parties”)[1] stipulate and agree to this protective order in the interest of efficiency and judicial economy, particularly in the interest of avoiding ancillary litigation of discovery issues relating to confidential commercial and/or proprietary information, and the procedures set forth herein for designating and protecting confidential commercial and/or proprietary information. The Parties stipulate to the following terms.

         1. PURPOSES AND LIMITATIONS

         Discovery in this action is likely to involve production of trade secret, 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, HIGHLY CONFIDENTIAL-OUTSIDE COUNSEL ONLY, AND HIGHLY CONFIDENTIAL-SOURCE CODE MATERIAL

         Confidential Information may be designated “CONFIDENTIAL, ” “HIGHLY CONFIDENTIAL-OUTSIDE COUNSEL ONLY” or “HIGHLY CONFIDENTIAL- SOURCE CODE” as described below.

         (a) “CONFIDENTIAL” material shall include the following documents and tangible things produced or otherwise exchanged: non-public design and technical information; non-public competitive analyses; customer lists; marketing, accounting, sales, licensing, pricing, and investment information; market projections and forecasts; strategic plans and financial information; sensitive information concerning trade secrets; know-how; product research; design, testing, development, functionality and manufacturing or other non-public research and development information; personal and/or private identifying information (e.g., birthdates, bank account numbers, social security numbers, home addresses); or information otherwise maintained by a Party or Non-Party as confidential in the ordinary course of business.

         (b) “HIGHLY CONFIDENTIAL - OUTSIDE COUNSEL ONLY” material shall include the following documents and tangible things produced or otherwise exchanged: extremely sensitive CONFIDENTIAL material, the disclosure of which to another Party or Non-Party would create a substantial risk of serious harm to the disclosing Party or Non-Party that could not be avoided by less restrictive means.

         (c) “HIGHLY CONFIDENTIAL-SOURCE CODE” or “SOURCE CODE” material shall include CONFIDENTIAL non-public information representing computer code and associated comments and revision histories that define or otherwise describe in detail the algorithms or structure of computer programs or software designs. SOURCE CODE includes, without limitation, human-readable programming language text that defines a computer program, software, firmware, or electronic hardware description. SOURCE CODE also includes text files containing computer code including but not limited to files containing code written in scripting languages, “C, ” “C, ” C#, assembly language, hardware description language (“HDL”), VHDL, Verilog, and digital signal processor (“DSP”) programming languages, as well as “.include files, ” “make” files, link files, and other human-readable text files used in the generation and/or building of software directly executed on a microprocessor, micro-controller, or DSP. SOURCE CODE does not include binary executable files and object code files, nor does it include tools such as compilers or linkers.

         3. SCOPE

         The protections conferred by this agreement cover not only CONFIDENTIAL, HIGHLY CONFIDENTIAL - OUTSIDE COUNSEL ONLY, and HIGHLY CONFIDENTIAL- SOURCE CODE material (as defined above), but also (1) any information copied or extracted from such material; (2) all copies, excerpts, summaries, or compilations of such material; and (3) any testimony, conversations, or presentations by the Parties, Non-Parties or their counsel that might reveal such 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 provided that the Party or Non-Party making the public disclosure was under no obligation, whether by contract, court order, or operation of law, to keep the information non-public.

         4. ACCESS TO AND USE OF CONFIDENTIAL, HIGHLY CONFIDENTIAL - OUTSIDE COUNSEL ONLY, AND HIGHLY CONFIDENTIAL-SOURCE CODE MATERIAL

         4.1 Basic Principles. A receiving Party may use CONFIDENTIAL, HIGHLY CONFIDENTIAL-OUTSIDE COUNSEL ONLY, and HIGHLY CONFIDENTIAL- SOURCE CODE material (collectively “PROTECTED MATERIALS”) 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. PROTECTED MATERIALS may be disclosed only to the categories of persons and under the conditions described in this agreement. PROTECTED MATERIALS must be stored and maintained by a receiving Party at a location and in a secure manner consistent with all provisions of this agreement 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 or Non-Party, a receiving Party may disclose “CONFIDENTIAL” material only to:

         (a) the receiving Party's outside counsel of record in this action, as well as employees of counsel to whom it is reasonably necessary to disclose the information for this litigation, including, but not limited to, contract review attorneys, law clerks, paralegals, and legal secretaries;

         (b) the officers, directors, and employees (including in-house counsel) of the receiving Party to whom disclosure is reasonably necessary for this litigation;

         (c) experts and consultants to whom disclosure is reasonably necessary for this litigation, provided that before access to any PROTECTED MATERIALS is given: (1) the outside consultant or expert completes and signs the “Acknowledgment and Agreement to Be Bound” (Exhibit A), and (2) the Party proposing to disclose PROTECTED MATERIALS to an outside expert or consultant complies with the procedures outlined in Paragraph 4.4;

         (d) the court, court personnel, court reporters, videographers and their staff;

         (e) copy, document management, electronic discovery or imaging services, or graphics or design services professionals retained by outside counsel to assist in the management and duplication of confidential material, provided that outside counsel for the Party retaining the copy, document management, electronic discovery, imaging or graphics or design services professionals instructs the service not to disclose any confidential material to third parties and to immediately return all originals and copies of any confidential material upon completion of the service;

         (f) during their depositions, witnesses in the action to whom disclosure is reasonably necessary and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise agreed by the designating Party or Non-Party or ordered by the court. Pages of transcribed deposition testimony or exhibits to depositions that reveal designated material must be separately bound by the court reporter and may not be disclosed to anyone except as permitted under this agreement;

         (g) the author or recipient of a document containing the information or a custodian or other person who otherwise possessed or knew the information;

         (h) trial and jury consultants, including, but not limited to, mock jurors who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); and (i) any mediator retained by the Parties or appointed by the Court in this action and employees of such mediator who are assisting in the conduct of the mediation.

         4.3 Disclosure of “HIGHLY CONFIDENTIAL - OUTSIDE COUNSEL ONLY” and “HIGHLY CONFIDENTIAL-SOURCE CODE” Information or Items. Unless otherwise ordered by the court or permitted in writing by the designating Party or Non-Party, a receiving Party may disclose “HIGHLY CONFIDENTIAL-OUTSIDE COUNSEL ONLY” material only to those persons identified in Section 4.2 (a, c-i) and “HIGHLY CONFIDENTIAL- SOURCE CODE” material only to those persons identified in Section 4.2 (a, c, d, f, g and i).

         4.4 Challenging Expert or Consultant

         (a) Prior to the disclosure of PROTECTED MATERIALS to an expert or consultant, the Party proposing to provide PROTECTED MATERIALS to the expert or consultant (i.e., the receiving Party) shall, provide the producing Party or Non-Party with: (i) a current curriculum vitae for the expert or consultant, which shall include (a) the expert or consultant's name and address, (b) a description of past and present employers by whom the expert or consultant has been employed, (c) a description of persons or entities by whom the expert has been engaged in any consulting or expert engagements within the last five (5) years, as well as a general description of the nature of such engagements, and (d) and a listing of cases in which the expert or consultant has testified as an expert at trial or by deposition within the preceding five (5) years; and (ii) a completed “Acknowledgment and Agreement to Be Bound” (Exhibit A) signed by the proposed expert or consultant.

         If an expert or consultant is precluded by virtue of a non-disclosure agreement from disclosing either the existence or nature of a prior consulting or expert engagement or the identity of the entity for which the engagement was or is being performed, then the expert or consultant shall state that certain information is being withheld on that basis and shall supplement his/her disclosure with such additional information as he/she believes would be helpful to the Parties and/or the producing Non-Party and the Court in determining whether any undisclosed consulting relationship would create a likelihood that the expert or consultant would have a conflict of interest in the engagement for this litigation, or should otherwise be precluded from acting as an expert or consultant in this litigation.

         (b) Within seven (7) business days after the producing Party or Non-Party's receipt of the information described in paragraph 4.4(a) and the signed undertaking in the form of Exhibit A, the producing Party or Non-Party may object in writing (including via email) to the proposed expert or consultant. A Party or Non-Party objecting to disclosure of PROTECTED MATERIALS to an expert or consultant shall state with particularity the ground(s) of the objection. Absent written agreement of the Parties and/or Non-Party (as applicable), no PROTECTED MATERIALS may be disclosed to such expert or consultant until after the expiration of seven (7) business days for the producing Party to object or while the producing Party's objection is pending. Failure to object in writing to a proposed expert or consultant within seven (7) business days after receipt of the information described in paragraph 4.4(a) will be deemed a waiver of any objection to the proposed expert or consultant, provided, however, that failure to object to an expert or consultant shall not preclude a Party or Non-Party from later objecting to continued access to the Party or Non-Party's PROTECTED MATERIALS by that expert or consultant where facts suggesting a basis for objection could not ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.