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CYWEE Group Ltd. v. HTC Corp.

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

June 4, 2018

CYWEE GROUP LTD., Plaintiff,
v.
HTC CORPORATION and HTC AMERICA, INC., Defendants.

          Carmen E. Bremer, WSBA 47, 565 BREMER LAW GROUP PLLC

          Michael W. Shore, Alfonso G. Chan, Christopher Evans, Ari B. Rafilson, William D. Ellerman, Paul T. Beeler, SHORE CHAN DEPUMPO LLP Admitted pro hac vice Attorneys for Plaintiff Cy Wee Group Ltd.

          WILSON SONSINI GOODRICH & ROSATI Gregory L. Watts, WSBA # 43995

          James C. Yoon, CA Bar #177155 (pro hac vice), Ryan R. Smith, CA Bar #229323(pro hac vice), Albert Shih, CA Bar # 251726 (pro hac vice), Jamie Y. Otto, CA Bar # 295099 (pro hac vice)

          W. Callahan, CA Bar # 312548 (pro hac vice) Attorneys for Defendants and Third-Party Plaintiffs HTC Corporation and HTC America, Inc.

          STIPULATED PROTECTIVE ORDER JURY TRIAL DEMANDED

          THE HONORABLE JAMES L. ROBART 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 the following documents and tangible things produced or otherwise exchanged that constitute or include, in whole or in part, confidential or proprietary information or trade secrets including, but not limited to, source code, product design files, engineering specifications, confidential financial information and customer information of any party hereto or any third party whom a party reasonably believes it owes an obligation of confidentiality with respect to such document, information or material.

         3. "HIGHLY CONFIDENTIAL -ATTORNEYS' EYES ONLY" MATERIAL

         "Highly Confidential - Attorneys' Eyes Only" material shall include extremely sensitive "Confidential Information or Items, " disclosure of which to another party or non-party would create a substantial risk of serious harm that could not be avoided by less restrictive means.

         4. "HIGHLY CONFIDENTIAL - SOURCE CODE" MATERIAL

         "Highly Confidential - Source Code" material shall include extremely sensitive "Confidential Information or Items" representing computer code, physical design files and associated comments and revision histories, formulas, engineering specifications, recipes, run sheets, or schematics that define or otherwise describe in detail the algorithms or structure of software or hardware designs, disclosure of which to another party or non-party would create a substantial risk of serious harm that could not be avoided by less restrictive means.

         5. 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 other than as a result of a disclosure by > the receiving party in violation of this Order, including through trial or otherwise.

         6. ACCESS TO AND USE OF CONFIDENTIAL MATERIAL

         6.1 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.

         6.2 Disclosure of "CONFIDENTIAL, " "HIGHLY CONFIDENTIAL -ATTORNEYS' EYES ONLY:' or "HIGHLY CONFIDENTIAL - SOURCE CODE" 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 counsel to whom it is reasonably necessary to disclose the information for this litigation;
(b) the officers, directors, and employees (including in-house counsel) of the receiving party to whom disclosure is reasonably necessary for this litigation, unless a particular document or material produced is designated "HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY" or "HIGHLY CONFIDENTIAL - SOURCE CODE" and is so designated;
(c) one designated in-house counsel of the receiving party to whom disclosure is reasonably necessary for litigation and who have signed the "Acknowledgment and Agreement to Be Bound" (Exhibit A);
(d) experts and consultants to whom disclosure is reasonably necessary for this litigation and who have signed the "Acknowledgment and Agreement to Be Bound" (Exhibit A);
(e) the court, court personnel, and court reporters and their staff;
(f) copy or imaging services retained by counsel to assist in the duplication of confidential material, provided that counsel for the party retaining the copy or imaging service instructs the service not to disclose any confidential material to third parties and to immediately return all originals and copies of any confidential material;
(g) 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 ordered by the court. Pages of transcribed deposition testimony or exhibits to depositions that reveal confidential material must be separately bound by the court reporter and may not be disclosed to anyone except as permitted under this agreement;
(h) the author or recipient of a document containing the information or a custodian or other person who otherwise ...

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