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Infernal Technology LLC v. Activision Blizzard Inc.

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

June 13, 2019

INFERNAL TECHNOLOGY, LLC, a Texas limited liability corporation, and TERMINAL REALITY, Inc., a Texas corporation Plaintiffs,
v.
ACTIVISION BLIZZARD, INC., a Delaware corporation Defendant.

         Pending in the United States District Court for the Northern District of Texas

          GREGORY L. WATTS, STEPHANIE L. JENSEN WILSON SONSINI GOODRICH & ROSATI PROFESSIONAL CORPORATION JOSE C. VILLARREAL SHYAMKRISHNA PALAIYANUR WILSON SONSINI GOODRICH & ROSATI PROFESSIONAL CORPORATION ATTORNEYS FOR MOVANT

          BUETHER JOE & CARPENTER, LLC MICHAEL C. POMEROY ERIC W. BUETHER (LEAD COUNSEL) CHRISTOPHER M. JOE MICHAEL D. RICKETTS BLAKE W. BUETHER ATTORNEYS FOR PLAINTIFFS INFERNAL TECHNOLOGY, LLC AND TERMINAL REALITY, INC.

          STIPULATION AND PROTECTIVE ORDER

          Robert S. Lasnik United States District Judge.

         Plaintiffs Infernal Technology, LLC (“Infernal”) and Terminal Reality, Inc. (“Terminal”) (collectively “Plaintiffs” or “Receiving Party”) and non-party Bungie Inc. (“Bungie”), having met and conferred, submit the following Stipulation and [Proposed] Protective Order, and ask the Court to enter an order consistent with this Stipulation.

         WHEREAS, Infernal and Terminal are the Plaintiffs and Activision Blizzard, Inc. (“Activision”) is the Defendant in Infernal Technologies, Inc., et al. v. Activision Blizzard, Inc., Civil Action No. 18-cv-1397-M (the “Action”), pending in the United States District Court for the Northern District of Texas (the “Texas Court”);

         WHEREAS, on February 19, 2019, counsel for Plaintiffs served a subpoena originating from the Action in the United States District Court for the Northern District of Texas directing Bungie to produce copies of confidential, commercially sensitive source code for its Destiny products (herein, referred to as “Highly Confidential Information”);

         WHEREAS, Plaintiffs and Bungie (together, the “Parties”) agree that the United States District Court for the Western District of Washington is the court where compliance is required pursuant to Fed.R.Civ.P. 45 and thus this Court has authority and jurisdiction to enter this Stipulation and Protective Order;

         WHEREAS, the parties agree that public dissemination and disclosure of the Highly Confidential Information could injure or damage Bungie or place Bungie at a competitive disadvantage;

         WHEREAS, a Protective Order has been entered by the United States District Court for the Northern District of Texas in the Action (Document No. 38) (the “Texas Protective Order”);

         WHEREAS, Bungie as a third-party seeks protections for its discovery of Highly Confidential Information in addition to those set forth in the Texas Protective Order:

         WHEREAS, subject to the objections in Bungie's Responses and Objections to the Subpoena to Produce Documents or Permit Inspection, dated March 15, 2019, Bungie will make certain Highly Confidential Information available for inspection or production by the parties' outside counsel subject to additional specific security procedures; and WHEREAS, the parties agree to the following supplemental restrictions and procedures under Fed.R.Civ.P. 26(c) to protect Bungie's Highly Confidential Information and to provide the parties to the Action reasonably necessary access to that Highly Confidential Information, in addition to those set forth by the Texas Protective Order.

         NOW, THEREFORE, counsel for the Parties stipulate and agree as follows:

         1. All Bungie source code available for inspection in response to Plaintiffs' subpoena, shall be designated as “RESTRICTED HIGHLY CONFIDENTIAL NON-PARTY SOURCE CODE, ” subject to the procedures, restrictions and protections of Paragraphs 10-13 of the Texas Protective Order for “RESTRICTED CONFIDENTIAL SOURCE CODE” and the additional procedures, restrictions and protections stated below. “DESIGNATED MATERIAL” as used in the Texas Protective Order shall also include material designated “RESTRICTED HIGHLY CONFIDENTIAL NON-PARTY SOURCE CODE.” Bungie Highly Confidential Information shall not be used for any purposes other than the prosecution and defense of the Texas Action and shall not be given, shown, made available, discussed or otherwise communicated in any manner, either directly or indirectly, to any person not authorized to receive the information under the terms of this Stipulated Supplemental Protective Oder.

         2. Plaintiffs shall provide Bungie with written notice of intent to inspect Bungie's source code at least five business days in advance of such inspection. Bungie shall make its source code available for ...


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