Case 5:18-md-02834-BLF Document 290 Filed 11/02/18 Page 1 of 28
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`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA
`SAN JOSE DIVISION
`
`IN RE PERSONALWEB TECHNOLOGIES, LLC,
`ET AL., PATENT LITIGATION
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`Case No.: 5:18-md-02834-BLF
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`STIPULATED PROTECTIVE ORDER
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`
`Case No. 5:18-cv-00767-BLF
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`AMAZON.COM, INC. and AMAZON WEB
`SERVICES, INC.,
`Plaintiffs,
`
`v.
`PERSONALWEB TECHNOLOGIES, LLC, and
`LEVEL 3 COMMUNICATIONS, LLC,
`Defendants.
`
`PERSONALWEB TECHNOLOGIES, LLC and
`LEVEL 3 COMMUNICATIONS, LLC,
`Counterclaimants,
`
`v.
`AMAZON.COM, INC. and AMAZON WEB
`SERVICES, INC.,
`Counterdefendants.
`
`
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`STIPULATED PROTECTIVE ORDER
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`CASE NO.: 5:18-MD-02834-BLF
`CASE NO.: 5:18-cv-00767-BLF
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`Case 5:18-md-02834-BLF Document 290 Filed 11/02/18 Page 2 of 28
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`This Stipulated Protective Order is meant to govern the use of, and protect from public
`disclosure, any non-public and confidential or proprietary information used or disclosed in this
`litigation.
`1.
`PURPOSES AND LIMITATIONS
`Disclosure and discovery activity in this Action are likely to involve production of
`confidential, proprietary, or private information for which special protection from public disclosure
`and from use for any purpose other than prosecuting this litigation would be warranted.
`Accordingly, the parties hereby stipulate and petition the Court to enter the following Stipulated
`Protective Order (“Order”). The parties acknowledge that this Order does not confer blanket
`protections on all disclosures or responses to discovery and that 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. The parties further acknowledge, as set forth in
`Section 15.4 below, that this Order does not entitle them to file confidential information under seal.
`Civil Local Rule 79-5 sets forth the procedures that must be followed and the standards that will be
`applied when a party seeks permission from the Court to file material under seal.
`2.
`DEFINITIONS
`2.1. Action: the instant litigation, In re Personal Web Technologies, LLC et al., Patent
`Litigation, Case No. 5:18-md-02834-BLF (N.D. Cal.).
`2.2. Amazon: Amazon.com, Inc. and Amazon Web Services, Inc. and any past and
`present parents, predecessors, successors, subsidiaries, affiliates, divisions, associated
`organizations and joint ventures of Amazon.
`2.3. Challenging Party: a Party or Non-Party that challenges the designation of
`information or items under this Order.
`2.4.
`“CONFIDENTIAL” Information or Items: information (regardless of how
`generated, stored, or maintained) or tangible things that qualify for protection under Federal Rule
`of Civil Procedure 26(c), including information that a Designating Party believes to be of a
`proprietary business or technical nature and not readily available to competitors, potential
`competitors, and/or other third parties.
`STIPULATED PROTECTIVE ORDER
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`2.5. Counsel (without qualifier): Outside counsel and House Counsel (as well as their
`support staff).
`2.6. Designated House Counsel: House Counsel who seek access to “CONFIDENTIAL”
`information in this matter.
`2.7. Designating Party: a Party or Non-party that designates information or items that it
`produces in disclosures or in responses to discovery as “CONFIDENTIAL,” “HIGHLY
`CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” or “HIGHLY CONFIDENTIAL – SOURCE
`CODE.”
`2.8. Disclosure or Discovery Material: all items or information, regardless of the
`medium or manner generated, stored, or maintained (including, among other things, testimony,
`transcripts, and tangible things) that are produced or generated in disclosures or responses to
`discovery in this matter.
`2.9. Expert: a person with specialized knowledge or experience in a matter pertinent to
`the Action who (1) has been retained by a Party or its Counsel to serve as an expert witness or as a
`consultant in this Action, (2) is not a past or current employee of a Party or of a Party’s competitor,
`and (3) at the time of retention, is not anticipated to become an employee of a Party or of a Party’s
`competitor.
`2.10. “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information or
`Items: 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. Subject to such qualifier, such information may fall into one or more of the
`following categories: business plans, business development, product development, product designs,
`engineering information, product specifications, software, trade secrets, market analysis,
`competitor analysis, customer information, vendor information, internal financial/accounting
`information, operations information, production information, distributor agreements, license
`agreements, development agreements, sales agreements, pricing information, cost information, and
`information regarding business relationships with third parties.
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`STIPULATED PROTECTIVE ORDER
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`2.11. “HIGHLY CONFIDENTIAL – SOURCE CODE” Information or Items: extremely
`sensitive “Confidential Information or Items” representing computer code and associated
`comments and revision histories, formulas, engineering specifications, schematics that define or
`otherwise describe in detail the algorithms or structure of software or hardware designs, or similar
`sensitive computer code related materials, 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.
`2.12. House Counsel: attorneys who are employees of a Party to this Action. House
`Counsel does not include Outside Counsel of Record or any other outside counsel.
`2.13. Level3: Level3 Communications, LLC and any past and present parents,
`predecessors, successors, subsidiaries, affiliates, divisions, associated organizations and joint
`ventures of Level3.
`2.14. Non-Party: any natural person, partnership, corporation, association or other legal
`entity not named as a Party to this Action.
`2.15. Outside Counsel of Record: attorneys who are not employees of a party to this action
`but are retained to represent or advise a party to this action and have appeared in this action on
`behalf of that party or are affiliated with a law firm which has appeared on behalf of that party,
`along with their associated support staff.
`2.16. Party: any party to this Action, including all of its officers, directors, employees,
`consultants, Experts, House Counsel, and Outside Counsel of Record (and their support staffs).
`2.17. PersonalWeb: PersonalWeb Technologies, LLC and any past and present parents,
`predecessors, successors, subsidiaries, affiliates, divisions, associated organizations and joint
`ventures of PersonalWeb.
`2.18. Producing Party: a Party or non-party that produces Disclosure or Discovery
`Material in this Action.
`2.19. Professional Vendors: persons or entities that provide litigation support services
`(e.g., photocopying; videotaping; translating; preparing exhibits or demonstrations; organizing,
`storing, or retrieving data in any form or medium; jury consultation services; trial presentation
`services, etc.) and their employees and subcontractors.
`3
`STIPULATED PROTECTIVE ORDER
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`CASE NO.: 5:18-MD-02834-BLF
`CASE NO.: 5:18-cv-00767-BLF
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`2.20. Protected Material: any Disclosure or Discovery Material that is designated as
`“CONFIDENTIAL,” “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” or
`“HIGHLY CONFIDENTIAL – SOURCE CODE.”
`2.21. Receiving Party: a Party that receives Disclosure or Discovery Material from a
`Producing Party.
`3.
`SCOPE
`The protections conferred by this Order cover not only Protected Material (as defined
`above), but also (1) any information copied or extracted from Protected Material; (2) all copies,
`excerpts, summaries, or compilations of Protected Material; and (3) any testimony, conversations,
`or presentations by the parties or their Counsel that might reveal Protected Material. However, the
`protections conferred by this Stipulation and Order do not cover the following information: (a) any
`information that is in the public domain at the time of disclosure to a Receiving Party or becomes
`part of the public domain after its disclosure to a Receiving Party as a result of publication not
`involving a violation of this Order, including becoming part of the public record through trial or
`otherwise; and (b) any information known to the Receiving Party prior to the disclosure or obtained
`by the Receiving Party after the disclosure from a source who obtained the information lawfully
`and under no obligation of confidentiality to the Designating Party. Any use of Protected Material
`at trial shall be governed by a separate agreement or order.
`4.
`DURATION
`Even after final disposition of this litigation, the confidentiality obligations imposed by this
`Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order
`otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims
`and defenses in this Action, with or without prejudice; and (2) final judgment herein after the
`completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action,
`including the time limits for filing any motions or applications for extension of time pursuant to
`applicable law.
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`STIPULATED PROTECTIVE ORDER
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`5.
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`DESIGNATING PROTECTED MATERIAL
`5.1
`Exercise of Restraint and Care in Designating Material for Protection. Each Party
`or non-party that designates information or items for protection under this Order must take care to
`limit any such designation to specific material that qualifies under the appropriate standards. To
`the extent it is practical to do so, the Designating Party must designate for protection only those
`parts of material, documents, items, or oral or written communications that qualify – so that other
`portions of the material, documents, items, or communications for which protection is not
`warranted are not swept unjustifiably within the ambit of this Order.
`Mass, indiscriminate, or routinized designations are prohibited. Designations that are
`shown to be clearly unjustified, or that have been made for an improper purpose (e.g., to
`unnecessarily encumber or retard the case development process, or to impose unnecessary expenses
`and burdens on other parties) expose the Designating Party to sanctions.
`If it comes to a Designating Party’s attention that information or items that it designated for
`protection do not qualify for protection at all or do not qualify for the level of protection initially
`asserted, that Designating Party must promptly notify all other parties that it is withdrawing the
`mistaken designation.
`5.2 Manner and Timing of Designations. Except as otherwise provided in this Order
`(see, e.g., second paragraph of section 5.2(a), below), or as otherwise stipulated or ordered,
`Disclosure or Discovery Material that qualifies for protection under this Order must be clearly so
`designated before the material is disclosed or produced.
`Designation in conformity with this Order requires:
`(a) for information in documentary form (e.g., paper or electronic documents, but
`excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing Party
`affix the legend “CONFIDENTIAL,” “HIGHLY CONFIDENTIAL—ATTORNEYS’ EYES
`ONLY” or “HIGHLY CONFIDENTIAL—SOURCE CODE” to each page that contains Protected
`Material. If only a portion or portions of the material on a page qualifies for protection, the
`Producing Party also must clearly identify the protected portion(s) (e.g., by making appropriate
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`STIPULATED PROTECTIVE ORDER
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`markings in the margins) and must specify, for each portion, the level of protection being asserted
`(either “CONFIDENTIAL,” “HIGHLY CONFIDENTIAL—ATTORNEYS’
`EYES ONLY” or “HIGHLY CONFIDENTIAL—SOURCE CODE”).
`A Party or Non-party that makes original documents or materials available for inspection
`need not designate them for protection until after the inspecting Party has indicated which material
`it would like copied and produced. During the inspection and before the designation, all of the
`material made available for inspection shall be deemed “HIGHLY CONFIDENTIAL—
`ATTORNEYS’ EYES ONLY.” After the inspecting Party has identified the documents it wants
`copied and produced, the Producing Party must determine which documents, or portions thereof,
`qualify for protection under this Order, and then, before producing the specified documents, the
`Producing Party must affix
`the appropriate
`legend
`(“CONFIDENTIAL,” “HIGHLY
`CONFIDENTIAL—ATTORNEYS’ EYES ONLY” or “HIGHLY CONFIDENTIAL—SOURCE
`CODE”) on each page that contains Protected Material. If only a portion or portions of the material
`on a page qualifies for protection, the Producing Party also must clearly identify the protected
`portion(s) (e.g., by making appropriate markings in the margins) and must specify, for each portion,
`the level of protection being asserted (either “CONFIDENTIAL,” “HIGHLY CONFIDENTIAL—
`ATTORNEYS’ EYES ONLY” or “HIGHLY CONFIDENTIAL—SOURCE
`CODE”).
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`(b) for deposition transcripts, that portions or the entirety of a deposition transcript
`(including exhibits not already designated under this protective order) be designated as
`“CONFIDENTIAL,” “HIGHLY CONFIDENTIAL—ATTORNEYS’ EYES ONLY” or
`“HIGHLY CONFIDENTIAL—SOURCE CODE” (1) by making a statement to that effect on the
`record, during the deposition, or (2) by sending to all other parties, the court reporter for the
`deposition, and all other persons known to the Designating Party to have received a copy of the
`deposition transcript, on or before thirty (30) days, or as otherwise agreed by the parties, after being
`notified by court reporter that the deposition transcript is available, a letter or other written notice
`designating the portions or entirety of the transcript with a confidentiality designation. All
`deposition transcripts and associated exhibits are to be treated presumptively as “HIGHLY
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`CONFIDENTIAL—ATTORNEYS’ EYES ONLY” until the expiration of such thirty day period.
`The letter or other notice shall cite this Order, identify the appropriate level of confidentiality, and,
`if available, identify the pages and lines, and/or exhibits, to be Protected Material. Each copy of the
`transcript, and portions thereof, so designated shall be marked, by the person receiving the letter or
`other notice, with a legend indicating the level of confidentiality claimed by the Designating Party
`and shall be governed by the terms of this Order. If a deposition or portion thereof is designated on
`the record, during the deposition, as “CONFIDENTIAL,” “HIGHLY CONFIDENTIAL—
`ATTORNEYS’ EYES ONLY” or “HIGHLY CONFIDENTIAL—SOURCE CODE”, the
`deposition shall continue in the absence of all persons to whom access to the Protected Material is
`not permitted under this Order. The court reporter or videographer shall separately mark any pages
`of the transcript of the deposition that have been designated to contain Protected Material. Copies
`of the pages marked as containing Protected Material may be provided only to persons permitted
`by the other provisions of this Order to receive such Protected Material. The use of a document as
`an exhibit at a deposition shall not in any way affect its designation as “CONFIDENTIAL,”
`“HIGHLY CONFIDENTIAL—ATTORNEYS’ EYES ONLY” or “HIGHLY CONFIDENTIAL—
`SOURCE CODE.”
`(c) for information used during court proceedings (including, but not limited to,
`conferences, oral arguments, and hearings), that the parties take steps reasonably necessary to
`protect the confidentiality of the Confidential Information during any such use, including, but not
`limited to, requesting in camera proceedings. If any Protected Material is used in any Court pretrial
`proceeding in this litigation the Protected Material shall not lose its status as Confidential
`Information through such use. The terms of this Protective Order do not preclude, limit, restrict, or
`otherwise apply to the use of documents at trial. The parties agree to meet and confer in good faith
`prior to trial to establish procedures for the use of Confidential Information at trial.
`(d) for information produced in some form other than documentary, and for any
`other tangible items, that the Producing Party affix in a prominent place on the exterior of the
`container or containers in which the information or item is stored the legend “CONFIDENTIAL,”
`“HIGHLY CONFIDENTIAL—ATTORNEYS’ EYES ONLY” or “HIGHLY CONFIDENTIAL—
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`SOURCE CODE.” If only a portion or portions of the information or item warrant protection, the
`Producing Party, to the extent practicable, shall identify the protected portion(s), specifying
`whether they qualify as “CONFIDENTIAL,” “HIGHLY CONFIDENTIAL—ATTORNEYS’
`EYES ONLY” or “HIGHLY CONFIDENTIAL—SOURCE CODE.”
`5.3
`Inadvertent Failure to Designate. If timely corrected, an inadvertent failure to
`designate qualified information or items as “CONFIDENTIAL,” “HIGHLY CONFIDENTIAL –
`ATTORNEYS’ EYES ONLY,” or “HIGHLY CONFIDENTIAL – SOURCE CODE” does not,
`standing alone, waive the Designating Party’s right to secure protection under this Order for such
`material. Upon timely correction of a designation, the Receiving Party must make reasonable
`efforts to assure that the material is treated in accordance with the provisions of this Order.
`6.
`CHALLENGING CONFIDENTIALITY DESIGNATIONS
`6.1
`Timing of Challenges. Any Party or Non-Party may challenge a designation of
`confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality
`designation is necessary to avoid foreseeable substantial unfairness, unnecessary economic
`burdens, or a significant disruption or delay of the litigation, a Party does not waive its right to
`challenge a confidentiality designation by electing not to mount a challenge promptly after the
`original designation is disclosed.
`6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution process
`by providing written notice of each designation it is challenging and describing the basis for each
`challenge. To avoid ambiguity as to whether a challenge has been made, the written notice must
`recite that the challenge to confidentiality is being made in accordance with this specific paragraph
`of the Order. The parties shall attempt to resolve each challenge in good faith and must begin the
`process by conferring directly (in voice to voice dialogue; other forms of communication are not
`sufficient) within 14 days of the date of service of notice. In conferring, the Challenging Party
`must explain the basis for its belief that the confidentiality designation was not proper and must
`give the Designating Party an opportunity to review the designated material, to reconsider the
`circumstances, and, if no change in designation is offered, to explain the basis for the chosen
`designation. A Challenging Party may proceed to the next stage of the challenge process only if it
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`has engaged in this meet and confer process first or establishes that the Designating Party is
`unwilling to participate in the meet and confer process in a timely manner.
`6.3
`Judicial Intervention. If the parties cannot resolve a challenge without court
`intervention, the Designating Party shall file and serve a motion to retain confidentiality under
`Civil Local Rule 7 (and in compliance with Civil Local Rule 79-5, if applicable) within 21 days of
`the initial notice of challenge or within 14 days of the parties agreeing that the meet and confer
`process will not resolve their dispute, whichever is earlier. Failure by the Designating Party to
`make such a motion including the required declaration within 21 days (or 14 days, if applicable)
`shall automatically waive the confidentiality designation for each challenged designation. In
`addition, the Challenging Party may file a motion challenging a confidentiality designation at any
`time if there is good cause for doing so, including a challenge to the designation of a deposition
`transcript or any portions thereof. Any motion brought pursuant to this provision must be
`accompanied by a competent declaration affirming that the movant has complied with the meet and
`confer requirements imposed by the preceding paragraph.
`The burden of persuasion in any such challenge proceeding shall be on the Designating
`Party. Frivolous challenges, and those made for an improper purpose (e.g., to harass or impose
`unnecessary expenses and burdens on other parties) may expose the Challenging Party to sanctions.
`Unless the Designating Party has waived the confidentiality designation by failing to file a motion
`to retain confidentiality as described above, all parties shall continue to afford the material in
`question the level of protection to which it is entitled under the Producing Party’s designation until
`the Court rules on the challenge.
`7.
`ACCESS TO AND USE OF PROTECTED MATERIAL
`7.1
`Basic Principles. A Receiving Party may use Protected Material that is disclosed or
`produced by another Party or by a Non-Party in connection with this Action only for prosecuting,
`defending, or attempting to settle this Action.
`Protected Material may be disclosed only to the categories of persons and under the
`conditions described in this Order. When the Action has been terminated, a Receiving Party must
`comply with the provisions of paragraph 16, below (FINAL DISPOSITION).
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`Protected 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 Order.
`7.2
`Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered
`by the Court or permitted in writing by the Designating Party, a Receiving Party may disclose any
`information or item designated “CONFIDENTIAL” only to:
`(a) the Receiving Party’s Outside Counsel of Record in this Action, as well as
`employees of said Outside Counsel of Record to whom it is reasonably necessary to disclose the
`information for this Action;
`(b) Designated House Counsel of the Receiving Party (1) who has no involvement
`in competitive decision-making, (2) to whom disclosure is reasonably necessary for this litigation,
`(3) who has signed the “Acknowledgment and Agreement to Be Bound” (Exhibit
`A), and (4) as to whom the procedures set forth in paragraph 7.4(a)(1), below, have been followed;
`(c) Experts (as defined in this Order) of the Receiving Party (1) to whom disclosure
`is reasonably necessary for this Action, (2) who have signed the “Acknowledgment and Agreement
`To Be Bound” (Exhibit A), and (3) as to whom the procedures set forth in paragraph 7.4, below,
`have been followed;
`(d) the Court and its personnel;
`(e) court reporters and their staff, Professional Vendors (including professional jury
`or trial consultants), and mock jurors to whom disclosure is reasonably necessary for this Action
`and who have signed the “Acknowledgment and Agreement To Be Bound” (Exhibit A). Signature
`of the “Acknowledgement and Agreement To Be Bound” by an authorized representative of a
`Professional Vendor will be construed to encompass all employees of the Professional Vendor;
`(f) during their depositions, witnesses in this Action to whom disclosure is
`reasonably necessary and who have signed the “Acknowledgement 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 Protected Material must be
`separately bound by the court reporter and may not be disclosed to anyone except as permitted
`under this Order.
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`(g) the author or recipient of a document containing the information or a custodian
`or other person who otherwise possessed or knew the information, an employee of the Designating
`Party, or a former employee of the Designating Party who was employed at the time the document
`was created or was in possession of the Designated Party.
`7.3
`Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”
`Information or Items. Unless otherwise ordered by the Court or permitted in writing by the
`Designating Party, a Receiving Party may disclose any information or item designated “HIGHLY
`CONFIDENTIAL – ATTORNEYS’ EYES ONLY” only to:
`(a) the Receiving Party’s Outside Counsel of Record in this Action, as well as
`employees of said Outside Counsel of Record to whom it is reasonably necessary to disclose the
`information for this Action;
`(b) Experts of the Receiving Party (1) to whom disclosure is reasonably necessary
`for this Action, (2) who have signed the “Acknowledgement and Agreement To Be Bound”
`(Exhibit A), and (3) as to whom the procedures set forth in paragraph 7.4, below, have been
`followed;
`
`(c) the Court and its personnel;
`(d) court reporters and their staff, Professional Vendors (including professional jury
`or trial consultants), and mock jurors to whom disclosure is reasonably necessary for this Action
`and who have signed the “Acknowledgement and Agreement To Be Bound” (Exhibit A). Signature
`of the “Acknowledgement and Agreement To Be Bound” by an authorized representative of a
`Professional Vendor will be construed to encompass all employees of the Professional Vendor; and
`(e) the author or recipient of a document containing the information or a custodian
`or other person who otherwise possessed or knew the information, an employee of the Designating
`Party or a former employee of the Designating Party who was employed at the time the document
`was created or was in possession of the Designated Party.
`7.4
`Procedures for Approving or Objecting to Disclosure of “CONFIDENTIAL,”
`“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” or “HIGHLY CONFIDENTIAL –
`SOURCE CODE” Information or Items to Designated House Counsel or Experts.
`CASE NO.: 5:18-MD-02834-BLF
`11
`STIPULATED PROTECTIVE ORDER
`CASE NO.: 5:18-cv-00767-BLF
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`Case 5:18-md-02834-BLF Document 290 Filed 11/02/18 Page 13 of 28
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`(a)(1) Unless otherwise ordered by the Court or agreed to in writing by the
`Designating Party, a Party that seeks to disclose to Designated House Counsel any information or
`item that has been designated “CONFIDENTIAL” pursuant to paragraph 7.2(b) first must make a
`written request to the Designating Party that (1) sets forth the full name of the Designated House
`Counsel and the city and state of his or her residence, and (2) describes the Designated House
`Counsel’s current and reasonably foreseeable future primary job duties and responsibilities in
`sufficient detail to determine if House Counsel is involved, or may become involved, in any
`competitive decision-making. The Party seeking disclosure to Designated House Counsel must also
`disclose any relevant changes in the Designated House Counsel’s job duties or responsibilities prior
`to final disposition of this Action to allow the Designating Party to evaluate any later-arising
`competitive decision-making responsibilities.
`(a)(2) Unless otherwise ordered by the Court or agreed to in writing by the
`Designating Party, a Party that seeks to disclose to an Expert (as defined in this Order) any
`information or item that has been designated “CONFIDENTIAL,” “HIGHLY CONFIDENTIAL—
`ATTORNEYS’ EYES ONLY” or “HIGHLY CONFIDENTIAL—SOURCE CODE” first must
`make a written request to the Designating Party that (1) identifies the general categories of
`CONFIDENTIAL,” “HIGHLY CONFIDENTIAL—ATTORNEYS’ EYES ONLY” or “HIGHLY
`CONFIDENTIAL—SOURCE CODE” information that the Receiving Party seeks permission to
`disclose to the Expert, (2) sets forth the full name of the Expert and the city and state of his or her
`primary residence, (3) attaches a copy of the Expert’s current resume, (4) identifies the Expert’s
`current employer(s), (5) identifies each person or entity from whom the Expert has received
`compensation or funding for work in his or her areas of expertise or to whom the Expert has
`provided professional services, including in connection with a litigation, at any time during the
`preceding five years, and (6) identifies (by name and number of the case, filing date, and location
`of the court or other body) any dispute resolution proceeding in connection with which the Expert
`has provided any professional services during the preceding five years. If the Expert believes any
`of this information is subject to a confidentiality obligation to a third-party, then the Expert should
`provide whatever information the Expert believes can be disclosed without violating any
`CASE NO.: 5:18-MD-02834-BLF
`12
`STIPULATED PROTECTIVE ORDER
`CASE NO.: 5:18-cv-00767-BLF
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`Case 5:18-md-02834-BLF Document 290 Filed 11/02/18 Page 14 of 28
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`confidentiality agreements, and the Party seeking to disclose to the Expert shall be available to meet
`and confer with the Designating Party regarding any such engagement.
`(b) A Party that makes a request and provides the information specified in the
`preceding paragraph may disclose the subject Protected Material to the identified Designated House
`Counsel or Expert unless, within 7 days of delivering the request, the Party receives a written
`objection from the Designating Party. Any such objection must set forth in detail the grounds on
`which it is based.
`(c) A Party that receives a timely written objection must meet and confer with the
`Designating Party (through direct voice-to-voice dialogue) to try to resolve the matter by
`agreement. If no agreement is reached, the Party seeking to make the disclosure to Designated
`House Counsel or the Expert may file a motion as provided in Civil Local Rule 7 (and in compliance
`with Civil Local Rule 79-5, if applicable) seeking permission from the Court to do so. Any such
`motion must describe the circumstances with specificity, set forth in detail t