Case 1:14-cv-00142-LPS Document 37 Filed 09/05/14 Page 1 of 17 PageID #: 474
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`C.A. No. 12-574-LPS-CJB
`
`JURY TRIAL DEMANDED
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`C.A. No. 14-142-LPS
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`JURY TRIAL DEMANDED
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`))))))))))))
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`)))))))))))
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`ROBERT BOSCH LLC,
`
`Plaintiff,
`
`v.
`
`ALBEREE PRODUCTS, INC.,
`API KOREA CO., LTD., and
`SAVER AUTOMOTIVE PRODUCTS, INC.,
`
`Defendants.
`
`ROBERT BOSCH LLC,
`
`Plaintiff,
`
`v.
`
`ALBEREE PRODUCTS, INC.,
`API KOREA CO., LTD., and
`SAVER AUTOMOTIVE PRODUCTS, INC.
`
`Defendants.
`
`[PROPOSED]
`STIPULATED PROTECTIVE ORDER
`
`Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, Plaintiff Robert Bosch
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`LLC and Defendants Alberee Products, Inc., API Korea Co., Ltd., and Saver Automotive
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`Products, Inc., by and through their respective counsel of record, hereby jointly submit and
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`request entry of this Stipulated Protective Order. The parties stipulate and agree that certain
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`documents and information produced or to be produced during discovery in the above titled
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`litigation (the “Action”) should be kept confidential in order to protect the legitimate business
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`interests of the parties and their customers, business partners, and other non-parties and that the
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`following provisions shall govern the treatment of such information.
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`

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`Case 1:14-cv-00142-LPS Document 37 Filed 09/05/14 Page 2 of 17 PageID #: 475
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`1.
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`Right to Designate. Any party to this Action, and any non-party from whom
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`discovery is sought in connection with this Action who agrees to be bound by the provisions of
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`this Protective Order, may designate as “Confidential” or “Highly Confidential – Attorneys’
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`Eyes Only” any “Protected Information” produced by such party (the “Designator”). “Protected
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`Information” is defined herein as any information, document, testimony, thing, data, file, or other
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`material that constitutes or contains proprietary, confidential, and/or commercially sensitive
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`technical, business, financial or commercial information. “Recipient” as used herein refers to
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`any party to this Action who receives Protected Information designated pursuant to this
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`Protective Order.
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`2.
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`Confidential Designations.
`
`a.
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`By designating material “Confidential” or “Highly Confidential –
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`Attorneys’ Eyes Only” the Designator is representing that it believes in good faith that
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`the designated material is entitled to protection under Rule 26(c)(1)(G) of the Federal
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`Rules of Civil Procedure.
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`b.
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`“Confidential” material includes any Protected Information concerning a
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`person’s business operations, processes, and technical and development information, the
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`disclosure of which is likely to harm that person’s competitive position, or the disclosure
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`of which would contravene an obligation of confidentiality to a third person or to a Court.
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`c.
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`“Highly Confidential – Attorneys’ Eyes Only” material includes any
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`Protected Information that is not publicly available and the disclosure of which is likely
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`to significantly harm that person’s competitive position, or the disclosure of which would
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`contravene an obligation of confidentiality to a third person or to a Court. Such Protected
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`Information includes, without limitation: (i) trade secrets, know-how, proprietary
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`2
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`

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`Case 1:14-cv-00142-LPS Document 37 Filed 09/05/14 Page 3 of 17 PageID #: 476
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`research, development and/or technical information, (ii) unpublished patent applications
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`and patent prosecution documents, and (iii) sensitive business, financial, or commercial
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`information.
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`3.
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`Disclosure of Protected Information. Until or unless the Court rules otherwise,
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`Protected Information designated as “Confidential” or “Highly Confidential – Attorneys’ Eyes
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`Only” and copies, extracts, compilations and summaries thereof, as well as the information
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`therein, shall be maintained in confidence by the Recipient.
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`a.
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`Protected Information designated “Highly Confidential – Attorneys’ Eyes
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`Only” shall not be disclosed or otherwise communicated to any person(s) except:
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`Outside Counsel for the parties. As used herein, “Outside
`(i)
`Counsel” shall mean the following listed law firms, including their attorneys and
`clerical, litigation support and paralegal employees:
`
`KENYON & KENYON LLP
`One Broadway
`New York, NY 10004
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`POTTER ANDERSON & CORROON LLP
`Hercules Plaza, 6th Floor
`1313 N. Market Street
`Wilmington, DE 19801
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`BIRCH, STEWART, KOLASCH & BIRCH, LLP
`8110 Gatehouse Road, Suite 100 East
`P.O. Box 747
`Falls Church, VA 22040-0747
`
`O’KELLY ERNST & BIELLI, LLC
`901 N. Market St., Suite 1000
`Wilmington, Delaware 19801
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`Testifying experts, non-testifying experts, consultants, and/or
`(ii)
`consulting firms for each of the parties, specifically engaged by counsel or the
`parties to assist in this Action, who have been properly disclosed in accordance
`with paragraph 5 and have executed an undertaking in the form of Exhibit A;
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`3
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`

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`Case 1:14-cv-00142-LPS Document 37 Filed 09/05/14 Page 4 of 17 PageID #: 477
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`Vendors retained by a party or by counsel of record, including
`(iii)
`without limitation: graphics or design services retained for purposes of preparing
`demonstrative or other exhibits for deposition, trial or other court proceedings;
`translators, copy services, companies that digitize documents, and other similar
`document management vendors; and jury research or trial consulting services.
`Any such vendors shall first execute an undertaking in the form of Exhibit A.
`Such agreement may be signed by an authorized agent on behalf of a vendor that
`is an entity; it need not be signed by each employee of a vendor performing
`services. In addition, selected items containing Protected Information may be
`shown to persons selected to serve as members of focus groups, mock juries or
`similar studies provided that such persons are screened to ensure that they are not
`employed by or affiliated with competitors of any of the parties hereto, and
`provided that such persons agree in writing (in a form approved by the other
`parties, although not necessarily in the form of Exhibit A) to keep confidential
`any Protected Information disclosed to them during such studies;
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`Any person being examined as a witness during a deposition or at
`(iv)
`trial concerning any Protected Information authored by that person or to which
`that person otherwise had lawful access prior to his or her examination; and
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`The Court, jurors, and any court officers, court stenographers, and
`(v)
`outside copy services used by the Court whose function requires them to have
`access to Protected Information; and
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`(vi)
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`Any other person, upon order of the Court.
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`b.
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`Protected Information designated “Confidential” shall not be disclosed or
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`otherwise communicated to any person(s) except those individuals identified in paragraph
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`3(a) above and up to two (2) individuals from the Recipient party who have been
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`disclosed to Designator in advance of the disclosure and have executed an undertaking in
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`the form of Exhibit A.
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`4.
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`Disclosure of Protected Information to Others. If any party wishes to disclose
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`another party’s Protected Information to any person not described in paragraph 3 above, that
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`party must notify the Designator in writing and provide (1) the name of the person to whom the
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`Protected Information is to be disclosed and (2) a description of the Protected Information
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`proposed to be disclosed to such person. The Designator must, within ten (10) business days,
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`notify the party wishing to disclose the information of its objections, if any, to the disclosure. If
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`4
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`Case 1:14-cv-00142-LPS Document 37 Filed 09/05/14 Page 5 of 17 PageID #: 478
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`the Designator objects to the disclosure, the party wishing to disclose the information must seek
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`relief pursuant to Fed. R. Civ. P. 37, requesting permission to disclose the Protected Information
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`to the named person. If relief is sought, such Protected Information shall not be disclosed to the
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`named person pending a decision by the Court. If no relief is sought, the protection afforded
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`Protected Information designated “Confidential” or “Highly Confidential – Attorneys’ Eyes
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`Only” shall continue as to the Protected Information described in the moving party’s notice given
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`pursuant to this paragraph. Any person who becomes authorized to receive the Protected
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`Information described in the moving party’s notice pursuant to this paragraph shall, prior to
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`receipt of the Protected Information, execute an undertaking in the form of Exhibit A.
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`Disclosures made to all persons to whom disclosures are permitted hereunder shall be made
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`subject to and in accordance with the terms of this Protective Order.
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`5.
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`Designation of Consultants. Any Recipient may designate a reasonable number
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`of retained expert consultants (either testifying or non-testifying) (“Consultants”) to have access
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`to Protected Information under this Protective Order if the Consultants are: (i) neither employees
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`of a party nor anticipated to become employees of a party in the near future; and (ii) engaged by
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`or on behalf of a party as bona fide Consultants or experts for purposes of this Action. The
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`following procedures shall govern the designation of Consultants under this Protective Order:
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`a.
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`The party designating a Consultant shall provide the other parties with: (i)
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`a current resume or curriculum vitae of such person that identifies all of the Consultant’s
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`employers and the persons or entities for whom the Consultant has consulted within the
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`past five (5) years, and provide a general description of the nature of such consulting
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`engagements and the timeframe for such consulting, (ii) a list of all other cases in which,
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`during the previous five (5) years, the Consultant testified as an expert at trial, by
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`5
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`Case 1:14-cv-00142-LPS Document 37 Filed 09/05/14 Page 6 of 17 PageID #: 479
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`deposition or by declaration, and (iii) a copy of a completed and signed undertaking in
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`the form attached hereto as Exhibit A. Notwithstanding the foregoing, if a proposed
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`Consultant is precluded by virtue of a non-disclosure agreement from disclosing either
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`the existence or nature of any such consulting engagement or the identity of the entity for
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`which the consulting services were or are being performed, then the Consultant shall state
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`that certain information is being withheld on that basis and may supplement his or her
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`disclosure with such additional information as he or she believes would be helpful to the
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`parties and the Court in determining whether the Consultant may have access to Protected
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`Information under this Protective Order.
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`b.
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`Within ten (10) business days after receipt of the information and signed
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`undertaking described in subparagraph (a), a Designator may object in good faith in
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`writing to the proposed Consultant if facts available to that party show, for example, that
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`there is a reasonable likelihood that the proposed Consultant will use or disclose
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`Protected Information for purposes other than those permitted by this Protective Order, or
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`if the Consultant states that he or she is unable to disclose information concerning other
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`consulting engagements due to a non-disclosure agreement. The written objection shall
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`set forth the specific factual basis for the objection. Failure to object in writing to a
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`proposed Consultant within ten (10) business days shall be deemed approval, but shall
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`not preclude a party from objecting to continued access to Protected Information by that
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`Consultant where facts subsequently learned by the party or its counsel suggest that a
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`basis for objection exists.
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`c.
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`If a party so objects, the parties shall meet and confer in good faith in an
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`attempt to resolve their dispute without resort to the Court. If the dispute is not thereby
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`6
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`resolved within ten (10) calendar days, then the objecting party may seek a ruling from
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`the Court and shall bear the burden of showing why disclosure should not be permitted.
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`Pending a ruling by the Court, the proposed Consultant shall not have access to Protected
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`Information unless such access previously has been approved.
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`6.
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`Designation as Protected Information: How Made. No designation of documents
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`or things shall be effective unless there is placed or affixed on such material a “Confidential” or
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`“Highly Confidential – Attorneys’ Eyes Only” marking, as appropriate. The designation of
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`information or material as “Confidential” or “Highly Confidential – Attorneys’ Eyes Only” for
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`purposes of this Protective Order shall be made in the following manner:
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`a.
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`The Designator shall affix the legend “Confidential” or “Highly
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`Confidential – Attorneys’ Eyes Only,” as appropriate, to each page of any document
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`containing such information at the time such documents are produced, or as soon
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`thereafter as the Designator becomes aware of the confidential nature of the information
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`or material disclosed and sought to be protected hereunder.
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`b.
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`In the case of documents produced electronically on a storage medium, the
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`Designator shall affix the legend “Confidential” or “Highly Confidential – Attorneys’
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`Eyes Only,” as appropriate, on the outside of the storage medium (e.g., the magnetic disk
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`enclosure or optical disk).
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`c.
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`In the case of transcripts or recordings of depositions or other pretrial
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`proceedings in this Action, counsel for the Designator may state on the record during
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`such deposition or other proceeding that the entire transcript or a portion thereof shall be
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`designated as “Confidential” or “Highly Confidential – Attorneys’ Eyes Only,” as
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`appropriate; or may give written notice of such designation within ten (10) business days
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`7
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`

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`Case 1:14-cv-00142-LPS Document 37 Filed 09/05/14 Page 8 of 17 PageID #: 481
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`after the transcript or recording is sent to counsel by the court reporter. If no designation
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`is made at the time of the testimony or other proceeding, the parties shall treat all
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`transcripts and recordings of testimony and proceedings as “Highly Confidential –
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`Attorneys’ Eyes Only” hereunder until the expiration of ten (10) business days after the
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`transcript or recording is sent to counsel by the court reporter. If any document or
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`material designated as “Confidential” or “Highly Confidential – Attorneys’ Eyes Only” is
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`used during the course of a deposition, that portion of the deposition record reflecting
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`such document or material shall be stamped with the corresponding “Confidential” or
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`“Highly Confidential – Attorneys’ Eyes Only” designation, and access thereto shall be
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`limited pursuant to the terms of this Protective Order.
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`d.
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`In the case of pleadings, briefs, memoranda, exhibits, written discovery
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`responses, or other documents prepared in this Action for the purpose of discovery or
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`court proceedings, Counsel shall affix the legend “Confidential” or “Highly Confidential
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`– Attorneys’ Eyes Only,” as appropriate, to each page of any document containing any
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`such Protected Information at the time such documents are served or filed, or promptly
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`after learning that the document contains Protected Information. When material
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`designated as or containing Protected Information (including but not limited to
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`documents, interrogatory responses, responses to requests for admission, deposition
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`transcripts, or other information) is incorporated in or filed with pleadings, motions or
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`briefs or filed as evidence (including as exhibits to legal memoranda), such material shall
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`be filed with the Court in accordance with CM/ECF Procedures for filing sealed
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`documents.
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`8
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`

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`Case 1:14-cv-00142-LPS Document 37 Filed 09/05/14 Page 9 of 17 PageID #: 482
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`7.
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`Designation of Protected Information: How Challenged. The propriety of a
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`designation of Protected Information may be challenged at any time, and the failure to object to a
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`designation of Protected Information shall not constitute an admission that the information
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`constitutes or incorporates a trade secret or other confidential information of the Designator
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`within the scope of Fed. R. Civ. P. 26(c)(1)(G). If a Recipient desires to challenge a designation
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`of Protected Information, the Recipient shall confer with the Designator and seek to resolve the
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`issue. If the dispute is not thereby resolved within ten (10) calendar days, the Recipient may
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`apply to the Court for relief and shall bear the burden of persuasion that the information was
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`improperly designated. Until this Court rules on the challenge, all parties shall continue to treat
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`the material in question as designated under the Protective Order.
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`8.
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`Limitations on Use of Protected Information. No Recipient of Protected
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`Information shall use such information for any purpose other than in connection with this Action,
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`including any appeals, and such information shall not be disclosed to anyone except as provided
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`herein, by further written agreement of the parties, or by further order of the Court.
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`9.
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`Protected Information Sought by Third Parties. If a Recipient is (a) subpoenaed
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`in another action, (b) served with a demand in another action to which it is a party, or (c) served
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`with any other legal process by one not a party to this Action, seeking Protected Information that
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`was produced in this Action, the Recipient shall (i) object to its production to the extent
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`permitted by law, setting forth the existence of this Protective Order; (ii) within five (5) business
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`days after receipt thereof, or the earliest practicable date thereafter, give written notice by e-mail,
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`hand, or facsimile of such process or discovery request together with a copy thereof, to counsel
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`for the Designator; (iii) cooperate to the extent necessary to permit the Designator to seek to
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`quash such process or discovery request; and (iv) not make production or disclosure of such
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`9
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`Case 1:14-cv-00142-LPS Document 37 Filed 09/05/14 Page 10 of 17 PageID #: 483
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`Protected Information until the Designator consents in writing to production or the Recipient is
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`ordered or compelled by a court, U.S. or foreign government agency, or administrative body of
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`competent jurisdiction to produce or disclose such Protected Information, so long as the order is
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`not stayed prior to the date set for production or disclosure. Nothing herein shall be construed as
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`requiring any party or other person subject to this Protective Order to challenge or appeal any
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`order requiring production of Protected Information or subject itself to any penalties for
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`noncompliance with any legal process or order. Compliance with such other legal process or
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`order by a person or party who has otherwise complied with the provisions of this paragraph will
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`not be a violation of this Order.
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`10.
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`Other Proceedings. By entering this order and limiting the disclosure of
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`information in this case, the Court does not intend to preclude another court from finding that
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`information may be relevant and subject to disclosure in another case. Any person or party
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`subject to this order who becomes subject to a motion to disclose another party’s information
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`designated “Confidential” or “Highly Confidential – Attorneys’ Eyes Only” pursuant to this
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`order shall promptly notify that party of the motion so that the party may have an opportunity to
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`appear and be heard on whether that information should be disclosed.
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`11.
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`Exclusions from Protected Information. Protected Information shall not include
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`information or material that: (a) was, is, or becomes public knowledge in a manner other than by
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`violation of this Protective Order or other fault of the Recipient; (b) is acquired by the Recipient
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`from a third party not owing a duty of confidentiality to the Designator; (c) before receipt from
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`the Designator, was lawfully possessed by the non-designating party without a duty of
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`confidentiality to the Designator; (d) is disclosed by the Designator to a third party not owing a
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`duty of confidentiality to the Designator; (e) is independently developed by the Recipient; (f) is
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`10
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`Case 1:14-cv-00142-LPS Document 37 Filed 09/05/14 Page 11 of 17 PageID #: 484
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`disclosed under operation of law without confidentiality or disclosure provisions after prior
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`notice to the Designator; (g) was disclosed to the Recipient by the Designator prior to entry of
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`this Protective Order without a duty of confidentiality to the Designator; or (h) is disclosed by
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`the Recipient with the Designator’s prior written approval.
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`12.
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`Consent to Jurisdiction. All persons who have access to Protected Information
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`under this Protective Order shall be bound by this Protective Order and shall be subject to the
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`jurisdiction of this Court for the purposes of enforcing this Protective Order.
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`13.
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`Application to Third Parties. Any third party who raises a confidentiality
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`objection to providing documents and/or deposition testimony in this matter shall be provided
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`with a copy of this Order and notified of the opportunity to designate materials in accordance
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`with this Protective Order.
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`14.
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`No Application to Party’s Own Information. This Protective Order has no effect
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`upon, and shall not apply to, a party’s use or disclosure of its own confidential information for
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`any purpose.
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`15.
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`Inadvertent Production of Non-Designated Protected Information. If a party
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`inadvertently produces any Protected Information without so designating it, the Recipient may
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`disclose such information to others until the Recipient is notified or becomes aware of the error,
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`unless the Recipient knows or it is obvious from the face of the document that it contains
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`confidential information that the producing party intended to designate as Protected Information
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`pursuant to this Protective Order. If the producing party notifies the Recipient in writing of an
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`inadvertent failure to designate information as Protected Information, the Recipient will
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`thereafter treat such information as if it had been so designated when produced and (i) will make
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`a good faith effort to secure the prompt return of all copies of documents containing such
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`11
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`

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`Case 1:14-cv-00142-LPS Document 37 Filed 09/05/14 Page 12 of 17 PageID #: 485
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`information that it distributed or disclosed to persons not authorized to have access to such
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`information under this Protective Order, as well as any copies made by such persons, (ii) inform
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`the person or persons to whom unauthorized disclosures were made of all the terms of this
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`Protective Order, and (iii) request such person or persons to execute the undertaking that is
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`attached hereto as Exhibit A.
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`16.
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`Inadvertent Disclosure of Designated Protected Information. In the event of any
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`disclosure of Protected Information other than in a manner authorized by this Protective Order,
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`counsel for the Recipient responsible for the unauthorized disclosure shall immediately notify
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`counsel for the Designator and shall make every effort to further prevent unauthorized
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`disclosure, including retrieving all copies of the Protected Information from the unauthorized
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`recipient(s) thereof and securing the agreement of the recipient(s) not to further disseminate the
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`Protected Information in any form. Compliance with the foregoing shall not prevent the
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`Designator from seeking further relief from the Court.
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`17.
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`Inadvertent Production of Privileged Information. Without intending to modify
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`any existing case law or rule, if a party inadvertently produces a document that it later discovers
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`to be a privileged document (i.e., a document covered by the attorney-client privilege, work-
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`product doctrine, common interest doctrine, or other applicable privilege or immunity), the
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`production of that document shall not constitute a waiver of any applicable privilege or
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`immunity. In such circumstances, the producing party must immediately notify the receiving
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`party in writing of the inadvertent production and request the return or confirmed destruction of
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`the privileged materials. Within ten (10) business days after receiving such notification, the
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`Recipient shall return or confirm destruction of all such materials, including any summaries
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`thereof.
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`12
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`Case 1:14-cv-00142-LPS Document 37 Filed 09/05/14 Page 13 of 17 PageID #: 486
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`18.
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`All Forms of Discovery. The terms of this Protective Order shall apply to all
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`manner and means of discovery, including entry onto land or premises, and inspection of books,
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`records, documents, and tangible things.
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`19.
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`Prosecution Bar. No person who has access to any Protected Information
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`designated as “Highly Confidential – Attorneys’ Eyes Only” shall engage in prosecution of any
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`patent application (including reissuance proceeding) in the same technological field, e.g. wiper-
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`blade technology, for two (2) years after the last time such person accesses the “Highly
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`Confidential – Attorneys’ Eyes Only” information. This provision does not apply to
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`reexamination or other post grant proceedings.
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`20. Modification / Trial. It is the intention of the parties that the provisions of this
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`Protective Order shall govern discovery and other pretrial proceedings in this Action.
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`Nonetheless, each of the parties hereto shall be entitled to seek modification of this Protective
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`Order by application to the Court upon notice to the other parties hereto and upon a showing of
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`good cause. If this case proceeds to trial, the parties shall meet and confer on the procedures
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`necessary to protect the confidentiality of any documents, information and transcripts used in
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`Court during trial.
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`21.
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`Effective Before Entry. The parties agree to be bound by the terms of this
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`Protective Order once it is signed by all the parties hereto pending its entry by the Court, or
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`pending the entry by the Court of an alternative hereto, and any violation of its terms during such
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`pendency shall be subject to the same sanctions and penalties as if this Protective Order had been
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`entered by the Court.
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`22.
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`Return or Destruction of Protected Information Upon Completion of the Case.
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`Absent written agreement of the parties or further order of the Court, the provisions of this
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`13
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`Case 1:14-cv-00142-LPS Document 37 Filed 09/05/14 Page 14 of 17 PageID #: 487
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`Protective Order shall continue to be binding throughout and after the conclusion of this Action,
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`including without limitation any appeals therefrom. Within sixty (60) days after receiving notice
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`of the entry of an order, judgment or decree finally disposing of this Action, including any
`
`appeals therefrom, all Recipients of Protected Information shall return such materials and all
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`copies thereof (including summaries and excerpts) to counsel for the Designator, or shall certify
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`destruction thereof; provided, however, that Outside Counsel for each party shall be entitled to
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`retain court papers, deposition and trial transcripts, deposition and trial exhibits, and attorney
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`work product (including court papers, transcripts, and attorney work product that contain
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`information or material designated by another party as Protected Information). If Outside
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`Counsel does retain information or material so designated by another party under this Protective
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`Order, it shall not disclose any such information or material to any other person or entity or use
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`any such information or material for any purpose except pursuant to a further written agreement
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`with the Designator or pursuant to a court order or similar legal process. All materials returned
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`to the parties or their counsel by the Court likewise shall be disposed of in accordance with this
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`paragraph.
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`23.
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`Survival of Order. This Protective Order shall remain in full force and effect after
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`the termination of this Action, or until canceled or otherwise modified by Order of this Court.
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`14
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`Case 1:14-cv-00142-LPS Document 37 Filed 09/05/14 Page 15 of 17 PageID #: 488
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`Respectfully submitted,
`
`Respectfully submitted,
`
`O’KELLY ERNST & BIELLI, LLC
`
`POTTER ANDERSON & CORROON LLP
`
`By:
`
`/s/ Sean T. O’Kelly
`Sean T. O'Kelly (No. 4349)
`901 N. Market St., Suite 1000
`Wilmington, Delaware 19801
`Tel.: (302) 778-4000
`sokelly@oeblegal.com
`
`OF COUNSEL:
`
`Robert J. Kenney
`BIRCH, STEWART, KOLASCH &
`BIRCH, LLP
`8110 Gatehouse Road, Suite 100 East
`P.O. Box 747
`Falls Church, VA 22040-0747
`Tel.: (703) 205-8000
`
`Attorneys for Defendants
`Alberee Products, Inc., Api Korea Co., Ltd.
`and Saver Automotive Products, Inc.
`
`Dated: September 5, 2014
`1165045/ 39026
`
`SO ORDERED:
`
`Dated:
`
`By:
`
`/s/ Bindu A. Palapura
`Richard L. Horwitz (#2246)
`David E. Moore (#3983)
`Bindu A. Palapura (#5370)
`Hercules Plaza, 6th Floor
`1313 N. Market Street
`Wilmington, DE 19801
`Tel: (302) 984-6000
`rhorwitz@potteranderson.com
`dmoore@potteranderson.com
`bpalapura@potteranderson.com
`
`OF COUNSEL:
`
`Mark A. Hannemann
`Jeffrey S. Ginsberg
`Ksenia Takhistova
`Rose Cordero Prey
`KENYON & KENYON LLP
`One Broadway
`New York, NY 10004
`Tel.: (212) 425-7200
`
`Attorneys for Plaintiff Robert Bosch LLC
`
`Chief Judge Leonard P. Stark
`United States District Judge
`
`15
`
`

`

`Case 1:14-cv-00142-LPS Document 37 Filed 09/05/14 Page 16 of 17 PageID #: 489
`
`EXHIBIT A
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`C.A. No. 12-574-LPS-CJB
`
`JURY TRIAL DEMANDED
`
`C.A. No. 14-142-LPS
`
`JURY TRIAL DEMANDED
`
`))))))))))))
`
`)))))))))))
`
`ROBERT BOSCH LLC,
`
`Plaintiff,
`
`v.
`
`ALBEREE PRODUCTS, INC.,
`API KOREA CO., LTD., and
`SAVER AUTOMOTIVE PRODUCTS, INC.,
`
`Defendants.
`
`ROBERT BOSCH LLC,
`
`Plaintiff,
`
`v.
`
`ALBEREE PRODUCTS, INC.,
`API KOREA CO., LTD., and
`SAVER AUTOMOTIVE PRODUCTS, INC.
`
`Defendants.
`
`UNDERTAKING OF [NAME]
`
`I, [NAME], having been retained by [PARTY] in connection with the above-captioned
`
`lawsuit, hereby acknowledge that I am about to receive Protected Information as defined in the
`
`Protective Order stipulated and agreed to by the parties and so ordered by the Court in this case.
`
`I certify my understanding that the Protected Information is being provided to me
`
`pursuant to the terms and restrictions of the Protective Order and that I have been given a copy of
`
`and have read and understood my obligations under that Protective Order. I hereby agree to be
`
`bound by the terms of the Protective Order. I understand that the Protected Information and my
`
`copies or notes relating thereto may only be disclosed to or discussed with those persons
`
`

`

`Case 1:14-cv-00142-LPS Document 37 Filed 09/05/14 Page 17 of 17 PageID #: 490
`
`permitted by the Protective Order to receive such material. I also understand that neither I nor
`
`anyone assisting me can use or rely on any Protected Information disclosed to me for any
`
`purpose not authorized under the Protective Order.
`
`I will return on request all materials containing Protected Information, copies thereof and
`
`notes that I have prepared relating thereto to outside trial counsel for the party by whom or on
`
`whose behalf I am retained, or I will destroy those materials.
`
`I hereby submit to the jurisdiction of this Court for the purpose of enforcement of the
`
`Protective Order and waive any and all objections to jurisdiction and venue.
`
`I declare under penalty of perjury that the foregoing is true and correct.
`
`Signed:
`
`[TYPED NAME]
`
`Dated:
`
`Subscribed and sworn to
`before me this ____ day
`of _____________, 20__.
`
`_____________________
`Notary Public
`
`2
`
`