Case 1:17-cv-00868-CFC-SRF Document 48 Filed 08/19/19 Page 1 of 17 PageID #: 1400
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`
`
`UNIVERSITY OF MASSACHUSETTS
`and CARMEL LABORATORIES, LLC,
`
`
`
`v.
`
`L’ORÉAL USA, INC.,
`
`
`
`
`
`
`
`
`
`
`Plaintiffs,
`
`Defendant.
`
`
`
`
`
`
`Case No. 1:17-cv-00868-CFC-SRF
`
`
`[PROPOSED] PROTECTIVE ORDER
`WHEREAS, Plaintiffs University of Massachusetts (“UMass”) and Carmel Laboratories,
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`LLC (“Carmel Labs”) and Defendant L’Oréal USA, Inc. (“L’Oréal USA”) (each Plaintiff and
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`Defendant each a “Party” and collectively, the “Parties”) believe that certain information that is or
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`will be encompassed by discovery demands by the Parties involves the production or disclosure
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`of trade secrets, confidential business information, or other proprietary information;
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`WHEREAS, the Parties seek a protective order limiting disclosure thereof in accordance with
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`Federal Rule of Civil Procedure 26(c):
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`
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`1.
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`THEREFORE, it is hereby stipulated among the Parties and ORDERED that:
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`Each Party may designate as confidential for protection under this Order, in whole or in
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`part, any document, information or material that constitutes or includes, in whole or in part,
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`non-public confidential or commercially sensitive information, trade secrets or sensitive
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`personally identifying information, including but not limited to confidential or
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`commercially sensitive information of the producing Party or a Third Party to whom the
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`producing Party reasonably believes it owes an obligation of confidentiality with respect
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`1
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`

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`Case 1:17-cv-00868-CFC-SRF Document 48 Filed 08/19/19 Page 2 of 17 PageID #: 1401
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`to such information, or information that the producing Party is under a legal obligation to
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`maintain as confidential (“Protected Material”). Protected Material designated as
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`CONFIDENTIAL shall be information (regardless of how it is generated, stored, or
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`maintained) and/or tangible things that the producing Party believes in good faith qualifies
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`for protection under standards developed under Rule 26(c) of the Federal Rules of Civil
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`Procedure as non-public confidential, sensitive and/or proprietary information, whether
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`personal or business related, including but not limited to, commercial, trade secrets,
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`financial, technical, marketing, planning, personal, design, research, or development
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`information, as such terms are used in Rule 26(c) of the Federal Rules of Civil Procedure
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`and any applicable case law interpreting Rule 26(c). Protected Material designated as
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`RESTRICTED-ATTORNEYS’ EYES ONLY shall be information (regardless of how it is
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`generated, stored, or maintained) and/or tangible things that the producing Party believes
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`in good faith to be such extremely sensitive or confidential information that it requires
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`disclosure only to a limited group of persons, including due to a perceived risk that such
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`disclosure to another Party or non-party would create a substantial adverse impact on the
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`producing Party’s business, financial condition, ability to compete, standing in the
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`industry, or any other risk of injury that could not be avoided by less restrictive means.
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`Such material and information includes, without limitation, technical or product
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`information not released to the public; confidential business information, including but not
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`limited to market studies and analyses, future projections, strategies, forecasts, business
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`plans, and information concerning business decisions or negotiations; company financial
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`information and projections in any form that have not been made available to the public;
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`license agreements and other contractual relationships with third parties; identification of
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`2
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`current, former, or potential customers and vendors; materials relating to ongoing research
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`and development efforts and future products; technical materials used solely for internal
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`purposes
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`in connection with development, production
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`information, engineering
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`information, or sales training information; supplier and distribution lists and invoices; non-
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`public correspondence and documents relating to the prosecution of any patent applications
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`or any other proceeding before the United States Patent and Trademark Office or any
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`foreign patent office; and all terms as used in Rule 26(c) of the Federal Rules of Civil
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`Procedure and any applicable case law interpreting Rule 26(c). Absent a specific order by
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`this Court, once designated as CONFIDENTIAL or RESTRICTED-ATTORNEYS’ EYES
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`ONLY, such designated material shall be used by the Parties only in connection with the
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`Litigation, and not for any other purpose, including business, competitive, or governmental
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`purposes or functions, and such material shall not be disclosed to anyone except as
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`provided herein.
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`2.
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`Protected Material shall be designated by the Party producing it by affixing a legend or
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`stamp on such document, information or material as follows:
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`CONFIDENTIAL
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`or
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`RESTRICTED-ATTORNEYS’ EYES ONLY
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`The words “CONFIDENTIAL” or “RESTRICTED - ATTORNEYS’ EYES ONLY” shall
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`be placed clearly on each page of the Protected Material (except deposition and hearing
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`transcripts) for which such protection is sought. For deposition and hearing transcripts
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`designated as containing Protected Material, the cover page of the transcript shall be
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`marked appropriately as “CONFIDENTIAL” or “RESTRICTED - ATTORNEYS’ EYES
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`3
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`

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`Case 1:17-cv-00868-CFC-SRF Document 48 Filed 08/19/19 Page 4 of 17 PageID #: 1403
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`ONLY.”
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`3.
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`Any document produced in this Action before issuance of this Order with the designation
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`“Confidential” or “Confidential - Attorneys’ Eyes Only” shall receive the same treatment
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`as if designated “RESTRICTED - ATTORNEYS’ EYES ONLY” under this Order, unless
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`and until such document is re-designated to have a different classification under this Order.
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`4.
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`With respect to documents, information or material designated “CONFIDENTIAL”
`or “RESTRICTED – ATTORNEYS’ EYES ONLY”1 subject to the provisions herein and
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`unless otherwise stated, this Order governs, without limitation: (a) all documents,
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`electronically stored information, and/or things as defined by the Federal Rules of Civil
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`Procedure; (b) all pretrial, hearing or deposition testimony, or documents marked as exhibits
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`or for identification in depositions and hearings; (c) pretrial pleadings, exhibits to pleadings
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`and other court filings; (d) affidavits; and (e) stipulations. All copies, reproductions,
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`extracts, digests and complete or partial summaries prepared from any DESIGNATED
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`MATERIAL shall also be considered DESIGNATED MATERIAL and treated as such
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`under this Order.
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`5.
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`A designation of Protected Material (i.e., “CONFIDENTIAL” or “RESTRICTED -
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`ATTORNEYS’ EYES ONLY”) may be made at any time. Inadvertent or unintentional
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`production of documents, information, or material that has not been designated as
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`DESIGNATED MATERIAL shall not be deemed a waiver in whole or in part of a claim
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`for confidential treatment. Any party that inadvertently or unintentionally produces
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`Protected Material without designating it as DESIGNATED MATERIAL may request
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`                                                            
`1 The term DESIGNATED MATERIAL is used throughout this Protective Order to refer
`to the class of materials designated as “CONFIDENTIAL” or “RESTRICTED – ATTORNEYS’
`EYES ONLY.”
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`4
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`Case 1:17-cv-00868-CFC-SRF Document 48 Filed 08/19/19 Page 5 of 17 PageID #: 1404
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`return or destruction of that Protected Material by notifying the recipient(s) as soon as
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`reasonably possible after the producing Party becomes aware of the inadvertent or
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`unintentional disclosure and providing replacement Protected Material that is properly
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`designated. The recipient(s) shall then destroy all copies of the inadvertently or
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`unintentionally produced Protected Materials and treat the properly designated material
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`(and any documents, information or material derived from or based on the inadvertently or
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`unintentionally produced Protected Material) in accordance with its new designation as if
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`it had been initially so designated.
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`6.
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`“CONFIDENTIAL” documents, information and material may be disclosed only to the
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`following persons, except upon receipt of the prior written consent of the designating party,
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`upon order of the Court, or as set forth in paragraph 14 herein:
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`(a)
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`(b)
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`(c)
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`(d)
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`(e)
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`outside counsel of record in this Action for the Parties;
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`employees of such counsel assigned to and reasonably necessary to assist such
`counsel in the litigation of this Action;
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`in-house counsel for the Parties who either have responsibility for making decisions
`dealing directly with the litigation of this Action, or who are assisting outside
`counsel in the litigation of this Action;
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`one designated representative of each of the Parties to the extent reasonably
`necessary for the litigation of this Action, except that either party may in good
`faith request the other party’s consent to designate one or more additional
`representatives, the other party shall not unreasonably withhold such consent, and
`the requesting party may seek leave of Court to designate such additional
`representative(s) if the requesting party believes the other party has unreasonably
`withheld such consent;
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`outside consultants or experts (i.e., not existing employees or affiliates of a Party or
`an affiliate of a Party) retained for the purpose of this litigation, provided that: (1)
`such consultants or experts are not presently employed by the Parties hereto for
`purposes other than this Action and are not employed by a competitor of either
`Party; (2) before access is given, the consultant or expert has completed the
`Undertaking attached as Exhibit A hereto;
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`
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`5
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`Case 1:17-cv-00868-CFC-SRF Document 48 Filed 08/19/19 Page 6 of 17 PageID #: 1405
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`(f)
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`(g)
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`(h)
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`
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`independent litigation support services, including persons working for or as court
`reporters, graphics or design services, jury or trial consulting services, and
`photocopy, document imaging, and database services retained by counsel and
`reasonably necessary to assist counsel with the litigation of this Action;
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`the Court and its personnel;
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`Authors and recipients of the Protected Material; and
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`(i) Mediators.
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`7.
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`A Party shall designate documents, information or material as “CONFIDENTIAL” or
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`“RESTRICTED - ATTORNEYS’ EYES ONLY” only upon a good faith belief that the
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`documents, information or material contains confidential or proprietary information or
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`trade secrets of the Party or a Third Party to whom the Party reasonably believes it owes
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`an obligation of confidentiality with respect to such documents, information or material.
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`Mass, indiscriminate, or routinized designations are prohibited. If it comes to a
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`Designating Party’s attention that information or items that it designated for protection do
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`not qualify for protection, that Designating Party must promptly notify all other Parties
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`that it is withdrawing the mistaken designation.
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`8.
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`Documents, information or material produced pursuant to any discovery request in this
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`Action, including but not limited to Protected Material designated as DESIGNATED
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`MATERIAL, shall be used by the Parties only in the litigation of this Action and shall not
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`be used for any other purpose. Any person or entity who obtains access to DESIGNATED
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`MATERIAL or the contents thereof pursuant to this Order shall not make any copies,
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`duplicates, extracts, summaries or descriptions of such DESIGNATED MATERIAL or any
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`portion thereof except as may be reasonably necessary in the litigation of this Action. Any
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`such copies, duplicates, extracts, summaries or descriptions shall be classified
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`DESIGNATED MATERIALS and subject to all of the terms and conditions of this Order.
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`6
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`

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`9.
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`To the extent a producing Party believes that certain Protected Material qualifying to be
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`designated CONFIDENTIAL is so sensitive that its dissemination deserves even further
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`limitation, the producing Party may designate such Protected Material “RESTRICTED -
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`ATTORNEYS’ EYES ONLY.”
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`10.
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`For Protected Material designated RESTRICTED - ATTORNEYS’ EYES ONLY, access
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`to, and disclosure of, such Protected Material shall be limited to individuals listed in
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`paragraphs 5(a-c) and (e-i).
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`11.
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`Any attorney representing a Party, whether in-house or outside counsel, and any person
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`associated with a Party and permitted to receive the other Party’s Protected Material that
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`is designated “RESTRICTED – ATTORNEYS’ EYES ONLY” or who obtains, receives,
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`or has access to, in whole or in part, the other Party’s “RESTRICTED – ATTORNEYS’
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`EYES ONLY” material under this Order, shall not prepare, prosecute, supervise, or assist
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`in the preparation or prosecution of any patent application pertaining to the subject matter
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`of the invention of the patents-in-suit on behalf of the receiving Party or its acquirer,
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`successor, predecessor, or other affiliate during the pendency of this Action and for one
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`year after its conclusion, including any appeals.
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`12.
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`Absent the written consent of a Party producing RESTRICTED – ATTORNEYS’ EYES
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`ONLY material (producing Party), no person on behalf of Plaintiffs, including without
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`limitation any technical adviser of Plaintiffs, who reviews, accesses, or learns (directly or
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`indirectly) of Defendants’ RESTRICTED – ATTORNEYS’ EYES ONLY Protected
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`Material shall, for a period commencing upon receipt of such information and ending one
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`year following final disposition of this case engage in any Post Grant Activity (as defined
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`below) on behalf of any Party other than the producing Party. Final disposition shall be
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`7
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`deemed to be the later of (1) dismissal of all claims and defenses in this action, with or
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`without prejudice; and (2) final judgment herein after the completion and exhaustion of all
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`appeals, rehearings, remands, trials, or reviews of this action, including the time limits for
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`filing any motions or applications for extension of time pursuant to applicable law.
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`13.
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`Post Grant Activity shall mean any activity related to directly or indirectly providing any
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`advice, counseling, preparing, prosecuting, editing, amending and/or drafting of any claim for
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`any post grant proceeding involving any of the patents-in-suit or other patent or patent
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`application claiming priority to or otherwise related to the patents-in-suit (including, but not
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`limited to, a reissue application, post grant review, supplemental examination, opposition,
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`covered business method post grant review, ex parte reexamination or inter partes review)
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`before any domestic or foreign patent office or agency. The restrictions set forth in paragraphs
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`11 and 12 shall apply immediately upon a good faith belief that an amendment or change to
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`any claim or its scope (whether by textual amendments, disclaimer, or through argument) of
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`any of the patents-in-suit (or other patent or patent application claiming priority to or otherwise
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`related to the patents-in-suit) would be made or any new claim(s) would be added in such a
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`post grant proceeding.
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`14.
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`Nothing in this Order shall require production of documents, information or other material
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`that a Party contends is protected from disclosure by the attorney-client privilege, the work
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`product doctrine, or other privilege, doctrine, or immunity. If documents, information or
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`other material subject to a claim of attorney-client privilege, work product doctrine, or other
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`privilege, doctrine, or immunity is inadvertently or unintentionally produced, such
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`production shall in no way prejudice or otherwise constitute a waiver of, or estoppel as to,
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`any such privilege, doctrine, or immunity. Any Party that inadvertently or unintentionally
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`produces documents, information or other material it reasonably believes are protected under
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`8
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`the attorney-client privilege, work product doctrine, or other privilege, doctrine, or immunity
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`may obtain the return of such documents, information or other material by promptly
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`notifying the recipient(s). The recipient(s) shall destroy or return all copies of such
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`documents, information or other material to the producing Party, except for any pages
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`containing privileged or otherwise protected markings by the recipient(s), which pages
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`shall instead be destroyed and certified as such to the producing Party within five (5)
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`court days and the information may not be used for any purpose. Moreover, any notes or
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`summaries referring or relating to any such inadvertently or mistakenly produced
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`information subject to a claim of immunity or privilege shall be destroyed. If a party
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`subsequently re-produces in redacted form a document that had previously been
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`inadvertently produced and then was returned or destroyed in its entirety based on a
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`request under this Paragraph, the subsequently re-produced, redacted version of the
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`document shall bear the same Bates number as the originally-produced document, along
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`with an “-R” suffix.
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`15.
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`There shall be no disclosure of any DESIGNATED MATERIAL by any person authorized
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`to have access thereto to any person who is not authorized for such access under this Order.
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`The Parties are hereby ORDERED to safeguard all such documents, information and
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`material to protect against disclosure to any unauthorized persons or entities.
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`16.
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`Inadvertent failure to designate any material which a producing Party claims should be
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`Protected Material will not be deemed a waiver of the right to make that designation. Upon
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`receiving written notice of such failure to designate, all receiving Parties shall reasonably
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`cooperate to restore the confidentiality of the inadvertently or unintentionally disclosed
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`Produced Material. No party shall be held in breach of this Order if, prior to notification
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`9
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`of such later designation, such Produced Material had been disclosed or used in a manner
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`inconsistent with such later designation. The producing Party shall provide substitute
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`copies bearing the corrected designation. The receiving Party shall make reasonable
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`efforts to retrieve and replace the inadvertently or unintentionally disclosed Produced
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`Material with the provided substitute copies and shall return or certify the destruction of
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`the undesignated Produced Material in the receiving Party’s possession.
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`17.
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`Nothing contained herein shall be construed to prejudice any Party’s right to use any
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`DESIGNATED MATERIAL in taking testimony at any deposition or hearing provided that
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`the DESIGNATED MATERIAL is only disclosed to a person(s) whom the attorney or
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`Party showing the document has a reasonable, good-faith belief is: (i) eligible to have
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`access to the DESIGNATED MATERIAL by virtue of his or her employment with the
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`designating party, (ii) identified in the DESIGNATED MATERIAL as an author, addressee,
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`or copy recipient of such information, (iii) although not identified as an author, addressee,
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`or copy recipient of such DESIGNATED MATERIAL, has, in the ordinary course of
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`business, seen such DESIGNATED MATERIAL, (iv) a current or former officer, director
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`or employee of the producing Party or a current or former officer, director or employee of
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`a company affiliated with the producing Party; (v) counsel for a Party, including outside
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`counsel and in-house counsel; (vi) an independent contractor, consultant, and/or expert
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`retained for the purpose of this litigation; (vii) court reporters and videographers; (viii)
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`the Court; or (ix) other persons entitled hereunder to access to DESIGNATED
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`MATERIAL. DESIGNATED MATERIAL shall not be disclosed to any other persons
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`unless prior authorization is obtained from counsel representing the producing Party or
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`from the Court.
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`10
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`18.
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`Parties may, at the deposition or hearing or within thirty (30) c a l e n d a r days after
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`receipt of a final deposition or hearing transcript, designate the deposition or hearing
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`transcript or any portion
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`thereof as “CONFIDENTIAL” or “RESTRICTED -
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`ATTORNEY’ EYES ONLY” pursuant to this Order. Access to the deposition or hearing
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`transcript so designated shall be limited in accordance with the terms of this Order. Until
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`expiration of the 30-day period, the entire deposition or hearing transcript shall be treated
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`as confidential.
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`19.
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`Any DESIGNATED MATERIAL that is filed with the Court shall be filed under seal in
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`accordance with the Court’s CM/ECF procedures and shall remain under seal until further
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`order of the Court. The filing party shall be responsible for informing the Clerk of the Court
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`that the filing should be sealed and for placing the legend “FILED UNDER SEAL” above
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`the caption. Exhibits to a filing shall conform to the labeling requirements set forth in this
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`Order.
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`20.
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`The Order applies to pretrial discovery. Nothing in this Order shall be deemed to prevent
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`the Parties from introducing any DESIGNATED MATERIAL into evidence at the trial of
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`this Action, or from using any information contained in DESIGNATED MATERIAL at
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`the trial of this Action, subject to any pretrial order issued by this Court regarding the
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`confidential treatment of such documents at trial.
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`2 1 . The acceptance of Protected Material by the parties shall not constitute an admission or
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`concession or permit an inference that the Protected Material has been properly designated
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`as such. A Party may request in writing to the other Party that the designation given to
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`any DESIGNATED MATERIAL be modified or withdrawn. Such request shall be made
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`in writing to counsel for the producing Party and shall identify the DESIGNATED
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`11
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`MATERIAL that the receiving Party contends has been inappropriately designated and
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`the reasons supporting its contention. If the producing Party does not agree to withdraw
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`or modify the DESIGNATED MATERIAL within ten (10) court days, the producing Party
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`and the receiving Party shall meet and confer in good faith to resolve the issue without the
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`need for Court intervention. If a disagreement remains and the producing Party does not
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`agree to withdraw or modify the DESIGNATED MATERIAL designation within five (5)
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`court days after the parties have met and conferred, the party contesting the designation
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`may request by motion that the Court strike or modify the contested designation as
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`appropriate. The burden of demonstrating that the document, object, or information
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`qualifies for the contested designation, i.e. Confidential or Highly Confidential, shall be
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`on the producing Party. Until the Court resolves the dispute, the DESIGNATED
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`MATERIAL shall continue to be treated under the existing designation.  
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`22.
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`Each outside consultant or expert to whom DESIGNATED MATERIAL is disclosed in
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`accordance with the terms of this Order shall be advised by counsel of the terms of this
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`Order, shall be informed that he or she is subject to the terms and conditions of this Order,
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`and shall sign an acknowledgment that he or she has received a copy of, has read, and has
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`agreed to be bound by this Order. A copy of the acknowledgment form is attached as
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`Appendix A.
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`23.
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`To the extent that any discovery is taken of persons who are not Parties to this Action
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`(“Third Parties”) and in the event that such Third Parties contend the discovery sought
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`involves trade secrets, confidential business information, or other proprietary information,
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`then such Third Parties may agree to be bound by this Order.
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`24.
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`To the extent that discovery or testimony is taken of Third Parties, the Third Parties may
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`12
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`Case 1:17-cv-00868-CFC-SRF Document 48 Filed 08/19/19 Page 13 of 17 PageID #: 1412
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`designate as “CONFIDENTIAL” or “RESTRICTED - ATTORNEYS’ EYES ONLY” any
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`documents, information or other material, in whole or in part, produced or given by such
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`Third Parties. The Third Parties shall have ten court (10) days after production of such
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`documents, information or other materials to make such a designation. Until that time
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`period lapses or until such a designation has been made, whichever occurs sooner, all
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`documents, information or other material so produced or given shall be treated as
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`“CONFIDENTIAL” in accordance with this Order.
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`25. Within sixty (60) c a l e n d a r days of final termination of this Action, including any
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`appeals, all DESIGNATED MATERIAL, including all copies, duplicates, abstracts,
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`indexes, summaries, descriptions, and excerpts or extracts thereof (excluding excerpts or
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`extracts incorporated into any privileged memoranda of the Parties and materials which
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`have been admitted into evidence in this Action), shall either be returned to the producing
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`Party or be destroyed. If requested by the producing Party, the receiving Party shall verify
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`the return or destruction by affidavit furnished to the producing Party. Notwithstanding
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`this provision, outside counsel are entitled to retain an archival copy of all pleadings,
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`motion papers,
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`trial, deposition, and hearing
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`transcripts,
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`legal memoranda,
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`correspondence, deposition and trial exhibits, expert reports, attorney work product, and
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`consultant and expert work product, even if such materials contain Protected Material.
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`Any such archival copies that contain or constitute Protected Material remain subject to
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`this Order.
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`26.
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`The failure to designate documents, information or material in accordance with this Order
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`and the failure to object to a designation at a given time shall not preclude the filing of a
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`motion at a later date seeking to impose such designation or challenging the propriety
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`13
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`thereof. The entry of this Order and/or the production of documents, information and
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`material hereunder shall in no way constitute a waiver of any objection to the furnishing
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`thereof, all such objections being hereby preserved.
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`27.
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`Any Party knowing or believing that any other party is in violation of or intends to violate
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`this Order that has raised the question of violation or potential violation with the opposing
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`party and has been unable to resolve the matter by agreement may move the Court for such
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`relief as may be appropriate in the circumstances following a meet and confer. Pending
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`disposition of the motion by the Court, the Party alleged to be in violation of or intending
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`to violate this Order shall discontinue the performance of and/or shall not undertake the
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`further performance of any action alleged to constitute a violation of this Order.
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`28.
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`Production of DESIGNATED MATERIAL by each of the Parties shall not be deemed a
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`publication of the documents, information and material (or the contents thereof) produced
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`so as to void or make voidable whatever claim the Parties may have as to the proprietary and
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`confidential nature of the documents, information or other material or its contents.
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`29.
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`Nothing in this Order shall be construed to effect an abrogation, waiver or limitation of any
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`kind on the rights of each of the Parties to assert any applicable discovery or trial privilege.
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`30.
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`Each of the Parties shall also retain the right to file a motion with the Court (a) to modify this
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`Order to allow disclosure of DESIGNATED MATERIAL to additional persons or entities
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`if reasonably necessary to prepare and present this Action and (b) to apply for additional
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`protection of DESIGNATED MATERIAL.
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`31.
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`Other Proceedings. By entering this Order and limiting the disclosure of information in
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`this case, the Court does not intend to preclude another court from finding that information
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`may be relevant and subject to disclosure in another case. Any person or party subject to
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`Case 1:17-cv-00868-CFC-SRF Document 48 Filed 08/19/19 Page 15 of 17 PageID #: 1414
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`this Order who becomes subject to a motion to disclose another party’s information
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`designated as CONFIDENTIAL or RESTRICTED - ATTORNEYS’ EYES ONLY
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`pursuant to this Order shall promptly notify that party of the motion so that the party may
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`have an opportunity to appear and be heard on whether that information should be
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`disclosed.
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`Dated: August 19, 2019
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`FARNAN LLP
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`
`/s/ Brian E. Farnan
`Brian E. Farnan (#4089)
`Michael J. Farnan (#5165)
`919 North Market Street
`12th Floor
`Wilmington, DE 19801
`(302) 777-0300 (Telephone)
`(302) 777-0301 (Facsimile)
`bfarnan@farnanlaw.com
`
`Attorneys for Plaintiffs
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`Respectfully submitted,
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`Richards, Layton & Finger, P.A.
`
`
`/s/ Katharine L. Mowery
`Frederick L. Cottrell, III (#2555)
`Jeffrey L. Moyer (#3309)
`Katharine L. Mowery (#5629)
`One Rodney Square
`920 N. King Street
`Wilmington, Delaware 19801
`(302) 651-7700
`cottrell@rlf.com
`moyer@rlf.com
`mowery@rlf.com
`
`Attorneys for L’Oréal USA
`
`IT IS SO ORDERED this __ day of _____________________, 2019.
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`______________________________
`The Honorable Colm F. Connolly
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`15
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`Case 1:17-cv-00868-CFC-SRF Document 48 Filed 08/19/19 Page 16 of 17 PageID #: 1415
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`UNIVERSITY OF MASSACHUSETTS
`and CARMEL LABORATORIES, LLC,
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`v.
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`L’ORÉAL USA, INC.,
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`
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`Plaintiffs,
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`Defendant.
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`Case No. 1:17-cv-00868-CFC-SRF
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`1.
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`2.
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`APPENDIX A
`UNDERTAKING OF EXPERTS OR CONSULTANTS REGARDING
`PROTECTIVE ORDER
`I, ___________________________________________, declare that:
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`I have received a copy of the Protective Order in this action. I have carefully read and
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`understand the provisions of the Protective Order.
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`I will comply with all of the provisions of the Protective Order. I will hold in confidence,
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`will not disclose to anyone not qualified under the Protective Order, and will use only for
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`purposes of this action any information designated as “CONFIDENTIAL” or
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`“RESTRICTED - ATTORNEYS’ EYES ONLY.”
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`3.
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`Promptly upon termination of these actions, I will return all documents and things
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`designated as “CONFIDENTIAL” or “RESTRICTED - ATTORNEYS’ EYES ONLY”
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`that came into my possession, and all documents and things that I have prepared relating
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`thereto, to the outside counsel for the party by whom I am employed.
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`4.
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`I hereby submit to the jurisdiction of this Court for the purpose of enforcement of the
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`Protective Order in this action.
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`16
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`Case 1:17-cv-00868-CFC-SRF Document 48 Filed 08/19/19 Page 17 of 17 PageID #: 1416
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`I declare under penalty of perjury that the foregoing is true and correct.
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`Signature ________________________________________
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`Date ____________________________________________
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`17
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