`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
`
`SIPCO, LLC and IP CO, LLC
`(d/b/a INTUS IQ),
`
`Plaintiffs,
`
`v.
`
`EMERSON ELECTRIC CO., EMERSON
`PROCESS MANAGEMENT LLLP,
`FISHER-ROSEMOUNT SYSTEMS, INC.,
`ROSEMOUNT INC., BP, p.l.c., BP
`AMERICA PRODUCTION COMPANY,
`
`Defendants.
`
`Civil Action No. 6:15-cv-907
`
`FIRST STIPULATED ADDENDUM TO PROTECTIVE ORDER
`
`WHEREAS Defendants Emerson Electric Co., Emerson Process Management LLLP,
`
`Fisher-Rosemount Systems, Inc., and Rosemount Inc. (“Defendants”) have produced to Plaintiffs
`
`information designated by Plaintiffs as “Attorneys Eyes Only” information under the Protective
`
`Order (Doc. No. 68);
`
`WHEREAS Plaintiffs have identified to Defendants certain individuals as party
`
`representatives under Section 7(f) of the Protective Order to whom Defendants wish to provide
`
`access to Plaintiffs’ “Attorneys Eyes Only” information;
`
`WHEREAS Third Party Linear Technology Corp. (“Linear”) has or may also produce
`
`information to Defendants designated as “Attorneys Eyes Only”;
`
`WHEREAS Plaintiffs have not identified to Linear any party representatives under
`
`Section 7(f) of the Protective Order to whom Plaintiffs wish to provide access to Linear’s
`
`“Attorneys Eyes Only” information;
`
`1
`
`
`
`Case 1:16-cv-02690-AT Document 93 Filed 06/23/16 Page 2 of 3
`
`WHEREAS, under agreements calling for confidentiality and non-disclosure, Defendants
`
`are in possession of potentially producible material revealing information received from Linear,
`
`including highly sensitive product design, development, and other technical information;
`
`WHEREAS to the extent produced, that material revealing information received from
`
`Linear will be designated as “Attorneys Eyes Only” information;
`
` WHEREAS Linear objects to any access to Linear’s Attorneys Eyes Only information
`
`by Plaintiffs’ representatives identified under Section 7(f) of the Protective Order until and
`
`unless Plaintiffs seek and receive consent of Linear or leave of Court;
`
`WHEREAS Plaintiffs have licensees who have objected to the production of certain
`
`license-related documents to Defendants because such documents may be shared with
`
`Defendants’ representatives under Section 7(f) of the Protective Order;
`
`THEREFORE, pursuant to Section 16 of the Protective Order (Doc. No. 68), Plaintiffs
`
`SIPCO, LLC and IP CO, LLC and Defendants Emerson Electric Co., Emerson Process
`
`Management LLLP, Fisher-Rosemount Systems, Inc., and Rosemount Inc. stipulate by
`
`agreement with Third Party Linear Technology Corp. to the following additional provisions to
`
`the Protective Order:
`
`“Attorneys Eyes Only” Information that Linear (or third-party licensees) reasonably
`
`believes should not be accessed by party representatives may be additionally designated as
`
`OUTSIDE COUNSEL’S EYES ONLY, and shall not be disclosed to any individual(s) identified
`
`under Section 7(f) of the Protective Order without consent of Linear (or the third-party licensees)
`
`or leave of Court, which in any event shall require a showing by Plaintiffs (or in the case of the
`
`third-party licensees, Defendants) that the specific information sought to be so disclosed is
`
`specifically relevant to a claim or defense, that there is substantial need for such disclosure to
`
`2
`
`
`
`Case 1:16-cv-02690-AT Document 93 Filed 06/23/16 Page 3 of 3
`
`such individual(s) that cannot be otherwise met without undue hardship on Plaintiffs (or in the
`
`case of the third-party licensees, Defendants), and that the need for such disclosure is
`
`proportional to the needs of the case taking into account the factors specified in the Federal
`
`Rules.
`
`Documents, things, and source code produced subject to the Protective Order and any
`
`Addendums in the case Emerson Elec. Co. et al. v. SIPCO, LLC et al., Civil No. 1:15-cv-319
`
`(N.D. Ga.) will be considered produced in this Action, provided that information additionally
`
`designated as OUTSIDE COUNSEL’S EYES ONLY shall in this case also be subject to and
`
`give rise to the same restrictions set forth in Emerson Elec. Co. et al. v. SIPCO, LLC et al., Civil
`
`No. 1:15-cv-319 (N.D. Ga.) in the Protective Order and any modifications thereto, including any
`
`Addendums.
`
`3
`
`So ORDERED and SIGNED this 23rd day of June, 2016.
`
`
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