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`Exhibit A
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`Case 2:22-md-03034-TGB ECF No. 85-1, PageID.2619 Filed 09/23/22 Page 2 of 8
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`UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF MICHIGAN
`SOUTHERN DIVISION
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`In Re: Neo Wireless, LLC,
`Patent Litigation
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`Case No. 2:22-md-03034-TGB
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` Hon. Terrence G. Berg
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`_______________________________________________________________________
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`DEFAULT PROTECTIVE ORDER
`Pursuant to Federal Rule of Civil Procedure 26(c), the Court hereby enters the following
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`protective order:
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`1.
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`Confidential Information – Any document or thing that a party reasonably and
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`in good faith believes to contain confidential information that is not publicly available (such as
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`research and development, commercial, or other sensitive information) may be produced by that
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`party with the clear and obvious designation “CONFIDENTIAL – SUBJECT TO PROTECTIVE
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`ORDER.”
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`2.
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`Non-Disclosure of Confidential Information – Any document or thing
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`designated as “CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER” may only be used to
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`prosecute or defend this action and shall not be disclosed to (or the content discussed with)
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`anyone other than the following persons:
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`a.
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`The named parties in this case, their attorneys, and their support staff (e.g.,
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`copying and document management personnel).
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`1
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`Case 2:22-md-03034-TGB ECF No. 85-1, PageID.2620 Filed 09/23/22 Page 3 of 8
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`b.
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`Independent experts or consultants engaged by a party’s attorneys to assist
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`in the preparation and trial of this case who agree to abide by the terms of
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`this Protective Order by signing Exhibit A and who are approved by the
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`producing party pursuant to paragraph 5 below.
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`c.
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`Deposition witnesses whose testimony is being taken with respect to the
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`document or thing, or about the subject matter of the document or thing,
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`who agree to abide by the terms of this Protective Order.
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`d.
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`This Court and its staff members.
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`3.
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`Highly Confidential Information – Attorney’s Eyes Only – Any document or
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`thing that a party in good faith believes to contain highly confidential information that is not
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`publicly available (such as a trade secret, or highly confidential research and development,
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`commercial, or other sensitive information) may be produced by that party with the clear and
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`obvious designation “HIGHLY CONFIDENTIAL – ATTORNEY’S EYES ONLY.”
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`4.
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`Non-Disclosure of Highly Confidential Information – Any document or thing
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`designated “HIGHLY CONFIDENTIAL – ATTORNEY’S EYES ONLY” may only be used to
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`prosecute or defend this action and shall not be disclosed to (nor the content discussed with) anyone
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`other than the following persons:
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`a.
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`Outside attorneys of record in this lawsuit and their support staff (e.g.,
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`copying and document management personnel) who are not involved in
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`patent prosecution for the receiving party in the same technology area.
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`b.
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`Independent experts or consultants engaged by a party’s attorneys to assist
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`in the preparation and trial of this case who agree to abide by the terms of
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`2
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`Case 2:22-md-03034-TGB ECF No. 85-1, PageID.2621 Filed 09/23/22 Page 4 of 8
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`this Protective Order by signing Exhibit A and who are approved by the
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`producing party pursuant to paragraph 5 below.
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`c.
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`Deposition witnesses whose testimony is being taken with respect to the
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`document or thing, or about the subject matter of the document or thing,
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`who agree to abide by the terms of this Protective Order.
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`d.
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`This Court and its staff members.
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`Disclosure to Experts and Consultants – Before any documents, testimony, or
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`5.
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`other information designated as “CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER” or
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`“HIGHLY CONFIDENTIAL – ATTORNEY’S EYES ONLY” are disclosed to an independent
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`expert or consultant, the receiving party shall give the producing party ten (10) days written notice
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`of the proposed expert. If the producing party objects to the expert, no designated material or
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`information of the producing party shall be disclosed to the expert or consultant until the issue is
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`resolved by the Court.
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`6.
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`Deposition Testimony – Any portions of requested testimony, a transcript and/or
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`a brief may be designated as “CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER” or
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`“HIGHLY CONFIDENTIAL – ATTORNEY’S EYES ONLY” if the party or attorney making the
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`designation reasonably and in good faith believes it will reveal a trade secret or other confidential
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`research and development, commercial, or sensitive information.
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`7.
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`Motion Practice – This Order does not authorize the filing of any documents under
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`seal. Local Rule 5.3 shall apply to the sealing of documents submitted as part of a motion or other
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`court filing. Documents may be sealed only as authorized by statute, rule, or specific order of the
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`Court. The Court notes that the standards under Rule 26 for entering a protective order to govern
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`3
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`Case 2:22-md-03034-TGB ECF No. 85-1, PageID.2622 Filed 09/23/22 Page 5 of 8
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`discovery differ from the more demanding standards for sealing off judicial records from public
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`view. Shane Group, Inc. v. Blue Cross Blue Shield of Michigan, 825 F.3d 299 (6th Cir. 2016).
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`There is a “strong presumption in favor of openness’ regarding court records.” Id. at 305 (quoting
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`Brown & Williamson Tobacco Corp. v. F.T.C., 710 F.3d 1165, 1180 (6th Cir. 1983).
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`8.
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`Discovery from Third Parties – This Protective Order shall apply to discovery
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`sought from persons or companies who are not parties to this lawsuit. Third parties may designate
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`information produced under either the “CONFIDENTIAL – SUBJECT TO PROTECTIVE
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`ORDER” or “HIGHLY CONFIDENTIAL – ATTORNEY’S EYES ONLY” designation.
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`9.
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`Challenging “Confidential” or “Highly Confidential” Designation – Any party
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`that wishes to challenge the designation of any document, thing, or testimony as confidential or
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`highly confidential under Federal Rule of Civil Procedure 26(c) may do so at any time by way of
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`motion to this Court. The designating party shall have the burden of justifying its designation.
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`Before filing any such motion, however, the parties shall first attempt to resolve their disagreement
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`without Court intervention.
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`10.
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`11.
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`Trial Testimony – This Protective Order shall not govern proceedings at trial.
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`Termination of Lawsuit – All documents and
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`things designated as
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`“CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER” or “HIGHLY CONFIDENTIAL –
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`ATTORNEY’S EYES ONLY,” and all copies thereof, shall either be returned to the party that
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`produced them upon the final disposition of this action or they may be destroyed with permission
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`of the party that produced them. This provision shall not apply to documents and things the Court
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`determines are not confidential.
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`4
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`Case 2:22-md-03034-TGB ECF No. 85-1, PageID.2623 Filed 09/23/22 Page 6 of 8
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`12.
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`Inadvertent Production of Privileged Material – Any inadvertent production of
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`privilege or work product protected material shall not result in the waiver of any associated
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`privilege (attorney-client privilege, work product doctrine, etc.). However, the disclosure of any
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`particular material shall cease to be “inadvertent” if the receiving party notifies the producing party
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`of the disclosure and the producing party does not request the return of the privileged matter within
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`10 days.
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`Dated: _______________________
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`CGD
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`SO ORDERED
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`__________________________
`Honorable Terrence G. Berg
`United States District Court Judge
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`5
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`Case 2:22-md-03034-TGB ECF No. 85-1, PageID.2624 Filed 09/23/22 Page 7 of 8
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`UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF MICHIGAN
`SOUTHERN DIVISION
`
`
`In Re: Neo Wireless, LLC,
`Patent Litigation
`
`
`
`Case No. 2:22-md-03034-TGB
`
` Hon. Terrence G. Berg
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`1.
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`2.
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`EXHIBIT A – AGREEMENT TO BE BOUND BY PROTECTIVE ORDER
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`I, __________________________, declare as follows:
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`I have read the Protective Order in the above captioned case.
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`I promise
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`that I will only use
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`the documents and
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`things designated as
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`“CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER” or “HIGHLY
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`CONFIDENTIAL – ATTORNEY’S EYES ONLY” that are given to me for purposes
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`of this lawsuit.
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`3.
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`I promise that I will not disclose or discuss information that I learn from documents
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`and things designated as “CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER”
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`or “HIGHLY CONFIDENTIAL – ATTORNEY’S EYES ONLY” with anyone other
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`than the persons described in the Protective Order.
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`4.
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`I acknowledge that, by signing this agreement, I am subjecting myself to the
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`jurisdiction of the United States District Court for the Eastern District of Michigan with
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`respect to enforcement of this Protective Order.
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`5.
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`I understand that any disclosure or use of documents or things designated as
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`“CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER” or “HIGHLY
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`Case 2:22-md-03034-TGB ECF No. 85-1, PageID.2625 Filed 09/23/22 Page 8 of 8
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`CONFIDENTIAL – ATTORNEY’S EYES ONLY,” or information learned from the
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`documents or things, in any manner contrary to the provisions of the Protective Order
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`may subject me to sanctions for contempt of court.
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`Date: ___________
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`____________________________________
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`[Signature]
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`7
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