Case 2:22-md-03034-TGB ECF No. 94, PageID.2759 Filed 10/18/22 Page 1 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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`DEFAULT PROTECTIVE ORDER
`Pursuant to Federal Rule of Civil Procedure 26(c), the Court hereby enters
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`the following protective order:
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`1.
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`Confidential Information – Any document or thing that a party
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`reasonably and in good faith believes to contain confidential information that is not
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`publicly available (such as research and development, commercial, or other
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`sensitive information) may be produced by that party with the clear and obvious
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`designation “CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER.”
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`2.
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`Non-Disclosure of Confidential Information – Any document or
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`thing designated as “CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER”
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`may only be used to prosecute or defend this action and shall not be disclosed to (or
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`the content discussed with) 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
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`staff (e.g., copying and document management personnel).
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`1
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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
`
`
`
`
`
`
`
`
`DEFAULT PROTECTIVE ORDER
`Pursuant to Federal Rule of Civil Procedure 26(c), the Court hereby enters
`
`the following protective order:
`
`1.
`
`Confidential Information – Any document or thing that a party
`
`reasonably and in good faith believes to contain confidential information that is not
`
`publicly available (such as research and development, commercial, or other
`
`sensitive information) may be produced by that party with the clear and obvious
`
`designation “CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER.”
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`2.
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`Non-Disclosure of Confidential Information – Any document or
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`thing designated as “CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER”
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`may only be used to prosecute or defend this action and shall not be disclosed to (or
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`the content discussed with) anyone other than the following persons:
`
`a.
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`The named parties in this case, their attorneys, and their support
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`staff (e.g., copying and document management personnel).
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`1
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`Case 2:22-md-03034-TGB ECF No. 94, PageID.2760 Filed 10/18/22 Page 2 of 8
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`b.
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`Independent experts or consultants engaged by a party’s
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`attorneys to assist in the preparation and trial of this case who
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`agree to abide by the terms of this Protective Order by signing
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`Exhibit A and who are approved by the producing party
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`pursuant to paragraph 5 below.
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`c.
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`Deposition witnesses whose testimony is being taken with
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`respect to the document or thing, or about the subject matter of
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`the document or thing, who agree to abide by the terms of this
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`Protective Order.
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`d.
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`This Court and its staff members.
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`3. Highly Confidential Information – Attorney’s Eyes Only – Any
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`document or thing that a party in good faith believes to contain highly confidential
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`information that is not publicly available (such as a trade secret, or highly
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`confidential research and development, commercial, or other sensitive information)
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`may be produced by that party with the clear and obvious designation “HIGHLY
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`CONFIDENTIAL – ATTORNEY’S EYES ONLY.”
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`4.
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`Non-Disclosure of Highly Confidential Information – Any
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`document or thing designated “HIGHLY CONFIDENTIAL – ATTORNEY’S
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`EYES ONLY” may only be used to prosecute or defend this action and shall not be
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`disclosed to (nor the content discussed with) anyone other than the following
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`persons:
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`2
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`Case 2:22-md-03034-TGB ECF No. 94, PageID.2761 Filed 10/18/22 Page 3 of 8
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`a.
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`Outside attorneys of record in this lawsuit and their support
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`staff (e.g., copying and document management personnel) who
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`are not involved in patent prosecution for the receiving party in
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`the same technology area.
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`b.
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`Independent experts or consultants engaged by a party’s
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`attorneys to assist in the preparation and trial of this case who
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`agree to abide by the terms of this Protective Order by signing
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`Exhibit A and who are approved by the producing party
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`pursuant to paragraph 5 below.
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`c.
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`Deposition witnesses whose testimony is being taken with
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`respect to the document or thing, or about the subject matter of
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`the document or thing, who agree to abide by the terms of this
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`Protective Order.
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`d.
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`This Court and its staff members.
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`5.
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`Disclosure to Experts and Consultants – Before any documents,
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`testimony, or other information designated as “CONFIDENTIAL – SUBJECT TO
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`PROTECTIVE ORDER” or “HIGHLY CONFIDENTIAL – ATTORNEY’S EYES
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`ONLY” are disclosed to an independent expert or consultant, the receiving party
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`shall give the producing party ten (10) days written notice of the proposed expert. If
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`the producing party objects to the expert, no designated material or information of
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`Case 2:22-md-03034-TGB ECF No. 94, PageID.2762 Filed 10/18/22 Page 4 of 8
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`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
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`transcript and/or a brief may be designated as “CONFIDENTIAL – SUBJECT TO
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`PROTECTIVE ORDER” or “HIGHLY CONFIDENTIAL – ATTORNEY’S EYES
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`ONLY” if the party or attorney making the designation reasonably and in good faith
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`believes it will reveal a trade secret or other confidential research and development,
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`commercial, or sensitive information.
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`7. Motion Practice – This Order does not authorize the filing of any
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`documents under seal. Local Rule 5.3 shall apply to the sealing of documents
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`submitted as part of a motion or other court filing. Documents may be sealed only
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`as authorized by statute, rule, or specific order of the Court. The Court notes that
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`the standards under Rule 26 for entering a protective order to govern discovery
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`differ from the more demanding standards for sealing off judicial records from
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`public view. Shane Group, Inc. v. Blue Cross Blue Shield of Michigan, 825 F.3d
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`299 (6th Cir. 2016). There is a “strong presumption in favor of openness’ regarding
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`court records.” Id. at 305 (quoting Brown & Williamson Tobacco Corp. v. F.T.C.,
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`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
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`discovery sought from persons or companies who are not parties to this lawsuit.
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`Third parties may designate
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`information produced under
`4
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`either
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`the
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`Case 2:22-md-03034-TGB ECF No. 94, PageID.2763 Filed 10/18/22 Page 5 of 8
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`“CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER” or “HIGHLY
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`CONFIDENTIAL – ATTORNEY’S EYES ONLY” designation.
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`9.
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`Challenging “Confidential” or “Highly Confidential” Designation
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`– Any party that wishes to challenge the designation of any document, thing, or
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`testimony as confidential or highly confidential under Federal Rule of Civil
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`Procedure 26(c) may do so at any time by way of motion to this Court. The
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`designating party shall have the burden of justifying its designation. Before filing
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`any such motion, however, the parties shall first attempt to resolve their
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`disagreement without Court intervention.
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`10.
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`Trial Testimony – This Protective Order shall not govern
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`proceedings at trial.
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`11. Termination of Lawsuit – All documents and things designated as
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`“CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER” or “HIGHLY
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`CONFIDENTIAL – ATTORNEY’S EYES ONLY,” and all copies thereof, shall
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`either be returned to the party that produced them upon the final disposition of this
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`action or they may be destroyed with permission of the party that produced them.
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`This provision shall not apply to documents and things the Court determines are not
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`confidential.
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`12.
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`Inadvertent Production of Privileged Material – Any inadvertent
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`production of privilege or work product protected material shall not result in the
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`waiver of any associated privilege (attorney-client privilege, work product
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`Case 2:22-md-03034-TGB ECF No. 94, PageID.2764 Filed 10/18/22 Page 6 of 8
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`doctrine, etc.). However, the disclosure of any particular material shall cease to be
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`“inadvertent” if the receiving party notifies the producing party of the disclosure and
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`the producing party does not request the return of the privileged matter within 10
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`days.
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`Dated: October 18, 2022
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`
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`SO ORDERED
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`
`/s/Terrence G. Berg
`Honorable Terrence G. Berg
`United States District Court
`Judge
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`6
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`Case 2:22-md-03034-TGB ECF No. 94, PageID.2765 Filed 10/18/22 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
`
`I,
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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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`, declare as follows:
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`I have read the Protective Order in the above captioned case.
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`I promise that I will only use the documents and things designated as
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`“CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER” or
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`“HIGHLY CONFIDENTIAL – ATTORNEY’S EYES ONLY” that are
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`given to me for purposes 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
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`documents and things designated as “CONFIDENTIAL – SUBJECT TO
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`PROTECTIVE ORDER” or
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`“HIGHLY CONFIDENTIAL
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`–
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`ATTORNEY’S EYES ONLY” with anyone other than the persons
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`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
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`the jurisdiction of the United States District Court for the Eastern District
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`of Michigan with respect to enforcement of this Protective Order.
`1
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`Case 2:22-md-03034-TGB ECF No. 94, PageID.2766 Filed 10/18/22 Page 8 of 8
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`5.
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`I understand that any disclosure or use of documents or things designated
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`as “CONFIDENTIAL – SUBJECT TO PROTECTIVE ORDER” or
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`“HIGHLY CONFIDENTIAL – ATTORNEY’S EYES ONLY,” or
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`information learned from the documents or things, in any manner
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`contrary to the provisions of the Protective Order may subject me to
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`sanctions for contempt of court.
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`Date:
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`[Signature]
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`2
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