`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`___________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________________
`
`
`
`BAKER HUGHES INCORPORATED and
`BAKER HUGHES OILFIELD OPERATIONS, INC.,
`Petitioners
`
`v.
`
`PACKERS PLUS ENERGY SERVICES INC.,
`Patent Owner
`
`___________________
`
`Case IPR2016-00596
`Patent 7,134,505
`___________________
`
`
`EXCLUSIVE LICENSEE RAPID COMPLETIONS LLC’S
`MOTION TO SEAL
`
`
`
`
`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`

`

`Case IPR2016-00596
`Patent 7,134,505
`
`
`
`Pursuant to 37 C.F.R. §§ 42.14, 42.54, Exclusive Licensee Rapid
`
`Completions respectfully moves to seal Exhibits 2021, 2024, and 2025, and
`
`portions of Exhibits 2034 and 2035 filed herewith, which contain confidential
`
`information as described below. Respondent is also submitting an agreed
`
`proposed protective order to govern protection of this information. This proposed
`
`order differs from the Board’s default order only in that it includes a prosecution
`
`bar and also protections for Attorneys Eyes Only and AEO-TECHNICAL
`
`confidential information. These changes were made so that the order is consistent
`
`with the parties’ obligations under a district court protective order (copy attached
`
`as Exhibit A to this motion) that also governs protection of the materials at issue.
`
`Petitioners do not oppose this motion.
`
`I.
`GOOD CAUSE EXISTS FOR SEALING CERTAIN CONFIDENTIAL
`INFORMATION
`
`In determining whether to grant a Motion to Seal, the Board must find “good
`
`cause” and “strike a balance between the public’s interest in maintaining a
`
`complete and understandable file history and the parties’ interest in protecting truly
`
`sensitive information.” 37 C.F.R. § 42.54(a); 77 Fed. Reg. 48756, 48760 (Aug. 14,
`
`2012). As described in the Office Trial Practice Guide, the Board identifies
`
`confidential information in a manner “consistent with Federal Rule of Civil
`
`Procedure 26(c)(1)(G), which provides for protective orders for trade secret or
`
`
`
`

`

`Case IPR2016-00596
`Patent 7,134,505
`
`
`
`
`other confidential research, development, or commercial information.” 77 Fed.
`
`Reg. 48756, 48760 (Aug. 14, 2012).
`
`Exhibit 2021 is a Rystad Energy report entitled “Ball activated sliding
`
`sleeves” that contains the following statement: “This document is the property of
`
`Rystad Energy. The document must not be reproduced or distributed in any forms,
`
`in parts or full without permission from Rystad Energy.” Petitioners produced this
`
`document during discovery in litigation and Respondent and Petitioners are
`
`obligated to maintain this document as confidential under the litigation protective
`
`order (Ex. A). The public’s interest in accessing this information for purposes of
`
`patentability of the challenged claims in this proceeding is outweighed by the
`
`prejudicial effect that such disclosure would have on Rystad Energy and/or
`
`Petitioners.
`
`Exhibit 2024 contains highly confidential information showing aspects of
`
`Petitioners’ tool designs, development process, and financial information.
`
`Petitioners produced this document during discovery in litigation and Respondent
`
`is obligated to maintain this document as confidential under the litigation
`
`protective order (Ex. A). The public’s interest in accessing this information for
`
`
`
`
`
`- 2 -
`
`

`

`Case IPR2016-00596
`Patent 7,134,505
`
`
`
`
`purposes of patentability of the challenged claims in this proceeding is outweighed
`
`by the prejudicial effect that such disclosure would have on Petitioners.
`
`Exhibit 2025 contains a confidential engineering drawing of Packers Plus.
`
`The public’s interest in accessing this information for purposes of patentability of
`
`the challenged claims in this proceeding is outweighed by the prejudicial effect
`
`that such disclosure would have on Packers Plus.
`
`Exhibit 2034 is an un-redacted copy of Respondent’s expert declaration.
`
`Respondent has submitted a redacted copy of this declaration as Exhibit 2036.
`
`Respondent has only redacted the portions of this report that describe the
`
`confidential information contained in the exhibits marked above, and certain
`
`financial figures that are based on sensitive financial data produced by Petitioners
`
`and Packers Plus, which the parties are obligated to maintain as confidential under
`
`the litigation protective order (Ex. A).
`
`Exhibit 2035 is an un-redacted copy of the declaration of J.J. Girardi.
`
`Respondent has submitted a redacted copy of this declaration as Exhibit 2037.
`
`Respondent has only redacted the portions of this report that specifies confidential
`
`revenue information. The public’s interest in accessing this information for
`
`
`
`
`
`- 3 -
`
`

`

`Case IPR2016-00596
`Patent 7,134,505
`
`
`
`
`purposes of patentability of the challenged claims in this proceeding is outweighed
`
`by the prejudicial effect that such disclosure would have on Packers Plus.
`
`For the foregoing reasons, Respondent requests that the Board seal Exhibits
`
`2021, 2024, 2025, 2034, 2035, and the portions of the Response referencing those
`
`exhibits.
`
`II. CERTIFICATION OF NON-PUBLICATION
`
`To the undersigned counsel’s knowledge, the information sought to be
`
`sealed by this motion has not been published or otherwise made public.
`
`III. CERTIFICATION OF CONFERENCE WITH OPPOSING PARTY
`PURSUANT TO 37 C.F.R. § 42.54.
`
`Respondent has conferred with Petitioners, and Petitioners do not oppose the
`
`motion.
`
`THEREFORE, Patent Owner respectfully requests that the Board grant
`
`Patent Owner’s Motion to Seal.
`
`
`
`
`
`
`
`Dated: December 2, 2016
`
`
`
`Respectfully submitted,
`
`Rapid Completions LLC
`
`By /Justin T. Nemunaitis/
`
`Hamad M. Hamad, Reg. No. 64,641
`Bradley W. Caldwell (pro hac vice)
`Justin T. Nemunaitis (pro hac vice)
`
`- 4 -
`
`

`

`
`
`
`Case IPR2016-00596
`Patent 7,134,505
`
`CALDWELL CASSADY CURRY,
`P.C.
`2101 Cedar Springs Road, Suite 1000
`Dallas, Texas 75201
`Telephone: 214.888.4848
`Facsimile: 214.888.4849
`hhamad@caldwellcc.com
`bcaldwell@caldwellcc.com
`jnemunaitis@caldwellcc.com
`rapid@caldwellcc.com
`
`Dr. Gregory Gonsalves, Re. No.
`43,639
`GONSALVES LAW FIRM
`2216 Beacon Lane
`Falls Church, Virginia 22043
`Telephone: 571.419.7252
` gonsalves@gonsalveslawfirm.com
`
`
`
`
`
`
`
`CERTIFICATION OF SERVICE
`
`
`
`The undersigned hereby certifies that the foregoing document was served
`
`electronically via e-mail in its entirety on the following counsel of record for
`
`Petitioner:
`
`
`
`
`
`Mark T. Garrett (Lead Counsel)
`Eagle H. Robinson (Back-up Counsel)
`NORTON ROSE FULBRIGHT US LLP
`mark.garrett@nortonrosefulbright.com
`
`- 5 -
`
`

`

`Case IPR2016-00596
`Patent 7,134,505
`
`
`
`
`
`
`eagle.robinson@nortonrosefulbright.com
`
`
`/Hamad M. Hamad/
`Hamad M. Hamad, Reg. No. 64,641
`
`
`
`Date: December 2, 2016
`
`
`
`
`
`
`
`- 6 -
`
`

`

`Exhibit A
`Exhibit A
`
`

`

`Case 6:15-cv-00724-RWS-KNM Document 100 Filed 12/29/15 Page 1 of 15 PageID #: 2569
`
`
`
`
`
`
`
`
`
`
`
`Civil Action No. 6:15-cv-724-RWS-KNM
`
`JURY TRIAL DEMANDED
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`
`
`Plaintiff,
`
`Defendants.
`
`RAPID COMPLETIONS LLC,
`
`
`
`v.
`
`BAKER HUGHES INCORPORATED, et
`al.
`
`
`
`v.
`
`PACKERS PLUS ENERGY SERVICES,
`INC.
`
`
`
`
`
`Counterclaim Defendant.
`
`PROTECTIVE ORDER
`
`WHEREAS, Plaintiff Rapid Completions and Defendants Baker Hughes Incorporated,
`
`Baker Hughes Oilfield Operations, Inc., Weatherford International, LLC, Weatherford/Lamb,
`
`Inc., Weatherford US, LP,, Weatherford Artificial Lift Systems LLC, Peak Completion
`
`Technologies, Inc., Pegasi Energy Resources Corp., and Pegasi Operating, Inc., hereafter
`
`referred to as “the Parties,” believe that certain information that is or will be encompassed by
`
`discovery demands by the Parties involves the production or disclosure of trade secrets,
`
`confidential business information, or other proprietary information;
`
`WHEREAS, the Parties seek a protective order limiting disclosure thereof in accordance
`
`with Federal Rule of Civil Procedure 26(c):
`
`THEREFORE, it is hereby stipulated among the Parties and ORDERED that:
`
`
`McKool 1132736v3
`
`Page 1 of 15
`
`

`

`Case 6:15-cv-00724-RWS-KNM Document 100 Filed 12/29/15 Page 2 of 15 PageID #: 2570
`
`1.
`
`Each Party may designate as confidential for protection under this Order, in whole or in
`
`part, any document, information or material that constitutes or includes, in whole or in
`
`part, confidential or proprietary information or trade secrets of the Party or a Third Party
`
`to whom the Party reasonably believes it owes an obligation of confidentiality with
`
`respect to such document, information or material (“Protected Material”). Protected
`
`Material shall be designated by the Party producing it by affixing a legend or stamp on
`
`such document, information or material as follows: “CONFIDENTIAL.” The word
`
`“CONFIDENTIAL” shall be placed clearly on each page of the Protected Material
`
`(except deposition and hearing transcripts) for which such protection is sought. For
`
`deposition and hearing transcripts, the word “CONFIDENTIAL” shall be placed on the
`
`cover page of the transcript (if not already present on the cover page of the transcript
`
`when received from the court reporter) by each attorney receiving a copy of the transcript
`
`after that attorney receives notice of the designation of some or all of that transcript as
`
`“CONFIDENTIAL.”
`
`2.
`
`Any document produced under Patent Rules 2-2, 3-2, and/or 3-4 before issuance of this
`
`Order with the designation “Confidential” or “Confidential - Outside Attorneys’ Eyes
`
`Only” shall receive the same treatment as if designated “RESTRICTED - ATTORNEYS’
`
`EYES ONLY” under this Order, unless and until such document is redesignated to have a
`
`different classification under this Order.
`
`3.
`
`With respect to documents, information or material designated “CONFIDENTIAL,”
`
`or “RESTRICTED - ATTORNEYS’ EYES ONLY,”1 subject to the provisions herein and
`
`
`1 The term DESIGNATED MATERIAL is used throughout this Protective Order to refer to the class of materials
`designated as “CONFIDENTIAL,” “RESTRICTED - ATTORNEYS’ EYES ONLY,” and “RESTRICTED –
`OUTSIDE ATTORNEYS’ EYES ONLY-TECHNICAL” both individually and collectively.
`
`
`McKool 1132736v3
`
`Page 2 of 15
`
`

`

`Case 6:15-cv-00724-RWS-KNM Document 100 Filed 12/29/15 Page 3 of 15 PageID #: 2571
`
`unless otherwise stated, this Order governs, without limitation: (a) all documents,
`
`electronically stored information, and/or things as defined by the Federal Rules of Civil
`
`Procedure; (b) all pretrial, hearing or deposition testimony, or documents marked as
`
`exhibits or for identification in depositions and hearings; (c) pretrial pleadings, exhibits to
`
`pleadings and other court filings; (d) affidavits; and (e) stipulations. All copies,
`
`reproductions, extracts, digests and complete or partial summaries prepared from any
`
`DESIGNATED MATERIALS shall also be considered DESIGNATED MATERIAL and
`
`treated as such under this Order.
`
`4.
`
`A designation of Protected Material (i.e., “CONFIDENTIAL,” “RESTRICTED,” or
`
`“ATTORNEYS’ EYES ONLY,”) may be made at any time. Inadvertent or unintentional
`
`production of documents, information or material that has not been designated as
`
`DESIGNATED MATERIAL shall not be deemed a waiver in whole or in part of a claim
`
`for confidential treatment. Any party that inadvertently or unintentionally produces
`
`Protected Material without designating it as DESIGNATED MATERIAL may request
`
`destruction of that Protected Material by notifying the recipient(s), as soon as reasonably
`
`possible after the producing Party becomes aware of the inadvertent or unintentional
`
`disclosure, and providing replacement Protected Material that is properly designated. The
`
`recipient(s) shall then destroy all copies of the inadvertently or unintentionally produced
`
`Protected Materials and any documents, information or material derived from or based
`
`thereon.
`
`5.
`
`“CONFIDENTIAL” documents, information and material may be disclosed only to the
`
`following persons, except upon receipt of the prior written consent of the designating
`
`party, upon order of the Court, or as set forth in paragraph 12 herein:
`
`
`
`Page 3 of 15
`
`
`McKool 1132736v3
`
`

`

`Case 6:15-cv-00724-RWS-KNM Document 100 Filed 12/29/15 Page 4 of 15 PageID #: 2572
`
`a. outside counsel of record in this Action for the Parties;
`
`b. employees of such counsel assigned to and reasonably necessary to assist such
`
`counsel in the litigation of this Action;
`
`c. 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;
`
`d. up to and including three (3) designated representatives 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;
`
`e. 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; (2) before access is given, the consultant or
`
`expert has completed the Undertaking attached as Exhibit A hereto and the same
`
`is served upon the producing Party with a current curriculum vitae of the
`
`consultant or expert at least ten (10) days before access to the Protected Material
`
`is to be given to that consultant or Undertaking to object to and notify the
`
`receiving Party in writing that it objects to disclosure of Protected Material to the
`
`consultant or expert. The Parties agree to promptly confer and use good faith to
`
`
`McKool 1132736v3
`
`Page 4 of 15
`
`

`

`Case 6:15-cv-00724-RWS-KNM Document 100 Filed 12/29/15 Page 5 of 15 PageID #: 2573
`
`resolve any such objection. If the Parties are unable to resolve any objection, the
`
`objecting Party may file a motion with the Court within fifteen (15) days of the
`
`notice, or within such other time as the Parties may agree, seeking a protective
`
`order with respect to the proposed disclosure. The objecting Party shall have the
`
`burden of proving the need for a protective order. No disclosure shall occur until
`
`all such objections are resolved by agreement or Court order or until 15 days after
`
`the notice if the objecting Party has not filed a motion with the Court;
`
`f.
`
`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; and
`
`g. the Court and its personnel.
`
`6.
`
`DESIGNATED MATERIAL produced by one defendant shall not be disclosed to
`
`counsel for any other defendant without written consent of the producing party.
`
`Defendants will not object to the admission of evidence based on the grounds that
`
`Plaintiffs could not share the documents with a Defendant or Defendants’ witness,
`
`although all other objections to admissibility and/or relevance are reserved. Nothing in
`
`this section shall relieve Plaintiff from timely disclosing and/or producing evidence on
`
`which they intend to rely. The Defendants will work together to obtain access to evidence
`
`from other Defendants that may be identified by Rapid Completions.
`
`7.
`
`A Party shall designate documents, information or material as “CONFIDENTIAL” only
`
`upon a good faith belief that the documents, information or material contains confidential
`
`or proprietary information or trade secrets of the Party or a Third Party to whom the Party
`
`
`McKool 1132736v3
`
`Page 5 of 15
`
`

`

`Case 6:15-cv-00724-RWS-KNM Document 100 Filed 12/29/15 Page 6 of 15 PageID #: 2574
`
`reasonably believes it owes an obligation of confidentiality with respect to such
`
`documents, information or material.
`
`8.
`
`Documents, information or material produced pursuant to any discovery request in this
`
`Action, including but not limited to Protected Material designated as DESIGNATED
`
`MATERIAL, shall be used by the Parties only in the litigation of this Action and shall
`
`not be used for any other purpose. Any person or entity who obtains access to
`
`DESIGNATED MATERIAL or the contents thereof pursuant to this Order shall not
`
`make any copies, duplicates, extracts, summaries or descriptions of such DESIGNATED
`
`MATERIAL or any portion thereof except as may be reasonably necessary in the
`
`litigation of this Action. Any such copies, duplicates, extracts, summaries or descriptions
`
`shall be classified DESIGNATED MATERIALS and subject to all of the terms and
`
`conditions of this Order.
`
`9.
`
`To the extent a producing Party believes that certain Protected Material qualifying to be
`
`designated CONFIDENTIAL is so sensitive that its dissemination deserves even further
`
`limitation, the producing Party may designate such Protected Material “RESTRICTED --
`
`ATTORNEYS’ EYES ONLY.” If the Protected Material designated as RESTRICTED
`
`ATTORNEYS’ EYES ONLY contains highly sensitive technical information relating to
`
`product offerings or research and development then the producing Party may further
`
`designate such Protective Material “RESTRICTED OUTSIDE ATTORNEYS’ EYES
`
`ONLY – TECHNICAL”.
`
`10.
`
`For Protected Material designated RESTRICTED -- ATTORNEYS’ EYES ONLY,
`
`access to, and disclosure of, such Protected Material shall be limited to individuals listed
`
`in paragraphs 5(a-c) and (e-g); provided, however, that access by in-house counsel
`
`
`McKool 1132736v3
`
`Page 6 of 15
`
`

`

`Case 6:15-cv-00724-RWS-KNM Document 100 Filed 12/29/15 Page 7 of 15 PageID #: 2575
`
`pursuant to paragraph 5(c) be limited to in-house counsel who exercise no competitive
`
`decision-making authority on behalf of the client.
`
`11.
`
`For Protected Material designated RESTRICTED – OUTSIDE ATTORNEYS’ EYES
`
`ONLY – TECHNICAL access to, and disclosure of, such Protected Material shall be
`
`limited to outside counsel and outside consultants or outside experts (i.e., not existing
`
`employees or affiliates of a Party or an affiliate of a Party) retained for the purpose of this
`
`litigation and approved to access such Protected Materials pursuant to paragraph 5(e)
`
`above, and the persons listed in paragraphs 5(f) and (g).
`
`12.
`
`Any attorney representing a Party, and any person associated with a Party and permitted
`
`to receive the other Party’s Protected Material that is designated RESTRICTED –
`
`OUTSIDE ATTORNEYS’ EYES ONLY – TECHNICAL, who accesses, or otherwise
`
`learns, in whole or in part, the other Party’s RESTRICTED – OUTSIDE ATTORNEYS’
`
`EYES ONLY – TECHNICAL under this Order shall not prepare, prosecute, or assist in
`
`the preparation or prosecution of any patent application pertaining to the field of the
`
`invention of the patents-in-suit on behalf of the receiving Party or its acquirer, successor,
`
`predecessor, or other affiliate during the pendency of this Action and for one year after its
`
`conclusion, including any appeals. To ensure compliance with the purpose of this
`
`provision, each Party shall create an “Ethical Wall” between those persons with access to
`
`RESTRICTED – OUTSIDE ATTORNEYS’ EYES ONLY – TECHNICAL and any
`
`individuals who, on behalf of the Party or its acquirer, successor, predecessor, or other
`
`affiliate, prepare, prosecute, supervise or assist in the preparation or prosecution of any
`
`patent application pertaining to the field of invention of the patent-in-suit. The terms of
`
`this provision do not apply to post grant review procedures (e.g., inter partes reviews)
`
`
`McKool 1132736v3
`
`Page 7 of 15
`
`

`

`Case 6:15-cv-00724-RWS-KNM Document 100 Filed 12/29/15 Page 8 of 15 PageID #: 2576
`
`before the Patent Trial and Appeals Board. Persons with access to RESTRICTED –
`
`OUTSIDE ATTORNEYS’ EYES ONLY – TECHNICAL are not restricted from
`
`participating in post grant review procedures addressing the patents-in-suit.
`
`13.
`
`Nothing in this Order shall require production of documents, information or other
`
`material that a Party contends is protected from disclosure by the attorney-client
`
`privilege, the work product doctrine, or other privilege, doctrine, or immunity. If
`
`documents, information or other material subject to a claim of attorney-client privilege,
`
`work product doctrine, or other privilege, doctrine, or immunity is inadvertently or
`
`unintentionally produced, such production shall in no way prejudice or otherwise
`
`constitute a waiver of, or estoppel as to, any such privilege, doctrine, or immunity. Any
`
`Party that inadvertently or unintentionally produces documents, information or other
`
`material it reasonably believes are protected under the attorney-client privilege, work
`
`product doctrine, or other privilege, doctrine, or immunity may obtain the return of such
`
`documents, information or other material by promptly notifying the recipient(s) and
`
`providing a privilege log for the inadvertently or unintentionally produced documents,
`
`information or other material. The recipient(s) shall gather and return all copies of such
`
`documents, information or other material to the producing Party, except for any pages
`
`containing privileged or otherwise protected markings by the recipient(s), which pages
`
`shall instead be destroyed and certified as such to the producing Party.
`
`14.
`
`There shall be no disclosure of any DESIGNATED MATERIAL by any person
`
`authorized to have access thereto to any person who is not authorized for such access
`
`under this Order. The Parties are hereby ORDERED to safeguard all such documents,
`
`
`McKool 1132736v3
`
`Page 8 of 15
`
`

`

`Case 6:15-cv-00724-RWS-KNM Document 100 Filed 12/29/15 Page 9 of 15 PageID #: 2577
`
`information and material to protect against disclosure to any unauthorized persons or
`
`entities.
`
`15.
`
`Nothing contained herein shall be construed to prejudice any Party’s right to use any
`
`DESIGNATED MATERIAL in taking testimony at any deposition or hearing provided
`
`that the DESIGNATED MATERIAL is only disclosed to a person(s) who is: (i) eligible
`
`to have access to the DESIGNATED MATERIAL by virtue of his or her employment
`
`with the designating party, (ii) identified in the DESIGNATED MATERIAL as an
`
`author, addressee, or copy recipient of such information, (iii) although not identified as an
`
`author, addressee, or copy recipient of such DESIGNATED MATERIAL, has, in the
`
`ordinary course of business, seen such DESIGNATED MATERIAL, (iv) a current or
`
`former officer, director or employee of the producing Party or a current or former officer,
`
`director or employee of a company affiliated with the producing Party; (v) counsel for a
`
`Party, including outside counsel and in-house counsel (subject to paragraph 9 of this
`
`Order); (vi) an independent contractor, consultant, and/or expert retained for the purpose
`
`of this litigation; (vii) court reporters and videographers; (viii) the Court; or (ix) other
`
`persons entitled hereunder to access to DESIGNATED MATERIAL. DESIGNATED
`
`MATERIAL shall not be disclosed to any other persons unless prior authorization is
`
`obtained from counsel representing the producing Party or from the Court.
`
`16.
`
`Parties may, at the deposition or hearing or within thirty (30) days after receipt of a
`
`deposition or hearing transcript, designate the deposition or hearing transcript or any
`
`portion thereof as “CONFIDENTIAL,” “RESTRICTED - ATTORNEY’ EYES ONLY”
`
`pursuant to this Order. Access to the deposition or hearing transcript so designated shall
`
`
`McKool 1132736v3
`
`Page 9 of 15
`
`

`

`Case 6:15-cv-00724-RWS-KNM Document 100 Filed 12/29/15 Page 10 of 15 PageID #: 2578
`
`be limited in accordance with the terms of this Order. Until expiration of the 30-day
`
`period, the entire deposition or hearing transcript shall be treated as confidential.
`
`17.
`
`Any DESIGNATED MATERIAL that is filed with the Court shall be filed under seal and
`
`shall remain under seal until further order of the Court. The filing party shall be
`
`responsible for informing the Clerk of the Court that the filing should be sealed and for
`
`placing the legend “FILED UNDER SEAL PURSUANT TO PROTECTIVE ORDER”
`
`above the caption and conspicuously on each page of the filing. Exhibits to a filing shall
`
`conform to the labeling requirements set forth in this Order.
`
`18.
`
`The Order applies to pretrial discovery. Nothing in this Order shall be deemed to prevent
`
`the Parties from introducing any DESIGNATED MATERIAL into evidence at the trial of
`
`this Action, or from using any information contained in DESIGNATED MATERIAL at
`
`the trial of this Action, subject to any pretrial order issued by this Court.
`
`19.
`
`A Party may request in writing to the other Party that the designation given to any
`
`DESIGNATED MATERIAL be modified or withdrawn. If the designating Party does not
`
`agree to redesignation within ten (10) days of receipt of the written request, the
`
`requesting Party may apply to the Court for relief. Upon any such application to the
`
`Court, the burden shall be on the designating Party to show why its classification is
`
`proper. Such application shall be treated procedurally as a motion to compel pursuant to
`
`Federal Rules of Civil Procedure 37, subject to the Rule’s provisions relating to
`
`sanctions. In making such application, the requirements of the Federal Rules of Civil
`
`Procedure and the Local Rules of the Court shall be met. Pending the Court’s
`
`determination of the application, the designation of the designating Party shall be
`
`maintained.
`
`
`McKool 1132736v3
`
`Page 10 of 15
`
`

`

`Case 6:15-cv-00724-RWS-KNM Document 100 Filed 12/29/15 Page 11 of 15 PageID #: 2579
`
`20.
`
`Each outside consultant or expert to whom DESIGNATED MATERIAL is disclosed in
`
`accordance with the terms of this Order shall be advised by counsel of the terms of this
`
`Order, shall be informed that he or she is subject to the terms and conditions of this
`
`Order, and shall sign an acknowledgment that he or she has received a copy of, has read,
`
`and has agreed to be bound by this Order. A copy of the acknowledgment form is
`
`attached as Appendix A.
`
`21.
`
`To the extent that any discovery is taken of persons who are not Parties to this Action
`
`(“Third Parties”) and in the event that such Third Parties contended the discovery sought
`
`involves
`
`trade secrets, confidential business
`
`information, or other proprietary
`
`information, then such Third Parties may agree to be bound by this Order.
`
`22.
`
`To the extent that discovery or testimony is taken of Third Parties, the Third Parties may
`
`designate as “CONFIDENTIAL” or “RESTRICTED -- ATTORNEYS’ EYES ONLY”
`
`any documents, information or other material, in whole or in part, produced or give by
`
`such Third Parties. The Third Parties shall have ten (10) days after production of such
`
`documents, information or other materials to make such a designation. Until that time
`
`period lapses or until such a designation has been made, whichever occurs sooner, all
`
`documents, information or other material so produced or given shall be treated as
`
`“CONFIDENTIAL” in accordance with this Order.
`
`23. Within thirty (30) days of final termination of this Action, including any appeals, all
`
`DESIGNATED MATERIAL, including all copies, duplicates, abstracts, indexes,
`
`summaries, descriptions, and excerpts or extracts thereof (excluding excerpts or extracts
`
`incorporated into any privileged memoranda of the Parties and materials which have been
`
`admitted into evidence in this Action), shall at the producing Party’s election either be
`
`
`McKool 1132736v3
`
`Page 11 of 15
`
`

`

`Case 6:15-cv-00724-RWS-KNM Document 100 Filed 12/29/15 Page 12 of 15 PageID #: 2580
`
`returned to the producing Party or be destroyed. The receiving Party shall verify the
`
`return or destruction by affidavit furnished to the producing Party, upon the producing
`
`Party’s request.
`
`24.
`
`The failure to designate documents, information or material in accordance with this Order
`
`and the failure to object to a designation at a given time shall not preclude the filing of a
`
`motion at a later date seeking to impose such designation or challenging the propriety
`
`thereof. The entry of this Order and/or the production of documents, information and
`
`material hereunder shall in no way constitute a waiver of any objection to the furnishing
`
`thereof, all such objections being hereby preserved.
`
`25.
`
`Any Party knowing or believing that any other party is in violation of or intends to violate
`
`this Order and has raised the question of violation or potential violation with the opposing
`
`party and has been unable to resolve the matter by agreement may move the Court for
`
`such relief as may be appropriate in the circumstances. Pending disposition of the motion
`
`by the Court, the Party alleged to be in violation of or intending to violate this Order shall
`
`discontinue the performance of and/or shall not undertake the further performance of any
`
`action alleged to constitute a violation of this Order.
`
`26.
`
`Production of DESIGNATED MATERIAL by each of the Parties shall not be deemed a
`
`publication of the documents, information and material (or the contents thereof) produced
`
`so as to void or make voidable whatever claim the Parties may have as to the proprietary
`
`and confidential nature of the documents, information or other material or its contents.
`
`27.
`
`Nothing in this Order shall be construed to effect an abrogation, waiver or limitation of
`
`any kind on the rights of each of the Parties to assert any applicable discovery or trial
`
`privilege.
`
`
`McKool 1132736v3
`
`Page 12 of 15
`
`

`

`Case 6:15-cv-00724-RWS-KNM Document 100 Filed 12/29/15 Page 13 of 15 PageID #: 2581
`
`28.
`
`Each of the Parties shall also retain the right to file a motion with the Court (a) to modify
`
`this Order to allow disclosure of DESIGNATED MATERIAL to additional persons or
`
`entities if reasonably necessary to prepare and present this Action and (b) to apply for
`
`additional protection of DESIGNATED MATERIAL.
`
`
`
`
`
`
`McKool 1132736v3
`
`Page 13 of 15
`
`So ORDERED and SIGNED this 29th day of December, 2015.
`
`

`

`Case 6:15-cv-00724-RWS-KNM Document 100 Filed 12/29/15 Page 14 of 15 PageID #: 2582
`
`Plaintiff,
`
`Defendants.
`
`RAPID COMPLETIONS LLC,
`
`
`
`v.
`
`BAKER HUGHES INCORPORATED, et
`al.
`
`
`
`v.
`
`PACKERS PLUS ENERGY SERVICES,
`INC.
`
`
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`
`APPENDIX A
`UNDERTAKING OF EXPERTS OR CONSULTANTS REGARDING
`PROTECTIVE ORDER
`
`I, ___________________________________________, declare that:
`
`
`
`
`
`
`
`
`
`
`
`Civil Action No. 6:15-cv-724-RWS-KNM
`
`JURY TRIAL DEMANDED
`
`Counterclaim Defendant.
`
`1.
`
`My address is
`
`_________________________________________________________. My current
`
`employer is _________________________________________________. My current
`
`occupation is ________________________________________________.
`
`2.
`
`I have received a copy of the Protective Order in this action. I have carefully read
`
`and understand the provisions of the Protective Order.
`
`3.
`
`I will comply with all of the provisions of the Protective Order. I will hold in
`
`confidence, will not disclose to anyone not qualified under the Protective Order, and will
`
`
`McKool 1132736v3
`
`Page 14 of 15
`
`

`

`Case 6:15-cv-00724-RWS-KNM Document 100 Filed 12/29/15 Page 15 of 15 PageID #: 2583
`
`use only for purposes of this action any information designated as “CONFIDENTIAL,”
`
`or “RESTRICTED -- ATTORNEYS’ EYES ONLY,” that is disclosed to me.
`
`4.
`
`Promptly upon terminati