Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA141356
`ESTTA Tracking number:
`05/18/2007
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`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91169452
`Plaintiff
`DEI Headquarters, Inc.
`DEI Headquarters, Inc.
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`,
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`Crystal Biggs
`DEI Headquarters, Inc.
`1 Viper Way
`Vista, CA 92081
`UNITED STATES
`christie.biggs@directed.com
`Other Motions/Papers
`Crystal Biggs
`christie.biggs@directed.com
`//CRYSTAL BIGGS//
`05/18/2007
`Protective Order- Request for PO to facilitate settlement discussions.pdf ( 17
`pages )(463874 bytes )
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`Proceeding
`Party
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`Correspondence
`Address
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`Submission
`Filer's Name
`Filer's e-mail
`Signature
`Date
`Attachments
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
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`Opposition-No.: 91169452
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`Serial No.:
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`78-535,202
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`DEI HEADQUARTERS, INC.
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`Opposer,
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`V-
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`VIPERA GMBI-I
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`Applicant. '
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`__m
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`STIPULATION, AGREEMENT AND PROTECTIVE ORDER
`CONCERNING CONFIDENTIAL INFORMATION
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`Opposer, DEI Headquarters, Inc., by and through its attorneys, and Applicant, Vipera
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`GmbH, by and through its attorneys, jointly submit for the Trademark Trial and Appeal Board’s
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`(“Board”) approval the following Stipulation, Agreement and Protective Order (“Order")
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`concerning confidential information which includes sensitive, confidential or proprietary
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`information.
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`Oppose: and Applicant, by and through their respective attorneys, stipulate as follows:
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`1.
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`SCOPE
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`(a)
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`This Order shall limit the use and/or disclosure of documents, deposition
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`testimony, and related information which are, or which embody or disclose any information,
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`designated hereunder as “CONFIDENTIAL” or as “HIGHLY CONFIDENTIAL” and shall
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`apply to:
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`(i)
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`All such documents so designated in accordance with this Order and all
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`information contained therein;
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`Portions of‘deposition testimony and transcripts and exhibits thereto
`(ii)
`which include, refer, or relate to any confidential information;
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`(iii)
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`All information, copies, extracts, and complete or partial summaries
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`prepared or derived from confidentiai information; and
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`(iv)
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`Portions of briefs, mernoranda, or any writing filed with or otherwise
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`supplied to the Board, which _include or refer to any such confidential information.
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`(b)
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`Any person (z'..e., any individual or entity) designating documents, testimony, or
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`other information as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” hereunder asserts
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`that he, she, or it believes in good faith that such material is his, her, or its confidential
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`information which is not otherwise available to the public generally, or is information which the
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`person believes is or may be encompassed by a pre-existing confidentiality agreement with any
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`I other person.
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`i (c) _
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`“Confidential information” is defined to include, but not be limited to, documents,
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`material, or testimony that is private or constitutes and/or relates to (a) trade secrets; (13) business
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`strategies, decisions, and/or negotiations; (c) financial, budgeting, and/or accounting
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`information; (cl) customer inforrnation, including prospective customers; and (e) marl-zeting
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`studies, proformas, projections, and similar information relating to the value and/or potential
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`' value of stock, science and technology, andlor other assets or liabilities. Confidential
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`information includes all documentsor other information that has been designated
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`‘.‘CONFlDENTlAL” or “HIGHLY CONFIDENTIAL?‘ pursuant to this Order.
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`(d)
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`Confidential information ordinarily should be designated as “CONI-‘iDENTIAL"
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`rather than “HIGHLY CONFIDENTIAL.” A “HIGHLY CONFIDENTIAL” designation is
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`appropriate only where the confidential information is so sensitive in the context of this case that
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`there is a real danger that the party producing the information could be prejudiced if the
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`' information is disclosed under the protection provided by a “CONFIDENTIAL" designation.
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`Examples of information warranting a “HIGHLY CONFIDENTIAL” designatlonare documents
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`which contain, disclose, or reflect trade secrets, sensitive customer information, patent
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`applications, or similarly competitively sensitive information.
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`(e)
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`Nothing in this Order and no party’s designation of any document or information
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`as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” shall be construed to constrain,
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`preclude, or otherwise affect in any manner the independent research and development,
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`marketing, product development, or other technical activities of the parties.
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`—
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`(t)
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`Nothing in this Order and no party’s designation of any document as
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`“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” shall be construed to constrain, preclude,
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`or otherwise affect the use (including the ability to include the document or information in
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`papers not filed under seal) of another party’s documents which are duplicates of such designated
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`documents provided that such duplicate documents were lawfully obtained by such party through
`means independent of the discovery process.
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`. (g)
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`A party’s failure to designate a document as its confidential information where the
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`document was produced by another party and designated by the producing party as that party’s
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`confidentiai infonnation shall not be construed to waive the non-designating party’s claim, with
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`respect to present and future litigation between these or other parties, that the document contains
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`the non-designating party's confidential information.
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`2.
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`DESIGNATION OF DOCUMENTS AND DEPOSITIONS AS “CONFIDENTIAL”
`OR “HIGHLY CONFIDENTIAL”
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`(a)
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`Designation of a document as “CONF1DENTlAL" by the producing party shall
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`be made by-conspicuously stamping or writing “CONFIDENTIAL” on each page thereof.
`(b)
`Designation of a document as “HIGHLY CONFIDENTIAL” by the producing
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`party shall be made by conspicuously stamping or writing “HIGHLY CONFIDENTIAL” on
`each page thereof.
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`(c)
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`Designation of a deposition or other pretrial testimony, or portions thereof, as
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`“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL" shall be made by a statement on the
`record by counsel for the party or other person making the claim of confidentiality at the time of
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`such testimony. The portions of depositions so designated as “CONFIDENTIAL” or “HIGHLY
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`CONFIDENTIAL” shall be taken only in the presence of persons qualified to receive such
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`information pursuant to the terms of this Order, the court reporter, the deponent, and the
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`deponent's attorney. Failure of any person to comply with a request to leave the deposition room
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`will constitute sufficient justification for the witness to refuse to answer any question calling for
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`disclosure of confidential infonnation so long as persons not entitled by this Order to have access
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`to such information are in attendance. Thereafter, any counsel may reopen the deposition into
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`areas which the witness refused to answer after bringing a motion for protective order to resolve
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`' whether the person who refused to leave the deposition should be allowed to be present during
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`questioning. After resolution of said motion, counsel shall be allowed to continue said
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`deposition with respect to the questions, and lines of questioning, which the deponent refused to
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`answer, though the Board may order that the deposition continue outside the presence of the
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`person who refused to leave the initial deposition. The applicable portions of such deposition
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`transcripts shall be clearly marked “CONFIDENTIAL” or “CONFIDENTIAL ATTORNEYS’
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`EYES ONLY” on each page containing the confidential information.
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`(d)
`All documents and deposition transcripts shall be treated as if designated as
`“HIGHLY CONFIDENTIAL” “for ten (1 0) days after receipt of said document and deposition.
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`transcripts by the requesting party.
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`(c)
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`Any party may designate documents or portions of deposition transcripts as
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`containing confidential information even ifnot initially marked as “CONFIDENTIAL” or .
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`“HI-IIGHLY CONFIDENTIAL” in accordance with the terms of this Order by so advising counsel
`for each party in writing within ten (10) days ofthe receipt of the document or deposition_
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`transcript which he, she, or it wishes to designate as confidential information. Thereafter each
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`such document or transcript shall be treated in accordance with the terms of this Order. Any
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`person served with written notice of any such designation of previously produced documents or
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`deposition transcripts as containing confidential information shall thereafter treat such .
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`information as if it had been designated as “CONFIDENTIAL” or “HIGHLY
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`CONFIDENTIAL" at the time he, she, or it first received it in connection with this action and
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`shall mark all copies of such documents in his, her, or its possession accordingly.
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`3.
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`LINHTATIONS ON'DISC_L0_SURE OF CONFIDENTIAL INFORMATION
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`(a)
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`No confidential information shall be disclosed by anyone receiving such
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`information to anyone other than those persons designated herein, and in no event shall
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`confidential ‘information be used, either directly or indirectly, by anyone receiving such
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`information for any business, commercial or competitive purpose or for any purpose whatsoever
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`other than the preparation for or trial of this action in accordance with the provisions of this
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`Order.
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`(b)'
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`Confidential information designated “CONFIDENTIAL” shall not be disclosed
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`by any person who has received such information through discovery in this action to any other
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`person except to:
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`I (i)
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`Attorneys of record for the parties and their respective associates, clerks
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`and employees involved in the conduct of this litigation;
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`(ii)
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`Outside counsel for the parties;
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`(iii)
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`Three (3) officers, directors or employees of each of Opposer and
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`Applicant corporations as necessary to conduct this litigation;
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`_(iv) Outside experts and consultants retained by a party for the purpose of
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`preparing or assisting in this litigation, and their respective clerks and emplo'ye_es
`involved inassisting them in this litigation; to the extent deemed necessary by counsel;
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`(v)
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`Any person who actually was involved in the preparation of the document
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`or who appears on the face of the document as the author, addressee, or other recipient or
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`currently is affiliated with the party that produced or appears to have prepared said -
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`document;
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`(vi)
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`Court reportersand similar personnel, provided further that confiden_tial_
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`infonnation filed with the Board shall be sealed subject to release only by order of the
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`Board or agreement of counsel;
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`(vii) Deponents with respect to whom the attorney for the examining party
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`believes in good faith that disclosure of confidential information should be made in order
`to conduct relevant examination of such deponent on topics about which the attorney in
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`good faith believes the deponent may have relevant inforrnation- In the case of a
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`deponent who is not a party to this action and who ‘has not previously agreed tobe bound _
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`by the terms of this Order, the attorney conducting the examination shall limit disclosure
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`of confidential information by any means practicable (:'.e.,redaction or severance of non-
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`relevant portions) to only that which is in good faith required to conduct a meaningful
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`examination of the witness, and shall show all counsel a copy of said redacted document
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`before showing it to the witness. Any violation of this provision, or objection by counsel
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`to showing the document to the witness, shall entitle the objecting party to suspend the '
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`deposition as to the offending questions, or lines of questioning, and to apply to the
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`Board for a further Protective Order or other appropriate ‘relief; and
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`(viii) Any other person, either with the prior written consent of the party who has
`designated such information as confidential or pursuant to a Court order.
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`(c)
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`Confidential information designated “HIGHLY CONFIDENTIAL” shall not be
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`disclosed by any person who has received such information through discovery in this action to
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`any other person except to:
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`(i)
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`Outside counsel for the parties and their respective associates, clerks and
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`employees involved in the conduct of this litigation;
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`(ii)
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`Up to two in—house attorneys for either party who (i) do not participate in
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`competitive decisions'concernin_g pricing, product design, research and development,
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`patent prosecution or other business-related decision making, (ii) will agree in writing, in
`the form attached hereto as ‘Exhibit A to this Protective Order, to be bound by the
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`provisions of this Order, before being shown such HIGHLY CONFIDENTIAL material,
`and {iii} will only be shown HIGHLY CONFIDENTIAL material to the extent necessary
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`to participate in, assist in and monitor the progress of this action.and for no other purpose,
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`provided before disclosing HIGHLYHCONFIDENTIAL material to such in-house
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`attorneys the party seekingtoldisclose HIGHLY CONFIDENTIAL material to such in-
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`house attorney shall provide a certification to the other party identifying the person and
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`describing their job duties, including whether or not they participate in business-related
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`decision making including such activities identified above;
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`(iii)
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`Outside experts and consultants retained by a party for the purpose of
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`preparing or assisting in this litigation, and their respective clerks and employees
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`involved in assisting thorn in this litigation, to the extent deemed necessary by counsel;
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`(iv) Any person who actually was involved in the preparation of the document or
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`who appears on the face of-document as the author, addressee, or other recipient, or is
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`currently affiliated with the party that produced or appears to have prepared said
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`document;
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`(v)
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`Court reporters and similar personnel, provided further that confidential
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`infonnation filed with the Board shall be sealed subject to release only by order of the
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`Board or agreement of counsel;
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`(vi)
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`Deponents with respect to w_hom the attorney fornthe examining party
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`believes in good faith that disclosure of confidential information should be made in order
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`to conduct relevant examination of such deponent on topics about which the attorney in
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`good faith believes the deponent may have relevant information. In the case of a
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`deponent who is not a party to this action and who has not previously agreed to be bound
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`by the terms of this Order, the attorney conducting the examination shall limit disclosure
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`of confidential information by any means practicable (21 $2., redaction or severance of non-
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`relevant portions) to only that which is in good faith required to conduct a meaningful
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`examination of the witness, and shall show all counsel a copy of said redacted document
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`before showing it to the witness. Any violation of this provision, or objection by counsel
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`to showing the document to the witness, shall entitle the objecting party to suspend the
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`deposition as to the offending questions, or lines of questioning, and to apply to the
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`Board for a further Protective Order or other appropriate relief; and
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`(vii) Any other person, either with the ‘prior written consent of the party who
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`has designated such information as confidential or pursuant to a Court order.
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`(d)
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`Before any person described in paragraphs 3(b)(iii), 3b(iv), 3(b)(viii) or 3(c)(ii),
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`3(c)(iii), or 3(c)(vii) receives or is shown any document or infortnation which has been
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`designated as confidential, such person shall be given a copy of this Order and shall agree in
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`writing, in the form of the “Agreement to be Bound By Terms Of The Protective Order" attached
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`hereto as Exhibit A, to be bound by the terms hereof. The original of each such Agreementto be
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`bound shall be maintained by counsel, and transmitted by facsimile to all other counseluof record.
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`Counsel transmitting an Agreement to be Bound shal.l give prior telephonic notice of the
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`transmission to all recipient counsel. No documents subject to this Order shall be shown to the
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`signatory of an Agreement to be Bound for five (5) business days after transmittal of the-
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`executed Exhibit A and other information to all other counsel of record. If any counsel objects to
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`showing the signatory documents subject to this Order, the objecting party shall give facsimile
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`notice of its objections and the grounds therefore within five (5) business days of receipt of an
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`executed Exhibit A. Upon receipt of a timely objection to an Exhibit A signatory, the parties
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`will meet in good faith to attempt to resolve the objections. If the objections cannot be resolved -
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`informal]-y, either party to the meet and confer process may give facsimile notice to the other
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`parties that the meet and confer process has been unsuccessful. After receipt of such notice, the
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`party objecting to disclosure to an Exhibit A signatory -shall have five (5) business days to file
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`and serve by facsimile a motion for protective order. No disclosure of confidential information
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`may be made to a person who is the subject of a pending motion for protective order. The
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`hearing on any Il'l0tiOn_f0l‘ protective order must be set in accordance with the Board’s schedule
`such that the responding parties shall have no less than five (5) business days to file and serve by
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`facsimile any opposition. If the scheduling ofthe-hearing on the motion for protective order and
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`the Board permit, the moving party may file and serve by facsimile a reply no less than three (3)
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`business days prior to the hearing on the motion for protective order.
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`If no objection is raised in the initial five-day period or no motion for protective
`order is filed and served within five days ofnotice that the meet and confer process is
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`unsuccessful, all objections to showing the signatory documents shall be waived and the
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`signatory may be shown the documents subject to this Order.
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`(e)
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`Nothing in this Order shall be construed to require execution of the written
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`Agreement referred to in paragraph 3(d) above, or to prevent d_iscl'osure of confidential
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`infonnation, by the party producing and designating such confidential information, or by any
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`employee of such party.
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`(i)
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`Nothing in this Order shall prevent counsel for either party from summarizing or
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`discussing in general terms the_nature of documents designated as “CONFI[lENTIAL” or
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`“HlGHLY CONFIDENTIAL” with representatives of their respective clients, outside experts _
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`and consultants, deponents or potential witnesses, provided such summary or discussion does not
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`disclose, in any way, the detailed substance of the document _so designated and/or trade secret
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`infonnation of another party.
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`4.
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`FILE UNDER SEAL
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`All information designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL”
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`filed with the Board and any pleading or other paper containing information designated as
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`“CONFIDENTIAL" or “HIGHLY CONFIDENTIAL” shali be filed under seal and marked:
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`_ CONFIDENTIAL INFORMATION-. This envelope contains
`documents that are subject to a Protective Order of the Board and
`shall not be opened or unsealed by anyone except the Board or its
`staff, without the prior written consent of counsel for the parties
`hereto or pursuant to Order of this Board. If the contents of this
`envelope are so unsealed, they-shall thereafter be rescaled.”
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`The envelope shall not be opened by other than Board personnel for the purposes of this
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`litigation without further Order of the Board.
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`S.
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`CHALLENGE TO CONFIDENTIALITY DESIGNATION
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`Any party who disagrees with the designation by a party of a document or other
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`information as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL" may bring a motion before
`the Board requesting that the Board find that the document or other information is, in fact, not
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`confidential andfor not entitled to be treated under this Protective Order as “CONFIDENTIAL”.
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`or “HIGHLY CONFIDENTIAL.” Prior to bringing such motion, a party who objects to any
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`other party's designation of documents or other information as “CONFIDENTIAL” or
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`“HIGHLY CONFIDENTIAL” shall notify the other party in writing ofthe objection. The
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`interested parties or other persons shall attempt to resolve such disagreements before‘ submitting
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`them to the Board. Pending resolution of any dispute concerning such designation, all parties
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`and persons governed by this Order shall treat as “CONFIDENTIAL” or “HIGHLY
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`CONFIDENTIAL” all documents and infomiation previously designated as “CONFIDENTIAL”
`or “HIGHLY CONFIDENTIAL” under the terms of this Order. If a motion challenging the
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`confidentiality designation is brought, the party or person asserting that a document or other
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`information is confidential shall bear the burden of demonstrating that tl1e “CONFIDENTIAL”
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`or “HIGHLY CONFlDENTiAL” designation is warranted.
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`6.
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`SURVIVAL or ORDER — RETURN or DOCUMENTS.
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`(a)
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`The provisions of this Order shall continue in effect until otherwise ordered by the
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`Board after notice and an opportunity to be heard is afforded to the parties to this proceeding.
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`The final determination or settlement of this proceeding shall not relieve any person who has
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`received confidential information or agreed to be bound by the terms of this Order ofhis, her, or
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`its obligations hereunder. Upon completion of the proceeding, all documents (including copies
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`I of.documents) containing confidential information shall be destroyed or returned to counsel for
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`the producing party, except that the parties’ respective attorneys of record may retain one copy of
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`all such documents. Within sixty (60) days of the conclusion of this litigation, the attorneys for
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`the receiving party shall notify the attorneys for the producing party that such rerumor
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`destruction occurred.
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`(b)
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`Except as provided in Sections 4 or 7 hereof, documents or things containing the
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`other party’s confidential information shall at all times be in the physical possession of those
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`persons qualifying under Section 3 hereunder, or kept by counsel of record either at the premises
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`regularly maintained by such counsel of record as and for their respective law offices, or
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`otherwise in their sole custody or control.
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`7.
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`OF OWN DOCUIVIENTS BY PRODUCING PAR 1 Y
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`Nothing in this Order shall limit the use by any party or other person of his, her or its own
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`document(s) or information, or any other documents or information obtained independently of
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`discovery, even if such docurnent(s) or information have been designated as “CONFIDENTIAL”
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`or “HIGHLY CONFIDENTIAL.”
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`s.
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`APPLICATIONS To BOARD
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`(a)
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`This_O_rder shall not preclude or limit any party’s right to oppose or object to
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`discovery on any ground which otherwise would be available." Thisuorder shall not preclude or
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`limit any party’s right to seek in camera review or_to seek further and additional protection
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`' against or limitation upon production or dissemination of information produced in response to
`discovery, including documents and their contents.
`(b)
`Any person to or by whom disclosure or inspection is made in violation ofthis
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`Order, and who has knowledge ofthis Order, shall be -bound bythe terms hereof.
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`The parties, and all other persons whoreceive confidential information pursuant
`(c)
`hereto, agree that any party or other person injured by a violation ofthis Order does not have an
`adequate remedy at law and thatan injunction against such violation is an appropriate remedy.
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`In the event any person shall violate or threaten to violate any terms of this Order, the parties
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`agree that the aggrieved party may immediately apply to obtain injunctive relief against any such
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`person. In the event the aggrieved party shall do so, the respondent person subjectlto the
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`provisions of this Order shall not employ as a defense thereto the claim that the aggrieved party
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`has an adequate remedy at law. The remedies set forth in this Section 8(c) are not exclusive to
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`any other remedies that an aggrieved party may elect to pursue.
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`- 9.
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`INADVERTENT DISCLOSURES
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`The parties agree that the inadvertent production of any document that would be
`protected from disclosure pursuant to the attomey-client privilege, the work product doctrine or
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`any other relevant privilege or doctrine Shall not _c_onstitute a waiver of the applicable privilege or
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`doctrine. If any such document is inadvertently produced, the recipient of the document agrees
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`that, upon request from the producing party, it will promptly return the document’ and all copies
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`of the document in its possession, delete any versions of the document on any database it
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`maintains and make no use of the information contained in the document, provided, however,
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`that the party retuming such document shall have the right to apply to the Board for an order that
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`such document is not protected from disclosure by any privilege. The parties further agree that
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`the inadvertent ranute to designate documents as “CONFIDENTIAL” andfor “HIGHLY
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`-CONFIDENTIAL” may be corrected at any time by written notice, which designation shali
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`operate prospectively pursuant to the terms of this Order.
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`10.
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`NO ADMISSIONS
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`Neither entering into this Stipulation for Protective Order no: receiving any documents or
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`other information designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” shall be
`construed as an ag;reemen_t or admission (1) that any document or information designated as
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`“CONFIDENTlAL" or “HIGHLY CONFIDENTIAL” is in fact confidential information; (2) as
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`to the correctness or truth of any allegation made or position taken relative to any matter
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`designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL?‘ or (3) as to the
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`authenticity, competency, relevancy, or materiality of any information or documentdesignated as
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`“CONFIDENTlAL" or “HIGHLY CONFIDENTIAL.” This Order is not intended to modify or
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`waive the provisions of the Federal Rules of Civil Procedure or of the Federal Rules of Evidence.
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`.
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`This Order does not require the production of documents or information that would otherwise be
`
`'
`
`. non-discoverable.
`
`ll.
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`' SUBPOENA BY COURTS OR OTHER AGENCIES
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`If another court or an administrative agency subpoena or order production of
`
`
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`“CONFiDENTIAL”or “HIGHLY CONFIDENTIAL" documents which a party has obtained
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`under the terms of this Order, before complying with such subpoena or order, such party shall
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`promptly notify the party or other person tvho designated "the documents of the pendency of s_uch
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`subpoena or order.
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`I4"
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`

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`12. MODIFICATION — FURTHER AGREEMENTS
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`Nothing contained herein shall preclude any party from seeking from the Board
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`modification of this Order upon proper notice or preclude the parties from entering into other
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`written agreements designed to protect confidential information.
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`13.
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`PRIOR TO ENTRY OF THIS PROTECTIVE ORDER
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`The parties agree to treat this Stipulation for Protective Order as binding upon execution
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`by all parties, and subject to acceptance and entry. If the Board does not enter this Stipulation
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`for Protective Order, the parties agree to have no further obligations pursuant to this stipulation
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`except to return all copies of materials received from the other party.
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`14.
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`COUNTERPARTS
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`This Stipulation for Protective Order may be executed in countelparts, each of which
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`I shall be deemed an original and which together shall constitute one instrument.
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`I hereby consent to the form,_ substance and entry of the within Order.
`
`it\,
`DATED: _t miflfl, 2007
`
`ATTORNEY FOR oprosna
`DEI Headquarters, Inc.
`
` iper Way
`
`Vista, CA 92081
`(760) 598-6200
`(760) 599-1339 Fax
`
`15
`
`
`
`
`
`

`
`MFE‘ "'[
`DATED-.Mam1f__, 2007
`
`ATTORNEYS FOR APPLICANT
`
`K.
`
`'
`
`‘*=-.
`
`Richard A. Homing '
`Fish & Richardson RC.
`
`500 Argucllo Street, Ste #500
`Redwood City, CA 94063
`
`Joel D. Leviton
`Fish & Richardson RC.
`
`60 South Sixth Street, Suite 3300
`Minneapolis, MN 55402
`
`M
`
`
`Marco Casartelli
`
`Vipera Gmbl-I
`Postfach
`
`CH 5401, Baden
`Switzerland '
`
`Title: Managing Director
`
`UNITED STATES PATENT AND
`TRADEMARK. OFFICE
`TRADEMARK TRIAL AND APPEAL
`BOARD
`E
`
`DATED: March _, 2007
`
`IT IS SO ORDERED:
`
`DATED:
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`
`
`
`
`

`
`EXHIBIT A
`
`AGREEMENT TO BE BOUND BY TERMS OF THE PROTECTIVE ORDER
`
`1,
`
`,
`
`, have received a copy of the Stipulation for Protective
`
`Order and Protective Order entered in the action entitled DEI Headguarters, Inc. v. Vipera
`
`GmbH, Opposition No. 91 169452.
`
`I have carefully read and understand the provisions of the
`
`‘Protective Order.
`
`I agree that 1- will comply with all provisions of the Protective Order and will
`
`use any “CONFIDENTIAL" .or “HIGHLY CONFIDENTIAL” information only for purposes of
`
`this proceeding. At the end of this proceeding or my involvement in this proceeding, whichever
`
`occurs first, 1 will either destroy or return to counsel for the party by whom I am employed or
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`retained all such “CONFIDENTLAL" or “HIGHLY CONFIDENTIAL” documents or
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`information that come into my possession.
`
`Dated:
`
`ll
`ll1
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`
`
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`.17