Case 2:15-cv-01274-JRG-RSP Document 134-2 Filed 08/18/16 Page 1 of 10 PageID #:
` 4291
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`Exhibit 21
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`

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`Case 3:11-cv-07044-PGS-DEA Document 82 Filed 04/01/14 Page 1 of 9 PageID: 1132Case 2:15-cv-01274-JRG-RSP Document 134-2 Filed 08/18/16 Page 2 of 10 PageID #:
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` 4292
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`KUN CHO, ESQ.
`LAW OFFICE OF KUN CHO LLC
`560 SYLVAN AVENUE, STE 3160
`ENGLEWOOD CLIFFS, NJ 07632
`ATTORNEY FOR PLAINTIFF,
`MARLOWE PATENT HOLDINGS LLC
`
`KEVIN .J. O'CoNNOR, EsQ.
`LUM, DRASCO & POSIT AN LLC ·
`103 EISENI-IOWf~R PARKWAY
`ROSELAND, NJ 07068
`(973) 403-9000
`ATTORNEYS FOR DEFENDANT
`FORD MOTOR COMPANY
`
`UNITED STATES DISTRICT COURT
`DISTRICT OF NEW JERSEY
`
`MARLOWE PATENT HOLDINGS LLC,
`Plaintiff,
`
`v.
`
`FORD MOTOR COMPANY,
`
`Defendant.
`
`Civil Action No.2: 11-cv-07044-PGS
`
`DISCOVERY CONFIDENTIALITY ORDER
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`It appearing that discovery in the above-captioned action is likely to involve the
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`disclosure of confidential information:
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`IT IS ORDERED As FOLLOWS:
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`I.
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`Any party to this litigation and any third-party shall have the dght to
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`designate as "Confidential" and subject to this Order any information, document, or
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`thing, or portion of any docutnent or thing: (a) that contains trade secrets, compe~itively
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`sensitive technical, marketing, financial, sales or other confidential business inforr~1ation,
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`---------------------------------------·----1--·-····-··----·-
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`

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`or (b) that contains private or conJldential personal in formation, or (c) that contains
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`information received in confidence from third parties, or (d) which the producing party
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`othervvise believes in good faith to be entitled to protection under Rule 26(c)(1 )(G) of the
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`Federal Rule.s of Civil Procedure and Local Civil Rule 5.3. Any party to this litig:~tion or
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`any third party covered by this Order, who produces or discloses any ConOdential
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`tnaterial, including without limitation any information, document, thing, intern,gatory
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`answer, adtnission, pleading, or testimony, shall mark the same with the foreg(,ing or
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`similar
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`legend:
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`"CONFIDENTIAL" or
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`"'CONFIDENTIAL
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`SUB.JEc·rr TO
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`DISCOVERY CONFIDEN'I'IALITY ORI)ER" (hereinafter "Confidential").
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`2.
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`Any party to this litigation and any third-party shall have the dght to
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`designate as "Attc)rneys' Eyes Onli' and subject to this Order any infonrnation.
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`document, or thing, or portion of any docwnent or thing that contains highly stmsitive
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`business or personal information, the disclosure· of which is highly likely to cause
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`significant harm to an individual or to the business or cotnpetitive position of the
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`designating party. Any party to this litigation or any third party who is covered ~1y this
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`Order, who produces or discloses any Attorneys' Eyes Only material, including without
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`limitation any information, document, thing, interrogatory answer, admission, pl~ading,
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`or testimony, shall mark the same with the foregoing or similar legend: "ATTORNEYS'
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`EYES ONLY" or ''ATTORNEYS' EYES ONLY - SUBJECT TO DISCOiVERY
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`CONFIDENTIALITY ORDER" (hereinafter "Attorneys' Eyes Only").
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`3.
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`All Confidential material shall be used by the receiving party solely for
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`purposes of the prosecution or defense of this action, shall not be used by the re<~civing
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`party for any business, commercial, competitive, personal or other purpose, and shalJ not
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`be disclosed by the receiving party to anyone other than those set forth in Paragraph 4.
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`unless and until the restrictions herein are removed either by written agreement of
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`counsel for the parties, or by Order of the Court. It is, however, understood that counsel
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`for a party may give advice and opinions to his or her client solely relating to the above(cid:173)
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`captioned action based on his or her evaluation of Confidential material, provid<~d that
`
`2
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`

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`such advice and opinions shall not reveal the content of such Confidential material except
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`by prior written agreement of counsel for the parties, or by Order of the Court.
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`4.
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`Confidential inaterial and the contents of Confidential material rnay be
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`disclosed only to the following individuals under the following conditions:
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`a. Outside counsel (herein defined as any attorney at the parties' out:~ide
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`law finns) and relevant in-house counsel for the parties;
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`b. Outside experts or consultants retained by outside counsel for purp(~ses
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`of this action, provided they have signed a non-disclosure agreement in
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`the form attached hereto as Exhibit A~
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`c. Secretarial, paralegal, clerical, duplicating and data proces~ping
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`personnel ofthe foregoing;
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`d. The Court and court personnel;
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`e. Any deponent may be shown or examined on any
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`information,
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`docmnent or thing designated Confidential if it appears that the witr~ess
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`authored or received a copy of it, was involved in the subject malter
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`described therein _or
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`is etnployed by the party who produced the
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`infonnation, document or thing, or if the producing party consent~~ to
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`such disclosure;
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`f. Vendors retained by or for the parties to assist in preparing for pret:rial
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`discovery, trial and/or hearings including, but not limited to, court
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`reporters, litigation support personnel, jury consultants, individuals to
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`prepare demonstrative and audiovisual aids for use in the courtroorr~ or
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`in depositions or mock jury sessions, as well as their staff, stenograp~ic,
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`and clerical employees whose duties and responsibilities require acc:ess
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`to such materials; and
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`3
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`

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`g. The parties. In the case of parties that are corporations or other business
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`entities, "party" shall mean executives who are required to participat¢; in
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`decisions with reference to this lawsuit.
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`5.
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`Confidential material shall be used only by individuals permitted access to
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`it under Paragraph 4. Confidential material, copies thereof, and the infonnation
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`contained therein, shall not be disclosed in any tnanner to any other individual, until and
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`unless (a) outside counsel for the party asserting confidentiality \vaives the chtitn of
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`confidentiality, or (b) the Court orders such disclosure.
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`6.
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`With respect to any depositions that involve a disclosure of Confidential
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`material of a party to this action, such party shall have until thirty (30) days atler :receipt
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`of the deposition transcript vvithin which to infonn all other parties that portions of the
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`transcript are to be designated Confidential, which period may be extended by agn~ement
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`of the parties. No. such deposition transcript shall be disclosed to any individua[ other
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`than the individuals described in Paragraph 4(a), (b), (c), (d) and (f) above and the
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`deponent during these thirty (30) days, and no individual attending such a deposition
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`shall disclose the contents of the deposition to any individual other than those de~~cribed
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`in Paragraph 4(a), (b), (c), (d) and (f) above during said thirty (30) days. Upon being
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`informed that certain portions of a deposition are to be designated as Confidential~ aJI
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`parties shall immediately cause each copy of the transcript in its custody or contra~; to be
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`appropriately marked and
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`limit disclosure of that
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`transcript
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`in accordancet with
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`Paragraphs 3 and 4.
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`7.
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`Material produced and marked as Attorneys' Eyes Only tnay be dis,closed
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`only to outside counsel for the receiving party and to such other persons as counsel for
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`the producing party agrees in advance or as Ordered by the Court.
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`4
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`

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`8.
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`lf counsel for a party receiving documents or information design~tted as
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`Confidential or Attorneys' Eyes Only hereunder objects to such designation of an~; or all
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`of such items, the following procedure shall apply:
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`(a)
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`Counsel for the objecting party shall serve on the designating p~trty
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`or third party a written objection to such designation, which shall
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`describe with particularity the docun1ents or infonnation in question
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`and shall state the grounds for objection. Counsel
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`for :the
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`designating party or third party shall respond. in writing to such
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`objection \vithin 14 days. and shall state with particularity the
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`grounds
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`for asserting
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`that
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`the document or
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`infonnation
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`is
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`Confidential or Attorneys' Eyes Only. If no timely written respo'1se
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`is made to the objection, the challenged designation will be deerlled
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`to be void.
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`If the designating party or nonparty makes a tirr:ely
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`response to such objection asserting the propriety of the designatton.
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`counsel shall then confer in good faith in an effort to resolve the
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`dispute.
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`(b)
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`If a dispute as to a Confidential or Attorneys' Eyes Only designation
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`of a document or it ern of in formation cannot be resolved by
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`agreement, the proponent of the designation being chaJlenged slhall
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`present the dispute to the Court initially by telephone or letter.r in
`accordance with Local Civil Rule 3 7.1 (a)( 1 ), before filing a foninal
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`motion for an order regarding the challenged designation.
`
`lhe
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`document or information that is the subject of the tiling shall be
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`treated as originally designated pending resolution of the dispute.
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`9.
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`All requests to seal documents filed with the Court shall comply with Local
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`Civil Rule 5.3.
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`5
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`1 0.
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`If the need arises during trial or at any Ilearing before the Court for any
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`party to disclose Confidential or Attorneys' Eyes Only information, it 1nay do so only
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`after giving notice to the producing party and as directed by the Court.
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`11.
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`To
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`the extent consistent
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`'vith applicable
`
`law,
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`the inadvert<~nt or
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`unintentional disclosure of Confidential material that should have been designated as
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`such, regardless of whether the infonnation, document or thing was so designated at the
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`time of disclosure, shall not be deemed a \vaiver in whole or in part of a party's cllaitn of
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`confidentiality, either as to the specific information, document or thing disclosed or as to
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`. any other material or information concerning the same or related subject matter. Such
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`inadvertent or unintentional disclosure may be rectified hy notifying in writing qounsel
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`for all parties to whom the material was disclosed that the material should have been
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`designated Confidential within a reasonable titne after disclosure. Such notic(~ shall
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`constitute a designation of the information~ document or thing as Confidential unc;er this
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`Discovery Confidentiality Order.
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`12. When the inadvertent or mistaken disclosure of any information, do<~ument
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`or thing protected by privilege or work-product itntnunity is discovered by the producing
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`party and brought to the attention of the receiving party, the receiving party's tre,attnent
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`of such material shall be in accordance with Federal Rule of Civil Procedure 26(b )(5)(8).
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`Such inadvertent or tnistaken disclosure of such infonnation, document or thing sball not
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`by itself constitute a waiver by the producing party of any claims of privilege ot work(cid:173)
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`product in11nunity. However, nothing herein restricts the right of the receiving party to
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`challenge the producing party's claim of privilege if appropriate within a reasonab,~e time
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`after receiving notice of the inadvertent or mistaken disclosure.
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`13. No information that is in the public domain or which is already known hy
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`the receiving party through proper means or which is or becomes available to iP party
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`from a source other than the party asserting confidentiality, rightfully in posses$ion of
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`6
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`such information on a non-confidential basis, shall be deemed or considered to be
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`Confidential Jnaterial under this Discovery Confidentiality Order ..
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`14.
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`'fhis Discovery Confidentiality Order shall not deprive any party of its right
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`to object to discovery by any other party or on any othenvise permitted ground. This
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`Discovery Confidentiality Order is being entered without prejudice to the right of any
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`party to tnove the Court for tnodification or for relief from any of its terms.
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`15.
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`This Discovery Confidentiality Order shall survive the termination of this
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`action and shall remain in full force and effect unless modified by an Order of thi$ Court
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`or by the \Vritten stipulation of the parties filed with the Court.
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`16.
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`Upon final conclusion of this litigation. each party or other individual
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`subject to the tcnns hereof shall be under an obligation to assemble and to return to the
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`originating source all originals and unmarked copies of docutncnts and things con:taining
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`Confidential material and to destroy, should such source so request, all COJ~ies of
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`Confidential material that contain and/or constitute attorney work product as 'Nell· as
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`excerpts, sumtnaries and digests revealing Confidential material; provided, howev,:r, that
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`counsel may retain complete copies of all transcripts and pleadings including any e!'Xhibits
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`attached thereto for archival purposes, subject to the provisions of this Dis1~overy
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`Confidentiality Order. To the extent a party requests the return of Confidential n":aterial
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`from the Court after the final conclusion of the litigation, including the exhaustion of all
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`appeals therefrmn and all related proceedings, the party shall file a motion seeking such
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`relief.
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`17. Any person who receives any document containing technical information
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`designated as Attorneys' Eyes Only shall not use such information in prepa11ing or
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`prosecuting any patent application, have any substantive involvement in such use or in
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`claiming priority from any application filed using such information, or otherwise use
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`such information to assist in such preparation, prosecution, or other patent prosc~cution
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`7
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`procedure from the titnc of receipt of such information through and including one (I)
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`year following the entry of a final non-appealable judgtnent or order or the complete
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`settlement of all claims against the relevant prod
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`i
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`HON.
`
`8
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` 4300
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`EXHIBIT A
`
`UNITED STATES DISTRICT COURT
`DISTRICT OF NEW JERSEY
`
`MARLOWE PATENT HOLDINGS LLC,
`
`Civil Action No.2: 11-cv-07044-PGS
`
`Plaintiff,
`
`v.
`
`FORD M<>TOR COMPANY,
`
`Defendant.
`
`AGREEMENT TO BE BOUND BY
`DISCOVERY CONFIDENTIALITY O!RDER
`
`I, ___________________ __ _______ , being duly sworn, state that:
`
`1. My address i s - - - - - - - - - - - - - - - - - - - - - - - - -
`2. My present employer is ___
`and the add:ress of
`tny present etnployment is
`e.--·
`3. My present occupation or job description is
`
`_____________ ,
`
`4. I have carefully read and understood the provisions of the Discovery
`Confidentiality Order in this case signed by the Court, and I will comply \,;,ith all
`provisions ofthe Discovery Confidentiality Order.
`
`5. I will hold in confidence and not disclose to anyone not qualified under the
`Discovery Confidentiality Order any Confidential Material or any words, summaries.·
`' abstracts, or indices of Confidential Information disclosed to me.
`6. I will limit use of Confidential Material discJosed to me solely for purpose of
`this action.
`7. No later than the final conclusion of the case, I will return all Confidential rYiaterial
`and summaries, abstracts, and indices thereof which come into my possession, and documents or
`things which I have prepared relating thereto, to counsel for the party for whom I was employed
`or retained.
`
`I declare under penalty of perjury that the foregoing is true and correct.
`
`Dated: -----------------
`
`[Name]
`
`9