Case 6:12-cv-00799-JRG Document 42-3 Filed 06/24/13 Page 1 of 18 PageID #: 1468
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`Case 6:12—cv—00799—JRG Document 42-3 Filed 06/24/13 Page 1 of 18 Page|D #: 1468Case 6:12—cv—00799—JRG Document 42-3 Filed 06/24/13 Page 1 of 18 Page|D #: 1468
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`EXHIBIT C
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`EXHIBIT CEXHIBIT C
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`Case 6:12-cv-00799-JRG Document 42-3 Filed 06/24/13 Page 2 of 18 PageID #: 1469
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
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`INVENSYS SYSTEMS, INC.
`
`
`
`Plaintiff,
`v.
`
`
`
`EMERSON ELECTRIC CO. and
`MICRO MOTION INC., USA,
`
`
`
`Defendants.
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`
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
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`C.A. No.: 6:12-cv-00799-LED
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`
`
`PROTECTIVE ORDER
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`WHEREAS, Plaintiff Invensys Systems, Inc. and Defendants Emerson Electric Co. and
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`
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`Micro Motion, Inc. hereafter referred to as “the Parties,” believe that certain information that is
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`or will be encompassed by discovery demands by the Parties involves the production or
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`disclosure of trade secrets, confidential business information, or other proprietary information;
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`
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`WHEREAS, the Parties seek a protective order limiting disclosure thereof in accordance
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`with Federal Rule of Civil Procedure 26(c):
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`
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`THEREFORE, it is hereby stipulated among the Parties and ORDERED that:
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`1. Each Party may designate as confidential for protection under this Order, in whole or in
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`part, any document, information or material that constitutes or includes, in whole or in part,
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`confidential or proprietary information or trade secrets of the Party or a Third Party to whom the
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`Party reasonably believes it owes an obligation of confidentiality with respect to such document,
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`information or material (“Protected Material”). Protected Material shall be designated by the
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`Party producing it by affixing a legend or stamp on such document, information or material as
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`follows: “CONFIDENTIAL,” “RESTRICTED – ATTORNEY’S EYES ONLY,” or
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`“RESTRICTED CONFIDENTIAL SOURCE CODE.” The designation shall be placed clearly
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`on each page of the Protected Material (except deposition and hearing transcripts) for which such
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`protection is sought. For deposition and hearing transcripts, the designation shall be placed on
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`the cover page of the transcript (if not already present on the cover page of the transcript when
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`received from the court reporter) by each attorney receiving a copy of the transcript after that
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`attorney receives notice of the appropriate designation of some or all of that transcript.
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`2. Any document produced under Patent Rules 2-2, 3-2, and/or 3-4 before issuance of this
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`Order with the designation “Confidential” shall receive the same treatment as if designated
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`“CONFIDENTIAL” under this Order, unless and until such document is redesignated to have a
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`different classification under this Order. Any document produced under Patent Rules 2-2, 3-2,
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`and/or 3-4 before issuance of this Order with the designation “Confidential – Outside Attorney’s
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`Only,” “Confidential – Attorneys’ Eyes Only” or “Attorneys’ Eyes Only” shall receive the same
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`treatment as if designated “RESTRICTED – ATTORNEYS’ EYES ONLY” under this Order,
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`unless and until such document is redesignated to have a different classification under this Order.
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`3. With respect to documents, information or material designated “CONFIDENTIAL,”
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`“RESTRICTED – ATTORNEYS’ EYES ONLY,” or “RESTRICTED CONFIDENTIAL
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`SOURCE CODE” (“DESIGNATED MATERIAL”) 1 subject to the provisions herein and unless
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`otherwise stated, this Order governs, without limitation: (a) all documents, electronically stored
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`information, and/or things as defined by the Federal Rules of Civil Procedure; (b) all pretrial,
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`hearing or deposition testimony, or documents marked as exhibits or for identification in
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`depositions and hearings; (c) pretrial pleadings, exhibits to pleadings and other court filings; (d)
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`affidavits; and (e) stipulations. All copies, reproductions, extracts, digests and complete or partial
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`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,” or “RESTRICTED
`CONFIDENTIAL SOURCE CODE,” both individually and collectively.
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`summaries prepared from any DESIGNATED MATERIALS shall also be considered
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`DESIGNATED MATERIAL and treated as such under this Order.
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`4. A designation of Protected Material (i.e., “CONFIDENTIAL,” “RESTRICTED –
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`ATTORNEYS’ EYES ONLY,” or “RESTRICTED CONFIDENTIAL SOURCE CODE”) may
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`be made at any time. Inadvertent or unintentional production of documents, information or
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`material that has not been designated as DESIGNATED MATERIAL shall not be deemed a
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`waiver in whole or in part of a claim for confidential treatment. Any Party that inadvertently or
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`unintentionally produces Protected Material without designating
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`it as DESIGNATED
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`MATERIAL may request destruction of that Protected Material by notifying the recipient(s), as
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`soon as reasonably possible after the producing Party becomes aware of the inadvertent or
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`unintentional disclosure, and providing replacement Protected Material that is properly
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`designated. The recipient(s) shall then destroy or return all copies of the inadvertently or
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`unintentionally produced Protected Materials and any documents, information or material
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`derived from or based thereon.
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`5. “CONFIDENTIAL” documents, information and material may be disclosed only to the
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`following persons, except upon receipt of the prior written consent of the designating Party, upon
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`order of the Court, or as set forth in paragraph 12 herein:
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`a) outside counsel of record in this Action for the Parties;
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`b) employees of such counsel assigned to and reasonably necessary to assist such
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`counsel in the litigation of this Action;
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`c) in-house counsel for the Parties who either have responsibility for making decisions
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`dealing directly with the litigation of this Action, or who are assisting outside
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`counsel in the litigation of this Action;
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`d) up to and including three (3) designated employees of each of the Parties to the
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`extent reasonably necessary for the litigation of this Action, except that either Party
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`may in good faith request the other Party’s consent to designate one or more additional
`employees, the other Party shall not unreasonably withhold such consent, and the
`requesting Party may seek leave of Court to designate such additional employee(s) if the
`requesting Party believes the other Party has unreasonably withheld such consent.
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`PLAINTIFF’S PROPOSAL: [No Undertaking of Appendix B is necessary for access to
`first tier “CONFIDENTIAL” material by designated employees.]
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`DEFENDANTS’ PROPOSAL: [Before access is given to the designated employees
`discussed in this paragraph, the representatives (i) shall complete the Undertaking
`attached as Appendix B hereto agreeing to be bound by the terms of this protective order
`and identifying the person’s name (“Undertaking”) and (ii) the receiving Party shall
`deliver such Undertaking to the producing Party; and the same is delivered to outside
`counsel for the producing Party at least ten (10) days before access to the
`DESIGNATED MATERIAL is to be given to the employee. If a producing Party objects
`to disclosure of the DESIGNATED MATERIAL to the employee, the Parties agree to
`promptly confer and use good faith to resolve any such objection. If the Parties are
`unable to resolve any objection, the objecting Party may file a motion with the Court
`within ten (10) 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. The
`Undertaking of employees to whom DESIGNATED MATERIAL is disclosed shall be
`maintained by outside counsel for the receiving Party and made available to the Court
`upon the Court’s request.]
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`
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`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 Appendix A hereto and the same is delivered, along with a
`current curriculum vitae of the consultant or expert, as required by this Paragraph 5(e).
`The Undertaking of outside consultants or experts to whom DESIGNATED MATERIAL
`is disclosed shall be maintained by outside counsel for the receiving Party with copies
`delivered to outside counsel for the producing Party at least ten (10) days before access
`to the DESIGNATED MATERIAL is to be given to that consultant. If a producing Party
`objects to disclosure of the DESIGNATED MATERIAL to the consultant or expert, the
`Parties agree to promptly confer and use good faith to resolve any such objection. If the
`Parties are unable to resolve any objection, the objecting Party may file a motion with the
`Court within ten (10) 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. The
`Undertaking of outside consultants or experts to whom DESIGNATED MATERIAL is
`disclosed shall be maintained by outside counsel for the receiving Party and made
`available to the Court upon the Court’s request.
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`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;
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`g) the Court and its personnel; and
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`h) persons shown on the face of the document to have authored or received it.
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`6. A Party shall designate documents, information or material as “CONFIDENTIAL” only
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`upon a good faith belief that the documents, information or material contains confidential or
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`proprietary information or trade secrets of the Party or a Third Party to whom the Party
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`reasonably believes it owes an obligation of confidentiality with respect to such documents,
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`information or material.
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`7. Documents, information or material produced pursuant to any discovery request in this
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`Action, including but not limited to Protected Material designated as DESIGNATED
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`MATERIAL, shall be used by the Parties only in the litigation of this Action and shall not be
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`used for any other purpose. Any person or entity who obtains access to DESIGNATED
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`MATERIAL or the contents thereof pursuant to this Order shall not make any copies, duplicates,
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`extracts, summaries or descriptions of such DESIGNATED MATERIAL or any portion thereof
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`except as may be reasonably necessary in the litigation of this Action. Any such copies,
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`duplicates, extracts, summaries or descriptions shall be classified DESIGNATED MATERIALS
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`and subject to all of the terms and conditions of this Order.
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`8. To the extent a producing Party believes that certain documents, information or material
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`qualifying to be designated CONFIDENTIAL is so sensitive that its dissemination deserves even
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`further limitation, the producing Party may designate such Protected Material “RESTRICTED –
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`ATTORNEYS’ EYES ONLY.” A designation of “RESTRICTED – ATTORNEYS’ EYES
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`ONLY” may include, but is not limited to, confidential research and development, financial,
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`technical or trade secret information.. To the extent such documents, information or material
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`include computer source code and/or live data (that is, data as it exists residing in a database or
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`databases) (“Source Code Material”), the producing Party may designate such documents,
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`information or material as “RESTRICTED CONFIDENTIAL SOURCE CODE.”
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`9. For Protected Material designated RESTRICTED – ATTORNEYS’ EYES ONLY, access
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`to, and disclosure of, such Protected Material shall be limited to individuals listed in paragraphs
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`5(a-c) and (e-h).
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`10. For Protected Material designated RESTRICTED CONFIDENTIAL SOURCE CODE, the
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`following additional restrictions apply:
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`a) Access to a Party’s Source Code Material shall be provided only on a “stand-alone”
`computer (that is, the computer may not be linked to any network, including a local area
`network (“LAN”), an intranet or the Internet). The stand-alone computer may be
`connected to (i) a printer, or (ii) a device capable of temporarily storing electronic copies
`solely for the limited purposes permitted pursuant to paragraphs 10 (h and k) below.
`Additionally, except as provided in paragraph 10(k) below, the stand-alone computer(s)
`may only be located at the offices of the producing Party’s outside counsel. Individuals
`accessing Restricted Confidential Source Code Material for the receiving Party shall be
`permitted to use or bring a laptop computer with which to take notes into the room with
`the stand-alone computer containing the Source Code Material, provided that the laptop
`computer is not connected to any LAN, PAN or other wireless network.
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`b) The receiving Party shall make reasonable efforts to restrict its requests for such access to
`the stand-alone computer to normal business hours, which for purposes of this paragraph
`shall be 8:00 a.m. through 6:00 p.m. However, upon reasonable notice from the
`receiving Party, the producing Party shall make reasonable efforts to accommodate the
`receiving Party’s request for access to the stand-alone computer outside of normal
`business hours. The Parties agree to cooperate in good faith such that maintaining the
`producing Party’s Source Code Material at the offices of its outside counsel shall not
`unreasonably hinder the receiving Party’s ability to efficiently and effectively conduct the
`prosecution or defense of this Action;
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`c) The producing Party shall provide the receiving Party with information explaining how to
`start, log on to, and operate the stand-alone computer in order to access the produced
`Source Code Material on the stand-alone computer(s);
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`d) The producing Party will produce Source Code Material in computer searchable format
`on the stand-alone computer as described above;
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`e) Access to Protected Material designated RESTRICTED CONFIDENTIAL SOURCE
`CODE shall be limited to outside counsel and up to three (3) outside consultants or
`experts2
` (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. A receiving Party may include excerpts of Source Code
`Material in a pleading, exhibit, expert report, discovery document, deposition transcript,
`other Court document, provided that the Source Code Documents are appropriately
`marked under this Order, restricted to those who are entitled to have access to them as
`specified herein, and, if filed with the Court, filed under seal in accordance with the
`Court’s rules, procedures and orders;
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`f) To the extent portions of Source Code Material are quoted in a document either (1) the
`entire document will be stamped and treated as RESTRICTED CONFIDENTIAL
`SOURCE CODE or (2) those pages containing quoted Source Code Material will be
`separately stamped and treated as RESTRICTED CONFIDENTIAL SOURCE CODE;
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`g) Except as set forth in paragraph 10(k) below, no electronic copies of Source Code
`Material shall be made without prior written consent of the producing Party, except as
`necessary to create documents which, pursuant to the Court’s rules, procedures and order,
`must be filed or served electronically;
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`h) The receiving Party shall be permitted to make a reasonable number of printouts and
`photocopies of Source Code Material, all of which shall be designated and clearly labeled
`“RESTRICTED CONFIDENTIAL SOURCE CODE,” and the receiving Party shall
`maintain a log of all such files that are printed or photocopied;
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`i) Should such printouts or photocopies be transferred back to electronic media, such media
`shall be labeled “RESTRICTED CONFIDENTIAL SOURCE CODE” and shall continue
`to be treated as such;
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`j) If the receiving Party’s outside counsel, consultants, or experts obtain printouts or
`photocopies of Source Code Material, the receiving Party shall ensure that such outside
`counsel, consultants, or experts keep the printouts or photocopies in a secured locked area
`in the offices of such outside counsel, consultants, or expert. The receiving Party may
`also temporarily keep the printouts or photocopies at: (i) the Court for any proceedings(s)
`relating to the Source Code Material, for the dates associated with the proceeding(s); (ii)
`the sites where any deposition(s) relating to the Source Code Material are taken, for the
`dates associated with the deposition(s); and (iii) any intermediate location reasonably
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`2 For the purposes of this paragraph, an outside consultant or expert is defined to include the outside consultant’s or
`expert’s direct reports and other support personnel, such that the disclosure to a consultant or expert who employs
`others within his or her firm to help in his or her analysis shall count as a disclosure to a single consultant or expert.
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`necessary to transport the printouts or photocopies (e.g., a hotel prior to a Court
`proceeding or deposition); and
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`k) A producing Party’s Source Code Material may only be transported by the receiving
`Party at the direction of a person authorized under paragraph 10(e) above to another
`person authorized under paragraph 10(e) above, on paper or removable electronic media
`(e.g., a DVD, CD-ROM, or flash memory “stick”) via hand carry, Federal Express or
`other similarly reliable courier. Source Code Material may not be transported or
`transmitted electronically over a network of any kind, including a LAN, an intranet, or
`the Internet. Source Code Material may only be transported electronically for the purpose
`of Court proceeding(s) or deposition(s) as set forth in paragraph 10(j) above and is at all
`times subject to the transport restrictions set forth herein. But, for those purposes only,
`the Source Code Materials may be loaded onto a stand-alone computer.
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`11. Any attorney representing a Party, whether in-house or outside counsel, and any person
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`associated with a Party and permitted to receive the other Party’s Protected Material that is
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`designated RESTRICTED – ATTORNEYS’ EYES ONLY
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`and/or RESTRICTED
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`CONFIDENTIAL SOURCE CODE (collectively “HIGHLY SENSITIVE MATERIAL”), who
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`obtains, receives, has access to, or otherwise learns, in whole or in part, the other Party’s
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`HIGHLY SENSITIVE MATERIAL under this Order shall not prepare, prosecute, supervise, or
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`assist in the preparation or prosecution of any patent application claiming priority to a patent-in-
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`suit on behalf of the receiving Party or its acquirer, successor, predecessor, or other affiliate
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`during the pendency of this Action and for one year after its conclusion, including any appeals.
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`12. Nothing in this Order shall require production of documents, information or other material
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`that a Party contends is protected from disclosure by the attorney-client privilege, the work
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`product doctrine, or other privilege, doctrine, or immunity. If documents, information or other
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`material subject to a claim of attorney-client privilege, work product doctrine, or other privilege,
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`doctrine, or immunity is inadvertently or unintentionally produced, such production shall in no
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`way prejudice or otherwise constitute a waiver of, or estoppel as to, any such privilege, doctrine,
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`or immunity. Any Party that inadvertently or unintentionally produces documents, information or
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`other material it reasonably believes are protected under the attorney-client privilege, work
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`product doctrine, or other privilege, doctrine, or immunity may obtain the return of such
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`documents, information or other material by promptly notifying the recipient(s) and providing a
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`privilege log for the inadvertently or unintentionally produced documents, information or other
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`material. The recipient(s) shall gather and return all copies of such documents, information or
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`other material to the producing Party, except for any pages containing privileged or otherwise
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`protected markings by the recipient(s), which pages shall instead be destroyed and certified as
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`such to the producing Party.
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`13. There shall be no disclosure of any DESIGNATED MATERIAL by any person authorized
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`to have access thereto to any person who is not authorized for such access under this Order. The
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`Parties are hereby ORDERED to safeguard all such documents, information and
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`material to protect against disclosure to any unauthorized persons or entities.
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`14. Nothing contained herein shall be construed to prejudice any Party’s right to use any
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`DESIGNATED MATERIAL in taking testimony at any deposition or hearing provided that the
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`DESIGNATED MATERIAL is only disclosed to a person(s) who is: (i) eligible to have access to
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`the DESIGNATED MATERIAL either as allowed in this Protective Order or by virtue of his or
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`her employment with the designating Party, (ii) identified in the DESIGNATED MATERIAL as
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`an author, addressee, or copy recipient of such information, or (iii) although not identified as an
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`author, addressee, or copy recipient of such DESIGNATED MATERIAL, has, in the ordinary
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`course of business, seen such DESIGNATED MATERIAL. DESIGNATED MATERIAL shall
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`not be disclosed to any other persons unless prior authorization is obtained from counsel
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`representing the producing Party or from the Court.
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`15. Parties may, at the deposition or hearing or within thirty (30) days after receipt of a
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`deposition or hearing transcript, designate the deposition or hearing transcript or any portion
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`thereof as “CONFIDENTIAL,” “RESTRICTED – ATTORNEYS’ EYES ONLY,” or
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`“RESTRICTED CONFIDENTIAL SOURCE CODE” pursuant to this Order. Access to the
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`deposition or hearing transcript so designated shall be limited in accordance with the terms of
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`this Order. Until expiration of the 30-day period, the entire deposition or hearing transcript shall
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`be treated as RESTRICTED – ATTORNEYS’ EYES ONLY.
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`16. Any DESIGNATED MATERIAL that is filed with the Court shall be filed under seal and
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`shall remain under seal until further order of the Court. A separate motion to seal shall not be
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`required for filing of DESIGNATED MATERIAL under seal. The filing Party shall be
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`responsible for informing the Clerk of the Court that the filing should be sealed and for placing
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`the legend “FILED UNDER SEAL PURSUANT TO PROTECTIVE ORDER” above the caption
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`and conspicuously on each page of the filing. Exhibits to a filing shall conform to the labeling
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`requirements set forth in this Order. If a pretrial pleading filed with the Court, or an exhibit
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`thereto, discloses or relies on DESIGNATED MATERIAL, such portions shall be redacted to the
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`extent necessary and the pleading or exhibit filed publicly with the Court.
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`17. A Party shall not be obligated to challenge the propriety of a designation as
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`“CONFIDENTIAL,” “RESTRICTED – ATTORNEYS’ EYES ONLY,” or “RESTRICTED
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`CONFIDENTIAL SOURCE CODE” at the time made, and a failure to do so shall not preclude a
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`subsequent challenge thereto. In the event any Party to this Action disagrees at any state of these
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`proceedings with
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`the designation by
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`the designating Party of any
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`information as
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`“CONFIDENTIAL,” “RESTRICTED – ATTORNEYS’ EYES ONLY,” or “RESTRICTED
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`CONFIDENTIAL SOURCE CODE,” the Parties shall first try to resolve such dispute in good
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`faith on an informal basis, such as by production of redacted copies. If the dispute cannot be
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`resolved, the objecting Party may apply to the Court for relief. Upon any such application to the
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`Court, the burden shall be on the designating Party to show why its classification is proper. In
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`making such application, the requirements of the Federal Rules of Civil Procedure and the Local
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`Rules of the Court shall be met. Pending the Court’s determination of the application, the
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`designation of the designating Party shall be maintained.
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`18. Each outside consultant or expert to whom DESIGNATED MATERIAL is disclosed in
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`accordance with the terms of this Order shall be advised by counsel of the terms of this Order,
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`shall be informed that he or she is subject to the terms and conditions of this Order, and shall
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`sign an acknowledgment that he or she has received a copy of, has read, and has agreed to be
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`bound by this Order. A copy of the acknowledgment form is attached as Appendix A.
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`19. To the extent that any discovery is taken of persons who are not Parties to this Action
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`(“Third Parties”) and in the event that such Third Parties contended the discovery sought
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`involves trade secrets, confidential business information, or other proprietary information, the
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`Parties agree that the provisions of this Order apply to such documents and such Third Parties
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`may agree to be bound by this Order.
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`20. To the extent that discovery or testimony is taken of Third Parties, the Third Parties may
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`designate as “CONFIDENTIAL” or “RESTRICTED – ATTORNEYS’ EYES ONLY” any
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`documents, information or other material, in whole or in part, produced or given by such Third
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`Parties. The Third Parties shall have ten (10) days after production of such documents,
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`information or other materials to make such a designation. Until that time period lapses or until
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`such a designation has been made, whichever occurs sooner, all documents, information or other
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`material so produced or given shall be treated as RESTRICTED – ATTORNEYS’ EYES ONLY
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`in accordance with this Order.
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`21. Within sixty (60) days of final termination of this Action, including any appeals, all
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`DESIGNATED MATERIAL, including all copies, duplicates, abstracts, indexes, summaries,
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`descriptions, and excerpts or extracts thereof (excluding excerpts or extracts incorporated into
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`any privileged memoranda of the Parties and materials which have been admitted into evidence
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`in this Action), shall at the producing Party’s election either be returned to the producing Party or
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`be destroyed. The receiving Party shall verify the return or destruction by affidavit furnished to
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`the producing Party, upon the producing Party’s request.
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`22. The failure to designate documents, information or material in accordance with this Order
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`and the failure to object to a designation at a given time shall not preclude the filing of a motion
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`at a later date seeking to impose such designation or challenging the propriety thereof. The entry
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`of this Order and/or the production of documents, information and material hereunder shall in no
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`way constitute a waiver of any objection to the furnishing thereof, all such objections being
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`hereby preserved.
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`23. Any Party knowing or believing that any other party is in violation of or intends to violate
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`this Order and has raised the question of violation or potential violation with the opposing Party
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`and has been unable to resolve the matter by agreement may move the Court for such relief as
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`may be appropriate in the circumstances. Pending disposition of the motion by the Court, the
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`Party alleged to be in violation of or intending to violate this Order shall discontinue the
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`performance of and/or shall not undertake the further performance of any action alleged to
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`constitute a violation of this Order.
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`24. Production of DESIGNATED MATERIAL by each of the Parties shall not be deemed a
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`Case 6:12-cv-00799-JRG Document 42-3 Filed 06/24/13 Page 14 of 18 PageID #: 1481
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`publication of the documents, information and material (or the contents thereof) produced so as
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`to void or make voidable whatever claim the Parties may have as to the proprietary and
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`confidential nature of the documents, information or other material or its contents.
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`25. Discovery of information regarding testifying and consulting experts is subject to the
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`relevant limitations of the Federal Rules of Civil Procedure.
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`26. Nothing in this Order shall be construed to effect an abrogation, waiver or limitation of any
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`kind on the rights of each of the Parties to assert any applicable discovery or trial privilege.
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`27. The Parties may, by stipulation, provide for exceptions to this order and any Party may seek
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`an order of this Court modifying this Protective Order.
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`28. Each of the Parties shall also retain the right to file a motion with the Court (a) to modify
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`this Order to allow disclosure of DESIGNATED MATERIAL to additional persons or entities if
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`reasonably necessary to prepare and present this Action and (b) to apply for additional protection
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`of DESIGNATED MATERIAL.
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`Case 6:12-cv-00799-JRG Document 42-3 Filed 06/24/13 Page 15 of 18 PageID #: 1482
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
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`INVENSYS SYSTEMS, INC.
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`Plaintiff,
`v.
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`EMERSON ELECTRIC CO. and
`MICRO MOTION INC., USA,
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`Defendants.
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`§
`§
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`§
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`C.A. No.: 6:12-cv-00799-LED
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`APPENDIX A
`UNDERTAKING OF EXPERTS OR
`CONSULTANTS REGARDING PROTECTIVE ORDER
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`I, ____________________________________________, declare that:
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`1.
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`My address is
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`. My current employer is
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`2.
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`I have received a copy of the Protective Order in this action. I have carefully read
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`and understand the provisions of the Protective Order.
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`3.
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`I will comply with all of the provisions of the Protective Order. I will hold in
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`confidence, will not disclose to anyone not qualified under the Protective Order, and will use
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`only for purposes of this action any information designated as “CONFIDENTIAL,”
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`“RESTRICTED – ATTORNEYS’ EYES ONLY,” or “RESTRICTED CONFIDENTIAL
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`SOURCE CODE” that is disclosed to me.
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`Case 6:12-cv-00799-JRG Document 42-3 Filed 06/24/13 Page 16 of 18 PageID #: 1483
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`4.
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`Promptly upon termination of this action, I will return or destroy all documents
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`and things designated as “CONFIDENTIAL,” “RESTRICTED – ATTORNEYS’ EYES ONLY,”
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`or “RESTRICTED CONFIDENTIAL SOURCE CODE” that came into my possession, and all
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`documents and things that I have prepared relating thereto, to the outside counsel for the Party by
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`whom I am employed.
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`5.
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`I hereby submit to the jurisdiction of this Co