`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
`
`C.A. No.: 6:12-cv-00799-LED
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`INVENSYS SYSTEMS, INC.
`
`v.
`
`Plaintiff,
`
`EMERSON ELECTRIC CO. and
`MICRO MOTION INC., USA,
`
`and
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`Defendants,
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`MICRO MOTION INC., USA,
`
`v.
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`Counterclaim-Plaintiff,
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`INVENSYS SYSTEMS, INC,
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`Counterclaim-Defendant.
`
`PROTECTIVE ORDER
`
`WHEREAS, Plaintiff and Counterclaim-Defendant
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`Invensys Systems,
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`Inc. and
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`Defendant Emerson Electric Co. and Defendant and Counterclaim-Plaintiff Micro Motion, Inc.
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`hereafter referred to as “the Parties,” believe that certain information that
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`is or will be
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`encompassed by discovery demands by the Parties involves the production or disclosure of trade
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`secrets, confidential business information, or other proprietary information;
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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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`THEREFORE, it is hereby stipulated among the Parties and ORDERED that:
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`1.
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`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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`1
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`Case 6:12-cv-00799-JRG Document 66 Filed 08/20/13 Page 2 of 15 PageID #: 1741
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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:
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`“CONFIDENTIAL,”
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`“RESTRICTED – ATTORNEY’S EYES ONLY,”
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`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.
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`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.
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`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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`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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`2
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`Case 6:12-cv-00799-JRG Document 66 Filed 08/20/13 Page 3 of 15 PageID #: 1742
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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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`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.
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`A designation of Protected Material
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`(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.
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`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 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
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`that
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`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,
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`information or material
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`derived from or based thereon.
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`5.
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`“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)
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`outside counsel of record in this Action for the Parties;
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`3
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`Case 6:12-cv-00799-JRG Document 66 Filed 08/20/13 Page 4 of 15 PageID #: 1743
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`b)
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`c)
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`d)
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`employees of such counsel assigned to and reasonably necessary to assist such
`counsel in the litigation of this Action;
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`in-house counsel for the Parties who either have responsibility for making
`decisions dealing directly with the litigation of this Action, or who are assisting
`outside counsel in the litigation of this Action;
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`up to and including three (3) designated employees of each of the Parties to the
`extent reasonably necessary for the litigation of this Action, except that either
`Party may in good faith request the other Party’s consent to designate one or more
`additional 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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`Before access is given to the designated employees discussed in this paragraph, the
`identity of the designated employee, including name and role, shall be provided to the
`producing Party at least five (5) 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 five (5) 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.
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`indexes,
`including all copies, duplicates, abstracts,
`DESIGNATED MATERIAL,
`summaries, descriptions, and excerpts or extracts, shall be used by the employee only in
`the litigation of this Action and shall not be used for any other purpose. Within sixty (60)
`days of final termination of this Action, including any appeals, all DESIGNATED
`MATERIAL,
`including
`all
`copies,
`duplicates,
`abstracts,
`indexes,
`summaries,
`descriptions, and excerpts or extracts, shall either be returned to the producing Party or be
`destroyed.
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`a)
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`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
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`4
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`Case 6:12-cv-00799-JRG Document 66 Filed 08/20/13 Page 5 of 15 PageID #: 1744
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`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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`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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`the Court and its personnel; and
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`persons shown on the face of the document to have authored or received it.
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`b)
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`c)
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`d)
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`6.
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`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.
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`Documents, information or material produced pursuant to any discovery request in this
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`Action,
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`including but not
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`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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`5
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`Case 6:12-cv-00799-JRG Document 66 Filed 08/20/13 Page 6 of 15 PageID #: 1745
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`8.
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`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.
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`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.
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`For Protected Material designated RESTRICTED CONFIDENTIAL SOURCE CODE,
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`the following additional restrictions apply:
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`a)
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`b)
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`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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`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
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`6
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`Case 6:12-cv-00799-JRG Document 66 Filed 08/20/13 Page 7 of 15 PageID #: 1746
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`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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`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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`The producing Party will produce Source Code Material in computer searchable
`format on the stand-alone computer as described above;
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`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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`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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`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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`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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`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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`c)
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`d)
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`e)
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`f)
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`g)
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`h)
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`i)
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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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`7
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`Case 6:12-cv-00799-JRG Document 66 Filed 08/20/13 Page 8 of 15 PageID #: 1747
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`j)
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`k)
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`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 necessary to transport
`the printouts or photocopies (e.g., a hotel prior to a Court proceeding or
`deposition); and
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`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.
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`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 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.
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`Nothing in this Order shall require production of documents, information or other
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`material that a Party contends is protected from disclosure by the attorney-client privilege, the
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`work product doctrine, or other privilege, doctrine, or immunity. If documents, information or
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`8
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`Case 6:12-cv-00799-JRG Document 66 Filed 08/20/13 Page 9 of 15 PageID #: 1748
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`other material subject to a claim of attorney-client privilege, work product doctrine, or other
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`privilege, doctrine, or immunity is inadvertently or unintentionally produced, such production
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`shall in no way prejudice or otherwise constitute a waiver of, or estoppel as to, any such
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`privilege, doctrine, or immunity. Any Party that
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`inadvertently or unintentionally produces
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`documents, information or other material it reasonably believes are protected under the attorney-
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`client privilege, work product doctrine, or other privilege, doctrine, or immunity may obtain the
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`return of such documents, information or other material by promptly notifying the recipient(s)
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`and providing a privilege log for the inadvertently or unintentionally produced documents,
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`information or other material. The recipient(s) shall gather and return all copies of such
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`documents, information or other material to the producing Party, except for any pages containing
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`privileged or otherwise protected markings by the recipient(s), which pages shall instead be
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`destroyed and certified as such to the producing Party.
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`13.
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`There shall be no disclosure of any DESIGNATED MATERIAL by any person
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`authorized to have access thereto to any person who is not authorized for such access under this
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`Order. The 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.
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`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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`9
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`Case 6:12-cv-00799-JRG Document 66 Filed 08/20/13 Page 10 of 15 PageID #: 1749
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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.
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`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.
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`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.
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`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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`10
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`Case 6:12-cv-00799-JRG Document 66 Filed 08/20/13 Page 11 of 15 PageID #: 1750
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`proceedings with the designation by the designating Party of
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`any 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.
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`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.
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`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.
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`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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`11
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`Case 6:12-cv-00799-JRG Document 66 Filed 08/20/13 Page 12 of 15 PageID #: 1751
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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,
`
`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 either be returned to the producing Party or be destroyed. The receiving
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`Party shall verify the return or destruction by affidavit furnished to the producing Party, upon the
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`producing Party’s request.
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`22.
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`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.
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`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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`12
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`Case 6:12-cv-00799-JRG Document 66 Filed 08/20/13 Page 13 of 15 PageID #: 1752
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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.
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`Production of DESIGNATED MATERIAL by each of the Parties shall not be deemed a
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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.
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`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.
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`Nothing in this Order shall be construed to effect an abrogation, waiver or limitation of
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`any kind on the rights of each of the Parties to assert any applicable discovery or trial privilege.
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`27.
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`The Parties may, by stipulation, provide for exceptions to this order and any Party may
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`seek an order of this Court modifying this Protective Order.
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`28.
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`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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`13
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`__________________________________
`LEONARD DAVIS
`UNITED STATES DISTRICT JUDGE
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`So ORDERED and SIGNED this 20th day of August, 2013.
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`
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`Case 6:12-cv-00799-JRG Document 66 Filed 08/20/13 Page 14 of 15 PageID #: 1753
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
`
`C.A. No.: 6:12-cv-00799-LED
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`§§
`
`§
`
`§§
`
`§
`
`§§
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`§
`
`INVENSYS SYSTEMS, INC.
`
`v.
`
`Plaintiff,
`
`EMERSON ELECTRIC CO. and
`MICRO MOTION INC., USA,
`
`Defendants.
`
`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
`
`. My current employer is
`
`. My current occupation is
`
`.
`
`2.
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`I have received a copy of the Protective Order in this action. I have carefully read
`
`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
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`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 66 Filed 08/20/13 Page 15 of 15 PageID #: 1754
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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 Court for the purpose of enforcement of
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`the Protective Order in this action.
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`I declare under penalty of perjury that the foregoing is true and correct.
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`Signature
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`Printed Name
`
`Date
`
`15