DEFENDANTS’ PROPOSED PROVISION: Extremely sensitive “Confidential Material” representing computer code and associated comments and revision histories, formulas, engineering specifications, or schematics that define or otherwise describe in detail the algorithms or structure of software or hardware designs, disclosure of which to another Party or Non-Party would create a substantial risk of serious harm that could not be avoided by less restrictive means.
Every individual who has signed the “Acknowledgement and Agreement To Be Bound By Confidentiality Order” attached as Exhibit A, or who received any Designated Material, agrees to subject himself or herself to the jurisdiction of this Court for the purpose of any proceedings related to performance under, compliance with, or violation of this Order.
In addition, the proposed bar has been raised fairly late in the litigation, and, given the representations about the size of the Plaintiffs law firm, and the exposure of its attorneys to confidential information to date, as well as their experience with the patent and the prior art, the balance of harm does not favor the Defendants.
2.15 Professional Vendors: persons or entities that provide litigation support services (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and organizing, storing, or retrieving data in any form or medium) and their employees and subcontractors.
In addition, any such motion must be accompanied by a competent declaration describing the parties’ efforts to resolve the matter by agreement (i.e., the extent and the content of the meet and confer discussions) and setting forth the reasons advanced by the Designating Party for its refusal to approve the disclosure.