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Valencell, Inc. v. Bragi Store, LLC

United States District Court, E.D. North Carolina, Western Division

August 1, 2017

VALENCELL, INC., Plaintiff,
v.
BRAGI STORE, LLC, BRAGI NORTH AMERICA, LLC, and BRAGI GMBH, Defendants.

         JURY TRIAL DEMANDED

          James C. Dever, III Judge

          STIPULATED PROTECTIVE ORDER

          Robert B. Jones, Jr. United States Magistrate Judge

         1. PURPOSE

         Disclosure and discovery activity in this Action are likely to involve production of confidential, proprietary, or private information for which special protection from public disclosure and from use for any purpose other than prosecuting this Action may be warranted. Accordingly, the Court hereby issues the following Protective Order. This Order does not confer blanket protections on all disclosures or responses to discovery. Rather, the protection it affords from public disclosure and unauthorized use extends only to the limited information or items that are entitled to confidential treatment according to the terms of this Order. The parties to this Action may modify or replace this order according to the provisions of Section 10 below.

         2. DEFINITIONS

         2.1. The "Action" shall refer only to the above-captioned case(s) and shall not include related cases unless this Protective Order is amended to explicitly cover such related cases.

         2.2. The "Agreement" shall refer to the Agreement to Be Bound attached hereto as Appendix A. All executed Agreements to this Protective Order are Confidential Information pursuant to this Protective Order.

         2.3. "Confidential Information" shall mean information (regardless of how it is generated, stored, or maintained) or tangible things that qualify for protection under Federal Rule of Civil Procedure 26. Confidential Information not designated under a more restrictive designation shall be marked or otherwise designated "CONFIDENTIAL."

         2.4. "Designated In-House Counsel" shall mean In-House Counsel who seek access to "Highly Confidential Information" in this Action.

         2.5. "Disclosure or Discovery Material" shall mean all items or information, regardless of the medium or manner in which it is generated, stored, or maintained (including, among other things, testimony, transcripts, and tangible things), that are produced or generated in disclosures or responses to discovery in this matter.

         2.6. "Expert" shall mean a person with specialized knowledge or experience in a matter pertinent to the litigation who (1) has been retained by a Party or its counsel to serve as an expert witness or as a consultant in this Action, (2) is not a current employee of a Party for purposes other than this Action, and (3) at the time of retention, is not anticipated to become an employee of a Party.

         2.7. "Final Disposition" shall mean that (1) final judgment has been entered and any appeals of the final judgment have concluded, or (2) all claims of any kind asserted in the Action have been dismissed with prejudice by the Party or Parties who brought such claims.

         2.8. "Highly Confidential Information" shall mean extremely sensitive "Confidential Information," the 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. Highly Confidential Information not designated with a more restrictive designation, to the extent possible, shall be marked or otherwise designated "HIGHLY CONFIDENTIAL - OUTSIDE COUNSEL ONLY."

         2.9. "Highly Confidential Information - Source Code" shall mean extremely sensitive "Confidential Information" that defines or otherwise describes 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. Highly Confidential Information - Source Code shall be marked or otherwise designated "HIGHLY i CONFIDENTIAL - SOURCE CODE - OUTSIDE COUNSEL ONLY."

         2.10. "In-House Counsel" shall mean attorneys who are employees of a Party or Non-Party. In-House Counsel does not include Outside Counsel.

         2.11. "Non-Party" shall mean any natural person, partnership, corporation, association, or other legal entity not named as a Party to this Action

         2.12. "Outside Counsel" attorneys who are not employees of a Party to this Action but are retained to represent or advise a Party to this Action and have appeared in this Action on behalf of that Party or are affiliated with a law firm which has appeared on behalf of that Party.

         2.13. "Party" shall mean any party to this Action, including all of its officers, directors, employees, consultants, Experts, and Outside Counsel (and their support staffs).

         2.14. "Producing Party" shall mean a Party or Non-Party that produces Disclosure or Discovery Material in this Action. Any Producing Party may designate information or items under the provisions of this Protective Order.

         2.15. "Professional Vendors" shall mean 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.

         2.16. "Protected Material" shall mean any Disclosure or Discovery Material that is designated under this Protective Order.

         2.17. "Receiving Party" shall mean a Party or Non-Party that receives Disclosure or Discovery Material in this Action.

         3.DESIGNATING CONFIDENTIAL INFORMATION

         3.1. Manner and Timing of Designations. Designation under this Order requires the Producing Party to affix the applicable legend ("CONFIDENTIAL," "HIGHLY CONFIDENTIAL - OUTSIDE COUNSEL ONLY," or "HIGHLY CONFIDENTIAL - SOURCE CODE -OUTSIDE COUNSEL ONLY") to each page or item that contains or embodies protected material. For testimony given in a deposition or other proceeding, the Producing Party shall specify all protected testimony and the level of protection being asserted. It may make that designation during the deposition or proceeding, or may invoke, on the record or by written ...


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