FORM 3 PROTECTIVE ORDER—FEDERAL COURT [CASE STYLE]

• Jurisdiction: United States

FORM 3 PROTECTIVE ORDER—FEDERAL COURT [Case Style] AGREED PROTECTIVE ORDER

This Protective Order is issued to facilitate document disclosure and production under the Local Rules of this Court and the Federal Rules of Civil Procedure. Unless modified pursuant to the terms contained in this Order, this Order shall remain in effect through the conclusion of this litigation.

In support of this Order, the Court finds that:

A. Documents or information containing confidential proprietary and business information and/or trade secrets that bear significantly on the parties' claims or defenses are likely to be disclosed or produced during the course of discovery in this litigation;

B. The parties to this litigation may assert that public dissemination and disclosure of such information could severely injure or damage the party disclosing or producing the information and could place that party at a competitive disadvantage;

C. Counsel for the party or parties receiving such information are presently without sufficient information to accept the representation(s) made by the party or parties producing such information as to the confidential, proprietary, and/or trade secret nature of such information; and

D. To protect the respective interests of the parties and to facilitate the progress of disclosure and discovery in this case, the following Order should issue:

1. Confidential Information, as used herein, means any information of any type, kind or character which is designated as "Confidential" or "Attorneys' Eyes Only" by any of the supplying or receiving parties, including third parties, whether it be a document, information contained in a document, information revealed during a deposition, information revealed in an interrogatory answer or otherwise. In designating information as "Confidential" or "Attorneys' Eyes Only," a party will make such designation only as to the information that it in good faith believes contains Confidential Information. Information or material which is available to the public, including catalogues, advertising materials, and the like, shall not be classified.

2. The designation of information as "Confidential" shall be limited to information the producing or designating party believes in good faith contains non-public, confidential information.

3. The designation of information as "Attorneys' Eyes Only" shall be limited to information of the most sensitive nature which, if disclosed to persons of expertise in the area, would reveal significant technical or business advantages of the producing or designating party.

4. Nothing shall be regarded as Confidential Information if it is information that:

a. is in the public domain at the time of disclosure, as evidenced by a written document;
b. becomes part of the public domain through no fault of the other party, as evidenced by a written document;
c. the receiving party can show by written document that the information was in its rightful and lawful possession at the time of disclosure; or
d. the receiving party

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