Case 1:16-cv-10142-DJC Document 22 Filed 03/01/16 Page 1 of 15
`Case 1:16—cv—10142—DJC Document 22 Filed 03/01/16 Page 1 of 15
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`IN THE UNITED STATES DISTRICT COURT
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`FOR THE DISTRICT OF MASSACHUSETTS
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`KEURIG GREEN MOUNTAIN, INC.
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`Plaintiff,
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`TOUCH COFFEE & BEVERAGES, LLC,
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`Defendant.
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`
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`CIVIL ACTION NO.: 1:l6—CV-10142-DJC
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`STIPULATED PROTECTIVE ORDER
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`Whereas pretrial discovery in the above-captioned action (the “Action”) shall necessarily
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`involve the disclosure of trade secrets or confidential research, development, or commercial
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`information of all parties and of non-parties from whom discovery may be sought;
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`Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, subject to the approval of
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`the Court, the following Stipulated Protective Order (“Order”) shall govern the exchange of
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`confidential information in this case:
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`1.
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`1.1
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`Scope of Protection
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`This Order shall govern any record of information, designated pursuant to 1] 3 of
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`this Order, produced in this Action, including all designated deposition testimony, all designated
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`testimony taken at a hearing or other proceeding, all designated interrogatory answers,
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`documents and other discovery materials, whether produced informally or in response to
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`interrogatories, requests for admissions, requests for production of documents or other formal
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`method of discovery.
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`46 I 5040.]
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`

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`Case 1:16—cv—10142—DJC Document 22 Filed 03/01/16 Page 2 of 15
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`1.2
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`This Order shall also govern any designated record of information produced in
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`this Action pursuant to required disclosures under any federal procedural rule or United States
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`District Court for the District of Massachusetts Local Rule orjudge’s individual practice or
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`order, and any supplementary disclosures thereto.
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`1.3
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`For purposes of W 3-5 and 10, a non-party acting in accordance with 11 19 shall be
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`treated as a designating party.
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`2.
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`Definitions
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`2.1
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`“Confidential” information, as used herein, means any type or classification of
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`information, so designated, that is nonpublic, proprietary, commercially or otherwise sensitive,
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`or that falls within the term “trade secret.”
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`2.2
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`“Patents-In-Suit” means any patents asserted in the Action.
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`2.3
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`“Patent Prosecution Activities” means any activities related to the preparation or
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`prosecution of patent applications before the United States Patent and Trademark Office (“PTO”)
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`or other similar foreign government or agency, including writing or reviewing patent
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`applications, writing or reviewing new or amended patent claims, or counseling related to patent
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`applications or to new or amended patent claims. “Patent Prosecution Activities” does not
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`include participating in, or counseling related to, any reissue, ex parte reexamination, inter
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`partes review, or other post-grant proceeding before a domestic or foreign agency, except that
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`Patent Prosecution Activities does include the following activities in connection with any post-
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`grant proceeding involving the Patents-In-Suit or other patents or patent applications: drafting
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`new patent claims, amending existing patent claims, consulting or advising on claim language, or
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`making or advising on arguments related to new or amended patent claims.
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`

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`Case 1:16—cv—10142—DJCi Document 22 Filed 03/01/16 Page 3 of 15
`Case 1:16-cv-10142-DJC Document 22 Filed 03/01/16 Page 3 of 15
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`2.4
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`“Competitive Decision Making” means participation in a party’s decisions made
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`in light of information about a competitor, including without limitation, decisions relating to
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`strategic plans, marketing analyses and projections, pricing, and product design. “Competitive
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`Decision Making” does not encompass advice or counsel relating to litigation strategy.
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`3.
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`Designations
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`3.1
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`Each party may designate as CONFIDENTIAL - OUTSIDE COUNSEL ONLY
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`any information furnished to the other party during discovery that is believed to contain
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`Confidential information.
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`3.2
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`A designation of any information as CONFIDENTIAL — OUTSIDE COUNSEL
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`ONLY shall only be made if the designating party has a reasonable, good-faith belief that (a)
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`such information contains Confidential information as defined herein, and (b) disclosure of such
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`information without restriction would be detrimental to that party in the conduct of its business
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`and cause cognizable harm.
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`3.3
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`Any party may designate any item as CONFIDENTIAL - OUTSIDE COUNSEL
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`ONLY by placing or affixing to such item, in a manner that will not interfere with the legibility
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`thereof, a notice identifying the item as CONFIDENTIAL - OUTSIDE COUNSEL ONLY.
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`3.4
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`To the extent that any party has, prior to the date that this Order is entered,
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`produced to the other side materials that the producing party has marked with any confidentiality
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`designation, all such materials shall be considered to have been designated under this Order as
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`CONFIDENTIAL - OUTSIDE COUNSEL ONLY unless otherwise agreed by the parties.
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`4.
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`4.1
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`Limit on Use and Disclosure of Designated Information
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`Each party and all persons bound by the terms of this Order shall only use any
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`information or document designated CONFIDENTIAL - OUTSIDE COUNSEL ONLY in
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`

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`Case 1:16-cv-10142-DJC Document 22 Filed 03/01/16 Page 4 of 15
`Case 1:16—cv—10142—DJC Document 22 Filed 03/01/16 Page 4 of 15
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`connection with the prosecution or defense of this Action, and not for any other purpose,
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`including, but not limited to, use in any business or commercial enterprise, except as permitted
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`by this Order or by prior written agreement with counsel for the producing party. Except as
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`provided for in this Order, no party or other person shall disclose or release any information or
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`document governed by this Order to any person not authorized pursuant to this Order to receive
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`such information or document.
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`4.2
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`The attorneys of record for the parties and other persons receiving information
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`governed by this Order shall exercise reasonable care to ensure that the information and
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`documents governed by this Order are (a) used only for the purposes specified herein, and (b)
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`disclosed only to authorized persons.
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`5.
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`Disclosure of Information Designated CONFIDENTIAL - OUTSIDE
`COUNSEL ONLY
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`Except as provided in {HI 7, 16, 17, and 18, documents or information designated
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`CONFIDENTIAL - OUTSIDE COUNSEL ONLY shall be disclosed by the recipient thereof
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`only on a need-to-know basis to:
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`(a)
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`outside counsel of record for the parties, including other lawyers in their
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`firms, and who are not engaged in Competitive Decisions Making, either for a party to this
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`Action or for a competitor of any party, and such outside counsel’s authorized secretarial,
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`clerical and legal assistant staff who are actively engaged in assisting such counsel with the
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`prosecution or defense of this Action;
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`(b)
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`(c)
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`the Court and Court personnel;
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`outside consultants or outside experts and their staff, retained by the
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`parties or their attorneys solely for purposes of this Action, who first agree to be bound by the
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`terms of this Order by executing a Confidentiality Undertaking in accordance with 1] 8;
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`

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`Case 1:16-cv-10142-DJC Document 22 Filed 03/01/16 Page 5 of 15
`Case 1:16—cv—10142—DJC Document 22 Filed 03/01/16 Page 5 of 15
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`(d)
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`court reporters, videographers, and their respective staffs employed in
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`connection with this Action; and
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`(e)
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`non-parties specifically retained to assist counsel of record with copying
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`and computer services necessary for document handling, and other litigation support personnel
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`(e.g., graphic designers and animators, database entry personnel).
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`6.
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`Identification of Outside Experts or Outside Consultants
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`6.1
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`If any party desires to disclose information designated CONFIDENTIAL -
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`OUTSIDE COUNSEL ONLY to any outside expert or outside consultant pursuant to W 5(0)
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`above, it must first provide written notice to the attorneys for the producing party identifying
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`each such outside expert or outside consultant. Attorneys for the producing party shall have five
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`(5) business days from receipt of such notice to object to the disclosure of such information to
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`any of the outside experts or outside consultants so identified. Any party that fails to object
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`within five (5) business days of receiving such notice shall be deemed to have waived such
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`objection and the parties shall be deemed to have agreed upon disclosure. No CONFIDENTIAL
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`- OUTSIDE COUNSEL ONLY information may be disclosed to any proposed outside expert or
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`outside consultant until such time as the parties have agreed upon disclosure, have waived such
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`objection, or until the Court rules on a timely motion made pursuant to 1] 6.3 below.
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`6.2 Written notice identifying a proposed outside expert or outside consultant under 1]
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`6.1 above shall include the full name and professional address and/or affiliation of the proposed
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`outside expert or outside consultant, an up-to-date curriculum vitae or resume, a list of any prior
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`or current employments or consultancies during the previous four (4) years, and a list of cases in
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`which the outside expert or outside consultant has testified at deposition, hearing or trial within
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`the last four (4) years.
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`

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`Case 1:16-cv-10142-DJC Document 22 Filed 03/01/16 Page 6 of 15
`Case 1:16—cv—10142—DJC Document 22 Filed 03/01/16 Page 6 of 15
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`6.3
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`The parties shall attempt to resolve any objections informally. If the objections
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`cannot be resolved, the party opposing disclosure of the CONFIDENTIAL - OUTSIDE
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`COUNSEL ONLY information to the proposed outside expert or outside consultant may move
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`the Court for an Order prohibiting the disclosure. Any party that fails to file such a motion
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`within ten (10) business days of notifying a party of an objection to disclosure under 1] 6.1 shall
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`be deemed to have waived such objection and the parties shall be deemed to have agreed upon
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`disclosure to the outside expert or outside consultant.
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`6.4
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`The provisions of 1] 6 shall not apply to disclosures made by non-parties.
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`7.
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`Request to Disclose Designated Information
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`Any party may at any time request permission to disclose documents or information
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`designated as CONFIDENTIAL - OUTSIDE COUNSEL ONLY other than as permitted by this
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`Order by serving a written request upon counsel for the producing party. Such request shall
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`specifically identify the information sought to be disclosed, the manner in which it is to be
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`disclosed, and the person to whom it is to be disclosed. The producing party shall thereafter
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`respond to the request in writing within five (5) business days of receipt of the written request.
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`A failure to respond within such time shall constitute a refusal. If the requested permission is
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`withheld, the parties shall negotiate in good faith concerning the request. Where consent has
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`been withheld and the party and the producing party are subsequently unable to agree on the
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`terms and conditions of disclosure, the matter may be submitted to the Court for resolution by
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`the party requesting disclosure. Disclosure shall not be made until the Court has ruled on that
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`relief or the parties otherwise mutually agree in writing.
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`

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`Case 1:16-cv-10142-DJC Document 22 Filed 03/01/16 Page 7 of 15
`Case 1:16—cv—10142—DJC Document 22 Filed 03/01/16 Page 7 of 15
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`8.
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`Agreement of Confidentiality
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`In no event shall any information designated CONFIDENTIAL - OUTSIDE COUNSEL
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`ONLY be disclosed to any person authorized pursuant to fill] 5(c) and 6 until such person has
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`executed a written Confidentiality Undertaking (in the form set forth in Exhibit A hereto)
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`acknowledging and agreeing to be bound by the terms of this Order. Counsel for the party
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`seeking to disclose material designated under this Order to any such person pursuant to this
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`paragraph shall be responsible for retaining the executed originals of all such Confidentiality
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`Undertakings.
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`9.
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`Related Documents
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`The restrictions contained herein on the use of information designated CONFIDENTIAL
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`- OUTSIDE COUNSEL ONLY shall apply to any and all (a) portions of documents, copies,
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`extracts, and complete or partial summaries prepared from or containing such information; (b)
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`portions of deposition transcripts and exhibits thereto which contain or reflect the content of any
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`such documents, copies, extracts, or summaries; (c) portions of briefs, memoranda or any other
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`papers filed with the Court and exhibits thereto which contain or reflect the content of any such
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`documents, copies, extracts, or summaries; and/or (d) deposition testimony designated in
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`accordance with 1[ 10.
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`10.
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`Designation of Deposition Transcripts
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`10.1 Any and all portions of deposition transcripts containing CONFIDENTIAL -
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`OUTSIDE COUNSEL ONLY information may be designated as such either on the record during
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`the deposition or by providing, within twenty-one (21) days following receipt of the official
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`transcripts of the deposition to the reporter and all counsel of record, written notice of the
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`specific pages and lines that contain Confidential information.
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`

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`Case 1:16-cv-10142-DJC Document 22 Filed 03/01/16 Page 8 of 15
`Case 1:16—cv—10142—DJC Document 22 Filed 03/01/16 Page 8 of 15
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`10.2 All deposition transcripts not previously designated shall be deemed to be and
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`treated as CONFIDENTIAL - OUTSIDE COUNSEL ONLY for a period of twenty-one (21)
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`days after receipt of the official transcript of the deposition, and the transcript shall not be
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`disclosed during such time by a non-designating party to persons other than those persons named
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`or approved according to 1H[ 5 or 6.
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`10.3
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`The designating party shall have the right, before the taking of testimony which
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`the designating party designates as CONFIDENTIAL - OUTSIDE COUNSEL ONLY and
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`subject to this Protective Order, to exclude from portions of a deposition all persons other than
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`those persons previously qualified to receive such information pursuant to W 5 or 6.
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`11.
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`Designation of Hearing Testimony or Argument
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`With respect to testimony elicited during hearings and other proceedings, whenever
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`counsel for any party deems that any question or line of questioning calls for the disclosure of
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`information designated as CONFIDENTIAL - OUTSIDE COUNSEL ONLY, counsel may
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`designate on the record prior to such disclosure that the disclosure is subject to confidentiality
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`restrictions. Whenever CONFIDENTIAL - OUTSIDE COUNSEL ONLY information is to be
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`discussed in a hearing or other proceeding, any party claiming such confidentiality may ask the
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`Court to have excluded from the hearing or other proceeding any person who is not entitled
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`under this Order to receive information so designated.
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`12.
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`Designation of Documents Under Seal
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`Any party wishing to make of record any CONFIDENTIAL - OUTSIDE COUNSEL
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`ONLY information shall file a motion for leave to file under seal the filing containing the
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`Confidential material, and, if the motion for leave to file is granted, subsequently file the
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`Confidential material with the Clerk of the Court. The Clerk of the Court is to maintain such
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`

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`Case 1:16-cv-10142-DJC Document 22 Filed 03/01/16 Page 9 of 15
`Case 1:16—cv—10142—DJC Document 22 Filed 03/01/16 Page 9 of 15
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`information under seal and make it available only to the Court and to persons authorized by the
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`terms of this Order. The party filing any paper which reflects, contains or includes any
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`information or document subject to this Order shall title such paper in a sealed envelope, or other
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`appropriately sealed container, which includes the title of the Action, the party filing the
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`materials, the nature of the materials filed, and the legend CONTAINS CONFIDENTIAL
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`INFORMATION SUBJECT TO PROTECTIVE ORDER: TO BE OPENED ONLY BY OR AS
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`DIRECTED BY THE COURT. At the conclusion of this case, any materials filed with the Court
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`under seal shall be kept under seal or be returned to the party filing it for disposition as provided
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`for in {I 20 below.
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`13.
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`Other Protections, Including Patent Prosecution Bar
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`13.1 No person shall use any information designated CONFIDENTIAL - OUTSIDE
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`COUNSEL ONLY by another party or non-party, or information derived therefrom, for purposes
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`other than the prosecution or defense of this Action, including, without limitation, for purposes
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`of preparing, filing or prosecuting any trademark application, copyright application, patent
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`application, continuation or divisional patent application, reissue patent application,
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`supplemental examination, interference, derivation proceeding, reexamination, inter partes
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`review, post-grant review, covered business method proceeding, or any proceeding before the
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`United States Copyright Office or the PTO, or any Patent Prosecution Activities.
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`13.2
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`In addition to the other restrictions of this Order, any person who reviews
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`information designated as CONFIDENTIAL - OUTSIDE COUNSEL ONLY must refrain from
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`engaging in Patent Prosecution Activities relating to technologies involved in the Action, from
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`time of receipt of such information until two years after the final conclusion of the Action,
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`including any appeals. Technologies involved in the Action include without limitation brewers,
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`

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`Case 1:16-cv-10142-DJC Document 22 Filed 03/01/16 Page 10 of 15
`Case 1:16—cv—l0142—DJC Document 22 Filed 03/01/16 Page 10 of 15
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`coffee-related technology, and beverage appliances. This disqualification shall not be imputed to
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`partners, associates, or other colleagues of disqualified individuals where the partners, associates,
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`or other colleagues did not themselves review information designated as CONFIDENTIAL -
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`OUTSIDE COUNSEL ONLY. If it is likely that information designated as CONFIDENTIAL -
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`OUTSIDE COUNSEL ONLY will be used at trial, the parties shall discuss the operation of this
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`Paragraph at the pretrial conference.
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`13.3 Any party may mark any document or thing containing CONFIDENTIAL -
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`OUTSIDE COUNSEL ONLY information as an exhibit to a deposition, hearing or other
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`proceeding and examine the witness based on document, provided that the witness is qualified
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`under the terms of this Order to have access to such designated materials.
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`14.
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`Challenges to Confidentiality
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`14.1
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`This Order shall not preclude any party from seeking and obtaining, on an
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`appropriate showing, such additional protection with respect to the confidentiality of documents
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`or other discovery materials as that party may consider appropriate. Nor shall any party be
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`precluded from: (a) claiming that any matter designated hereunder is not entitled to the
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`protections of this Order; (b) applying to the Court for an Order permitting the disclosure or use
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`of information or documents otherwise prohibited by this Order; or (c) applying for a further
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`Protective Order modifying this Order in any respect. No party shall be obligated to challenge
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`the propriety of any designation, and failure to do so shall not preclude a subsequent challenge to
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`the propriety of such designation.
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`14.2
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`If a party seeks declassification or removal of particular items from a designation
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`on the ground that such designation is not necessary to protect the interests of the party that
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`designated the information, the following procedure shall be utilized:
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`10
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`

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`Case 1:16-cv-10142-DJC Document 22 Filed 03/01/16 Page 11 of 15
`Case 1:16—cv—l0142—DJC Document 22 Filed 03/01/16 Page 11 of 15
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`(a)
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`The party seeking such declassification or removal shall give counsel of
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`record for the other party written notice thereof by email, physical mail, or personal
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`delivery specifying the designated information as to which such removal is sought and
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`the reasons for the request; and
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`(b)
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`If, after conferring, the parties cannot reach agreement concerning the
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`matter within five (5) business days after the delivery and receipt of the notice, then the
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`party requesting the declassification or removal of particular items may challenge the
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`designation by motion.
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`15.
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`Inadvertent Failure to Designate or Inadvertent Disclosure
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`15.1
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`A producing party or non-party that inadvertently fails to designate an item
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`pursuant to this Order at the time of production may make a designation pursuant to this Order
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`by serving notice thereof in writing, accompanied by substitute copies of each item,
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`appropriately designated. Those individuals who reviewed the documents or information prior to
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`the notice of mis—designation or failure to designate by the producing party shall return all such
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`mis-designated produced documents (and all copies, if any) to the disclosing party, or destroy
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`such documents and certify their destruction to the disclosing party, and shall honor, to the extent
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`reasonably practicable, the provisions of this Order with respect to the use and disclosure of
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`confidential information in the mis-designated documents.
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`15.2
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`IfConf1dentia1 information designated pursuant to this Order is disclosed to any
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`person other than in the manner authorized by this Order, the party responsible for this disclosure
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`must immediately bring all pertinent facts relating to such improper disclosure to the attention of
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`all interested parties, without intentionally creating prejudice to other rights and remedies of the
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`disclosing party, and shall make every effort to prevent further improper disclosure.
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`ll
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`

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`Case 1:16-cv-10142-DJC Document 22 Filed 03/01/16 Page 12 of 15
`Case 1:16—cv—10142—DJC Document 22 Filed 03/01/16 Page 12 of 15
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`15.3
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`Inadvertent production of documents subject to work-product immunity, attorney-
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`client privilege, common interest/joint defense privilege, or other privilege shall not constitute a
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`waiver of the immunity or privilege, provided that the disclosing party shall notify the receiving
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`party of such inadvertent production as soon as practicable after the first time the disclosing
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`party learns of the inadvertent production. Such inadvertently produced documents (and all
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`copies, if any) shall be returned to the disclosing party, or destroyed and their destruction
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`certified to the disclosing party, within three (3) business days after receiving the request or by a
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`deadline agreed upon by the parties. No use shall be made of such documents by the receiving
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`party unless the receiving party successfully challenges the claims privilege on grounds other
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`than the inadvertent disclosure. If the parties are unable to agree as to the application of any
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`claim of privilege or immunity, either party may petition the Court for resolution. The parties
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`expressly incorporate the provisions of Fed. R. Civ. P. 26(b)(5)(B).
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`15.4 Nothing in this Order shall preclude either party from petitioning the Court for
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`return of later-discovered, inadvertently produced work-product immunity, attorney-client
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`privileged, common interest/joint defense privileged, or other privileged documents.
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`16.
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`Disclosure to Author or Recipient
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`Notwithstanding any other provisions of this Order, nothing herein shall prohibit counsel
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`or a party from disclosing a document containing CONFIDENTIAL - OUTSIDE COUNSEL.
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`ONLY information to any person who appears from the face of the document to have drafted,
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`prepared, executed, or received the document.
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`17.
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`Confidentiality of a Party’s Own Documents
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`Nothing herein shall affect the right of the designating party to disclose to its officers,
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`directors, employees, attorneys, outside consultants, outside experts, or to any other person, its
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`12
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`

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`Case 1:16-cv-10142-DJC Document 22 Filed 03/01/16 Page 13 of 15
`Case 1:16—cv—10142—DJC Document 22 Filed 03/01/16 Page 13 of 15
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`own information. Such disclosure shall not waive the protections of this Order and shall not
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`entitle other parties or their attorneys to disclose such information in violation of it, unless by
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`such disclosure of the designating party the information becomes public knowledge. Similarly,
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`this Order shall not preclude a party from showing its own information to its officers, directors,
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`employees, attorneys, outside consultants, outside experts, or to any other person, even if this
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`information has been filed under seal by the opposing party.
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`18.
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`Prior or Public Knowledge
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`The restrictions contained in this Order shall not apply to information that is or was
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`available to the public prior to disclosure or that is or was legitimately and independently
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`acquired from a source not subject to this Order.
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`19.
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`Non-Parties
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`Any non-party from whom discovery is sought may execute a Non-Party Declaration and
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`Confidentiality Undertaking as set forth in Exhibit B and designate information to be disclosed
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`as CONFIDENTIAL - OUTSIDE COUNSEL ONLY. The parties shall disclose information so
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`designated only in accordance with 111] 4, 5, 6, and 10.
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`20.
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`Destruction or Return of Designated Information
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`Within sixty (60) days following final termination of this Action after all appeals, unless
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`otherwise agreed to in writing by an attorney of record for the designating party, each party shall
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`destroy and certify destruction of, or assemble and return, all materials containing information
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`designated as CONFIDENTIAL - OUTSIDE COUNSEL ONLY, including all copies, extracts
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`and summaries thereof, to the party from whom the designated material was obtained, except (a)
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`any documents or copies which contain, constitute or reflect attorney work product or attorney-
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`client privilege communications, and (b) archive copies of pleadings, motion papers, deposition
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`13
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`

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`Case 1:16-cv-10142-DJC Document 22 Filed 03/01/16 Page 14 of 15
`Case 1:16—cv—10142—DJC Document 22 Filed 03/01/16 Page 14 of 15
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`transcripts, correspondence, expert reports and written discovery responses, which may be
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`retained by counsel subject to a continuing obligation to protect all such material pursuant to this
`
`Order. The foregoing notwithstanding, one counsel of record for each party may retain one copy
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`of all CONFIDENTIAL - OUTSIDE COUNSEL ONLY materials solely for reference in the
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`event of a dispute over the use or dissemination of information subject to the terms herein
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`established.
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`21.
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`Time of Effectiveness
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`The parties agree to treat this Order as entered by the Court as of the date it becomes fully
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`executed by the parties. In the event that the fully executed Order should be rejected by the
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`Court, or that the Court should require any changes in the executed Order, the parties agree to
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`treat documents or material containing Confidential information produced in the interim as
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`CONFIDENTIAL - OUTSIDE COUNSEL ONLY materials according to the dictates of this
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`Order as originally executed.
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`22. Waiver or Termination of Order
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`No part of the restrictions imposed by this Order may be waived or terminated, except by
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`written stipulation executed by counsel of record for each designating party, or by an Order of
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`the Court. The restrictions provided for herein shall not terminate upon the conclusion of this
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`Action, but shall continue until further Order of this Court.
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`23. Modification of Order; Prior Agreements
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`This Order may be modified, and any matter related to it may be resolved, by written
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`stipulation of the parties without further Order of the Court. This Order supersedes any
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`agreements between the parties regarding the confidentiality of particular information entered
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`into before the date of this Order.
`
`14
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`

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`Case 1:16-cv-10142-DJC Document 22 Filed 03/01/16 Page 15 of 15
`Case 1:16—cv—10142—DJC Document 22 Filed 03/01/16 Page 15 of 15
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`24.
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`Agreement to Negotiate Additional Provisions Regarding Source Code
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`The parties recognize that the confidentiality and limitations of access to computer source
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`code is particularly sensitive. At present, the parties have not determined whether disclosure of
`
`computer source code will be necessary in this case. In the event that one or more parties
`
`determines, sufficiently in advance of the Court’s fact discovery cut-off in this case, that
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`disclosure of computer source code is necessary in this case, the parties agree to work together to
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`determine a process that is acceptable to both parties and that adequately protects the computer
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`source code to be produced.
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`It is so ORDERED, dated this
`
`day of
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`, 2016.
`
`BY THE COURT:
`
` DENISE J. CASP R
`
`United States Judge
`
`The parties, through counsel, stipulate to the entry of the foregoing Order:
`
`Date: February 26, 2016
`
`Respectfully submitted,
`
`/s/ Michael A. Albert
`
`Michael A. Albert, BBO # 558566
`malbertéllwolfgreenfie|d.com
`Gerald B. Hrycyszyn, BBO # 675201
`ghflcyszynkflwolfgreenfieldcom
`Justin C. Colannino, BBO # 679473
`jcolannino@wolfgreenfie|d.com
`WOLF, GREENFIELD & SACKS, P.C.
`600 Atlantic Ave.
`
`Boston, MA 02210
`Tel: (617) 646-8000
`Fax: (617) 646-8646
`
`Counselfor Keurig Green Mountain, Inc.
`
`
`/s/ Brendan M. Shortell
`
`Gary E. Lambert (BBO# 548303)
`Brendan M. Shortell (BBO# 675851)
`Lambert & Associates
`
`92 State Street, Suite 200
`Boston, MA 02109
`Telephone: 617.720.0091
`Facsimile: 617.7206307
`
`lambert@,lambertpatentlaw.com
`shortel l@,lambertpatent.law.com
`
`Counselfor Touch Coffee & Beverages, LLC
`
`15