Case 2:23-cv-01161-MEF-LDW Document 36 Filed 01/19/24 Page 1 of 11 PageID:
`1394
`
`UNITED STATES DISTRICT COURT
`DISTRICT OF NEW JERSEY
`
`JAWBONE INNOVATIONS, LLC,
`
`Civil Action No. 23-cv-1161-MEF-LDW
`
`Plaintiff,
`
`vs.
`
`SONY ELECTRONICS INC.,
`
`Defendant.
`
` CONFIDENTIALITY ORDER
`
`It appearing that discovery in the above-captioned action is likely to involve the disclosure
`of confidential information, it is ORDERED as follows:
`
`Any party to this litigation and any non-party providing information in this action
`1.
`(hereinafter “non-party”) shall have the right to designate as “Confidential” and subject to this
`Order any information, document, or thing, or portion of any document or thing: (a) that contains
`trade secrets, competitively sensitive technical, marketing, financial, sales or other confidential
`business information, or (b) that contains private or confidential personal information, or (c) that
`contains information received in confidence from third parties, or (d) which the producing party
`otherwise believes in good faith to be entitled to protection under Rule 26(c)(1)(G) of the Federal
`Rules of Civil Procedure and Local Civil Rule 5.3. Any party to this litigation or non-party covered
`by this Order, who produces or discloses any Confidential material, including without limitation
`any information, document, thing, interrogatory answer, admission, pleading, or testimony, shall
`mark the same with the foregoing or similar legend: “CONFIDENTIAL” or “CONFIDENTIAL –
`SUBJECT TO CONFIDENTIALITY ORDER” (hereinafter “Confidential”).
`
`Any party to this litigation and any non-party shall have the right to designate as
`2.
`“Attorneys’ Eyes Only” and subject to this Order any information, document, or thing, or portion
`of any document or thing that contains highly sensitive business or personal information, the
`disclosure of which is highly likely to cause significant harm to an individual or to the business or
`competitive position of the designating party. Any party to this litigation or any non-party who is
`covered by this Order, who produces or discloses any Attorneys’ Eyes Only material, including
`without limitation any information, document, thing, interrogatory answer, admission, pleading,
`or testimony, shall mark the same with the foregoing or similar legend: “ATTORNEYS’ EYES
`ONLY” or “ATTORNEYS’ EYES ONLY – SUBJECT TO CONFIDENTIALITY ORDER”
`(hereinafter “Attorneys’ Eyes Only”). Any party to this litigation and any non-party shall have the
`right to designate and mark as “Attorneys’ Eyes Only – Software” and subject to this Order any
`set of instructions, programs or data used to operate computing devices or execute tasks on any
`electronic device (including ASICs), including firmware, source code, any other software code,
`
`1
`
`

`

`Case 2:23-cv-01161-MEF-LDW Document 36 Filed 01/19/24 Page 2 of 11 PageID:
`1395
`
`any live data (that is, data as it exists residing in a database), any algorithms, and program
`comments about the foregoing (“Software Material”).
`
`All Confidential, Attorneys’ Eyes Only and Attorneys’ Eyes Only – Software
`3.
`material shall be used by the receiving party solely for purposes of the prosecution or defense of
`this action, shall not be used by the receiving party for any business, commercial, competitive,
`personal or other purpose, and shall not be disclosed by the receiving party to anyone other than
`those set forth in Paragraph 4 with respect to Confidential material, set forth in Paragraph 6 with
`respect to Attorneys’ Eyes Only material, or as set forth in Paragraph 8 with respect to Attorneys’
`Eyes Only – Software material unless and until the restrictions herein are removed either by
`written agreement of counsel for the parties, or by Order of the Court. It is, however, understood
`that counsel for a party may give advice and opinions to his or her client solely relating to the
`above-captioned action based on his or her evaluation of Confidential, Attorneys’ Eyes Only and
`Attorneys’ Eyes Only – Software material, provided that such advice and opinions shall not
`reveal the content of such Confidential, Attorneys’ Eyes Only, and Attorneys’ Eyes Only -
`Software material except by prior written agreement of counsel for the parties, or by Order of the
`Court.
`
`Confidential material and the contents of Confidential material may be disclosed
`4.
`only to the following individuals under the following conditions:
`
`Outside counsel (herein defined as any attorney at the parties’ outside law
`(a)
`firms, which firms have appeared in the action) and relevant in-house counsel for the
`parties;
`
`Outside experts or consultants retained by outside counsel for purposes of
`(b)
`this action, provided they have signed a non-disclosure agreement in the form attached
`hereto as Exhibit A or such other form as may be agreed by the parties;
`
`(c)
`the foregoing;
`
`Secretarial, paralegal, clerical, duplicating and data processing personnel of
`
`(d)
`
`The Court and court personnel;
`
`Any deponent may be shown or examined on any information, document or
`(e)
`thing designated Confidential if it appears that the witness authored or received a copy of
`it, was involved in the subject matter described therein or is employed by the party who
`produced the information, document or thing, or if the producing party consents to such
`disclosure;
`
`Vendors retained by or for the parties to assist in preparing for pretrial
`(f)
`discovery, trial and/or hearings including, but not limited to, court reporters, litigation
`support personnel, jury consultants, individuals to prepare demonstrative and audiovisual
`aids for use in the courtroom or in depositions or mock jury sessions, as well as their staff,
`stenographic, and clerical employees whose duties and responsibilities require access to
`such materials; and
`
`2
`
`

`

`Case 2:23-cv-01161-MEF-LDW Document 36 Filed 01/19/24 Page 3 of 11 PageID:
`1396
`
`The parties. In the case of parties that are corporations or other entities,
`(g)
`“party” shall mean executives who are required to participate in decisions with reference
`to this lawsuit or persons necessary for the prosecution or defense of this lawsuit.
`
`Confidential material shall be used only by individuals permitted access to it under
`5.
`Paragraph 4. Confidential material, copies thereof, and the information contained therein, shall not
`be disclosed in any manner to any other individual, until and unless (a) outside counsel for the
`party asserting confidentiality waives the claim of confidentiality, or (b) the Court orders such
`disclosure.
`
`Attorneys’ Eyes Only material and the contents of Attorneys’ Eyes Only material
`6.
`may be disclosed only to the following individuals under the following conditions:
`
`Outside counsel (herein defined as any attorney at the parties’ outside law
`(a)
`firms, which firms have appeared in the action);
`
`Outside experts or consultants retained by outside counsel for purposes of
`(b)
`this action, provided they have signed a non-disclosure agreement in the form attached
`hereto as Exhibit A or such other form as may be agreed by the parties;
`
`(c)
`the foregoing;
`
`Secretarial, paralegal, clerical, duplicating and data processing personnel of
`
`(d)
`
`The Court and court personnel;
`
`Any deponent may be shown or examined on any information, document or
`(e)
`thing designated Attorneys’ Eyes Only if it appears that the witness authored or received a
`copy of it, or was employed by the party who produced the information, document or thing,
`or if the producing party consents to such disclosure;
`
`Vendors retained by or for the parties to assist in preparing for pretrial
`(f)
`discovery, trial and/or hearings including, but not limited to, court reporters, litigation
`support personnel, jury consultants, individuals to prepare demonstrative and audiovisual
`aids for use in the courtroom or in depositions or mock jury sessions, as well as their staff,
`stenographic, and clerical employees whose duties and responsibilities require access to
`such materials; and
`
`To such other persons as counsel for the producing party agrees or as
`(g)
`ordered by the Court.
`
`Attorneys’ Eyes Only material shall be used only by individuals permitted access
`7.
`to it under Paragraph 6. Attorneys’ Eyes Only material, copies thereof, and the information
`contained therein, shall not be disclosed in any manner to any other individual, until and unless (a)
`outside counsel for the party asserting confidentiality waives the claim of confidentiality, or (b)
`the Court orders such disclosure.
`
`3
`
`

`

`Case 2:23-cv-01161-MEF-LDW Document 36 Filed 01/19/24 Page 4 of 11 PageID:
`1397
`
`Attorneys’ Eyes Only – Software material may be disclosed only to the
`8.
`individuals and under the conditions set forth in Paragraphs 6 - 8, and the following additional
`restrictions apply:
`
`(a) Access to a party’s Software Material shall be provided only on “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 stand-alone printer, or (ii) a stand-alone device capable of temporarily storing
`electronic copies solely for the limited purposes permitted pursuant to below. The
`stand-alone computer shall have at least dual monitors (if a stand-alone monitor is
`brought by the receiving party as discussed below), a keyboard, and a mouse. The dual
`monitors may be brought by the receiving party and may be subject to inspection by the
`producing party to ensure the monitors are not linked to any network. Additionally,
`except as provided in paragraph 8(j) below, the stand-alone computer may only be
`located at the offices of the producing party’s outside counsel;
`
`(b) The receiving party’s outside counsel and/or experts shall be entitled to take notes
`relating to the source code but may not copy the source code into the notes with the
`exception of directory paths, file paths, names and line numbers, as necessary to
`identify the requested portions for printing to the producing party. The outside expert
`consultant may be permitted to bring a notetaking computer. Any such notes may be
`taken by hand or on a notetaking computer that is not linked to any network. To the
`extent that a notetaking computer is used and authority is provided by the producing
`party to transport it, access to the content of such notetaking computer must be
`encrypted and password protected with an approved encryption program. BitLocker and
`FileVault are recommended and may be used for such encryption and password
`1 For the avoidance of doubt, notes taken by outside counsel, outside
`protection.0F
`consultants, or experts of a receiving Party are protected work product and remain work
`product of the receiving party even if saved on the notetaking computer, unless shared
`with the producing party for purposes of requesting portions for printing. The producing
`party is not otherwise permitted to review the notes of outside counsel or outside
`consultants of a receiving Party. Notwithstanding the foregoing, any such notes shall be
`stamped and treated as “Attorneys’ Eyes Only – Software;”
`
`(c) The receiving party shall make reasonable efforts to restrict its requests for such access
`to the stand-alone computer or other stand-alone device to normal business hours,
`which for purposes of this paragraph shall be 9:00 a.m. through 5:00 p.m. The receiving
`party shall notify the producing party of the arrival time and name(s) of the outside
`counsel and/or expert consultant at least three (3) days before access to the stand-alone
`computer;
`
`1 The parties agree that the identified encryption software/programs are for reference only, and will
`meet and confer if needed.
`
`4
`
`

`

`Case 2:23-cv-01161-MEF-LDW Document 36 Filed 01/19/24 Page 5 of 11 PageID:
`1398
`
`(d) 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
`Software Material on the stand-alone computer;
`
`(e) The producing party will produce Software Material in its native format on the stand-
`alone computer as described above;
`
`(f) Access to Software Material designated Attorneys’ Eyes Only – Software shall be
`2 (i.e., not
`limited to outside counsel and up to three (3) outside consultants or experts1F
`existing employees or an affiliate of a party) retained for the purpose of this litigation
`and approved to access such materials, the Court (its technical advisor, if one is
`appointed), the jury, court personnel, and court reporters or videographers recording
`testimony or other proceedings in this action. A receiving party may include excerpts of
`Software Material in a pleading, exhibit, expert report, discovery document, deposition
`transcript, other Court document, provided that the Software Material is 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;
`
`(g) No electronic copies of Software Material shall be made without prior written consent
`of the producing party, except that the receiving party may make electronic copies of
`Software Material to create documents that, pursuant to the Court’s rules, procedures,
`and orders, must be filed or served electronically;
`
`(h) The receiving party shall be permitted to request a reasonable number of pages of
`Software Material to be printed out by the producing party throughout the duration of
`this action. A total of 250 pages for the duration of this case is a reasonable number of
`pages. The parties shall meet and confer in an effort to reach an agreement if a request
`for 250 total pages is exceeded. The producing party shall Bates number, copy and
`label as “Attorneys’ Eyes Only – Software” any pages to be produced to the receiving
`party. Within seven (7) days of request, the producing party shall either: (i) provide
`three (3) copy sets of such pages to the receiving party; or (ii) inform the requesting
`party that it objects that the printed portions are excessive and/or not done for a
`permitted purpose. If, after meeting and conferring, the producing party and the
`receiving party cannot resolve the objection, within five (5) business days, the receiving
`party may seek a Court resolution of whether the printed source code in question is
`reasonable and was printed for a permitted purpose. If either party seeks the Court’s
`assistance to resolve a dispute about a reasonable number of pages to be printed, neither
`party will assert that the agreed-upon 250 pages in this section should be considered by
`the Court as a factor to consider in providing its determination;
`
`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.
`
`5
`
`

`

`Case 2:23-cv-01161-MEF-LDW Document 36 Filed 01/19/24 Page 6 of 11 PageID:
`1399
`
`(i) Printouts or photocopies of Software Material transferred back to electronic media
`for reasons not listed in paragraph 8(f), require the producing party’s approval, and
`such media shall be labeled “Attorneys’ Eyes Only – Software” and shall continue to
`be treated as such. To the extent that a receiving party receives authority from the
`producing party to transfer the printouts back to electronic media and wishes to later
`transport such electronic media, access to the electronic media must be password
`protected and the content must be encrypted with an approved encryption program as
`recommended in paragraph 8(b);
`
`(j) If the receiving party’s outside counsel, consultants, or experts obtain printouts or
`photocopies of Software 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 relating to the Software Material, for the dates associated with the
`proceeding; (ii) the sites where any deposition relating to the Software Material are
`taken, for the dates associated with the deposition; and (iii) any intermediate location
`reasonably necessary to transport the printouts or photocopies (e.g., a hotel prior to a
`Court proceeding or deposition)) provided that the printouts or photocopies are kept in a
`secure manner that ensures access is limited to the persons authorized under this Order;
`and
`
`(k) A producing party’s Software Material may only be transported on paper or removable
`electronic media (e.g., a DVD, CD-ROM, or flash memory “stick”) or a stand-alone
`computer via hand carry, Federal Express or other similarly reliable courier. Software
`Material may not be transported or transmitted electronically over a network of any
`kind, including a LAN, an intranet, or the Internet, except as necessary for the
`electronic filing of documents including Software Material. Software Material may
`only be transported electronically for the purpose of a Court proceeding or deposition
`and is at all times subject to the transport restrictions set forth herein. For the purpose of
`a Court proceeding or deposition, the producing party shall provide a stand-alone
`computer for use or shall agree to permit the receiving party to use its own stand-alone
`computer upon request;
`
`(l)
`
`At least seven (7) business days in advance of the date upon which the receiving party
`wishes to use the source code computers, the receiving party shall identify the licensed
`software tools it wishes to have installed and available for use on the source code
`computers, and provide, on a CDROM or other medium, a properly licensed copy of the
`software it requests to be installed. Any costs associated with acquiring licenses to
`requested software tools shall be borne by the receiving party. In the event that there
`are issues concerning the installation or use of such tool, the parties, and their technical
`staff, shall meet and confer promptly to resolve such issues. The parties agree that the
`following software tools are pre-approved for the purposes of this Action; however, no
`party provides any warranty or representation about the functionality or compatibility of
`
`6
`
`

`

`Case 2:23-cv-01161-MEF-LDW Document 36 Filed 01/19/24 Page 7 of 11 PageID:
`1400
`
`3 To the extent other tools
`any of the following tools with the source code computers.2F
`are requested, the producing party should not unreasonably withhold installation of such
`tools. If after meeting and conferring, the Parties cannot resolve an objection to a
`source code tool, the receiving party shall seek Court intervention within five (5) days:
`
`• SlickEdit (http://www.slickedit.com)
`• Understand (http://www.scitools.com)
`• Beyond Compare (http://www.scootersoftware.com)
`• Acrobat Acrobat Pro
`• Eclipse (https://www.eclipse.org/downloads/packages/release/2019-03/r/eclipse-
`ide-cc-developers)
`• Cygwin (http://www.cygwin.com)
`• Notepad++ (https://notepad-plus-plus.org/download/v7.4.2.html)
`• SlickEdit Pro (https://www.slickedit.com/)
`• PowerGrep (http://www.powergrep.com)
`• CLOC (https://sourceforge.net/projects/cloc/files/cloc/v1.64)
`• Microsoft Office (https://products.office.com/en-us/compare-all-microsoft-
`office-products)
`• Microsoft Visual Studio Code (https://github.com/microsoft/vscode)Vim
`(https://github.com/vim/vim
`• SublimeText (https://www.sublimetext.com/)
`• Xcode (https://developer.apple.com/xcode/)
`
`Attorneys’ Eyes Only – Software material shall be used only by individuals
`9.
`permitted access to it under Paragraphs 6 and 8. Attorneys’ Eyes Only – Software material, copies
`thereof, and the information contained therein, shall not be disclosed in any manner to any other
`individual, until and unless (a) outside counsel for the party asserting confidentiality waives the
`claim of confidentiality, or (b) the Court orders such disclosure.
`
`10. With respect to any depositions that involve a disclosure of Confidential material,
`Attorneys’ Eyes Only material or Attorneys’ Eyes Only – Software material of a party or non-party,
`such party or non-party shall designate the transcript as containing Confidential material, Attorneys’
`Eyes Only material or Attorneys’ Eyes Only – Software material, during the deposition, or within 5
`days thereafter, and may have until thirty (30) days after receipt of the deposition transcript within
`which specifically to inform all other parties or non-parties of which portions of the transcript are to
`be designated Confidential, Attorneys’ Eyes Only or Attorneys’ Eyes Only – Software, which
`period may be extended by agreement of the parties. No such deposition transcript shall be
`disclosed to any individual other than the individuals described in Paragraph 4(a), (b), (c), (d) and
`(f) for Confidential material, Paragraph 6 for Attorneys’ Eyes Only material or Paragraph 8 for
`
`3 The parties agree that the identified links and/or version numbers are for reference only, and will
`meet and confer if needed.
`
`7
`
`

`

`Case 2:23-cv-01161-MEF-LDW Document 36 Filed 01/19/24 Page 8 of 11 PageID:
`1401
`
`Attorneys’ Eyes Only – Software, and the deponent during these thirty (30) days, and no individual
`attending such a deposition shall disclose the contents of the deposition to any individual other than
`those described in Paragraph 4(a), (b), (c), (d) and (f), or Paragraph 6 for Attorneys’ Eyes Only
`material or Paragraph 8 for Attorneys’ Eyes Only – Software, during said thirty (30) days. Upon
`being informed that certain portions of a deposition are to be designated as Confidential, Attorneys’
`Eyes Only or Attorneys’ Eyes Only – Software, all parties shall immediately cause each copy of the
`transcript in its custody or control to be appropriately marked and limit disclosure of that transcript
`in accordance with Paragraphs 4 - 9.
`
`If counsel for a party receiving documents or information designated as
`11.
`Confidential, Attorneys’ Eyes Only or Attorneys’ Eyes Only – Software hereunder objects to such
`designation of any or all of such items, the following procedure shall apply:
`
`Counsel for the objecting party shall serve on the designating party or non-
`(a)
`party a written objection to such designation, which shall describe with particularity the
`documents or information in question and shall state the grounds for objection. Counsel for
`the designating party or non-party shall respond in writing to such objection within 14 days,
`and shall state with particularity the grounds for asserting that the document or information is
`Confidential, Attorneys’ Eyes Only or Attorneys’ Eyes Only – Software. If no timely
`written response is made to the objection, the challenged designation will be deemed to be
`void. If the designating party or nonparty makes a timely response to such objection
`asserting the propriety of the designation, counsel shall then confer in good faith in an effort
`to resolve the dispute.
`
`If a dispute as to a Confidential, Attorneys’ Eyes Only or Attorneys’ Eyes
`(b)
`Only – Software designation of a document or item of information cannot be resolved by
`agreement, the proponent of the designation being challenged shall present the dispute to
`the Court initially by telephone or letter, in accordance with Local Civil Rule 37.1(a)(1),
`before filing a formal motion for an order regarding the challenged designation. The
`document or information that is the subject of the filing shall be treated as originally
`designated pending resolution of the dispute.
`
`Any document designated “Confidential,” “Attorneys’ Eyes Only” or “Attorneys’
`12.
`Eyes Only – Software” by a party or non-party and which is to be filed with the Court shall be filed
`under seal, in accordance with Local Civil Rule 5.3.
`
`If the need arises during trial or at any hearing before the Court for any party to
`13.
`disclose Confidential, Attorneys’ Eyes Only or Attorneys’ Eyes Only – Software material, it may
`do so only after giving notice to the producing party and as directed by the Court.
`
`Data Breach. If a party learns that material that party received in discovery pursuant to
`14.
`this Confidentiality Order has been the subject of a data breach, that party must promptly notify the
`producing party of the breach, and cooperate with that party to address the breach.
`
`The inadvertent or unintentional disclosure of Confidential, Attorneys’ Eyes Only or
`15.
`Attorneys’ Eyes Only – Software material that should have been designated as such, regardless of
`whether the information, document or thing was so designated at the time of disclosure, shall not be
`
`8
`
`

`

`Case 2:23-cv-01161-MEF-LDW Document 36 Filed 01/19/24 Page 9 of 11 PageID:
`1402
`
`deemed a waiver in whole or in part of a party’s or non-party’s claim that it is Confidential,
`Attorneys’ Eyes Only or Attorneys’ Eyes Only – Software material, either as to the specific
`information, document or thing disclosed or as to any other material or information concerning
`the same or related subject matter. Such inadvertent or unintentional disclosure may be rectified by
`notifying in writing counsel for all parties to whom the material was disclosed that the material
`should have been designated Confidential, Attorneys’ Eyes Only or Attorneys’ Eyes Only –
`Software within a reasonable time from discovery of the error. Such notice shall constitute a
`designation of the information, document or thing as Confidential, Attorneys’ Eyes Only or
`Attorneys’ Eyes Only – Software under this Confidentiality Order.
`
`The production of any information, document, or thing in this litigation shall not
`16.
`constitute a waiver of any attorney-client privilege or work-product protection that may be asserted
`by the producing party either in this case or in any other federal or state proceeding. This Order
`shall be interpreted to provide the maximum protection allowed by Federal Rule of Evidence
`502(d). When the production or disclosure of any information, document, or thing protected by
`attorney-client privilege or work-product protection is discovered by or brought to the attention of
`the producing party, the treatment of such material shall be in accordance with Federal Rule of
`Civil Procedure 26(b)(5)(B). That treatment shall be deemed to comply with any obligations the
`producing party would otherwise have had pursuant to Fed. R. Evid. 502(b) or under the common
`law. However, nothing herein restricts the right of the receiving party to challenge the producing
`party’s claim of attorney-client privilege or work-product protection after receiving notice of the
`production or disclosure of any information, document, or thing that is subject to a claim of
`attorney-client privilege or work-product protection.
`
`If a non-party serves a party in this action with a request, subpoena, or order
`17.
`(“demand”) for disclosure of Confidential, Attorneys’ Eyes Only or Attorneys’ Eyes Only –
`Software material, the party receiving the demand, if not prohibited under applicable law, shall
`promptly deliver a copy of the demand to the designating party’s counsel, and shall notify the party
`who served the request that some or all of the materials sought by the request are subject to this
`Confidentiality Order. The party receiving the demand shall not disclose any Confidential,
`Attorneys’ Eyes Only or Attorneys’ Eyes Only – Software material prior to the date specified for
`disclosure, or prior to resolution of any dispute regarding production of such material in response to
`the request, whichever is later. In its sole discretion and at its own cost, the designating party may
`oppose or seek to limit the demand in any legal manner. The party who received the demand shall
`not oppose or otherwise interfere with the designating party’s actions.
`
`No information that is in the public domain or which is already known by the
`18.
`receiving party through proper means or which is or becomes available to a party from a source
`other than the party asserting confidentiality, rightfully in possession of such information on a non-
`confidential basis, shall be deemed or considered to be Confidential, Attorneys’ Eyes Only or
`Attorneys’ Eyes Only – Software material under this Confidentiality Order.
`
`This Confidentiality Order shall not deprive any party of its right to object to
`19.
`discovery by any other party or on any otherwise permitted ground. This Confidentiality Order is
`being entered without prejudice to the right of any party to move the Court for modification or for
`relief from any of its terms.
`
`9
`
`

`

`Case 2:23-cv-01161-MEF-LDW Document 36 Filed 01/19/24 Page 10 of 11 PageID:
`1403
`
`This Confidentiality Order shall survive the termination of this action and shall
`20.
`remain in full force and effect unless modified by an Order of this Court or by the written
`stipulation of the parties filed with the Court.
`
`Upon final conclusion of this litigation, each party or other individual subject to the
`21.
`terms hereof shall be under an obligation to assemble and to return to the originating source all
`originals and unmarked copies of documents and things containing Confidential, Attorneys’ Eyes
`Only or Attorneys’ Eyes Only – Software material or to destroy all copies of such material that
`contain and/or constitute attorney work product as well as excerpts, summaries and digests revealing
`Confidential, Attorneys’ Eyes Only or Attorneys’ Eyes Only – Software material; provided,
`however, that counsel may retain complete copies of all transcripts and court filings, including any
`exhibits attached thereto, for archival purposes, subject to the provisions of this Confidentiality
`Order. To the extent a party requests the return of Confidential, Attorneys’ Eyes Only or Attorneys’
`Eyes Only – Software material from the Court after the final conclusion of the litigation, including
`the exhaustion of all appeals therefrom and all related proceedings, the party shall file a motion
`seeking such relief.
`
`IT IS SO ORDERED.
`
`Dated:
`
`1/19/2024
`
`Hon. Leda D. Wettre
`
`, U.S.M.J.
`
`10
`
`

`

`Case 2:23-cv-01161-MEF-LDW Document 36 Filed 01/19/24 Page 11 of 11 PageID:
`1404
`
`EXHIBIT A
`
`UNITED STATES DISTRICT COURT
`DISTRICT OF NEW JERSEY
`
`JAWBONE INNOVATIONS, LLC,
`
`Civil Action No. 23-cv-1161-MEF-LDW
`
`Plaintiff,
`
`vs.
`
`SONY ELECTRONICS INC.,
`
`Defendant.
`
`AGREEMENT TO BE BOUND BY
`CONFIDENTIALITY ORDER
`
`I,
`
`, being duly sworn, state that:
`
`1.
`
`My address is
`
`My present employer is
`2.
`of my present employment is
`
`3.
`
`My present occupation or job description is
`
`.
`
` and the address
`.
`
`.
`
`I have carefully read and understood the provisions of the Confidentiality Order in this
`4.
`case signed by the Court, and I will comply with all provisions of the Confidentiality Order.
`
`I will hold in confidence and not disclose to anyone not qualified under the
`5.
`Confidentiality Order any Confidential, Attorneys’ Eyes Only or Attorneys’ Eyes Only – Software
`material or any words, summaries, abstracts, or indices of Confidential, Attorneys’ Eyes Only or
`Attorneys’ Eyes Only – Software material disclosed to me.
`
`I will limit use of Confidential, Attorneys’ Eyes Only or Attorneys’ Eyes Only –
`6.
`Software material disclosed to me solely for purpose of this action.
`
`No later than the final conclusion of the case, I will return all Confidential, Attorneys’
`7.
`Eyes Only or Attorneys’ Eyes Only – Software material and summaries, abstracts, and indices
`thereof which come into my possession, and documents or things which I have prepared relating
`thereto, to counsel for the party for whom I was employed or retained.
`
`I declare under penalty of perjury that the foregoing is true and correct.
`
`Dated:
`
`[Name]
`
`