IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF NORTH CAROLINA
`CHARLOTTE DIVISION
`CIVIL ACTION NO.: 3:14-CV-00274-RJC-DSC
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` STIPULATED PROTECTIVE ORDER
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`LIFESCAN, INC. and
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`LIFESCAN SCOTLAND, LTD.,
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`Plaintiffs and
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`Counterclaim-Defendants,
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`– v –
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`UNISTRIP TECHNOLOGIES, LLC,
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`Defendant and
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`Counterclaimant.
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`It is hereby ORDERED by the Court that the following restrictions and procedures—to
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`which the parties have stipulated—shall apply to certain information, documents, and excerpts
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`from documents supplied by the parties to each other in response to discovery requests:
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`1.
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`Counsel for any party may designate documents and deposition transcripts, in
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`whole or in part, as confidential if counsel determines, in good faith, that such designation is
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`necessary to protect the interests of the client. Documents designated by a party as confidential
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`or highly confidential must be labeled “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –
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`ATTORNEY’S EYES ONLY,” as appropriate. Deposition testimony designated by a party as
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`confidential or highly confidential must be identified as “CONFIDENTIAL” or “HIGHLY
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`CONFIDENTIAL – ATTORNEY’S EYES ONLY,” as appropriate, on the record before the
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`close of the deposition. “CONFIDENTIAL” and “HIGHLY CONFIDENTIAL – ATTORNEY’S
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`EYES ONLY” information are referred to generally in this Order as “Confidential Information.”
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`9034482v.4
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`The party who makes the designation is the “Designating Party”; any party who receives the
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`Confidential Information is a “Receiving Party.”
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`2.
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`Unless otherwise ordered by the Court, or otherwise provided for herein, a
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`Receiving Party may use Confidential Information solely in connection with the above-captioned
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`action.
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`3.
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`In the event a Receiving Party challenges another party’s confidentiality
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`designation, counsel shall make a good-faith effort to resolve the dispute, and in the absence of a
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`resolution, the Receiving Party may thereafter seek resolution by the Court.
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`4.
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`Materials designated as “CONFIDENTIAL” shall not be disclosed by a Receiving
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`Party to any person, except:
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`a. The Receiving Party’s counsel of record in this litigation;
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`b. Employees of such counsel assigned to and necessary to assist in the
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`litigation;
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`c. Consultants or experts to whom disclosure is reasonable necessary for this
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`litigation and for whom the procedures described in Section 5, below, have
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`been followed;
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`d. The officers, directors, and in-house counsel of the Receiving Party to whom
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`disclosure is reasonable necessary for this litigation and for whom the
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`procedures described in Section 5, below, have been followed;
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`e. Any person who was aware of the Confidential Information in the normal
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`course of business, including the author, recipient, or custodian of the
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`information; and
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`f. The Court or the jury.
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`5.
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`Before disclosing or displaying the “CONFIDENTIAL” materials to any person
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`falling under category 4(c) or 4(d), above, the Receiving Party must: (a) Inform the person of the
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`confidential nature of the information or documents; (b) Inform the person that this Court has
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`enjoined the use of the information or documents for any purpose other than this litigation and
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`has enjoined the disclosure of that information or documents to any other person; and (c) Have
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`the person sign Exhibit A, a copy of which must be given to the Designating Party.
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`6.
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`Materials designated as “HIGHLY CONFIDENTIAL – ATTORNEY’S EYES
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`ONLY” shall not be disclosed by a Receiving Party to any person, except:
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`a. The Receiving Party’s counsel of record in this litigation;
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`b. Employees of such counsel assigned to and necessary to assist in the
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`litigation;
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`c. Consultants or experts to whom disclosure is reasonable necessary for this
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`litigation and for whom the procedures described in Section 7, below, have
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`been followed;
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`d. In-house counsel of the Receiving Party to whom disclosure is reasonable
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`necessary for this litigation and for whom the procedures described in
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`Section 7, below, have been followed;
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`e. Any person who was aware of the Confidential Information in the normal
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`course of business, including the author, recipient, or custodian of the
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`information; and
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`f. The Court or the jury, at trial or as exhibits to motions.
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`7.
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`Before disclosing or displaying the “HIGHLY CONFIDENTIAL –
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`ATTORNEY’S EYES ONLY” material to any person falling under category 6(c) or 6(d), above,
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`the Receiving Party must make a written request to the Designating Party for permission to share
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`“HIGHLY CONFIDENTIAL – ATTORNEY’S EYES ONLY” material with the person. The
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`request must identify the person.
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`For experts and consultants, the request must include a copy of the person’s current
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`resume and a list of all persons or entities from whom the person has received compensation or
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`funding in the past year for work in the person’s area of expertise. If the Expert believes that any
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`of this information is subject to a confidentiality obligation to a third-party, then the Expert
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`should provide whatever information the Expert believes can be disclosed without violating any
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`confidentiality agreements, and the Party seeking to disclose to the Expert shall be available to
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`meet and confer with the Designating Party regarding any such engagement.
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`For in-house counsel, the request must describe the person’s current and reasonably
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`foreseeable job duties in sufficient detail to show whether the person is involved in competitive
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`decision-making.
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`Within three days, the Designating Party must give permission to share “HIGHLY
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`CONFIDENTIAL – ATTORNEY’S EYES ONLY” material with the person or must state that it
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`objects to the sharing. In the event the Designating Party objects, counsel shall make a good-faith
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`effort to resolve the dispute, and in the absence of a resolution, the Receiving Party may
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`thereafter seek resolution by the Court. In the event the Designating Party does not object, the
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`Receiving Party may share documents with the person after: (a) Informing the person of the
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`confidential nature of the information or documents; (b) Informing the person that this Court has
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`enjoined the use of the information or documents for any purpose other than this litigation and
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`has enjoined the disclosure of that information or documents to any other person; and (c) Having
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`the person sign Exhibit A, a copy of which must be given to the Designating Party.
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`8.
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`The parties understand that any documents which are filed with the Court or used
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`in an official judicial proceeding will be sealed by the Court only upon motion and in accordance
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`with applicable law. This Protective Order does not provide for the automatic sealing of such
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`documents.
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`9.
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`Nothing in this Protective Order prevents any party from applying to the Court for
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`an additional or modified protective order; from objecting to the production of documents or
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`information; or from applying to the Court for an order compelling production of documents or
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`information. Nothing in this Protective Order constitutes an admission by any party that
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`Confidential Information disclosed in this case is relevant or admissible. Each party specifically
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`reserves the right to object to the use or admissibility of all Confidential Information disclosed,
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`in accordance with applicable law.
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`SO ORDERED.
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`Signed: September 2, 2016
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`9034482v.4
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`Attorneys for LifeScan, Inc., and
`LifeScan Scotland, Ltd.
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`PATTERSON BELKNAP WEBB & TYLER LLP
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`s/ Greg L. Diskant
`Greg L. Diskant
`(admitted pro hac vice)
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`Eugene M. Gelernter
`(admitted pro hac vice)
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`Anthony C. DeCinque
`(admitted pro hac vice)
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`1133 Avenue of the Americas
`New York, NY 10036
`Ph: 212-336-2000
`Fx: 212-336-2222
`gldiskant@pbwt.com
`emgelernter@pbwt.com
`adecinque@pbwt.com
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`NELSON MULLINS RILEY & SCARBOROUGH
`LLP
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`David N. Allen
`NC Bar No. 9095
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`Benjamin S. Chesson
`NC Bar No. 41923
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`Bank of America Corporate Center, 42nd
`Floor
`100 North Tryon Street
`Charlotte, NC 28202
`Ph: 704-417-3000
`Fx: 704-377-4814
`david.allen@nelsonmullins.com
`ben.chesson@nelsonmullins.com
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`Attorneys for UniStrip Technologies LLC
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`CLEMENTS BERNARD PLLC
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`/s/ Christopher L. Bernard
`Christopher L. Bernard
`NC Bar No. 27713
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`Lawrence A. Baratta, Jr.
`NC Bar No. 37589
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`Seth L. Hudson
`NC Bar No. 32259
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`1901 Roxborough Road, Suite 250
`Charlotte, NC 28211
`Phone: 704-790-3600
`Fx: 704-366-9744
`cbernard@worldpatents.com
`lbaratta@worldpatents.com
`shudson@worldpatents.com
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`9034482v.4
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`HOFFMANN MARSHALL STRONG LLP
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`Charles D. Hoffmann
`(admitted pro hac vice)
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`Sean R. Marshall
`(admitted pro hac vice)
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`116 W. 23rd Street, Suite 500
`New York, NY 10011
`Ph: 646-741-4501
`Fx: 646-741-4501
`charlie@hmscounsel.com
`sean@hmscounsel.com
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`EXHIBIT A
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`I have been informed by counsel that certain documents or information to be disclosed to
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`me in connection with the matter titled LifeScan, Inc. v. UniStrip Tech., LLC, No. 3:14-CV-
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`00274 (W.D.N.C.), have been designated as confidential. I have been informed that any such
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`document or information labeled as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL” is
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`confidential by Order of the Court.
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`Under penalty of contempt of Court, I hereby agree that I will not disclose any
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`information contained in such documents to any other person, and I further agree not to use any
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`such information for any purpose other than this litigation.
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`I hereby submit to the Court’s jurisdiction for the resolution of any issues arising out of
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`my signing this document.
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`DATED: ____________________
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`____________________________
`(signature)
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`____________________________
`(print name)
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`9034482v.4
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