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Genesis Attachments, LLC v. Detroit Edge Tool Co.

United States District Court, E.D. Michigan

September 25, 2019

GENESIS ATTACHMENTS, LLC, Plaintiff,
v.
DETROIT EDGE TOOL COMPANY, Defendant.

          PROTECTIVE ORDER

          MATTHEW F. LEITMAN UNITED STATES DISTRICT JUDGE.

         In the above-entitled action, Plaintiff Genesis Attachments, LLC (“Plaintiff”) and Defendant Detroit Edge Tool Company (“Defendant”) may seek discovery of documents, information or other material that may contain trade secrets or other confidential research, development, or commercial information of another Party or of third parties. The Parties reasonably believe that the public disclosure of trade secrets or other confidential research, development or commercial information would cause unnecessary financial and/or other competitive injury to the disclosing party. Therefore, upon stipulation of the Parties and pursuant to Federal Rule of Civil Procedure 26(c)(1), the following terms and conditions of this Protective Order shall govern the disclosure, production, and use of information, documents and tangible things in connection with the above-entitled action.

         1. As used in this Protective Order, these terms have the following meanings:

a. “Attorneys” means outside counsel of record in the above-entitled action.
b. “Document” or “document” has the meaning prescribed in Fed.R.Civ.P. 26 and 34.
c. “Producing Party” means any Party or non-party producing documents, information, or tangible items in the above-entitled action.
d. “Receiving Party” means any Party or non-party that has been or becomes lawfully in the possession of documents, information, or tangible items produced by a Producing Party.
e. “CONFIDENTIAL” means documents or information not publicly known concerning, reflecting, revealing, or relating to processes, operations, production, shipments, or other confidential or proprietary commercial, marketing, advertising, financial, business operations, processes, or personnel information within the scope of Fed.R.Civ.P. 26(c)(1)(G). “CONFIDENTIAL” information is information which the Producing Party would not normally reveal to third parties, or if disclosed, would require such third parties to maintain the information in confidence.
f. “ATTORNEYS’ EYES ONLY” means documents or information which would be of value to a competitor of the Producing Party and/or the disclosure of which would cause competitive harm or injury to the Producing Party if disclosed. “ATTORNEYS’ EYES ONLY” information includes but is not limited to engineering, design, manufacturing, fabrication and assembly drawings of a Party’s existing or future products and components and all research, development and other technical information related thereto, all non-published patent applications, current or future financial or technical trade secrets and plans and related information that may include financial data and projections including profits, sales volumes and costs; non-public pricing information; past, present or future competitive analyses; business strategy; marketing strategy; non-public agreements or relationships with third parties, including but not limited to customers, distributors and suppliers including their identities; technical practices, methods, or other know-how; and research for and production of current or future products that are not covered by the claims of U.S. Reissue Patent No. RE45, 341 and inventions in progress.
g. “TRIAL COUNSEL’S EYES ONLY” means documents or information which would be of value to a competitor of the Producing Party and the disclosure of which to any attorneys who participate in the prosecution in front of the United States Patent and Trademark Office of any claim in any patent application pertaining to the subject matter of the material marked “TRIAL COUNSEL’S EYES ONLY” would cause competitive harm or injury to the Producing Party if disclosed. “TRIAL COUNSEL’S EYES ONLY” information includes but is not limited to engineering, design, manufacturing, fabrication and assembly drawings of a Party’s future products and components and all research, development and other technical information related thereto, all non-published patent applications, current or future technical trade secrets and plans and related information; technical practices, methods, or other technical know-how; and research for and production of future products that are not covered by the claims of U.S. Reissue Patent No. RE45, 341 and inventions in progress.
h. “Protected Information” means collectively all information or documents designated “CONFIDENTIAL, ” “ATTORNEYS’ EYES ONLY” or “TRIAL COUNSEL’S EYES ONLY” under this Protective Order.

         2. All Protected Information shall be used solely for the purpose of this action, and no person receiving such documents or information shall, directly or indirectly, use, transfer, disclose, or communicate in any way the documents or their contents or other information to any person other than those specified in paragraphs 3, 4, or 5, respectively. Any other use is prohibited.

         3. Access to any CONFIDENTIAL document or information shall be limited to:

a. the Court, its staff, and the Court’s appointed Special Master and his staff;
b. Attorneys, employees and staff of their law firms working under the supervision of such Attorneys, e-discovery vendors, and vendors providing messenger, photocopying, or other clerical services with which Attorneys contract in connection with the above-captioned matter;
c. persons shown on the face of the document to have authored or received it;
d. court reporters and videographers retained to transcribe and/or record testimony;
e. a Party’s officers or employees directly involved in this case whose access to the information or documents is reasonably required to supervise, manage or participate in the case;
f. outside independent persons (i.e., persons not currently or formerly employed by, or not consulting as a business consultant with, any Party) who are retained by a Party or its Attorneys to provide assistance as mock jurors or focus group members or the like, or to furnish technical or expert services regarding this matter, and/or to give testimony in this action (“Outside Independent Persons”);
g. other persons only upon order of the Court or any other person as to whom the Producing Party agrees in writing prior to such disclosure.

         4. Access to any ATTORNEYS’ EYES ONLY document or information shall be limited to the persons and entities identified ...


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