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Resorba Medical GmbH v. Organogenesis Inc.
United States District Court, D. Massachusetts
June 12, 2017
RESORBA MEDICAL GmbH, Plaintiff,
ORGANOGENESIS, INC., Defendant.
STIPULATED PROTECTIVE ORDER
A. O'Toole, Jr. U.S. District Judge
Court enters the following Protective Order pursuant to
Federal Rule of Civil Procedure 26(c)(1).
Findings: The Court finds that the parties to this case may
request or produce information involving trade secrets or
confidential research and development or commercial
information, the disclosure of which is likely to cause harm
to the party producing such information.
a. "Party" means a named party in this case.
"Person" means an individual or an entity.
"Producer" means a person who produces information
via the discovery process in this case. "Recipient"
means a person who receives information via the discovery
process in this case.
b. "Confidential" information is information
concerning a person's business operations, processes, and
technical and development information within the scope of
Rule 26(c)(1)(G), the disclosure of which is likely to harm
that person's competitive position, or the disclosure of
which would contravene an obligation of confidentiality.
c. "Highly Confidential" information is information
within the scope of Rule 26(c)(1)(G) that is current or
future business or technical trade secrets and plans more
sensitive or strategic than Confidential information, the
disclosure of which is likely to significantly harm that
person's competitive position, or the disclosure of which
would contravene an obligation of confidentiality.
d. Information is not Confidential or Highly Confidential if
it is disclosed in a printed publication, is known to the
public, was known to the recipient without obligation of
confidentiality before the producer disclosed it, or is or
becomes known to the recipient by means not constituting a
breach of this Order. Information is likewise not
Confidential or Highly Confidential if a person lawfully
obtained it independently of this litigation.
Designation of information as Confidential or Highly
a. A person's designation of information as Confidential
or Highly Confidential means that the person believes in good
faith, upon reasonable inquiry, that the information
qualifies as such.
b. A person designates information in a document or thing as
Confidential or Highly Confidential by clearly and
prominently marking it on its face as
"CONFIDENTIAL" or "HIGHLY CONFIDENTIAL."
A producer may make documents or things containing
Confidential or Highly Confidential information available for
inspection and copying without marking them as confidential
without forfeiting a claim of confidentiality, so long as the
producer causes copies of the documents or things to be
marked or otherwise designated as Confidential or Highly
Confidential before providing them to the recipient.
c. A person designates information in deposition testimony as
Confidential or Highly Confidential by stating on the record
at the deposition that the information is Confidential or
Highly Confidential or by advising the opposing party and the
stenographer and videographer in writing, within fourteen
(14) days after receipt of the deposition transcript, that
the information is Confidential or Highly Confidential.
d. A person's failure to designate a document, thing, or
testimony as Confidential or Highly Confidential does not
constitute forfeiture of a claim of confidentiality as to any
other document, thing, or testimony.
e. In the event a person formerly employed by a party
produces documents in this case, the party that formerly
employed such person shall be authorized to designate such
documents as Confidential or Highly Confidential as the party
sees fit, regardless of whether such former employee
designated such ...
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