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Justia Dockets & Filings Ninth Circuit California Northern District Symantec Corporation v. Acronis, Inc. et al Filing 98
Symantec Corporation v. Acronis, Inc. et al
STIPULATION AND ORDER re 90 STIPULATION WITH PROPOSED ORDER re Protective Order filed by Symantec Corporation. Signed by Judge Jon S. Tigar on April 30, 2013. (wsn, COURT STAFF) (Filed on 4/30/2013)
Jennifer A. Kash (Bar No. 203679) 1 jenniferkash@quinnemanuel.com Eric E. Wall (Bar No. 248692) 2 ericwall@quinnemanuel.com QUINN EMANUEL URQUHART & SULLIVAN, LLP 3 50 California Street, 22nd Floor San Francisco, California 94111 4 Telephone: (415) 875-6600 Facsimile: (415) 875-6700 5 Attorneys for Plaintiff-Counterclaim Defendant Symantec Corporation 6 7 8 9 10 11 Jason W. Wolff (SBN 215819/wolff@fr.com) Olga I. May (SBN 232012/omay@fr.com) Aleksandr Gelberg (SBN 279989/gelberg@fr.com) FISH & RICHARDSON P.C. 12390 El Camino Real San Diego, California 92130 Telephone: (858) 678-5070 Facsimile: (858) 678-5099 12 Attorneys for Defendants-Counterclaimants Acronis, Inc., Acronis International GmbH, and OOO 13 Acronis 14 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 15 16 17 SYMANTEC CORPORATION, Plaintiff-Counterclaim Defendant, 18 19 Case No. 3:12-cv-05331 JST vs. 20 ACRONIS, INC., ACRONIS INTERNATIONAL GMBH, AND OOO ACRONIS 21 Defendants-Counterclaimants. 22 AND RELATED COUNTERCLAIMS. 23 STIPULATED PROTECTIVE ORDER FOR LITIGATION INVOLVING PATENTS, HIGHLY SENSITIVE CONFIDENTIAL INFORMATION AND/OR TRADE SECRETS; [PROPOSED] ORDER 24 25 26 27 28 Case No. 3:12-cv-05331 JST STIPULATED PROTECTIVE ORDER FOR LITIGATION INVOLVING PATENTS, HIGHLY SENSITIVE CONFIDENTIAL INFORMATION AND/OR TRADE SECRETS 1 1. PURPOSES AND LIMITATIONS: 2 Disclosure and discovery activity in: 3 a. this action ("Acronis II") 4 b. Symantec Corporation v. Acronis, Inc. and Acronis International GmbH, Case No. 11-cv-5310 (EMC) ("Acronis I"),1 and 5 6 c. Acronis, Inc. and Acronis International GmbH v. Symantec Corporation, Case 7 No. 12-cv-372(SLR), pending in the District of Delaware ("the Delaware 8 Action") 9 are likely to involve production of confidential, proprietary, or private information for which 10 special protection from public disclosure and from use for any purpose other than prosecuting this 11 litigation may be warranted. Accordingly, the parties hereby stipulate to and petition the court to 12 enter the following Stipulated Protective Order. The parties acknowledge that this Order does not 13 confer blanket protections on all disclosures or responses to discovery and that the protection it 14 affords from public disclosure and use extends only to the limited information or items that are 15 entitled to confidential treatment under the applicable legal principles. The parties further 16 acknowledge, as set forth in Section 14.4, below, that this Stipulated Protective Order does not 17 entitle them to file confidential information under seal; Civil Local Rule 79-5 and General Order 18 62 set forth the procedures that must be followed and the standards that will be applied when a 19 party seeks permission from the court to file material under seal. 20 2. DEFINITIONS 21 2.1 Challenging Party: a Party or Non-Party that challenges the designation of 22 information or items under this Order. 23 2.2 "CONFIDENTIAL" Information or Items: information (regardless of how it is 24 generated, stored or maintained) or tangible things that qualify for protection under Federal Rule 25 of Civil Procedure 26(c). 26 27 1 Collectively, Acronis I and Acronis II are hereinafter referred to as the "Northern District of California Actions." 28 -2Case No. 3:12-cv-05331 JST STIPULATED PROTECTIVE ORDER FOR LITIGATION INVOLVING PATENTS, HIGHLY SENSITIVE CONFIDENTIAL INFORMATION AND/OR TRADE SECRETS 1 2.3 Counsel (without qualifier): Outside Counsel of Record and House Counsel (as 2 well as their support staff). 3 2.4 Designating Party: a Party or Non-Party that designates information or items that it 4 produces in disclosures or in responses to discovery as "CONFIDENTIAL", "HIGHLY 5 CONFIDENTIAL – ATTORNEYS' EYES ONLY", or "HIGHLY CONFIDENTIAL – SOURCE 6 CODE". 7 2.5 Disclosure or Discovery Material: all items or information, regardless of the 8 medium or manner in which it is generated, stored, or maintained (including, among other things, 9 testimony, transcripts, and tangible things), that are produced or generated in disclosures or 10 responses to discovery in this matter. 11 2.6 Expert: a person with specialized knowledge or experience in a matter pertinent to 12 the litigation who (1) has been retained by a Party or its counsel to serve as an expert witness or as 13 a consultant in this action, (2) is not a past or current employee of a Party or of a Party's 14 competitor, and (3) at the time of retention, is not anticipated to become an employee of a Party or 15 of a Party's competitor. 16 2.7 "HIGHLY CONFIDENTIAL – ATTORNEYS' EYES ONLY" Information or 17 Items: extremely sensitive "Confidential Information or Items," disclosure of which to another 18 Party or Non-Party would create a substantial risk of serious harm that could not be avoided by 19 less restrictive means. 20 2.8 "HIGHLY CONFIDENTIAL – SOURCE CODE" Information or Items: extremely 21 sensitive "Confidential Information or Items" representing computer code and associated 22 comments and revision histories, formulas, engineering specifications, or schematics that define or 23 otherwise describe in detail the algorithms or structure of software or hardware designs, disclosure 24 of which to another Party or Non-Party would create a substantial risk of serious harm that could 25 not be avoided by less restrictive means. 26 2.9 House Counsel: attorneys who are employees of a party to this action. House 27 Counsel does not include Outside Counsel of Record or any other outside counsel. 28 -3Case No. 3:12-cv-05331 JST STIPULATED PROTECTIVE ORDER FOR LITIGATION INVOLVING PATENTS, HIGHLY SENSITIVE CONFIDENTIAL INFORMATION AND/OR TRADE SECRETS 1 2.10 Non-Party: any natural person, partnership, corporation, association, or other legal 2 entity not named as a Party to this action. 3 2.11 Outside Counsel of Record: attorneys who are not employees of a party to this 4 action but are retained to represent or advise a party to this action and have appeared in this action 5 on behalf of that party or are affiliated with a law firm which has appeared on behalf of that party. 6 2.12 Party: any party to this action, including all of its officers, directors, employees, 7 consultants, retained experts, and Outside Counsel of Record (and their support staffs). 8 2.13 Producing Party: a Party or Non-Party that produces Disclosure or Discovery 9 Material in this action. 10 2.14 Professional Vendors: persons or entities that provide litigation support services 11 (e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and 12 organizing, storing, or retrieving data in any form or medium) and their employees and 13 subcontractors. 14 2.15 Protected Material: any Disclosure or Discovery Material that is designated as 15 "CONFIDENTIAL," "HIGHLY CONFIDENTIAL – ATTORNEYS' EYES ONLY" or as 16 "HIGHLY CONFIDENTIAL – SOURCE CODE." 17 2.16 Receiving Party: a Party that receives Disclosure or Discovery Material from a 18 Producing Party. 19 3. SCOPE 20 The protections conferred by this Stipulation and Order cover not only Protected Material 21 (as defined above), but also (1) any information copied or extracted from Protected Material; (2) 22 all copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony, 23 conversations, or presentations by Parties or their Counsel that might reveal Protected Material. 24 However, the protections conferred by this Stipulation and Order do not cover the following 25 information: (a) any information that is in the public domain at the time of disclosure to a 26 Receiving Party or becomes part of the public domain after its disclosure to a Receiving Party as a 27 result of publication not involving a violation of this Order, including becoming part of the public 28 -4Case No. 3:12-cv-05331 JST STIPULATED PROTECTIVE ORDER FOR LITIGATION INVOLVING PATENTS, HIGHLY SENSITIVE CONFIDENTIAL INFORMATION AND/OR TRADE SECRETS 1 record through trial or otherwise; and (b) any information known to the Receiving Party prior to 2 the disclosure or obtained by the Receiving Party after the disclosure from a source who obtained 3 the information lawfully and under no obligation of confidentiality to the Designating Party. Any 4 use of Protected Material at trial shall be governed by a separate agreement or order. 5 4. DURATION 6 Even after final disposition of this litigation, the confidentiality obligations imposed by this 7 Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order 8 otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims 9 and defenses in this action, with or without prejudice; and (2) final judgment herein after the 10 completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of this action, 11 including the time limits for filing any motions or applications for extension of time pursuant to 12 applicable law. 13 5. DESIGNATING PROTECTED MATERIAL 14 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party 15 or Non-Party that designates information or items for protection under this Order must take care to 16 limit any such designation to specific material that qualifies under the appropriate standards. To 17 the extent it is practical to do so, the Designating Party must designate for protection only those 18 parts of material, documents, items, or oral or written communications that qualify – so that other 19 portions of the material, documents, items, or communications for which protection is not 20 warranted are not swept unjustifiably within the ambit of this Order. 21 Mass, indiscriminate, or routinized designations are prohibited. Designations that are 22 shown to be clearly unjustified or that have been made for an improper purpose (e.g., to 23 unnecessarily encumber or retard the case development process or to impose unnecessary 24 expenses and burdens on other parties) expose the Designating Party to sanctions. 25 If it comes to a Designating Party's attention that information or items that it designated 26 for protection do not qualify for protection at all or do not qualify for the level of protection 27 28 -5Case No. 3:12-cv-05331 JST STIPULATED PROTECTIVE ORDER FOR LITIGATION INVOLVING PATENTS, HIGHLY SENSITIVE CONFIDENTIAL INFORMATION AND/OR TRADE SECRETS 1 initially asserted, that Designating Party must promptly notify all other parties that it is 2 withdrawing the mistaken designation. 3 5.2 Manner and Timing of Designations. Except as otherwise provided in this Order 4 (see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered, 5 Disclosure or Discovery Material that qualifies for protection under this Order must be clearly so 6 designated before the material is disclosed or produced. 7 8 Designation in conformity with this Order requires: (a) for information in documentary form (e.g., paper or electronic documents, 9 but excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing 10 Party affix the legend "CONFIDENTIAL", "HIGHLY CONFIDENTIAL – ATTORNEYS' EYES 11 ONLY", or "HIGHLY CONFIDENTIAL – SOURCE CODE" to each page that contains protected 12 material. If only a portion or portions of the material on a page qualifies for protection, the 13 Producing Party also must clearly identify the protected portion(s) (e.g., by making appropriate 14 markings in the margins) and must specify, for each portion, the level of protection being asserted. 15 A Party or Non-Party that makes original documents or materials available for inspection 16 need not designate them for protection until after the inspecting Party has indicated which material 17 it would like copied and produced. During the inspection and before the designation, all of the 18 material made available for inspection shall be deemed "HIGHLY CONFIDENTIAL – 19 ATTORNEYS' EYES ONLY." After the inspecting Party has identified the documents it wants 20 copied and produced, the Producing Party must determine which documents, or portions thereof, 21 qualify for protection under this Order. Then, before producing the specified documents, the 22 Producing Party must affix the appropriate legend ("CONFIDENTIAL", "HIGHLY 23 CONFIDENTIAL – ATTORNEYS' EYES ONLY", or "HIGHLY CONFIDENTIAL – SOURCE 24 CODE") to each page that contains Protected Material. If only a portion or portions of the 25 material on a page qualifies for protection, the Producing Party also must clearly identify the 26 protected portion(s) (e.g., by making appropriate markings in the margins) and must specify, for 27 each portion, the level of protection being asserted. 28 -6Case No. 3:12-cv-05331 JST STIPULATED PROTECTIVE ORDER FOR LITIGATION INVOLVING PATENTS, HIGHLY SENSITIVE CONFIDENTIAL INFORMATION AND/OR TRADE SECRETS 1 (b) for testimony given in deposition or in other pretrial or trial proceedings, that the 2 Designating Party identify on the record, before the close of the deposition, hearing, or other 3 proceeding, all protected testimony and specify the level of protection being asserted. When it is 4 impractical to identify separately each portion of testimony that is entitled to protection and it 5 appears that substantial portions of the testimony may qualify for protection, the Designating Party 6 may invoke on the record (before the deposition, hearing, or other proceeding is concluded) a right 7 to have up to 21 days to identify the specific portions of the testimony as to which protection is 8 sought and to specify the level of protection being asserted. Only those portions of the testimony 9 that are appropriately designated for protection within the 21 days shall be covered by the 10 provisions of this Stipulated Protective Order. Alternatively, a Designating Party may specify, at 11 the deposition or up to 21 days afterwards if that period is properly invoked, that the entire 12 transcript shall be treated as "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL – 13 ATTORNEYS' EYES ONLY." 14 Parties shall give the other parties notice if they reasonably expect a deposition, hearing or 15 other proceeding to include Protected Material so that the other parties can ensure that only 16 authorized individuals who have signed the "Acknowledgment and Agreement to Be Bound" 17 (Exhibit A) are present at those proceedings. The use of a document as an Exhibit at a deposition 18 shall not in any way affect its designation as "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL 19 – ATTORNEYS' EYES ONLY." 20 Transcripts containing Protected Material shall have an obvious legend on the title page 21 that the transcript contains Protected Material, and the title page shall be followed by a list of all 22 pages (including line numbers as appropriate) that have been designated as Protected Material and 23 the level of protection being asserted by the Designating Party. The Designating Party shall inform 24 the court reporter of these requirements. Any transcript that is prepared before the expiration of a 25 21-day period for designation shall be treated during that period as if it had been designated 26 "HIGHLY CONFIDENTIAL – ATTORNEYS' EYES ONLY" in its entirety unless otherwise 27 28 -7Case No. 3:12-cv-05331 JST STIPULATED PROTECTIVE ORDER FOR LITIGATION INVOLVING PATENTS, HIGHLY SENSITIVE CONFIDENTIAL INFORMATION AND/OR TRADE SECRETS 1 agreed. After the expiration of that period, the transcript shall be treated only as actually 2 designated. 3 (b) (c) for information produced in some form other than documentary and for 4 any other tangible items, that the Producing Party affix in a prominent place on the exterior of the 5 container or containers in which the information or item is stored the legend "CONFIDENTIAL", 6 "HIGHLY CONFIDENTIAL – ATTORNEYS' EYES ONLY", or "HIGHLY CONFIDENTIAL – 7 SOURCE CODE". If only a portion or portions of the information or item warrant protection, the 8 Producing Party, to the extent practicable, shall identify the protected portion(s) and specify the 9 level of protection being asserted. 10 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to 11 designate qualified information or items does not, standing alone, waive the Designating Party's 12 right to secure protection under this Order for such material. Upon timely correction of a 13 designation, the Receiving Party must make reasonable efforts to assure that the material is treated 14 in accordance with the provisions of this Order. 15 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 16 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of 17 confidentiality at any time. Unless a prompt challenge to a Designating Party's confidentiality 18 designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic 19 burdens, or a significant disruption or delay of the litigation, a Party does not waive its right to 20 challenge a confidentiality designation by electing not to mount a challenge promptly after the 21 original designation is disclosed. 22 6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution 23 process by providing written notice of each designation it is challenging and describing the basis 24 for each challenge. To avoid ambiguity as to whether a challenge has been made, the written 25 notice must recite that the challenge to confidentiality is being made in accordance with this 26 specific paragraph of the Protective Order. The parties shall attempt to resolve each challenge in 27 good faith and must begin the process by conferring directly (in voice to voice dialogue; other 28 -8Case No. 3:12-cv-05331 JST STIPULATED PROTECTIVE ORDER FOR LITIGATION INVOLVING PATENTS, HIGHLY SENSITIVE CONFIDENTIAL INFORMATION AND/OR TRADE SECRETS 1 forms of communication are not sufficient) within 14 days of the date of service of notice. In 2 conferring, the Challenging Party must explain the basis for its belief that the confidentiality 3 designation was not proper and must give the Designating Party an opportunity to review the 4 designated material, to reconsider the circumstances, and, if no change in designation is offered, to 5 explain the basis for the chosen designation. A Challenging Party may proceed to the next stage 6 of the challenge process only if it has engaged in this meet and confer process first or establishes 7 that the Designating Party is unwilling to participate in the meet and confer process in a timely 8 manner. 9 6.3 If the Parties cannot resolve a challenge without court intervention, the Challenging 10 Party shall file and serve a motion to challenge confidentiality under Civil Local Rule 7 (and in 11 compliance with Civil Local Rule 79-5 and General Order 62, if applicable) within 21 days of the 12 initial notice of challenge or within 14 days of the parties agreeing that the meet and confer 13 process will not resolve their dispute, whichever is earlier. The Challenging Party may file a 14 motion challenging a confidentiality designation at any time if there is good cause for doing so, 15 including a challenge to the designation of a deposition transcript or any portions thereof. Any 16 motion brought pursuant to this provision must be accompanied by a competent declaration 17 affirming that the movant has complied with the meet and confer requirements imposed by the 18 preceding paragraph. 19 The burden of persuasion in any such challenge proceeding shall be on the Designating 20 Party. Frivolous challenges and those made for an improper purpose (e.g., to harass or impose 21 unnecessary expenses and burdens on other parties) may expose the Challenging Party to 22 sanctions. All parties shall continue to afford the material in question the level of protection to 23 which it is entitled under the Producing Party's designation until the court rules on the challenge. 24 7. ACCESS TO AND USE OF PROTECTED MATERIAL 25 7.1 Basic Principles: 26 (a) A Receiving Party may use Protected Material that is disclosed or produced by 27 another Party or by a Non-Party in connection with Acronis I, Acronis II, or the Delaware Action 28 -9Case No. 3:12-cv-05331 JST STIPULATED PROTECTIVE ORDER FOR LITIGATION INVOLVING PATENTS, HIGHLY SENSITIVE CONFIDENTIAL INFORMATION AND/OR TRADE SECRETS 1 only in any of these three cases, subject to other provisions of this Protective Order and Protective 2 Orders in Acronis II and the Delaware Action, and only for prosecuting, defending, or attempting 3 to settle any of these three litigations.2 Such Protected Material may be disclosed only to the 4 categories of persons and under the conditions described in this Order subject, in particular, to the 5 disclosure limitations set forth in Section 7.1(b). 6 (b) Protected Material produced in connection with Acronis I or Acronis II may be 7 disclosed to any experts that have been disclosed to and approved by the Producing Party in either 8 Acronis I or Acronis II according to Section 7.3(b) below (in other words, experts approved for 9 access to such Protected Material in Acronis I are approved for such access in Acronis II and vice 10 versa). However, the Receiving Party may not disclose Protected Material produced or disclosed 11 in either the Acronis I or Acronis II to an expert disclosed in the Delaware Action ("Delaware 12 Expert") unless the Delaware Expert has also been disclosed to and approved by the Producing 13 Party in Acronis I or Acronis II according to Section 7.3(b) below.3 When Acronis I, Acronis II, 14 and the Delaware action have been terminated, the Receiving Party must comply with the 15 provisions of section 15 below (FINAL DISPOSITION) of the respective Protective Orders 16 entered in each case. 17 Protected Material must be stored and maintained by a Receiving Party at a location and in 18 a secure manner4 that ensures that access is limited to the persons authorized under this Order. 19 20 21 2 The parties acknowledge that nothing in Section 7.1 constitutes an agreement or 22 representation that information disclosed in connection with one litigation is relevant to a claim or defense in another. 3 23 Similarly, the parties agree that the Receiving Party will not disclose Protected Material produced or disclosed in the Delaware Action to any expert who has not been disclosed and 24 approved by the Producing Party according to the expert disclosure provisions of protective order 25 that will be entered in the Delaware Action. Further, to the extent the District of Delaware has more lenient requirements for a protective order, the parties agree to implement the same 26 disclosure requirements and obligations in their Delaware Action Protective Order as set forth herein. 27 4 It may be appropriate under certain circumstances to require the Receiving Party to store any electronic Protected Material in password-protected form. 28 -10Case No. 3:12-cv-05331 JST STIPULATED PROTECTIVE ORDER FOR LITIGATION INVOLVING PATENTS, HIGHLY SENSITIVE CONFIDENTIAL INFORMATION AND/OR TRADE SECRETS 1 7.2 Disclosure of "CONFIDENTIAL" Information or Items. Unless otherwise ordered 2 by the court or permitted in writing by the Designating Party, a Receiving Party may disclose any 3 information or item designated "CONFIDENTIAL" only to: 4 (a) the Receiving Party's Outside Counsel of Record in the actions set forth in 5 paragraph 1, as well as employees of said Outside Counsel of Record to whom it is reasonably 6 necessary to disclose the information for this litigation; 7 (b) the officers, directors, and employees (including House Counsel) of the 8 Receiving Party to whom disclosure is reasonably necessary for the actions set forth in paragraph 9 1 and who have signed the "Acknowledgment and Agreement to Be Bound" (Exhibit A); 10 (c) Experts (as defined in this Order) of the Receiving Party to whom 11 disclosure is reasonably necessary for Acronis I and Acronis II and who have signed the 12 "Acknowledgment and Agreement to Be Bound" (Exhibit A) and their employees or staff to 13 whom disclosure is reasonably necessary for this litigation and who have signed Exhibit A; 14 (d) the courts in the actions set forth in paragraph 1 and its personnel; 15 (e) court reporters and their staff, professional jury or trial consultants, and 16 Professional Vendors to whom disclosure is reasonably necessary for the actions set forth in 17 paragraph 1 and who have signed Exhibit A; 18 (f) during their depositions, witnesses in the actions set forth in paragraph 1 to 19 whom disclosure is reasonably necessary and who have signed the "Acknowledgment and 20 Agreement to Be Bound" (Exhibit A), unless otherwise agreed by the Designating Party or 21 ordered by the court. Pages of transcribed deposition testimony or exhibits to depositions that 22 reveal Protected Material must be separately bound by the court reporter and may not be disclosed 23 to anyone except as permitted under this Stipulated Protective Order. 24 (g) the author or recipient of a document containing the information or a 25 custodian or other person who otherwise possessed or knew the information. 26 (h) Any other person with the prior written consent of the Producing Party. 27 28 -11Case No. 3:12-cv-05331 JST STIPULATED PROTECTIVE ORDER FOR LITIGATION INVOLVING PATENTS, HIGHLY SENSITIVE CONFIDENTIAL INFORMATION AND/OR TRADE SECRETS 1 7.3 Disclosure of "HIGHLY CONFIDENTIAL – ATTORNEYS' EYES ONLY" and 2 "HIGHLY CONFIDENTIAL – SOURCE CODE" Information or Items. Unless otherwise 3 ordered by the court or permitted in writing by the Designating Party, a Receiving Party may 4 disclose any information or item designated "HIGHLY CONFIDENTIAL – ATTORNEYS' 5 EYES ONLY" or "HIGHLY CONFIDENTIAL – SOURCE CODE" only to: 6 (a) the Receiving Party's Outside Counsel of Record in the actions set forth in 7 paragraph 1, as well as employees of said Outside Counsel of Record to whom it is reasonably 8 necessary to disclose the information for this litigation; 9 (b) Experts of the Receiving Party and their employees or staff (1) to whom 10 disclosure is reasonably necessary for Acronis I or Acronis II, (2) who have signed the 11 "Acknowledgment and Agreement to Be Bound" (Exhibit A), and (3) as to whom the procedures 12 set forth in paragraph 7.4(a), below, have been followed; 13 (c) the courts in the actions set forth in paragraph 1 and its personnel; 14 (d) court reporters and their staff, professional jury or trial consultants, and 15 Professional Vendors to whom disclosure is reasonably necessary for the actions set forth in 16 paragraph 1 and who have signed Exhibit A; 17 (e) the author or recipient of a document containing the information or a 18 custodian or other person who otherwise possessed or knew the information; 19 (f) Any other person with the prior written consent of the Producing Party; and 20 (g) shall not be made available to any person who was or is an employee, agent, 21 officer, director, or consultant of or to the Receiving Party, including Symantec Corporation, 22 Acronis, Inc., or Acronis International GmbH or any predecessors or successors (merged, acquired 23 or otherwise) parents, divisions, subsidiaries, associated organizations, joint ventures, and 24 affiliates thereof. 7.4 Procedures for Approving or Objecting to Disclosure of "HIGHLY CONFIDENTIAL – 25 26 ATTORNEYS' EYES ONLY" or "HIGHLY CONFIDENTIAL – SOURCE CODE" Information 27 or Items to Experts. 28 -12Case No. 3:12-cv-05331 JST STIPULATED PROTECTIVE ORDER FOR LITIGATION INVOLVING PATENTS, HIGHLY SENSITIVE CONFIDENTIAL INFORMATION AND/OR TRADE SECRETS 1 (a) Unless otherwise ordered by the court or agreed to in writing by the 2 Designating Party, a Party that seeks to disclose to an Expert (as defined in this Order) any 3 information or item that has been designated "HIGHLY CONFIDENTIAL – ATTORNEYS' 4 EYES ONLY" or "HIGHLY CONFIDENTIAL – SOURCE CODE" pursuant to paragraph 7.3(c) 5 first must make a written request to the Designating Party that (1) identifies the general categories 6 of "HIGHLY CONFIDENTIAL – ATTORNEYS' EYES ONLY" or "HIGHLY 7 CONFIDENTIAL – SOURCE CODE" information that the Receiving Party seeks permission to 8 disclose to the Expert, (2) sets forth the full name of the Expert and the city and state of his or her 9 10 primary residence, (3) attaches a copy of the Expert's current resume, (4) identifies the Expert's 11 current employer(s), (5) identifies each person or entity for the past 5 years including the 12 identification of the case name and number, law firm, represented party/client, and the date range 13 14 of the involvement: (i) for whom the Expert has provided professional services, or (ii) from whom the Expert received compensation or funding; except that if a particular instance of such services 15 16 or funding was subject to an non-disclosure agreement or confidentiality obligation and the Expert 17 understands he was not disclosed to the opposing side in that matter, the Receiving Party under 18 this subsection (5) will need to disclose whether such services or funding were outside the field of 19 backup and recovery technology and concerned Symantec Corporation, Acronis, Inc., or Acronis 20 International GmbH or any predecessors or successors (merged, acquired or otherwise) parents, 21 22 divisions, subsidiaries, associated organizations, joint ventures, and affiliates thereof, (6) identifies all of the Expert's patents and pending patent applications in which the Expert is an inventor, 23 24 assignee, or holds a financial interest, (7) identifies all source code relevant to this litigation in 25 which the Expert holds a financial interest, and (8) identifies any professional services provided by 26 the expert or any of his staff to Symantec, Acronis, Inc., or Acronis International GmbH or any 27 28 -13Case No. 3:12-cv-05331 JST STIPULATED PROTECTIVE ORDER FOR LITIGATION INVOLVING PATENTS, HIGHLY SENSITIVE CONFIDENTIAL INFORMATION AND/OR TRADE SECRETS 1 predecessors or successors (merged, acquired or otherwise), parents, divisions, subsidiaries, 2 associated organizations, joint ventures, and affiliates thereof. 3 (b) A Party that makes a request and provides the information specified in the 4 preceding respective paragraphs may disclose the subject Protected Material to the identified 5 Expert unless, within 14 days of delivering the request, the Party receives a written objection from 6 the Designating Party. Any such objection must set forth in detail the grounds on which it is 7 based. 8 (c) A Party that receives a timely written objection must meet and confer with the 9 10 Designating Party (through direct voice to voice dialogue) to try to resolve the matter by 11 agreement within seven days of the written objection. If no agreement is reached, the Party 12 seeking to make the disclosure to the Expert may file a motion as provided in Civil Local Rule 7 13 14 (and in compliance with Civil Local Rule 79-5 and General Order 62, if applicable) seeking permission from the court to do so. Any such motion must describe the circumstances with 15 16 specificity, set forth in detail the reasons why the disclosure to the Expert is reasonably necessary, 17 assess the risk of harm that the disclosure would entail, and suggest any additional means that 18 could be used to reduce that risk. In addition, any such motion must be accompanied by a 19 competent declaration describing the parties' efforts to resolve the matter by agreement (i.e., the 20 extent and the content of the meet and confer discussions) and setting forth the reasons advanced 21 by the Designating Party for its refusal to approve the disclosure. 22 23 In any such proceeding, the Party opposing disclosure to the Expert shall bear the burden 24 of proving that the risk of harm that the disclosure would entail (under the safeguards proposed) 25 outweighs the Receiving Party's need to disclose the Protected Material to its Expert. 26 27 28 -14Case No. 3:12-cv-05331 JST STIPULATED PROTECTIVE ORDER FOR LITIGATION INVOLVING PATENTS, HIGHLY SENSITIVE CONFIDENTIAL INFORMATION AND/OR TRADE SECRETS 1 8. PROSECUTION BAR 2 Absent written consent from the Producing Party, any individual who receives access to 3 "HIGHLY CONFIDENTIAL – ATTORNEYS' EYES ONLY" or any "HIGHLY 4 CONFIDENTIAL – SOURCE CODE" information shall not be involved in the prosecution of 5 patents or patent applications relating to backup and recovery software or security software, 6 including, without limitation, the patents asserted in the actions set forth in paragraph 1 and any 7 patent or application claiming priority to or otherwise related to the patents asserted in the actions 8 set forth in paragraph 1, before any foreign or domestic agency, including the United States Patent 9 and Trademark Office ("the Patent Office"). For purposes of this paragraph, "prosecution" 10 includes directly or indirectly drafting, amending, advising, or otherwise affecting the scope or 11 maintenance of patent claims. To avoid any doubt, "prosecution" as used in this paragraph does 12 not include representing a party challenging a patent before a domestic or foreign agency 13 (including, but not limited to, a reissue protest, ex parte reexamination or inter partes 14 reexamination). This Prosecution Bar shall begin when access to "HIGHLY CONFIDENTIAL – 15 ATTORNEYS' EYES ONLY" or "HIGHLY CONFIDENTIAL – SOURCE CODE" information 16 is first received by the affected individual in each respective action (Acronis I, Acronis II, or the 17 Delaware Action) and shall end two (2) years after final termination of the last of the actions set 18 forth in paragraph 1, except: 19 (a) If an expert disclosed and approved in the Northern District of California 20 Actions and the Delaware Action (i) stops providing services for each of the Northern District of 21 California Actions in which he is engaged but not the Delaware action, (ii) no longer has any 22 access to Protected Material designated in the Northern District of California Actions, and (iii) 23 notifies the Producing Party in writing of the withdrawal and the case(s) from which the expert is 24 withdrawing, the Prosecution Bar as it applies to backup and recovery software patents or patent 25 applications shall end two years from the date of withdrawal and the Prosecution Bar as it applies 26 to security software patents or patent applications shall remain in effect until terminated according 27 to the other terms of this paragraph 8; 28 -15Case No. 3:12-cv-05331 JST STIPULATED PROTECTIVE ORDER FOR LITIGATION INVOLVING PATENTS, HIGHLY SENSITIVE CONFIDENTIAL INFORMATION AND/OR TRADE SECRETS 1 (b) If an expert disclosed and approved in the Northern District of California 2 Actions and the Delaware Action (i) stops providing services for only the Delaware Action, (ii) no 3 longer has any access to Protected Material designated in the Delaware Action, and (iii) notifies 4 the Producing Party in writing of the withdrawal and the case(s) from which the expert is 5 withdrawing, the Prosecution Bar as it applies to security software patents or patent applications 6 shall end two years from the date of withdrawal and the Prosecution Bar as it applies to backup 7 and recovery software patents or patent applications shall remain in effect until terminated 8 according to the other terms of this paragraph 8; 9 (c) If an expert disclosed and approved only either in the Northern District of 10 California Actions or the Delaware Action (i) stops providing services for each of such actions, (ii) 11 no longer has any access to Protected Material designated in such actions, and (iii) notifies the 12 Producing Party in writing of the withdrawal and the case(s) from which the expert is 13 withdrawing, the Prosecution Bar shall end two years from the date of withdrawal and shall apply 14 only to backup and recovery software patents or patent applications if the expert was disclosed and 15 approved in and withdrew from the Northern District of California Actions, and only to security 16 software patents or patent applications if the expert was disclosed and approved in and withdrew 17 from the Delaware Action; and 18 (d) In all situations other than those set forth in paragraphs 8(0) - 8(c), in the 19 event that a person who receives access to "HIGHLY CONFIDENTIAL – ATTORNEYS' EYES 20 ONLY" or any "HIGHLY CONFIDENTIAL – SOURCE CODE" information (i) withdraws from 21 working on all the actions this person worked on of the actions set forth in paragraph 1, (ii) no 22 longer has any access to Protected Material designated in such actions, and (iii) notifies the 23 Producing Party in writing of the date of withdrawal and the case(s) from which the individual is 24 withdrawing, the Prosecution Bar end two (2) years after the date of withdrawal and apply to 25 patents or patent applications relating to backup and recovery software and security software. 26 27 28 -16Case No. 3:12-cv-05331 JST STIPULATED PROTECTIVE ORDER FOR LITIGATION INVOLVING PATENTS, HIGHLY SENSITIVE CONFIDENTIAL INFORMATION AND/OR TRADE SECRETS 1 9. SOURCE CODE 2 (a) A Producing Party may designate source code as "HIGHLY 3 CONFIDENTIAL - SOURCE CODE" if it comprises or includes confidential, proprietary or trade 4 secret source code. 5 (b) Protected Material designated as "HIGHLY CONFIDENTIAL – SOURCE 6 CODE" shall be subject to all of the protections afforded to "HIGHLY CONFIDENTIAL – 7 ATTORNEYS' EYES ONLY" information, including the Prosecution Bar set forth in Paragraph 8 8, and may be disclosed only to the individuals to whom "HIGHLY CONFIDENTIAL – 9 ATTORNEYS' EYES ONLY" information may be disclosed. 10 (c) The Receiving Party shall provide five (5) business days' notice prior to 11 commencing an inspection. The Receiving Party shall restrict its inspection to a reasonable 12 number of days, from 9:00 a.m. to 5:00 p.m., or as otherwise agreed by the parties. 13 (d) A list of names of persons who will view the source code will be provided 14 to the Producing Party in conjunction with any written (including email) notice requesting 15 inspection. 16 (e) Any source code produced in discovery shall be made available for 17 inspection in a format through which it could be reasonably reviewed and searched at an office of 18 the Producing Party's counsel or another mutually agreed upon location. The parties agree to meet 19 and confer in good faith on a location reasonably convenient for both sides, including taking into 20 consideration the location and convenience of each other's experts. The source code shall be 21 made available for inspection on a secured computer in a secured room without Internet access or 22 network access to other computers ("Source Code Computer"), as necessary and appropriate to 23 prevent and protect against any unauthorized copying, transmission, removal or other transfer of 24 any source code outside or away from the computer on which the source code is provided for 25 inspection. The parties agree to meet and confer if more than one Source Code Computer is 26 necessary to maximize the efficiency of the inspection. The Receiving Party shall not copy, 27 remove, or otherwise transfer any portion of the source code onto any recordable media or 28 -17Case No. 3:12-cv-05331 JST STIPULATED PROTECTIVE ORDER FOR LITIGATION INVOLVING PATENTS, HIGHLY SENSITIVE CONFIDENTIAL INFORMATION AND/OR TRADE SECRETS 1 recordable device. The Producing Party shall be entitled to have a person observe all entrances 2 and exits from the source code viewing room. The Producing Party may also visually monitor the 3 activities of the Receiving Party's representatives during any source code review, but only to 4 ensure that there is no unauthorized recording, copying, or transmission of the source code. 5 (f) The Producing Party shall install such tools or programs that are reasonably 6 necessary to review and search the code produced on the platform produced. The Receiving Party 7 may request that additional review tools and programs be added to the Source Code computer, and 8 the Providing Party may not unreasonably refuse to install such additional tools and programs. If 9 the Receiving Party wants to use other tools or programs, the Receiving Party must provide the 10 software and proof that it is licensed. The Receiving Party's outside counsel and/or expert shall be 11 entitled to take notes relating to the source code but may not copy substantial portions of the 12 source code into the notes. For purposes of this provision, fifteen or more lines of code is 13 "substantial." No copies of all or any portion of the source code may leave the room in which the 14 source code is inspected except as otherwise provided herein. Further, no other written or 15 electronic record of the source code is permitted except as otherwise provided herein. 16 The Producing Party shall allow the Receiving Party to create files on the Source Code 17 Computer as necessary for the Receiving Party's analysis, for example in a separate directory on 18 the Source Code Computer to be established by the Producing Party. The Producing Party agrees 19 that it will not review, analyze, share, distribute, or use the files created by the Receiving Party 20 except as stated herein. Acronis has asserted that such files created by Acronis's representatives 21 will contain work product or other protected information. Acronis does not waive such protection 22 by leaving the files on Symantec's computer or by agreeing to have them reviewed by a third party 23 as stated herein. Without agreeing with that assertion, Symantec acknowledges that such a claim 24 has been made and agrees not to review, analyze, share, distribute, or use the files created by the 25 Receiving Party unless permitted to do so by the Court, and further agrees that Acronis has not 26 waived any protection afforded these files, including due to a neutral third party review or the files 27 location on Symantec's computer. The Producing Party has the right to have a neutral third party 28 -18Case No. 3:12-cv-05331 JST STIPULATED PROTECTIVE ORDER FOR LITIGATION INVOLVING PATENTS, HIGHLY SENSITIVE CONFIDENTIAL INFORMATION AND/OR TRADE SECRETS 1 ("Neutral Party") review the electronic note files made by the Receiving Party on the Source Code 2 Computer to ensure that the note files created by the Receiving Party are consistent with all other 3 provisions and are subject to and receive the applicable protections conferred by the Protective 4 Order. If the Producing Party elects to have a Neutral Party review the electronic note files made 5 by the Receiving Party, the Receiving Party is not permitted to take those electronic note files with 6 them at the conclusion of the inspection. The parties will immediately meet and confer about the 7 scope and content of the review that is to be conducted by the Neutral Party and on the timing and 8 procedure for making these files available to the Receiving Party.5 Both parties reserve the right 9 to raise additional issues regarding the timing and procedure for making these files available to the 10 Receiving Party after the third-party review is complete. All expenses associated with the Neutral 11 Party review shall be paid for by the party requesting the review. The parties may request relief 12 from the Court pursuant to the procedures of the judge in charge of discovery issues in each 13 respective case (Acronis I, Acronis II, or the Delaware Action) if they are unable to agree on the 14 timing and procedure for making these files available to the Receiving Party and the parameters of 15 the Neutral Party review. 16 (g) Subject to the other provisions of this Protective Order, the Receiving Party 17 may bring with it to the secure offices a cell phone and laptop computer. The Receiving Party is 18 permitted to take notes on the laptop computer but shall not be permitted to include any of the 19 Producing Party's Source Code or Source Code comments in any such notes. The Receiving Party 20 may include references to the file, function, or object name and line number(s) of code, and such 21 5 At a minimum, Symantec has requested that the Neutral Party identify (1) How many pages 22 of notes are contained within electronic notes and files created by the Receiving Party, (2) Excluding attorney notations, how many lines of source code in total are contained in electronic 23 notes and files created by the Receiving Party, and (3) How many segments of source code within 24 the electronic notes and files created by the Receiving Party contain 2 or more lines of code. Acronis has already advised that it will agree that the neutral third party may convey to the 25 Producing Party whether or not these note files contain any portion of the produced code that is 14 lines or greater in length, as already required by paragraph 9(f). Acronis is prepared to meet and 26 confer re further details as long as no work product information is conveyed without making the showing required by Rule 26(b)(3). Acronis also requested that a "line" of code be defined as a 27 line of actual code, and any lines that contain only code comments or whitespace, but not code, be 28 excluded from the count. -19Case No. 3:12-cv-05331 JST STIPULATED PROTECTIVE ORDER FOR LITIGATION INVOLVING PATENTS, HIGHLY SENSITIVE CONFIDENTIAL INFORMATION AND/OR TRADE SECRETS 1 references will not be considered Source Code or Source Code comments. Inclusion of any 2 Source Code or Source Code comments in any such notes constitutes a violation of the protective 3 order. If the Receiving Party represents that the notes on the laptop comply with this provision, 4 such notes are agreed to contain work-product and not be subject to any third-party review. 5 (h) The Producing Party shall produce to the Receiving Party printed copies of 6 requested files contained on the Producing Party's Source Code Computer under the following 7 terms and conditions: 8 (1) For each of the actions set forth in paragraph 1, the Receiving Party 9 may request, in total, up to 1000 pages of hard (non electronic) copies of those portions of 10 source code that it, in good faith, considers necessary to the preparation of each case. For 11 good cause shown and for each of the actions set forth in paragraph 1, the Receiving Party 12 may request an additional 500 pages of hard (non electronic) copies of those portions of 13 source code that it, in good faith, considers necessary to the preparation of each case. 14 Notwithstanding the foregoing, a receiving Party may not request a hard copy of more than 15 20 consecutive pages of source code absent express permission of the producing Party or 16 an order from the Court. A "page" for the purposes of this limitation will be defined as an 17 8.5 x 11" sheet of paper with 12 point font. This consecutive page limitation will not 18 preclude any Party from seeking additional consecutive pages for good reason. If any 19 dispute arises concerning the number of consecutive pages, the producing Party and 20 receiving Party shall meet and confer in good faith to attempt to resolve this dispute 21 without the Court's involvement. The Producing Party shall provide all such source code 22 in paper form including bates numbers and the label "HIGHLY CONFIDENTIAL - 23 SOURCE CODE." 24 (2) A request for printed copies of files shall include, on a file-by-file 25 basis, the complete file path associated with each file. If additional information is required 26 to uniquely identify the requested files, then the request shall include, on a file-by-file 27 basis, such additional information; 28 -20Case No. 3:12-cv-05331 JST STIPULATED PROTECTIVE ORDER FOR LITIGATION INVOLVING PATENTS, HIGHLY SENSITIVE CONFIDENTIAL INFORMATION AND/OR TRADE SECRETS 1 (3) A party may request multiple versions or revisions of the same file, 2 but the requesting party must specify the exact dates or the exact numbers for each version 3 or versions sought. The Producing Party and the Receiving Party shall cooperate in 4 identifying the precise files which are sought; 5 (4) The Producing Party shall have three (3) business days in which to 6 object in writing as to the extent or relevance of the requested printout(s). If no such 7 objection is made, the Producing Party shall produce a copy of the printout(s) to the 8 Reviewing Party pursuant to the terms of Paragraph 7.3. If objection is made, the parties 9 shall meet and confer within three (3) business days in a good faith attempt to resolve the 10 objection. If the objection is not resolved, the Producing Party shall have five (5) business 11 days after the expiration of the meet and confer period (i.e., eight (8) business days from 12 the date of the request) in which to file a motion for relief from production of the 13 printout(s) that are the subject of the objection. The printout(s) shall be retained by the 14 Producing Party, and not produced, pending the Court's resolution of the motion. 15 (5) Any copy of a Source Code file (in electronic or paper form) shall 16 be marked and designated as "HIGHLY CONFIDENTIAL-SOURCE CODE," and the 17 Receiving Party must keep the printed copy of Source Code in a locked location to prevent 18 duplication of or unauthorized access to the source code. Any source code designated 19 "HIGHLY CONFIDENTIAL-SOURCE CODE," shall be disclosed and disseminated only 20 to the individuals identified in Paragraph 7.3. The Producing Party shall clearly identify 21 the file path of the underlying file as well as an additional information required to uniquely 22 identify the underlying file on any printed copy of a Source Code file. 23 (i) Unless otherwise agreed in advance by the parties in writing, following 24 each inspection, the Receiving Party's outside counsel and/or experts shall remove all notes, 25 documents, laptops, and all other materials from the room that may contain work product and/or 26 attorney-client privileged information. The Producing Party shall not be responsible for any items 27 left in the room following each inspection session. 28 -21Case No. 3:12-cv-05331 JST STIPULATED PROTECTIVE ORDER FOR LITIGATION INVOLVING PATENTS, HIGHLY SENSITIVE CONFIDENTIAL INFORMATION AND/OR TRADE SECRETS 1 (j) The Producing Party shall provide to the Receiving Party five copies of 2 hard (non-electronic) copies of source code. No additional copies of hard (non-electronic) copies 3 of source code or portions of source code shall be made without the agreement of the producing 4 Party, regardless of whether such source code was initially produced in hard-copy format or 5 whether such hard copies were made pursuant to the preceding sub-Paragraph. A party may 6 request additional hard copies of portions of the code only as needed for use at depositions, 7 hearings, trial, or court filings. The Receiving Party shall only include such excerpts as are 8 reasonably necessary for the purposes for which such part of the source code is used. To the 9 extent portions of source code are quoted in a Source Code Document, either (1) the entire 10 document will be stamped and treated as HIGHLY CONFIDENTIAL-SOURCE CODE or (2) 11 those pages containing quoted source code will be separately bound, and stamped and treated as 12 HIGHLY CONFIDENTIAL-SOURCE CODE. 13 (k) The Receiving Party shall maintain a log of any individual who has 14 inspected any portion of the source code in electronic or paper form. The log shall include the 15 dates and times of any access, all printed or electronic copies of the source code that are delivered 16 by the Receiving Party to any qualified person and the names of the recipients of copies and 17 locations where the copies are stored. The log shall be provided by the Receiving Party to the 18 Producing Party upon request. 19 (l) The Receiving Party shall maintain all paper copies of any printed portions 20 of the source code and all electronic files that contain source code in a manner that prevents 21 duplication of or unauthorized access to the source code, for example, in a secured, locked area. 22 The Receiving Party shall not create any electronic or other images of the paper copies and shall 23 not convert any of the information contained in the paper copies into any electronic format. All 24 paper copies shall be securely destroyed if they are no longer in use (e.g., unmarked and/or spare 25 copies at the conclusion of a deposition). 26 27 28 -22Case No. 3:12-cv-05331 JST STIPULATED PROTECTIVE ORDER FOR LITIGATION INVOLVING PATENTS, HIGHLY SENSITIVE CONFIDENTIAL INFORMATION AND/OR TRADE SECRETS 1 10. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN OTHER 2 LITIGATION 3 If a Party is served with a subpoena or a court order issued in other litigation that compels 4 disclosure of any information or items designated in this action as "CONFIDENTIAL", "HIGHLY 5 CONFIDENTIAL – ATTORNEYS' EYES ONLY", or "HIGHLY CONFIDENTIAL – SOURCE 6 CODE" that Party must: 7 (a) promptly notify in writing the Designating Party. Such notification shall 8 include a copy of the subpoena or court order; 9 (b) promptly notify in writing the party who caused the subpoena or order to 10 issue in the other litigation that some or all of the material covered by the subpoena or order is 11 subject to this Protective Order. Such notification shall include a copy of this Stipulated 12 Protective Order; and 13 (c) cooperate with respect to all reasonable procedures sought to be pursued by 14 the Designating Party whose Protected Material may be affected.6 15 If the Designating Party timely seeks a protective order, the Party served with the subpoena 16 or court order shall not produce any information designated in this action as "CONFIDENTIAL", 17 "HIGHLY CONFIDENTIAL – ATTORNEYS' EYES ONLY", or "HIGHLY CONFIDENTIAL – 18 SOURCE CODE" before a determination by the court from which the subpoena or order issued, 19 unless the Party has obtained the Designating Party's permission. The Designating Party shall 20 bear the burden and expense of seeking protection in that court of its confidential material – and 21 nothing in these provisions should be construed as authorizing or encouraging a Receiving Party 22 in this action to disobey a lawful directive from another court. 23 24 25 26 6 The purpose of imposing these duties is to alert the interested parties to the existence of this 27 Protective Order and to afford the Designating Party in this case an opportunity to try to protect its 28 confidentiality interests in the court from which the subpoena or order issued. -23Case No. 3:12-cv-05331 JST STIPULATED PROTECTIVE ORDER FOR LITIGATION INVOLVING PATENTS, HIGHLY SENSITIVE CONFIDENTIAL INFORMATION AND/OR TRADE SECRETS 1 11. A NON-PARTY'S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN THIS 2 LITIGATION 3 (a) The terms of this Order are applicable to information produced by a Non- 4 Party in this action and designated as "CONFIDENTIAL", "HIGHLY CONFIDENTIAL – 5 ATTORNEYS' EYES ONLY", or "HIGHLY CONFIDENTIAL – SOURCE CODE". Such 6 information produced by Non-Parties in connection with this litigation is protected by the 7 remedies and relief provided by this Order. Nothing in these provisions should be construed as 8 prohibiting a Non-Party from seeking additional protections. 9 (b) In the event that a Party is required, by a valid discovery request, to produce 10 a Non-Party's confidential information in its possession, and the Party is subject to an agreement 11 with the Non- Party not to produce the Non-Party's confidential information, then the Party shall: 12 (1) promptly notify in writing the Requesting Party and the Non-Party 13 that some or all of the information requested is subject to a confidentiality agreement with 14 a Non-Party; 15 (2) promptly provide the Non-Party with a copy of the Stipulated 16 Protective Order in this litigation, the relevant discovery request(s), and a reasonably 17 specific description of the information requested; and 18 19 20 (3) make the information requested available for inspection by the Non- Party. (c) If the Non-Party fails to object or seek a protective order from this court 21 within 14 days of receiving the notice and accompanying information, the Receiving Party may 22 produce the Non-Party's confidential information responsive to the discovery request. If the Non23 Party timely seeks a protective order, the Receiving Party shall not produce any information in its 24 possession or control that is subject to the confidentiality agreement with the Non-Party before a 25 determination by the court. Absent a court order to the contrary, the Non-Party shall bear the 26 burden and expense of seeking protection in this court of its Protected Material. 27 28 -24Case No. 3:12-cv-05331 JST STIPULATED PROTECTIVE ORDER FOR LITIGATION INVOLVING PATENTS, HIGHLY SENSITIVE CONFIDENTIAL INFORMATION AND/OR TRADE SECRETS 1 12. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 2 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected 3 Material to any person or in any circumstance not authorized under this Stipulated Protective 4 Order, the Receiving Party must immediately (a) notify in writing the Designating Party of the 5 unauthorized disclosures, (b) use its best efforts to retrieve all unauthorized copies of the Protected 6 Material, (c) inform the person or persons to whom unauthorized disclosures were made of all the 7 terms of this Order, and (d) request such person or persons to execute the "Acknowledgment and 8 Agreement to Be Bound" that is attached hereto as Exhibit A. 9 13. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE PROTECTED 10 MATERIAL 11 When a Producing Party gives notice to Receiving Parties that certain inadvertently 12 produced material is subject to a claim of privilege or other protection, the obligations of the 13 Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). If 14 information is produced in discovery that is subject to a claim of privilege or of protection as trial15 preparation material, the party making the claim may notify any party that received the 16 information of the claim and the basis for it. After being notified, a party must promptly return, 17 sequester, or destroy the specified information and any copies it has and may not use or disclose 18 the information until the claim is resolved. The Parties may promptly present the information to 19 the court under seal for a determination of the claim. The producing party must preserve the 20 information until the claim is resolved. 21 14. MISCELLANEOUS 22 14.1 Right to Further Relief. Nothing in this Order abridges the right of any person to 23 seek its modification by the court in the future. 24 14.2 Right to Assert Other Objections. By stipulating to the entry of this Protective 25 Order no Party waives any right it otherwise would have to object to disclosing or producing any 26 information or item on any ground not addressed in this Stipulated Protective Order. Similarly, no 27 28 -25Case No. 3:12-cv-05331 JST STIPULATED PROTECTIVE ORDER FOR LITIGATION INVOLVING PATENTS, HIGHLY SENSITIVE CONFIDENTIAL INFORMATION AND/OR TRADE SECRETS 1 Party waives any right to object on any ground to use in evidence of any of the material covered 2 by this Protective Order. 3 14.3 Filing Protected Material. Without written permission from the Designating Party 4 or a court order secured after appropriate notice to all interested persons, a Party may not file in 5 the public record in this action any Protected Material. A Party that seeks to file under seal any 6 Protected Material must comply with Civil Local Rule 79-5 and General Order 62. Protected 7 Material may only be filed under seal pursuant to a court order authorizing the sealing of the 8 specific Protected Material at issue. Pursuant to Civil Local Rule 79-5 and General Order 62, a 9 sealing order will issue only upon a request establishing that the Protected Material at issue is 10 privileged, protectable as a trade secret, or otherwise entitled to protection under the law. If a 11 Receiving Party's request to file Protected Material under seal pursuant to Civil Local Rule 7912 5(d) and General Order 62 is denied by the court, then the Receiving Party may file the Protected 13 Material in the public record pursuant to Civil Local Rule 79-5(e) unless otherwise instructed by 14 the court. 15 15. FINAL DISPOSITION 16 Within 60 days after the final disposition of the latest of Acronis I, Acronis II, and the 17 Delaware Action, as defined in paragraph 4, each Receiving Party must return all Protected 18 Material to the Producing Party or destroy such material. As used in this subdivision, "all 19 Protected Material" includes all copies, abstracts, compilations, summaries, and any other format 20 reproducing or capturing any of the Protected Material. Whether the Protected Material is 21 returned or destroyed, the Receiving Party must submit a written certification to the Producing 22 Party (and, if not the same person or entity, to the Designating Party) by the 60-day deadline that 23 (1) identifies (by category, where appropriate) all the Protected Material that was returned or 24 destroyed and (2) affirms that the Receiving Party has not retained any copies, abstracts, 25 compilations, summaries or any other format reproducing or capturing any of the Protected 26 Material. Notwithstanding this provision, Counsel are entitled to retain an archival copy of all 27 pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda, 28 -26Case No. 3:12-cv-05331 JST STIPULATED PROTECTIVE ORDER FOR LITIGATION INVOLVING PATENTS, HIGHLY SENSITIVE CONFIDENTIAL INFORMATION AND/OR TRADE SECRETS 1 correspondence, deposition and trial exhibits, expert reports, attorney work product, and 2 consultant and expert work product, even if such materials contain Protected Material. Any such 3 archival copies that contain or constitute Protected Material remain subject to this Protective Order 4 as set forth in Section 4. 5 6 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. QUINN EMANUEL URQUHART & DATED: April 19, 2013 SULLIVAN 7 8 By: _/s/ Jen A. Kash_____________________ 9 Jennifer A. Kash (Bar No. 203679) jenniferkash@quinnemanuel.com Eric E. Wall (Bar No. 248692) ericwall@quinnemanuel.com QUINN EMANUEL URQUHART & SULLIVAN, LLP 50 California Street, 22nd Floor San Francisco, California 94111 Telephone: (415) 875-6600 Facsimile: (415) 875-6700 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 David A. Nelson davenelson@quinnemanuel.com Robert R. Cleary, Jr. robertcleary@quinnemanuel.com Aaron Perez-Daple aaronperezdaple@quinnemanuel.com QUINN EMANUEL URQUHART & SULLIVAN, LLP 500 West Madison Street, Suite 2450 Chicago, IL 60661 Telephone: (312) 705-7400 Facsimile: (312) 705-7401 Kate Cassidy katecassidy@quinnemanuel.com QUINN EMANUEL URQUHART & SULLIVAN, LLP 51 Madison Avenue, 22nd Floor New York, NY 10010 Telephone: (212) 849-7000 Facsimile: (212) 849-7100 25 26 27 Attorneys for Plaintiff-Counterclaim-Defendant Symantec Corporation 28 -27Case No. 3:12-cv-05331 JST STIPULATED PROTECTIVE ORDER FOR LITIGATION INVOLVING PATENTS, HIGHLY SENSITIVE CONFIDENTIAL INFORMATION AND/OR TRADE SECRETS 1 2 DATED: April 19, 2013 FISH & RICHARDSON P.C. By: _/s/ Olga I. May__________________ 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Jason W. Wolff Olga I. May Aleksandr Gelberg FISH & RICHARDSON P.C. 12390 E. Camino Real San Diego, California 92130 Frank E. Scherkenbach Steven R. Katz FISH & RICHARDSON P.C. 225 Franklin Street Boston, MA 02110-2804 617-542-5070 Fax: 617-542-8906 Thomas L. Halkowski Warren Keith Mabey , Jr. FISH AND RICHARDSON P.C. 222 Delaware Avenue 17th floor P.O. Box 1114 Wilmington, DE 19899-1114 302-778-8407 Fax: (302) 652-0607 18 19 20 21 22 Jerry T. Yen FISH & RICHARDSON P.C. 500 Arguello Street, Suite 500 Redwood City, CA 94063 (650) 839-5070 Fax: (650) 839-5071Attorneys for DefendantsCounterclaimants Acronis, Inc., Acronis International GmbH, and OOO Acronis 23 24 25 26 27 28 -28Case No. 3:12-cv-05331 JST STIPULATED PROTECTIVE ORDER FOR LITIGATION INVOLVING PATENTS, HIGHLY SENSITIVE CONFIDENTIAL INFORMATION AND/OR TRADE SECRETS ORDER 1 2 3 4 5 PURSUANT TO STIPULATION, IT IS SO ORDERED. DATED: April 30, 2013 ____________________ JON S. TIGAR United States District Judge 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -29Case No. 3:12-cv-05331 JST STIPULATED PROTECTIVE ORDER FOR LITIGATION INVOLVING PATENTS, HIGHLY SENSITIVE CONFIDENTIAL INFORMATION AND/OR TRADE SECRETS EXHIBIT A 1 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 2 3 I, _________________________________[print or type full name], of 4 ________________________ [print or type full address], declare under penalty of perjury that I 5 have read in its entirety and understand the Stipulated Protective Order that was issued by the 6 United States District Court for the Northern District of California on [date] in the case of 7 Symantec Corp. v. Acronis Inc. et al., Case No. 3:12-cv-05331 JST. I agree to comply with and to 8 be bound by all the terms of this Stipulated Protective Order and I understand and acknowledge 9 that failure to so comply could expose me to sanctions and punishment in the nature of contempt. I 10 solemnly promise that I will not disclose in any manner any information or item that is subject to 11 this Stipulated Protective Order to any person or entity except in strict compliance with the 12 provisions of this Order. 13 I further agree to submit to the jurisdiction of the United States District Court for the 14 Northern District of California for the purpose of enforcing the terms of this Stipulated Protective 15 Order, even if such enforcement proceedings occur after termination of this action. 16 I hereby appoint ________________________ [print or type full name] of 17 ______________________________ [print or type full address and telephone number] as my 18 California agent for service of process in connection with this action or any proceedings related to 19 enforcement of this Stipulated Protective Order. 20 21 22 23 Date: ______________________ City and State where sworn and signed: ________________________ Printed Name: _______________________________ [printed name] 24 Signature: ________________________________ [signature] 25 26 27 28 Case No. 3:12-cv-05331 JST STIPULATED PROTECTIVE ORDER FOR LITIGATION INVOLVING PATENTS, HIGHLY SENSITIVE CONFIDENTIAL INFORMATION AND/OR TRADE SECRETS


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"Doing a mitzvah project to help orphaned girls felt so good! All my friends were involved and I managed to raise over $1,800. With the money I raised a trip for the girls to the Ice Skating Rink. They had such fun!"
"Being that I love sports, I decided to do a fundraiser to raise money for sports equipment for the Orphanage. I was in contact with the staff at Lev LaLev, and they helped me come up with ideas of how to raise the money. Now the girls have so much fun with all the equipment that we sponsored!"
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President Trump on deal for 'Dreamer' immigrants: 'NO MORE'
Posted 3:59 pm, April 1, 2018, by CNN Wire, Updated at 04:17PM, April 1, 2018
PALM BEACH, Fla. (AP) — President Donald Trump on Sunday declared "NO MORE" to a deal to help "Dreamer" immigrants and threatened to pull out of a free trade agreement with Mexico unless it does more to stop people from crossing into the U.S. He claimed they're coming to take advantage of protections granted certain immigrants.
"NO MORE DACA DEAL!" Trump tweeted one hour after he began the day by wishing his followers a "HAPPY EASTER!"
He said Mexico must "stop the big drug and people flows, or I will stop their cash cow, NAFTA. NEED WALL!" The U.S., Canada and Mexico are participating in tense negotiations over the North American Free Trade Agreement at Trump's insistence. Trump says NAFTA is bad for the U.S.
"Mexico has got to help us at the border," Trump, holding his wife's hand, told reporters before the couple attended Easter services at an Episcopal church near his Palm Beach, Florida, home. "If they're not going to help us at the border, it's a very sad thing between our two countries."
"A lot of people are coming in because they want to take advantage of DACA," he added.
AP: DACA deadline arrives with diminished urgency
President Donald Trump responded to tweets about the DACA migrant program before attending Easter Mass on Sunday. He called out Mexico for not helping the U.S. secure the border. (April 1)
Former President Barack Obama created the Deferred Action for Childhood Arrivals program to provide temporary protection and work permits to hundreds of thousands of immigrants who are living in the U.S. illegally after being brought here as children. Trump ended the program last year, but gave Congress six months to pass legislation enshrining it. A deal has so far proved elusive and Trump has blamed Democrats.
It was not immediately clear what Trump was referring to when he said people are coming to take advantage of the program.
The Department of Homeland Security is not issuing new permits, though existing ones can be renewed. The Obama administration allowed sign-ups during a set period of time, and the program is closed to new entrants.
Proposed DACA deals crafted by lawmakers and rejected by Trump also were not open to new participants.
Trump did not explain what he meant when questioned by reporters as he entered the Church of Bethesda-by-the-Sea with the first lady and his daughter Tiffany. The White House did not immediately respond to a request for clarification.
Trump, when addressing reporters briefly before entering the church, again blamed Democrats for failing to protect the "Dreamers."
"They had a great chance. The Democrats blew it. They had a great, great chance, but we'll have to take a look because Mexico has got to help us at the border. They flow right through Mexico. They send them into the United States. It can't happen that way anymore."
Trump promised during the 2016 presidential campaign to build a southern border wall to stop illegal immigration and drugs from Mexico, but Congress has frustrated him by not moving as quickly as he wants to provide money for construction.
The president also complained on Twitter that border patrol agents can't do their jobs properly because of "ridiculous liberal (Democrat) laws" that allow people caught for being in the country illegally to be released while they await a hearing before a federal immigration judge.
Trump tweeted that the situation is "Getting more dangerous" and "Caravans" are coming. He did not offer details to back his comment.
The president's tweets came after Fox News' "Fox & Friends" reported early Sunday on what it said is a group of 1,200 immigrants, mostly from Honduras, headed to the U.S. The segment was a follow-up to a report by Buzzfeed News on hundreds of Central Americans making their way through Mexico in hopes that American authorities will grant them asylum or be absent when they attempt to cross the border.
The Fox headline was "Caravan of illegal immigrants headed to U.S." The president is known to watch the cable TV program in the morning.
Brandon Judd, leader of the union representing border patrol agents, predicted on "Fox & Friends" that those in the caravan would create havoc and chaos in the U.S. as they wait for what he described as immigration reform. Judd also said Congress needs to pass tougher laws, an idea Trump appeared to echo, and create more bed space for immigration authorities to house people.
Some fellow Republicans chided Trump over the tone of the tweets.
"A true leader preserves & offers hope, doesn't take hope from innocent children who call America home. Remember, today is Easter Sunday," tweeted Ohio Gov. John Kasich, a Trump critic who challenged him for the 2016 Republican presidential nomination.
Sunday's church visit was Trump's first public appearance with his wife since CBS's "60 Minutes" aired an interview the previous Sunday with Stormy Daniels, the adult film star who says she had sex with Trump in 2006, early in his marriage and a few months after the Mrs. Trump had given birth to their son. The White House says Trump denies the affair. Mrs. Trump spent most of the past week in Palm Beach with her son.
The Trumps were returning to Washington later Sunday.
Topics: DACA, Dreamer, president trump, trump
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One person missing after boat capsizes on Pickwick Lake
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redpajama_set_name: RedPajamaCommonCrawl


text:
Frumoasa is a commune in Teleorman County, Muntenia, Romania. It is composed of two villages, Frumoasa and Păuleasca.

References

Communes in Teleorman County
Localities in Muntenia

redpajama_set_name: RedPajamaWikipedia


I know it's crazy. I know I've done this before. I know it didn't work. I kind of don't care. I need something to get me out of this black hole my writing productivity has fallen into and I'm thinking a schedule might be what I need.
It's a move born of desperation, I promise. My last resort, if you will.
Starting tomorrow, I'm going to a 40 hour a week schedule (okay, technically 42, but I like working with whole numbers and I want to write 7 days a week). This plan came about because of an article I read today called "The Unexpected Freedom of an Eight-Hour Workday." It touched a nerve.
So I'm giving it another shot. Anything to save me from myself.
I'm planning to work for 6 hours each day. I'll write until I reach my 3,233 words a day goal (hopefully in 4–5 hours) and fill the rest of my time with publishing work.
The schedule for almost all days: 7–11 & 1–3.
So that's it, the sum total of my plan.


We passed the hundred-mile mark today! A few miles more and we stopped and took some photos at Eagle Rock.
Our logistical support expert, vital to the success of our journey, wrote this lovely note and included it in our first mail drop.
Yikes! I've never in my whole life walked 100 miles! Keep up the good work, but take care of yourselves!
Wow! That really does look like an eagle! Matthew, I talked with your Mom yesterday and she sounds good. Loky is keeping her good company and has encouraged her to walk more. Good stuff!
Congratulations! You fame spreads wide. Today when my student's mom and sister came to pick him up after class, came thru the door with " they made it … 100 miles" I hadn't seen your post yet. You have followers you don't even know. Congrats! Now you only have to do this 26 more times! What a great picture! Tripod? Sleeping bags are on their way to Idyllwild. I'm preparing to mail the next food box to Ziggy and the Bear ( mile 210.8) which is on the trail So you will need to feed yourselves for the next 100 miles.
Good Luck…be safe. Love this blogging.
What a great way to follow you on this fantastic journey. Thinking about you two everyday. Sending love and safe travels. Pictures of birds?


The Drought Community Support Initiative was announced at the National Drought Summit on 26 October 2018.
Today the Drought Community Support Initiative opened to applications. This is a new stream under the existing Drought Communities Programme – Extension.


The PSAT will be given to interested 10th and 11th graders on Wednesday, October 15 from 3 to 6 p.m. in the WIHI Cafeteria. Cost is $20 (check made out to "WIHI" with "PSAT" in the subject line). The PSAT is a pre-SAT test. Taking the PSAT also enters 11th-grade students into the National Merit Scholarship program.
WIHI students may sign up for the PSAT outside of Mr. Nemo's office.
The WIHI College Resource Center is open for business! Ms. Mark and Mr. Nemo hosted our first session on Wednesday, August 20, and we're encouraged by how thorough our students have been in their college search so far.
Hope to see you soon in the College Resource Center!


Pin completed! Self adhesive from Dollar Tree and spray painted the outside frame of plastic drawers. DIY dollar store and plastic drawer made pretty!
Show the love this Valentines Day with these seven DIY decor projects!


text:
Add or Multiply? A Tutorial on Ranking and Choosing with Multiple Criteria
C. Tofallis
Simple additive weighting is a well-known method for scoring and ranking alternative options based on multiple attributes. However, the pitfalls associated with this approach are not widely appreciated. For example, the apparently innocuous step of normalizing the various attribute data in order to obtain comparable figures leads to markedly different rankings depending on which normalization is chosen. When the criteria are aggregated using multiplication, such difficulties are avoided because normalization is no longer required. This
removes an important source of subjectivity in the analysis because the analyst no longer has to make a choice of normalization type. Moreover, it also permits the modelling of more realistic preference behaviour, such as diminishing marginal utility, which simple additive weighting does not provide. The multiplicative approach also has advantages when aggregating the ratings of panel members. This method is not new but has been ignored for too long by both practitioners and teachers. We aim to present it in a nontechnical way and illustrate its use with data on business schools.
INFORMS Transactions on Education
https://doi.org/10.1287/ited.2013.0124
Published - 27 May 2014
multiattribute decision making; ranking; scoring; aggregation; selection; teaching management science; teaching decision analysis; multiple criteria
10.1287/ited.2013.0124
Dive into the research topics of 'Add or Multiply? A Tutorial on Ranking and Choosing with Multiple Criteria'. Together they form a unique fingerprint.
Tutorial Business & Economics 100%
Normalization Business & Economics 88%
Multiple Criteria Business & Economics 81%
normalization Social Sciences 80%
Ranking Business & Economics 77%
ranking Social Sciences 66%
weighting Social Sciences 56%
Weighting Business & Economics 48%
Tofallis, C. (2014). Add or Multiply? A Tutorial on Ranking and Choosing with Multiple Criteria. INFORMS Transactions on Education, 14(3), 109-119. https://doi.org/10.1287/ited.2013.0124
Tofallis, C. / Add or Multiply? A Tutorial on Ranking and Choosing with Multiple Criteria. In: INFORMS Transactions on Education. 2014 ; Vol. 14, No. 3. pp. 109-119.
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Add or Multiply? A Tutorial on Ranking and Choosing with Multiple Criteria. / Tofallis, C.
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Talk face to face on webcam free to naked girls. I never felt so. God, can there be any good?
Beast, born within me wanted more, more, more!
And I gave myself – yes, take it, but still! I no longer felt some tremors in the uterus, all merged into a single, long-running leap into the abyss.
When you fly from a height and do nothing is not possible, then you start to feel the beauty of fall with great speed. This feeling gripped me.
Before my eyes closed was the picture of the engine, flew at full speed into the dark tunnel. Talk face to face on webcam free to naked girls.


Sober 27 years since 6/3/1991, Rick was the current DCM of the District (14C) where the event was held.
Rick grew up in a small town in Wisconsin.
He has been in the chemical industry for many years.
"I did not drink alot, but when I drank, I drank way too much."


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Brighton Music Blog
Brighton Music Blog Advent Calendar / Day 24 / Willkommen Records – Sons of Noel and Adrian – The Miserable Rich – Laish – Emma Gatrill – Redwood Red – Hamilton Yarns and the rest
Posted on 24/12/2012 by brightonmusicblog
It's been a strange year for Brighton's neo-alt-folk-rock collective Willkommen Records. A busy year, but it's felt like a label that's been growing up, some of the kids moving on, some of them moving out…
The Willkommen monster band The Sons of Noel and Adrian released their second album 'Knots' in the Spring, and in spite of building beautifully on the frantic neo-folk rock orchestration of the first album managed to stay well under the radar. A shame, as this band deserve to be heard and are a must-see experience on stage.
They also released a stunning compilation of various singles and odd tracks that found their way onto other things with the bizarre title of 'Your Tunnel That Connects My Arm To A God-Fearing Woman Who Lives In The Dark'. It's a terrific introduction to the band who will be back playing in Brighton on March 1st at the Green Door Store after a short European tour early next year, beginning in London on 15th February.
Check out the video for 'Come Run Fun Stella Baby Mother of the World' from the album Knots, below.
The Sons of course aren't the only child of the collective by far. Most of the band's members feature in other acts associated with the label, all of whom offer a wild variety of musical treats. Some links to check out follow.
Daniel Green's Laish was completely remodelled this year, and features the softer playful side of Martha Rose and Emma Gatrill coupled with a more powerful rocking rhythm section, all in support of Dan's superlative songwriting. Their Obituaries EP this year was a great introduction to their new songs and sound, and judging from their live shows Laish's second album when it drops early in 2013 should be highly anticipated.
To keep you going until then, Laish have a sweet Christmas song 'A Poor Man' Christmas' which is free to download over on bandcamp. It was recorded last Christmas, but Christmas is Christmas, right?
Other adventures from the Willkommen clan this year, included the beautiful harp-driven folksongs of Emma Gatrill, who launched her album 'Chapter 1' in the delightful Church of the Annunciation in Hanover.
Marcus Hamblett has been busy as ever, not least helping out on Emma's album and in producing and playing on the amazing 'The Birdschool of Being Human' album by Woodpecker Wooliams.
Marcus has also edited together a massive 14 minute 'Patchwerk' of music with contributions from pretty much everyone who is associated with the label – it's very beautiful, sounding a bit like one of the early Mothers of Invention albums to my ears, as well as a dozen other things. You can download it for free via Soundcloud – or listen below.
Cathy Cardin has been writing new songs under the moniker Redwood Red. Some of these songs have begun to emerge quietly unannounced but sound beautiful. There's a possible album in the pipeline which will be something extraordinary I think judging from a short live set as part of the alternative Great Escape Festival in May and the few songs over on bandcamp.
The wonderful madcap genius of Hamilton Yarns slipped out yet another album – Calm Down Grandad – apparently more pop and less free jazz, but with the Yarns one always knows any album will not be quite like anything else. And that followed their 32-track double-CD compilation/introduction called 'Are You Still There?' earlier in the year.
And former Willkommen associate and Brighton resident, but now world-roaming minstrel, Rowan Coupland slipped out an album called 'Slow Wave of the Future' which after a series of intriguing EPs represents his first full-length collection. With no promotion to speak of, you could blink and miss it – but don't, because it's a fantastic and highly original achievement, and my album of the year.
Finally, and sadly, at the end of November one of Willkommen's and Brighton's finest bands The Miserable Rich announced they were going to hang up their bows and bells. I guess having produced three stunning albums of beautiful lush string-driven pop songs to only modest interest in the UK (a little more in Germany), there's only so long you can live on praise and kudos alone. Nevertheless, their final gig to a packed house as part of Brighton Source magazine's new music night in November was a fitting send off, and I am sure we will hear new things from the band members soon enough.
This entry was posted in Uncategorized and tagged Alt-Folk, Brighton, Emma Gatrill, Hamilton Yarns, Jon Southcoasting, Labels, Laish, Record Label, Records, Redwood Red, Rowan Coupland, Sons of Noel and Adrian, The Miserable Rich, Willkommen by brightonmusicblog. Bookmark the permalink.
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April Luu: Apex Predator and Elite Spartan Race Competitor
Endurance Sports, Kettlebells, Strength and Conditioning
Have you ever watched a nature documentary and seen the look in a shark's eyes just before it eats the baby seal? Have you ever seen any compassion shown by a lion as it brings down a gazelle? Nature has a way of showing no remorse for the weak or the slow. And the way that these apex predators look at their prey is the same way April Luu looks when she is on the start line.
I've met plenty of physically-talented athletes who never seem to get it all together and make the most of their potential. Then there are a rare few who are just as tough mentally as they are fast and strong physically. Sitting and talking with April about racing you can't help but feel sorry for the rest of the girls on the start line.
April burst onto the scene at Spartan Race, winning two "beast" category races (21km each) over two days – a feat never before accomplished. After that, people started to take notice of her. Fast forward to now and she's won nearly every race she's been in – with a worst result of third – and is leading the women's points going into the Spartan Race season finale in Vermont.
Initially drawn to obstacle course racing (OCR) because she found running boring, April says that it tests a wide range of athletic skills. "Trail running and flat racing you can just condition to perform one thing. I've seen a lot of good runners come to try OCR and fail because they lack the all-round strength you need to get through obstacles."
So how does a personal trainer, group exercise instructor, and mom become the competitive animal she is today?
April actually has a unique history, being the first woman to ever be deployed to a Special Forces unit as a parachute rigger. Prior to her arrival at the 82nd Airborne, it had previously only been the domain of men. As anyone who has been in the military will tell you – if you're a woman in a male dominated field you better be tough and capable, because they're going to test you twice as much as they do the men. Perhaps it was the time in the military that helped her develop her tough mindset, later moving to 10th Special Forces Group before getting out when she discovered she was pregnant with her first child.
When I asked April why Spartan Race, she replied, "Spartan Race challenges you both mentally and physically - it is the ultimate human sport. Not to mention it's exhilarating, gruelling, and competitive." She went on to add that she had initially started OCR as a way to build up clients for her personal training business. That has actually become so successful that she now runs a program called "A Spartan Gives Back" where she trains three of her clients for a race and tracks their progress.
One of the things I particularly like about Spartan Race is that it is a race. You won't find many fancy dress costumes on the start line - people are there to race. But it's not just about fast times either. The race has a code of ethics they swear by and one of the tenets is that "a Spartan leads." When you have your clients following you to crawl through the mud, under barbed wire and climb up ropes, you're doing a good job of leading.
But what I was most interested in was April's training. I've long held the belief that great athletes don't do anything differently than the rest of us other than perform basics at a much higher level. And when we talked training her program was as simple as it needed to be without over simplifying anything. Her strength program consists of basics like deadlifts, squats, single-leg deadlifts, sled work, crawling, and pull-ups.
Having the opportunity to work alongside April at the Spartan Group X course in Salt Lake City, Utah a few months ago I was amazed at her strength-to-weight ratio. One workout saw us outside in the blazing sun doing a variety of bodyweight movements in a circuit. One of those variations was simple push up holds, but with the hold in the bottom position. (Thanks to Joe DiStefano for that evil piece of genius). We all started off on the hot asphalt but as the rounds increased the numbers that could handle the heat of the tarmac decreased. The holds themselves were getting tougher and tougher, but it was the insane heat of the ground that was doing people in.
All except April, that is. She just kept alternately laughing away or swearing and holding that insane position for the entire workout, while we all retreated to the coolness of the grass to continue.
April's running program is no different to her strength plan. With two hard runs per week and a session climbing an insane incline where she lives at 7,000 feet while wearing a weight vest, she focuses on quality rather than quantity to get results. With a background in racing 800s and the 4x400m in college and high school, Aprial has a good history of quality running in her legs. These days she doesn't do track training but she still has time targets for every single run.
In the week leading up to a race April focuses on rest, foam rolling, and eating clean. One of the things she is most careful of is making sure she can always perform at her best. I was impressed by the way she strictly handles her race schedule so that she can peak at every event. In these early days of OCR, I think there are a lot of talented racers giving away victories by competing too often and not recovering adequately in between races. April's strength coach, Aaron Knutson of Max Performance, oversees the entire plan to make sure she is always at the top of her game.
It would be easy when looking at April's record to assume that she is just one of those lucky few who always nails it whenever she competes in anything. But things happen on the course and sometimes even the best stumble and fall, like recently when she took a bad spill in a race and recovered to come third, limping across the line. Speaking with her that week I know she was incredibly upset - not about coming third, but because the slip caused her to race well below her expectations. Said April, "I am always pushing my mind and body to its limits when I train. I have kids of my own and try to lead by example because they are always watching me. I know my weaknesses and work on them - that is the only way to get better."
April's mindset, and perhaps the reason for her success, becomes even more clear through these words that she shared with me: "Realize deeply that the present moment is all you have. Make the NOW your primary focus of your life." - Eckhart Tolle
I'm pretty sure as Spartan Race grows, and the sport of OCR along with it, that we'll be seeing a lot more of April Luu.
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