Rambus AT trial (San Francisco, CA)

Stipulation And Protective Order (Filed 5/12/05)

Rambus, Micron and Hynix stipulated and Judge Richard A. Kramer “so ordered” a procedure to protect certain documents, testimony and information confidential from the public (though not from each other) if the disclosure would be detrimental to a legitimate commercial or business interest.

The stipulation and order reads like a gentleman’s agreement to keep pretty much everything any party “in good faith” wants to designate “Confidential” or “Highly Confidential” just that until trial. If a failure to designate properly is discovered after the material has been delivered to another party, a letter fixes the error and the recipient is duty-bound to return the material (including any copies) for proper markings.

At trial, all bets are off. The party wishing to keep away the prying eyes of competitors, shareholders or the taxpayers who are footing the salary of the judge, staff and to keep the lights on in the courtroom, must convince the judge the earlier confidential designation is appropriate for the furtherance of justice.

The designation of “Confidential” is for what appears to be routine secrets. The designation of “Highly Confidential” is for the really good stuff – competitively sensitive secrets.

“Highly Confidential” material will be followed by one of two additional designations - “IP” or “BP”. Highly Confidential IP (Intellectual Property) can be seen by certain pre-named individuals for each party. The same applies to Highly Confidential BP (Business Property).

For example, John Danforth – Senior VP & General Counsel for Rambus can take a peek at Highly Confidential Litigation Materials not designated as Highly Confidential – BP. Whereas Rambus Patent Counsel, Paul Anderson, can not see materials designated by other parties as Highly Confidential – IP.

Stay tuned . . .