Paul A. Stewart (SBN 153,467) paul.stewart@knobbe.com || Ali S. Razai (SBN 246,922) 3 ali.razai@knobbe.com Nicole R. Townes (SBN 272,342) □□ nicole.townes@knobbe.com Brandon G. Smith (SBN 307,676) 5 || brandon.smith@knobbe.com 6 KNOBBE, MARTENS, OLSON & BEAR, LLP 2040 Main Street, Fourteenth Floor || Irvine, CA 92614 Telephone: (949) 760-0404 8 || Facsimile: (949) 760-9502 9 Attorneys for Plaintiff 10 simplehuman, LLC 1] || Victor de Gyarfas (SBN 171,950) vdegyarfas@foley.com

FOLEY & LARDNER LLP

B 555 South Flower Street, Suite 3300 Los Angeles, CA 90071 Telephone: (213) 972-4500 Facsimile: (213) 486-0065 15 Attorneys for Defendant 16|| iTouchless Housewares and Products, Inc. 7 IN THE UNITED STATES DISTRICT COURT 18 19 FOR THE CENTRAL DISTRICT OF CALIFORNIA

0 WESTERN DIVISION 21|| SIMPLEHUMAN, LLC, ) Civil Action No. 2:19-cv-02351-R (KSx a California limited liability ) || company, ) PROPOSED! ORDER RE 3 ) STIPULATED PROTECTIVE Plaintiff, ) ORDER 24 ) Vv. ) 25 )

ITOUCHLESS HOUSEWARES )

26|| AND PRODUCTS, INC., ) 4 California corporation, 28 Defendant. )

Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure and based 2! on the parties’ Stipulation for Protective Order (“Stipulation”) filed on 3 September 4, 2019, the terms of the protective order to which the parties have 4|| agreed are adopted as a protective order of this Court (which generally shall 5 |) govern the pretrial phase of this action) except to the extent, as set forth below, 6 || that those terms have been modified by the Court’s amendment of paragraph 7 || 5.2(b) of the Stipulation. g| AGREED TERMS OF THE PROTECTIVE ORDER AS ADOPTED AND 10 MODIFIED BY THE COURT! 11 l. A. PURPOSES AND LIMITATIONS Discovery in this action is likely to involve production of confidential, proprietary, or private information for which special protection from public disclosure and from use for any purpose other than prosecuting this litigation may be warranted. Accordingly, the parties hereby stipulate to and petition the Court to "6 enter the following Stipulated Protective Order. The parties acknowledge that this Order does not confer blanket protections on all disclosures or responses to discovery and that the protection it affords from public disclosure and use extends only to the limited information or items that are entitled to confidential treatment 70 under the applicable legal principles. The parties further acknowledge, as set forth 7 in Section 12.3, below, that this Stipulated Protective Order does not entitle them to file confidential information under seal; Civil Local Rule 79-5 sets forth the

24 25. | 26} The Court’s additions to the agreed terms of the Protective Order are generally indicated in bold 27 typeface, and the Court’s deletions are indicated by lines through the text being deleted. 28

1 || procedures that must be followed and the standards that will be applied when a party 2 || seeks permission from the court to file material under seal. 4 B. GOOD CAUSE STATEMENT 5 This action is likely to involve trade secrets, customer and pricing lists, market || research, and other valuable research, marketing, development, commercial, 7 || financial, technical and/or proprietary information for which special protection from 8 || public disclosure and from use for any purpose other than prosecution of this action is warranted. Such confidential and proprietary materials and information consist 10}| of, among other things, confidential business or financial information, information regarding confidential business practices, or other confidential research, || development, or commercial information (including information implicating privacy || rights of third parties), information otherwise generally unavailable to the public, or which may be privileged or otherwise protected from disclosure under state or federal statutes, court rules, case decisions, or common law. Information such as sales volumes, sales units, costs of goods sold, price structures, business costs, profit margins, customer lists, marketing strategies, and competitive business plans may || need to be disclosed only to a party’s attorneys due to the potential for competitive harm. Accordingly, to expedite the flow of information, to facilitate the prompt || resolution of disputes over confidentiality of discovery materials, to adequately protect information the parties are entitled to keep confidential, to ensure that the 22 || parties are permitted reasonable necessary uses of such material in preparation for 23 || and in the conduct of trial, to address their handling at the end of the litigation, and 24 || serve the ends of justice, a protective order for such information is justified in this 25|| matter. To adequately protect information the parties are entitled to keep || confidential and to prevent competitive harm two tiers of confidentiality 27|| designations “CONFIDENTIAL” and “HIGHLY CONFIDENTIAL- 28 || ATTORNEYS’ EYES ONLY” are required. It is the intent of the parties that ny

|| information will not be designated as confidential for tactical reasons and that || nothing be so designated without a good faith belief that it has been maintained in a 3 || confidential, non-public manner, and there is good cause why it should not be part 4|| of the public record of this case. 6 |} 2. DEFINITIONS 7 2.1 Action: simplehuman, LLC v. iTouchless Housewares and Products, 8 || Inc., No. 2:19-cv-02351-R (KSx) (C.D. Cal) 9 2.2 Challenging Party: a Party or Non-Party that challenges the designation 10\| of information or items under this Order. 11 2.3. “CONFIDENTIAL” Information or Items: information (regardless of 12|| how it is generated, stored or maintained) or tangible things that qualify for | protection under Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause Statement. 15 2.4 “HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES ONLY” Information or Items: information (regardless of how it is generated, stored or || maintained) or tangible things that qualify for protected under Federal Rule of Civil || Procedure 26(c), and as specified above in the Good Cause Statement. Information 19|| may be designated as “HIGHLY CONFIDENTIAL — ATTORNEYS EYES ONLY” 20 || only if, in good faith belief of the Designating Party (defined below) and its Counsel, the information is among that considered to be most sensitive by the Designating || Party, including but not limited to trade secret or other confidential research, 23 || development, financial, or other commercial information. 24 2.5 Counsel: Outside Counsel of Record (as well as their support staff). 25 2.6 Designating Party: a Party or Non-Party that designates information or 26|| items that it produces in disclosures or in responses to discovery as || “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES 28 |} ONLY.”

I 2.7 Disclosure or Discovery Material: all items or information, regardless || of the medium or manner in which it is generated, stored, or maintained (including, 3 || among other things, testimony, transcripts, and tangible things), that are produced or 4|| generated in disclosures or responses to discovery in this matter. 5 2.8 Expert: a person with specialized knowledge or experience in a matter 6 || pertinent to the litigation who has been retained by a Party or its counsel to serve as 7 || an expert witness or as a consultant in this Action. 8 2.9 Non-Party: any natural person, partnership, corporation, association, 9|| or other legal entity not named as a Party to this action. 10 2.10 Outside Counsel of Record: attorneys who are not employees of a party || to this Action but are retained to represent or advise a party to this Action and have || appeared in this Action on behalf of that party or are affiliated with a law firm which | has appeared on behalf of that party, and includes support staff. 14 2.11 Party: any party to this Action, including all of its officers, directors, | employees, consultants, retained experts, and Outside Counsel of Record (and their □□ support staffs). 17 2.12 Producing Party: a Party or Non-Party that produces Disclosure or 18 || Discovery Material in this Action. 19 2.13 Professional Vendors: persons or entities that provide litigation support services (e.g., photocopying, videotaping, translating, preparing exhibits or || demonstrations, and organizing, storing, or retrieving data in any form or medium) 22 || and their employees and subcontractors. 23 2.14 Protected Material: any Disclosure or Discovery Material that is 24|| designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL - || ATTORNEYS’ EYES ONLY.” 26 2.15 Receiving Party: a Party that receives Disclosure or Discovery Material 27 || from a Producing Party. 28

1} 3. SCOPE 2 The protections conferred by this Stipulation and Order cover not only 3|| Protected Material (as defined above), but also (1) any information copied or 4|| extracted from Protected Material; (2) all copies, excerpts, summaries, or 5|| compilations of Protected Material; and (3) any testimony, conversations, or 6 || presentations by Parties or their Counsel that might reveal Protected Material. 7 Any use of Protected Material at trial shall be governed by the orders of the 8 || trial judge. This Order does not govern the use of Protected Material at trial. The 9|| parties acknowledge that compelling reasons supported by specific factual findings are necessary to maintain the “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL 11||— ATTORNEYS’ EYES ONLY” designation during trial proceedings. See Kamakana vy. City and County of Honolulu, 447 F.3d 1172, 1180-81 (9th Cir. 2006) || (distinguishing “good cause” showing for sealing documents produced in discovery 14|| from “compelling reasons” standard when merits-related documents are part of court 15|| record). 16 17| 4. DURATION 18 Even after final disposition of this litigation, the confidentiality obligations imposed by this Order shall remain in effect until a Designating Party agrees 20 || otherwise in writing or a court order otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims and defenses in this Action, with || or without prejudice; and (2) final judgment herein after the completion and 23 || exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action, 24 || including the time limits for filing any motions or applications for extension of time 25 || pursuant to applicable law. 26 | // 27 || // 28 || //

1] 5. DESIGNATING PROTECTED MATERIAL 2 5.1 Exercise of Restraint and Care in Designating Material for Protection. || Each Party or Non-Party that designates information or items for protection under 4|| this Order must take care to limit any such designation to specific material that || qualifies under the appropriate standards. To the extent practicable, the Designating 6 || Party must designate for protection only those parts of material, documents, items, 7 || or oral or written communications that qualify so that other portions of the material, 8 || documents, items, or communications for which protection is not warranted are not 9|| swept unjustifiably within the ambit of this Order. 10 Mass, indiscriminate, or routinized designations are prohibited. Designations that are shown to be clearly unjustified or that have been made for an improper || purpose (e.g., to unnecessarily encumber the case development process or to impose || unnecessary expenses and burdens on other parties) may expose the Designating Party to sanctions. 15 If it comes to a Designating Party’s attention that information or items that it 16|| designated for protection do not qualify for protection, that Designating Party must promptly notify all other Parties that it is withdrawing the inapplicable designation. 18 5.2 Manner and Timing of Designations. Except as otherwise provided in 19} this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 20 || stipulated or ordered, Disclosure or Discovery Material that qualifies for protection under this Order must be clearly so designated before the material is disclosed or 22 || produced. 23 Designation in conformity with this Order requires: 24 (a) for information in documentary form (e.g., paper or electronic || documents, but excluding transcripts of depositions or other pretrial or trial 26 || proceedings), to designate the material as “CONFIDENTIAL” or “HIGHLY 27 || CONFIDENTIAL — ATTORNEYS’ EYES ONLY’, the Producing Party shall affix 28 || at a minimum, the legend “CONFIDENTIAL” (hereinafter “CONFIDENTIAL Lo

legend”) or “HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES ONLY” || (hereinafter “HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES ONLY □□□□□□□□□ 3 || to each page that contains Protected Material. If only a portion or portions of the 4|| material on a page qualifies for protection, the Producing Party also must clearly 5|| identify the protected portion(s) (e.g., by making appropriate markings in the 6 || margins). 7 A Party or Non-Party that makes original documents available for inspection 8 || need not designate them for protection until after the inspecting Party has indicated 9|| which documents it would like copied and produced. During the inspection and before the designation, all of the material made available for inspection shall be || deemed “HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES ONLY.” After the 12|| inspecting Party has identified the documents it wants copied and produced, the || Producing Party must determine which documents, or portions thereof, qualify for protection under this Order. Then, before producing the specified documents, the Producing Party must affix the “CONFIDENTIAL legend” or “HIGHLY 16 |} CONFIDENTIAL — ATTORNEYS’ EYES ONLY legend,” as appropriate, to each 17|| page that contains Protected Material. If only a portion or portions of the material on a page qualifies for protection, the Producing Party also must clearly identify the protected portion(s) (e.g., by making appropriate markings in the margins). 20 (b) for a deposition transcript, the Producing Party shall designate 21|| the transcript as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL -—- 22 || ATTORNEYS’ EYES ONLY” by requesting such treatment thereof either on the 23 || record at the time of the deposition or by written notice to all Outside Counsel of 24 || Record after service of the final deposition transcript. If confidential treatment of a 25 || transcript is requested by a Party by written notice after completion of a deposition, 26 || such written notice shall be provided to all Outside Counsel of Record within 27 || fourteen (14) days after completion and service of the final transcript. Such written 28 || notice shall specifically identify by page and line number all portions of the

|| transcript that should be treated as “CONFIDENTIAL” or “HIGHLY 2|| CONFIDENTIAL — ATTORNEYS’ EYES ONLY” in accordance with this || Stipulated Protective Order. All counsel receiving such notice shall be responsible 4|| for marking the copies of the designated transcript or portion thereof in their || possession or control as provided for in the written notice. The Parties shall not 6 || disseminate a deposition transcript or the contents thereof beyond the persons 7 || designated in Paragraph 7.3 below for a period of fourteen (14) days after completion 8 || and service of the final transcript, except that portions of the transcript may be filed 9|| with an application to file under seal pursuant to Local Rule 79-5w#th+he-Ceurt 10}| in connection with these proceedings. Documents or things used as exhibits at a deposition that a Party desires to be subject to this Stipulated Protective Order shall be separately stamped or marked “CONFIDENTIAL” or “HIGHLY 13 || CONFIDENTIAL — ATTORNEYS’ EYES ONLY.” The Producing Party will have 14|| the right to exclude from attendance at a deposition, during such time as the □□ Protected Material is to be disclosed, any person other than the deponent, counsel, the court reporter, the videographer, designated experts, and any person(s) agreed upon by counsel for the Producing Party. 18 (c) for information produced in some form other than documentary and for any other tangible items, that the Producing Party affix in a prominent place 20 || on the exterior of the container or containers in which the information is stored the 21|| legend “CONFIDENTIAL” or, as appropriate, the legend “HIGHLY 22 || CONFIDENTIAL — ATTORNEYS’ EYES ONLY.” If only a portion or portions of 23 || the information warrants protection, the Producing Party, to the extent practicable, 24 || shall identify the protected portion(s). 25 5.3 Inadvertent Failures to Designate. The inadvertent or unintentional 26 || disclosure by a Party or Non-Party of Disclosure or Discovery Material which it □□ believes should have been designated as “CONFIDENTIAL” or “HIGHLY 28 || CONFIDENTIAL — ATTORNEYS’ EYES ONLY,” regardless of whether it was so °

1 || designated at the time of disclosure, shall not be deemed a waiver in whole or in part □□ of the Party’s or Non-Party’s claim of confidentiality, either as to the specific 3 || information disclosed or as to any other information relating thereto or on the same 4|| or related subject matter, provided that the Party or Non-Party notifies the Receiving 5|| Party as soon as reasonably practicable after discovery of the inadvertent or 6 || unintentional failure to designate but in no event more than 14 business days. Ifa 7 || Party or Non-Party inadvertently or unintentionally produces or discloses Protected 8 || Material without designating it as such, the Party or Non-Party may give written 9|| notice to the Receiving Party or Parties that the Disclosure or Discovery Material is designated “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES ONLY,” and should be treated in accordance with the provisions of this 12|| Stipulated Protective Order. The Receiving Party or Parties must treat such 13|| Disclosure or Discovery Material as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES ONLY,” from the date such notice is received. Disclosure of such Disclosure or Discovery Material, prior to receipt of such notice, to persons not authorized to receive Protected Material shall not be deemed a violation of this Stipulated Protective Order; however, those persons to || whom disclosure was made are to be advised that the Protected Material disclosed is “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES ONLY,” and must be treated in accordance with this Stipulated Protective Order 21 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 23 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 24 || designation of confidentiality at any time that is consistent with the Court’s 25 || Scheduling Order. 26 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 27 || resolution process under Local Rule 37.1 et seq. 28 oO

I 6.3 The burden of persuasion in any such challenge proceeding shall be on 2|| the Designating Party. Frivolous challenges, and those made for an improper || purpose (e.g., to harass or impose unnecessary expenses and burdens on other 4|| parties) may expose the Challenging Party to sanctions. Unless the Designating 5|| Party has waived or withdrawn the confidentiality designation, all parties shall 6 || continue to afford the material in question the level of protection to which it is || entitled under the Producing Party’s designation until the Court rules on the 8 || challenge. 7. ACCESS TO AND USE OF PROTECTED MATERIAL 11 7.1. Basic Principles. A Receiving Party may use Protected Material that is 12|| disclosed or produced by another Party or by a Non-Party in connection with this Action only for prosecuting, defending, or attempting to settle this Action. Such Protected Material may be disclosed only to the categories of persons and under the 15}| conditions described in this Order. When the Action has been terminated, a Receiving Party must comply with the provisions of section 13 below (FINAL

DISPOSITION).

18 Protected Material must be stored and maintained by a Receiving Party at a location and in a secure manner that ensures that access is limited to the persons 20 || authorized under this Order. 21 7.2 Disclosure _of “CONFIDENTIAL” Information or Items. Unless 22 || otherwise ordered by the court or permitted in writing by the Designating Party, a Receiving Party may disclose any information or item designated || “CONFIDENTIAL” only to: 25 (a) the Receiving Party’s Outside Counsel of Record in this Action and other attorneys from Outside Counsel of Record’s law firm, as well as 27 || employees of said Outside Counsel of Record to whom it is reasonably necessary to 28 || disclose the information for this Action; 10

I (b) the officers, directors, and employees of the Receiving Party to 2 || whom disclosure is reasonably necessary for this Action; 3 (c) Experts (as defined in this Order) of the Receiving Party to whom 4|| disclosure is reasonably necessary for this Action and who have signed the 5|| “Acknowledgment and Agreement to Be Bound” (Exhibit A); 6 (d) the court and its personnel; 7 (e) court reporters, videographers, and their staff; 8 (f) professional jury or trial consultants, mock jurors, and 9|| Professional Vendors to whom disclosure is reasonably necessary for this Action and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 12 (g) the author or recipient of a document containing the information or a custodian or other person who otherwise possessed or knew the information; 14 (h) during their depositions, witnesses, and attorneys for witnesses, in the Action to whom disclosure is reasonably necessary provided: (1) the deposing 16|| party requests that the witness sign the form attached as Exhibit A hereto; and (2) they will not be permitted to keep any confidential information unless they sign || the “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 19|| agreed by the Designating Party or ordered by the court. Pages of transcribed 20 || deposition testimony or exhibits to depositions that reveal Protected Material may || be separately bound by the court reporter and may not be disclosed to anyone except 22 || as permitted under this Stipulated Protective Order; and 23 (1) any mediator or settlement officer, and their supporting 24 || personnel, mutually agreed upon by any of the parties engaged in settlement 25 || discussions. 26 7.3. Disclosure of “HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES 27 || ONLY” Information or Items. Unless otherwise ordered by the court or permitted 28 || in writing by the Designating Party, a Receiving Party may disclose any information 11

|| or item designated “HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES ONLY” only to: 3 (a) the Receiving Party’s Outside Counsel of Record in this Action and other attorneys from Outside Counsel of Record’s law firm, as well as employees of said Outside Counsel of Record to whom it is reasonably necessary to || disclose the information for this Action; 7 (b) Experts (as defined in this Order) of the Receiving Party to whom 8 || disclosure is reasonably necessary for this Action and who have signed the 9|| “Acknowledgment and Agreement to Be Bound” (Exhibit A); 10 (c) the court and its personnel; 11 (d) court reporters, videographers, and their staff; 12 (e) professional jury or trial consultants, mock jurors, and Professional Vendors to whom disclosure is reasonably necessary for this Action and who have signed the “Acknowledgment and Agreement to Be Bound” 15 || (Exhibit A); 16 (f) the author or recipient of a document containing the information or a custodian or other person who otherwise possessed or knew the information; || and 19 (g) any mediator or settlement officer, and their supporting || personnel, mutually agreed upon by any of the parties engaged in settlement || discussions. 22 7.4 Procedures for Approving or Objecting to Disclosure of “HIGHLY 23 || CONFIDENTIAL-ATTORNEYS’ EYES ONLY” Material to Experts 24 (a) A party seeking to disclose to an expert retained by Outside 25 || Counsel of Record any information or item that has been designated “HIGHLY 26 || CONFIDENTIAL — ATTORNEYS’ EYES ONLY” must first (1) set forth the full 27 || name of the expert and the city and state of his or her primary residence, (2) attach 28 || a copy of the expert’s current resume, (3) identify the expert’s current employer(s), 1%

1 || (4) identify each person or entity from whom the expert has received compensation 2|| or funding for work in his or her areas of expertise (including in connection with 3 || litigation) in the past five years, and (5) identify (by name and number of the case, filing date, and location of court) any litigation where the expert has offered expert || testimony, including by declaration, report, or testimony at deposition or trial, in the 6 || past five years. If the expert believes any of this information at (3) - (5) is subject to a confidentiality obligation to a third party, then the expert should provide 8 || whatever information the expert believes can be disclosed without violating any 9|| confidentiality agreements, and the party seeking to disclose the information to the expert shall be available to meet and confer with the designator regarding any such confidentiality obligations. 12 (b) A party that makes a request and provides the information specified in Section 7.4(a) may disclose the designated material to the identified expert unless, within seven days of delivering the request, the party receives a written objection from the designator providing detailed grounds for the objection. 16 (c) A Party that receives a timely written objection must meet and confer with the Designating Party (through direct voice-to-voice dialogue) to try to || resolve the matter by agreement within seven days of the written objection. If no 19|| agreement is reached, the Party objecting to the disclosure to the Expert may file a 20 || motion as provided under L.R. 37-1 through L.R. 37-4. 21 (d) In any such proceeding, the Party opposing disclosure to the 22 || Expert shall bear the burden of proving that the risk of harm that the disclosure would 23 || entail (under the safeguards proposed) outweighs the Receiving Party’s need to 24 || disclose the Protected Material to its Expert. 25 || // 26 |} // 27 || // 28 || // 192

1] 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 2 IN OTHER LITIGATION 3 If a Party is served with a subpoena or a court order issued in other litigation 4|| that compels disclosure of any information or items designated in this Action as 5|| “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES 6 || ONLY” that Party must: 7 (a) promptly notify in writing the Designating Party. Such 8 || notification shall include a copy of the subpoena or court order; 9 (b) promptly notify in writing the party who caused the subpoena or order to issue in the other litigation that some or all of the material covered by the || subpoena or order is subject to this Protective Order. Such notification shall include 12|| acopy of this Stipulated Protective Order; and 13 (c) cooperate with respect to all reasonable procedures sought to be 14|| pursued by the Designating Party whose Protected Material may be affected. 15 If the Designating Party timely seeks a protective order, the Party served with the subpoena or court order shall not produce any information designated in this action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL — ATTORNEYS’ || EYES ONLY” before a determination by the court from which the subpoena or order issued, unless the Party has obtained the Designating Party’s permission. The 20 || Designating Party shall bear the burden and expense of seeking protection in that || court of its confidential material and nothing in these provisions should be construed 22 || as authorizing or encouraging a Receiving Party in this Action to disobey a lawful 23 || directive from another court. 24 25} 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 26 PRODUCED IN THIS LITIGATION 27 (a) The terms of this Order are applicable to information produced 28 || by a Non-Party in this Action and designated as “CONFIDENTIAL” or “HIGHLY 1A

1 || CONFIDENTIAL — ATTORNEYS’ EYES ONLY.” Such information produced by 2 || Non-Parties in connection with this litigation is protected by the remedies and relief provided by this Order. Nothing in these provisions should be construed as 4|| prohibiting a Non-Party from seeking additional protections. 5 (b) Inthe event that a Party is required, by a valid discovery request, 6 || to produce a Non-Party’s confidential information in its possession, and the Party is subject to an agreement with the Non-Party not to produce the Non-Party’s 8 || confidential information, then the Party shall: 9 (1) promptly notify in writing the Requesting Party and the Non-Party that some or all of the information requested is subject to a confidentiality || agreement with a Non-Party; 12 (2) promptly provide the Non-Party with a copy of the Stipulated Protective Order in this Action, the relevant discovery request(s), and a reasonably specific description of the information requested; and 15 (3) make the information requested available for inspection by || the Non-Party, if requested. 17 (c) Ifthe Non-Party fails to seek a protective order from this court || within 14 days of receiving the notice and accompanying information, the Receiving Party may produce the Non-Party’s confidential information responsive to the 20 || discovery request. If the Non-Party timely seeks a protective order, the Receiving Party shall not produce any information in its possession or control that is subject to 22 || the confidentiality agreement with the Non-Party before a determination by the 23 || court. Absent a court order to the contrary, the Non-Party shall bear the burden and 24 || expense of seeking protection in this court of its Protected Material. 25 |} // 26 |} // 27 || // 28 || //

7} 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 2 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed || Protected Material to any person or in any circumstance not authorized under this 4|| Stipulated Protective Order, the Receiving Party must immediately (a) notify in || writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 6 || to retrieve all unauthorized copies of the Protected Material, (c) inform the person || or persons to whom unauthorized disclosures were made of all the terms of this 8 || Order, and (d) request such person or persons to execute the “Acknowledgment and || Agreement to Be Bound” that is attached hereto as Exhibit A. 10 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 12 PROTECTIVE MATERIAL 13 The production of privileged or work-product protected documents, electronically stored information or information is not a waiver of the privilege or protection from discovery in this case or in any other federal or state proceeding. 16|| This Order shall be interpreted to provide the maximum protection allowed by Federal Rule of Evidence 502. 18 If a Receiving Party discovers that privileged Disclosure or Discovery 19|| Material has been inadvertently or unintentionally produced, it shall notify the 20 || Producing Party in writing as soon as reasonably practicable after learning of the || inadvertent disclosure but in no event more than 14 business days. Ifa Party through 22 || inadvertence produces or provides Disclosure or Discovery Material which it 23 || believes is subject to a claim of an applicable privilege, the Producing Party may 24 || give written notice to the Receiving Party or Parties that the Disclosure or Discovery 25 || Material is subject to a claim of privilege and request that it be returned to the 26 || Producing Party. If a Producing Party or Non-Party requests the return, pursuant to 27 || this paragraph, of any Disclosure or Discovery Material, the Receiving Party or 28 || Parties shall not use or disclose, and shall immediately return to the Producing Party 14

1 || all copies of such Disclosure or Discovery Material or confirm that all copies have 2|| been destroyed. Return of the Disclosure or Discovery Material by the Receiving || Party shall not constitute an admission or concession, or permit any inference, that 4|| the returned Disclosure or Discovery Material is, in fact, properly subject to a claim 5|| of privilege nor shall it foreclose any Party from moving the court for an order that 6 || such Disclosure or Discovery Material has been improperly designated for reasons 7 || other than a waiver caused by the inadvertent production. 9/12. MISCELLANEOUS 10 12.1 Right to Further Relief. Nothing in this Order abridges the right of any person to seek its modification by the Court in the future. 12.2 Right to Assert Other Objections. By stipulating to the entry of this Protective | Order no Party waives any right it otherwise would have to object to disclosing or producing any information or item on any ground not addressed in this Stipulated Protective Order. Similarly, no Party waives any right to object on any ground to || use in evidence of any of the material covered by this Protective Order. 17 12.3 Filing Protected Material. A Party that seeks to file under seal any || Protected Material must comply with Civil Local Rule 79-5. Protected Material may only be filed under seal pursuant to a court order authorizing the sealing of the 20 || specific Protected Material at issue. If a Party’s request to file Protected Material || under seal is denied by the court, then the Receiving Party may file the information 22 || in the public record unless otherwise instructed by the court. 23 13. FINAL DISPOSITION 25 After the final disposition of this Action, as defined in paragraph 4, within 60 26 || days of a written request by the Designating Party, each Receiving Party must return 27 || all Protected Material to the Producing Party or destroy such material. As used in 28 || this subdivision, “all Protected Material” includes all copies, abstracts, compilations, 17

7 || summaries, and any other format reproducing or capturing any of the Protected || Material. Whether the Protected Material is returned or destroyed, the Receiving 3 || Party must submit a written certification to the Producing Party (and, if not the same □□ person or entity, to the Designating Party) by the 60 day deadline that (1) identifies 5|| (by category, where appropriate) all the Protected Material that was returned or 6 || destroyed and (2) affirms that the Receiving Party has not retained any copies, 7 || abstracts, compilations, summaries or any other format reproducing or capturing any 8 || of the Protected Material. Notwithstanding this provision, Counsel are entitled to || retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert reports, attorney work product, and consultant and expert work product, even if such materials contain Protected Material. Any such archival copies that contain or || constitute Protected Material remain subject to this Protective Order as set forth in 14|| Section 4 (DURATION). 15} 14. Any violation of this Order may be punished by any and all appropriate measures including, without limitation, contempt proceedings and/or monetary 17 sanctions. 18

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

20|| DATED: September 4, 2019 /s/ Nicole R. Townes Paul A. Stewart Ali S. Razai Nicole R. Townes Brandon G. Smith 24 || KNOBBE, MARTENS, OLSON & BEAR, LLP 2040 Main Street, Fourteenth Floor || Irvine, CA 92614 % Telephone: (949) 760-0404 Facsimile: (949) 760-9502 Attorneys for Plaintiff simplehuman, LLC 28 || // 12

DATED: September 4, 2019 || 4s/ Victor de Gyarfas (with permission) Victor de Gyarfas 3 vdegyarfas@foley.com 4|| FOLEY & LARDNER LLP 555 South Flower Street, Suite 3300 5|| Los Angeles, CA 90071 Telephone: (213) 972-4500 6|| Facsimile: (213) 486-0065 7 Attorneys for Defendant g || {Touchless Housewares and Products, Inc.

FILER’S ATTESTATION

10 Pursuant to Local Rule 5-4.3.4 regarding signatures, I hereby attest that Il concurrence in the filing of this document has been obtained from all signatories 12 above. 13 Dated: September 4, 2019 By: /s/ Nicole R. Townes 14 Nicole R. Townes 15 FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 16 17 DATED: September 5, 2019 18 19 TS min L- enensrn_ 20 Honorable Karen L. Stevenson || United States Magistrate Judge 22 23 24 25 26 27 28 10

1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 4 I, [print or type full name], of 6 || [print or type full address], declare under penalty of perjury that I have read in its 7 || entirety and understand the Stipulated Protective Order that was issued by the United 8 || States District Court for the Central District of California on [date] 9|| in the case of simplehuman, LLC vy. iTouchless Housewares and Products, Inc., No. 2:19-cv-02351-R (KSx). I agree to comply with and to be bound by all the terms of || this Stipulated Protective Order and I understand and acknowledge that failure to so || comply could expose me to sanctions and punishment in the nature of contempt. I || solemnly promise that I will not disclose in any manner any information or item that 1s subject to this Stipulated Protective Order to any person or entity except in strict compliance with the provisions of this Order. 16 I further agree to submit to the jurisdiction of the United States District Court for the Central District of California for the purpose of enforcing the terms of this Stipulated Protective Order, even if such enforcement proceedings occur after termination of this action. I hereby appoint [print || or type full name] of [print or type full address and telephone number] as my California agent for service of 22 || process in connection with this action or any proceedings related to enforcement of 23 || this Stipulated Protective Order. 24 || Date: 25 || City and State where sworn and signed: 26 || Printed name: 27 || Signature: 28 yf)