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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 _____________ 11 12 WONDERLAND NURSERYGOODS Case No. 5:14-cv-01153-JWH(SPx)

CO., LTD.,

13

MODIFIED PROTECTIVE

Plaintiff, ORDER 14 v. 15

BABY TREND, INC., DENNY TSAI,

16 and BETTY TSAI, 17 Defendant. 18 19 Plaintiff Wonderland Nurserygoods Co., Ltd. (“Plaintiff”) and Defendant 20 Baby Trend, Inc. (“Defendant”) anticipate that documents, testimony, or 21 information containing or reflecting confidential, proprietary, trade secret, and/or 22 commercially sensitive information are likely to be disclosed or produced during 23 the course of discovery, initial disclosures, and supplemental disclosures in this 24 case and request that the Court enter this Order setting forth the conditions for 25 treating, obtaining, and using such information. 26 Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, the Court 27 finds good cause for the following Agreed Protective Order Regarding the 28 Disclosure and Use of Discovery Materials (“Order” or “Protective Order”).

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1 1. PURPOSES AND LIMITATIONS 2 1.1. Protected Material designated under the terms of this Protective Order 3 shall be used by a Receiving Party solely for this case, and shall not be used 4 directly or indirectly for any other purpose whatsoever. 5 1.2. The Parties acknowledge that this Order does not confer blanket 6 protections on all disclosures during discovery, or in the course of making initial or 7 supplemental disclosures under Rule 26(a). Designations under this Order shall be 8 made with care and shall not be made absent a good faith belief that the designated 9 material satisfies the criteria set forth below. If it comes to a Producing Party’s 10 attention that designated material does not qualify for protection at all, or does not 11 qualify for the level of protection initially asserted, the Producing Party must 12 promptly notify all other Parties that it is withdrawing or changing the designation. 13 2. DEFINITIONS 14 2.1. “Discovery Material” means all items or information, including from 15 any non-party, regardless of the medium or manner generated, stored, or maintained 16 (including, among other things, testimony, transcripts, or tangible things) that are 17 produced, disclosed, or generated in connection with discovery or Rule 26(a) 18 disclosures in this case. 19 2.2. “Outside Counsel” means (i) outside counsel who appear on the 20 pleadings as counsel for a Party and (ii) partners, associates, and staff of such 21 counsel to whom it is reasonably necessary to disclose the information for this 22 litigation. 23 2.3. “Patent-in-suit” means U.S. Reissue Patent No. 43,919 and any other 24 patent asserted in this action, as well as any related patents, patent applications, 25 provisional patent applications, continuations, and/or divisionals. 26 2.4. “Party” means any party to this case, including all of its officers, 27 directors, employees, consultants, retained experts, and outside counsel and their 28 support staffs.

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1 2.5. “Producing Party” means any Party or non-party that discloses or 2 produces any Discovery Material in this case. 3 2.6. “Protected Material” means any Discovery Material that is designated 4 as “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” as 5 provided for in this Order. Protected Material shall not include: (i) advertising 6 materials that have been actually published or publicly disseminated; and (ii) 7 materials that show on their face they have been disseminated to the public. 8 2.7. “Receiving Party” means any Party who receives Discovery Material 9 from a Producing Party. 10 3. COMPUTATION OF TIME 11 The computation of any period of time prescribed or allowed by this Order 12 shall be governed by the provisions for computing time set forth in Rule 6 of the 13 Federal Rules of Civil Procedure. 14 4. SCOPE 15 4.1. The protections conferred by this Order cover not only Discovery 16 Material governed by this Order as addressed herein, but also any information 17 copied or extracted therefrom, as well as all copies, excerpts, summaries, or 18 compilations thereof, plus testimony, conversations, or presentations by Parties or 19 their counsel in court or in other settings that might reveal Protected Material. 20 4.2. Nothing in this Protective Order shall prevent or restrict a Producing 21 Party’s own disclosure or use of its own Protected Material for any purpose, and 22 nothing in this Order shall preclude any Producing Party from showing its Protected 23 Material to an individual who prepared the Protected Material. 24 4.3. Nothing in this Order shall be construed to prejudice any Party’s right 25 to use any Protected Material in court or in any court filing with the consent of the 26 Producing Party or by order of the Court. 27 4.4. This Order is without prejudice to the right of any Party to seek further 28 or additional protection of any Discovery Material or to modify this Order in any

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1 way, including, without limitation, an order that certain matter not be produced at 2 all. 3 5. DURATION 4 Even after the termination of this case, the confidentiality obligations 5 imposed by this Order shall remain in effect until a Producing Party agrees 6 otherwise in writing or a court order otherwise directs. 7 6. ACCESS TO AND USE OF PROTECTED MATERIAL 8 6.1. Basic Principles 9 All Protected Material shall be used solely for this case or any related 10 appellate proceeding, and not for any other purpose whatsoever, including without 11 limitation any other litigation, patent prosecution or acquisition, patent 12 reexamination or reissue proceedings, or any business or competitive purpose or 13 function. Protected Material shall not be distributed, disclosed or made available to 14 anyone except as expressly provided in this Order. 15 6.2. Patent Prosecution Bar 16 Absent the written consent of the Producing Party, any person who receives 17 one or more items designated “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” 18 shall not be involved, directly or indirectly, in any of the following activities: 19 advising on, consulting on, preparing, prosecuting, drafting, editing, and/or 20 amending of patent applications, specifications, claims, and/or responses to office 21 actions, or otherwise affecting, in any way, the scope of claims in patent 22 applications relating to the functionality, operation, and design of baby cribs 23 (generally or as described in the Patent-in-suit), before any foreign or domestic 24 agency, including the United States Patent and Trademark Office. However, to 25 avoid any doubt, “prosecution” as used in this paragraph does not include 26 representing a party challenging a patent before a domestic or foreign agency 27 (including, but not limited to, a reissue protest, ex parte reexamination, inter partes 28 reexamination, inter partes review, or other forms of post-grant review). These

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1 prohibitions shall begin when access to “CONFIDENTIAL – ATTORNEYS’ 2 EYES ONLY” materials are first produced by a Producing Party, and shall end two 3 (2) years after the final resolution of this action, including all appeals. 4 6.3. Secure Storage 5 Protected Material must be stored and maintained by a Receiving Party at a 6 location and in a secure manner that ensures that access is limited to the persons 7 authorized under this Order. 8 6.4. Legal Advice Based on Protected Material 9 Nothing in this Protective Order shall be construed to prevent counsel from 10 advising their clients with respect to this case based in whole or in part upon 11 Protected Materials, provided counsel does not disclose the Protected Material itself 12 except as provided in this Order. 13 6.5. Limitations 14 Nothing in this Order shall restrict in any way a Producing Party’s use or 15 disclosure of its own Protected Material. Nothing in this Order shall restrict in any 16 way the use or disclosure of Discovery Material by a Receiving Party: (i) that is or 17 has become publicly known through no fault of the Receiving Party; (ii) that is 18 lawfully acquired by or known to the Receiving Party independent of the Producing 19 Party; (iii) that is previously produced, disclosed and/or provided by the Producing 20 Party to the Receiving Party or a non-party without an obligation of confidentiality 21 and not by inadvertence or mistake; (iv) with the consent of the Producing Party; or 22 (v) pursuant to order of the Court. 23 7. DESIGNATING PROTECTED MATERIAL 24 7.1. Available Designations 25 Any Producing Party may designate Discovery Material with any of the 26 following designations, provided that it meets the requirements for such 27 designations as provided for herein: “CONFIDENTIAL” or “CONFIDENTIAL - 28 ATTORNEYS’ EYES ONLY.”

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1 7.2. Written Discovery and Documents and Tangible Things 2 Written discovery, documents (which include “electronically stored 3 information,” as that phrase is used in Rule 34 of the Federal Rules of Civil 4 Procedure), and tangible things that meet the requirements for the confidentiality 5 designations listed in Paragraph 7.1 may be so designated by placing the 6 appropriate designation on every page of the written material prior to production. 7 For digital files being produced, the Producing Party may mark each viewable page 8 or image with the appropriate designation, and mark the medium, container, and/or 9 communication in which the digital files were contained. In the event that original 10 documents are produced for inspection, the original documents shall be presumed 11 “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” during the inspection and re- 12 designated, as appropriate during the copying process. 13 7.3. Native Files 14 Where electronic files and documents are produced in native electronic 15 format, such electronic files and documents shall be designated for protection under 16 this Order by appending to the file names or designators information indicating 17 whether the file contains “CONFIDENTIAL” or “CONFIDENTIAL – 18 ATTORNEYS’ EYES ONLY” material, or shall use any other reasonable method 19 for so designating Protected Materials produced in electronic format. When 20 electronic files or documents are printed for use at deposition, in a court 21 proceeding, or for provision in printed form to an expert or consultant pre-approved 22 pursuant to Paragraph 12, the party printing the electronic files or documents shall 23 affix a legend to the printed document corresponding to the designation of the 24 Designating Party and including the production number and designation associated 25 with the native file. 26 7.4. Depositions and Testimony 27 Parties or testifying persons or entities may designate depositions and other 28 testimony with the appropriate designation by indicating on the record at the time

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1 the testimony is given or by sending written notice of how portions of the transcript 2 of the testimony is designated within thirty (30) days of receipt of the transcript of 3 the testimony. If no indication on the record is made, all information disclosed 4 during a deposition shall be deemed “CONFIDENTIAL – ATTORNEYS’ EYES 5 ONLY” until the time within which it may be appropriately designated as provided 6 for herein has passed. Any Party that wishes to disclose the transcript, or 7 information contained therein, may provide written notice of its intent to treat the 8 transcript as non-confidential, after which time, any Party that wants to maintain 9 any portion of the transcript as confidential must designate the confidential portions 10 within thirty (30) days, or else the transcript may be treated as non-confidential. 11 Any Protected Material that is used in the taking of a deposition shall remain 12 subject to the provisions of this Protective Order, along with the transcript pages of 13 the deposition testimony dealing with such Protected Material. In such cases the 14 court reporter shall be informed of this Protective Order and shall be required to 15 operate in a manner consistent with this Protective Order. In the event the 16 deposition is videotaped, the original and all copies of the videotape shall be 17 marked by the video technician to indicate that the contents of the videotape are 18 subject to this Protective Order, substantially along the lines of “This videotape 19 contains confidential testimony used in this case and is not to be viewed or the 20 contents thereof to be displayed or revealed except pursuant to the terms of the 21 operative Protective Order in this matter or pursuant to written stipulation of the 22 parties.” Counsel for any Producing Party shall have the right to exclude from oral 23 depositions, other than the deponent, deponent’s counsel, the reporter and 24 videographer (if any), any person who is not authorized by this Protective Order to 25 receive or access Protected Material based on the designation of such Protected 26 Material. Such right of exclusion shall be applicable only during periods of 27 examination or testimony regarding such Protected Material. 28 8. DISCOVERY MATERIAL DESIGNATED AS “CONFIDENTIAL”

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1 8.1. A Producing Party may designate Discovery Material as 2 “CONFIDENTIAL” if it contains or reflects confidential, proprietary, and/or 3 commercially sensitive information. 4 8.2. Unless otherwise ordered by the Court, Discovery Material designated 5 as “CONFIDENTIAL” may be disclosed only to the following: 6 i. The Receiving Party’s Outside Counsel, such counsel’s 7 immediate paralegals and staff, and any copying or clerical litigation support 8 services working at the direction of such counsel, paralegals, and staff; 9 ii. Not more than three (3) representatives of the Receiving Party 10 who are officers or employees of the Receiving Party, who may be, but need not be, 11 in-house counsel for the Receiving Party, as well as their immediate paralegals and 12 staff, to whom disclosure is reasonably necessary for this case, provided that each 13 such person has agreed to be bound by the provisions of the Protective Order by 14 signing a copy of Exhibit A (“Agreement to Be Bound by Protective Order,” 15 attached hereto) and the Receiving Party serve the signed copy of Exhibit A to the 16 Producing Party before disclosure; 17 iii. Any outside expert or consultant retained by the Receiving Party 18 to assist in this action, provided that disclosure is only to the extent necessary to 19 perform such work; and provided that: (a) such expert or consultant has agreed to 20 be bound by the provisions of the Protective Order by signing a copy of Exhibit A; 21 (b) such expert or consultant is not a current officer, director, or employee of a 22 Party or of a competitor of a Party, nor anticipated at the time of retention to 23 become an officer, director or employee of a Party or of a competitor of a Party; 24 and (c) no unresolved objections to such disclosure exist after proper notice has 25 been given to all Parties as set forth in Paragraph 10 below; 26 iv. Court reporters, stenographers and videographers retained to 27 record testimony taken in this action; 28 v. The Court, jury, and court personnel;

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1 vi. Graphics, translation, design, and/or trial consulting personnel, 2 having first agreed to be bound by the provisions of the Protective Order by signing 3 a copy of Exhibit A; 4 vii. Mock jurors who have signed an undertaking or agreement 5 agreeing not to publicly disclose Protected Material and to keep any information 6 concerning Protected Material confidential; 7 viii. Any mediator who is assigned to hear this matter, and his or her 8 staff, subject to their agreement to maintain confidentiality to the same degree as 9 required by this Protective Order; and 10 ix. Any other person with the prior written consent of the Producing 11 Party. 12 9. DISCOVERY MATERIAL DESIGNATED AS “CONFIDENTIAL – 13 ATTORNEYS’ EYES ONLY” 14 9.1. A Producing Party may designate Discovery Material as 15 “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” if it contains or reflects 16 information that is extremely confidential and/or sensitive in nature and the 17 Producing Party reasonably believes that the disclosure of such Discovery Material 18 is likely to cause economic harm or significant competitive disadvantage to the 19 Producing Party. The Parties agree that the following information, if non-public, 20 shall be presumed to merit the “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” 21 designation: trade secrets, pricing information, financial data, sales information, 22 sales or marketing forecasts or plans, business plans, sales or marketing strategy, 23 product development information, engineering documents, testing documents, 24 employee information, and other non-public information of similar competitive and 25 business sensitivity. 26 9.2. Unless otherwise ordered by the Court, Discovery Material designated 27 as “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” may be disclosed only to: 28 i. The Receiving Party’s Outside Counsel, and such Outside

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Case 5:14-cv-01153-JWH-SP Document 402 Filed 07/01/22 Page 10 of 21 Page ID #:26401 1 Counsel’s immediate paralegals and staff, and any copying or clerical litigation 2 support services working at the direction of such counsel, paralegals, and staff; 3 ii. Any outside expert or consultant retained by the Receiving Party 4 to assist in this action, provided that disclosure is only to the extent necessary to 5 perform such work; and provided that: (a) such expert or consultant has agreed to 6 be bound by the provisions of the Protective Order by signing a copy of Exhibit A; 7 (b) such expert or consultant is not a current officer, director, or employee of a 8 Party or of a competitor of a Party, nor anticipated at the time of retention to 9 become an officer, director, or employee of a Party or of a competitor of a Party; (c) 10 such expert or consultant is not involved in competitive decision-making, as 11 defined by U.S. Steel v. United States, 730 F.2d 1465, 1468 n.3 (Fed. Cir. 1984), on 12 behalf of a Party or a competitor of a Party; and (d) no unresolved objections to 13 such disclosure exist after proper notice has been given to all Parties as set forth in 14 Paragraph 10 below; 15 iii. Court reporters, stenographers and videographers retained to 16 record testimony taken in this action; 17 iv. The Court, jury, and court personnel; 18 v. Graphics, translation, design, and/or trial consulting personnel, 19 having first agreed to be bound by the provisions of the Protective Order by signing 20 a copy of Exhibit A; 21 vi. Any mediator who is assigned to hear this matter, and his or her 22 staff, subject to their agreement to maintain confidentiality to the same degree as 23 required by this Protective Order; and 24 vii. Any other person with the prior written consent of the Producing 25 Party. 26 9.3. Officers or employees of the Receiving Party, who may be, but need 27 not be, in-house counsel or general managers for the Receiving Party, as well as 28 their immediate paralegals and staff, may not receive any document designated by

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Case 5:14-cv-01153-JWH-SP Document 402 Filed 07/01/22 Page 11 of 21 Page ID #:26402 1 the Producing Party as “CONFIDENTIAL – ATTORNEYS’ EYES ONLY”. 2 However, one (1) officer or employee of the Receiving Party, including but not 3 limited to in-house counsel or general managers, may receive a verbal summary 4 from Outside Counsel of the following categories of information if designated 5 “CONFIDENTIAL – ATTORNEYS’ EYES ONLY”: (1) monthly and annual sales 6 volume; (2) monthly and annual number of units sold; (3) sales price; and (4) 7 profits per sale. 8 10. NOTICE OF DISCLOSURE 9 10.1. Prior to disclosing any Protected Material to any person described in 10 Paragraphs 8.2(iii) or 9.2(ii) (hereinafter the “Person”), the Party seeking to 11 disclose such information shall provide the Producing Party with written notice that 12 includes: (i) the name of the Person; (ii) the present employer and title of the 13 Person; (iii) an identification of all of the Person’s past and current employment and 14 consulting relationships, including direct relationships and relationships through 15 entities owned or controlled by the Person; (iv) an up-to-date curriculum vitae of 16 the Person; and (v) a list of the cases in which the Person has testified at deposition 17 or trial within the last five (5) years. Said written notice shall include an 18 identification of any individual or entity with or for whom the person is employed 19 or to whom the person provides consulting services relating to the design, 20 development, operation, or patenting of baby cribs, or relating to the acquisition of 21 intellectual property assets relating to baby cribs. The Party seeking to disclose 22 Protected Material shall provide such other information regarding the Person’s 23 professional activities reasonably requested by the Producing Party for it to evaluate 24 whether good cause exists to object to the disclosure of Protected Material to the 25 outside expert or consultant. During the pendency of and for a period of two (2) 26 years after the final resolution of this action, including all appeals, the Party seeking 27 to disclose Protected Material shall immediately provide written notice of any 28 change with respect to the Person’s involvement in the design, development,

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Case 5:14-cv-01153-JWH-SP Document 402 Filed 07/01/22 Page 12 of 21 Page ID #:26403 1 operation or patenting of baby cribs, or the acquisition of intellectual property 2 assets relating to baby cribs. 3 10.2. Within five (5) business days of receipt of the disclosure of the Person, 4 the Producing Party or Parties may object in writing to the Person for good cause. 5 In the absence of an objection at the end of the five (5) business-day period, the 6 Person shall be deemed approved under this Protective Order. There shall be no 7 disclosure of Protected Material to the Person prior to expiration of this five (5) 8 business-day period. If the Producing Party objects to disclosure to the Person 9 within such five (5) business-day period, the Parties shall meet and confer via 10 telephone or in person within five (5) business days following the objection and 11 attempt in good faith to resolve the dispute on an informal basis. If the dispute is 12 not resolved, the Party objecting to the disclosure will have five (5) business days 13 from the date of the meet and confer to seek relief from the Court. If relief is not 14 sought from the Court within that time, the objection shall be deemed withdrawn. 15 If relief is sought, designated materials shall not be disclosed to the Person in 16 question until the Court resolves the objection. 17 10.3. For purposes of this section, “good cause” shall include an objectively 18 reasonable concern that the Person will, advertently or inadvertently, use or disclose 19 Discovery Materials in a way or ways that are inconsistent with the provisions 20 contained in this Order. 21 10.4. Prior to receiving any Protected Material under this Order, the Person 22 must execute a copy of Exhibit A and serve it on all Parties. 23 10.5. Only upon a material omission of information required by Paragraph 24 10.1 that would result in serious prejudice or business injury to a Party who did not 25 initially object to access by that Person may the non-objecting Party later object to 26 continued access by that Person. Any such later objection must be made in writing 27 within three (3) business days of learning of the material omission of information. 28 If such an objection is made, the Parties shall meet and confer via telephone or in

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Case 5:14-cv-01153-JWH-SP Document 402 Filed 07/01/22 Page 13 of 21 Page ID #:26404 1 person within three (3) business days following the objection and attempt in good 2 faith to resolve the dispute informally. If the dispute is not resolved, the Party 3 objecting to the disclosure will have three (3) business days from the date of the 4 meet and confer to seek relief from the Court. The designated Person may continue 5 to have access to information that was provided to such Person prior to the date of 6 the objection. If a later objection is made, no further Protected Material shall be 7 disclosed to the Person until the Court resolves the matter or the Producing Party 8 withdraws its objection. Notwithstanding the foregoing, if the Producing Party fails 9 to move for a protective order within three (3) business days after the meet and 10 confer, further Protected Material may thereafter be provided to the Person. If a 11 later objection is made within a month of any deadline involving the Person to 12 whom Protected Material is not able to be shown as a result of the objection, the 13 parties agree to work together in good faith to extend such deadline to permit time 14 for the Court to rule on the objection and/or the Person (e.g., expert) to be replaced. 15 11. CHALLENGING DESIGNATIONS OF PROTECTED MATERIAL 16 11.1. A Party shall not be obligated to challenge the propriety of any 17 designation of Discovery Material under this Order at the time the designation is 18 made, and a failure to do so shall not preclude a subsequent challenge thereto. 19 11.2. Any challenge to a designation of Discovery Material under this Order 20 shall be written, shall be served on outside counsel for the Producing Party, shall 21 particularly identify the documents or information that the Receiving Party 22 contends should be differently designated, and shall state the grounds for the 23 objection. Thereafter, further protection of such material shall be resolved in 24 accordance with the following procedures: 25 11.2.1. The objecting Party shall have the burden of conferring 26 either in person, in writing, or by telephone with the Producing Party claiming 27 protection (as well as any other interested party) in a good faith effort to resolve the 28 dispute. The Producing Party shall have the burden of justifying the disputed

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Case 5:14-cv-01153-JWH-SP Document 402 Filed 07/01/22 Page 14 of 21 Page ID #:26405 1 designation; 2 11.2.2. Failing agreement, the objecting Party may bring a 3 motion to the Court for a ruling that the Discovery Material in question is not 4 entitled to the status and protection of the Producing Party’s designation. The 5 Parties’ entry into this Order shall not preclude or prejudice either Party from 6 arguing for or against any designation, establish any presumption that a particular 7 designation is valid, or alter the burden of proof that would otherwise apply in a 8 dispute over discovery or disclosure of information; 9 11.2.3. Notwithstanding any challenge to a designation, the 10 Discovery Material in question shall continue to be treated as designated under this 11 Order until one of the following occurs: (a) the Party who designated the 12 Discovery Material in question withdraws such designation in writing; or (b) the 13 Court rules that the Discovery Material in question is not entitled to the designation. 14 12. SUBPOENAS OR COURT ORDERS 15 If at any time Protected Material is subpoenaed by any court, arbitral, 16 administrative, or legislative body, the Party to whom the subpoena or other request 17 is directed shall immediately give prompt written notice thereof to every Party who 18 has produced such Discovery Material and to its counsel and shall provide each 19 such Party with an opportunity to move for a protective order regarding the 20 production of Protected Materials implicated by the subpoena. 21 13. FILING PROTECTED MATERIAL 22 13.1. Absent written permission from the Producing Party or a court Order 23 secured after appropriate notice to all interested persons, a Receiving Party may not 24 file or disclose in the public record any Protected Material. 25 13.2. No provision in this Order is intended to provide for the prospective 26 filing of Protected Material under seal with the Court. Any Party intending to file 27 under seal with the Court any Protected Material designated as “CONFIDENTIAL” 28 or “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” shall comply with the

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Case 5:14-cv-01153-JWH-SP Document 402 Filed 07/01/22 Page 15 of 21 Page ID #:26406 1 requirements of Local Civil Rule 79-5. 2 14. INADVERTENT DISCLOSURE OF PRIVILEGED MATERIAL 3 14.1. The inadvertent production by a Party of Discovery Material subject to 4 the attorney-client privilege, work-product protection, or any other applicable 5 privilege or protection, despite the Producing Party’s reasonable efforts to prescreen 6 such Discovery Material prior to production, will not waive the applicable privilege 7 and/or protection if a request for return of such inadvertently produced Discovery 8 Material is made promptly after the Producing Party learns of its inadvertent 9 production. 10 14.2. Upon a request from any Producing Party who has inadvertently 11 produced Discovery Material that it believes is privileged and/or protected, each 12 Receiving Party shall immediately return such Protected Material or Discovery 13 Material and all copies to the Producing Party, except for any pages containing 14 privileged markings by the Receiving Party which shall instead be destroyed and 15 certified as such by the Receiving Party to the Producing Party. 16 14.3. Nothing herein shall prevent the Receiving Party from preparing a 17 record for its own use containing the date, author, addresses, and topic of the 18 inadvertently produced Discovery Material and such other information as is 19 reasonably necessary to identify the Discovery Material and describe its nature to 20 the Court in any motion to compel production of the Discovery Material. 21 15. INADVERTENT FAILURE TO DESIGNATE PROPERLY 22 15.1. The inadvertent failure by a Producing Party to designate Discovery 23 Material as Protected Material with one of the designations provided for under this 24 Order shall not waive any such designation provided that the Producing Party 25 notifies all Receiving Parties that such Discovery Material is protected under one of 26 the categories of this Order within five (5) business days of the Producing Party 27 learning of the inadvertent failure to designate. The Producing Party shall 28 reproduce the Protected Material with the correct confidentiality designation within

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Case 5:14-cv-01153-JWH-SP Document 402 Filed 07/01/22 Page 16 of 21 Page ID #:26407 1 five (5) business days upon its notification to the Receiving Parties. Upon 2 receiving the Protected Material with the correct confidentiality designation, the 3 Receiving Parties shall return or securely destroy, at the Producing Party’s option, 4 all Discovery Material that was not designated properly. 5 15.2. A Receiving Party shall not be in breach of this Order for any use of 6 such Discovery Material before the Receiving Party receives such notice that such 7 Discovery Material is protected under one of the categories of this Order, unless an 8 objectively reasonable person would have realized that the Discovery Material 9 should have been appropriately designated with a confidentiality designation under 10 this Order. Once a Receiving Party has received notification of the correct 11 confidentiality designation for the Protected Material with the correct 12 confidentiality designation, the Receiving Party shall treat such Discovery Material 13 (subject to the exception in Paragraph 15.3 below) at the appropriately designated 14 level pursuant to the terms of this Order. 15 15.3. Notwithstanding the above, a subsequent designation of 16 “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” shall 17 apply on a going-forward basis and shall not disqualify anyone who reviewed 18 “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” 19 materials while the materials were not marked “CONFIDENTIAL” or 20 “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” from engaging in the 21 activities set forth in Paragraph 6.2. 22 16. INADVERTENT DISCLOSURE NOT AUTHORIZED BY ORDER 23 16.1. In the event of a disclosure of any Discovery Material pursuant to this 24 Order to any person or persons not authorized to receive such disclosure under this 25 Protective Order, the Party responsible for having made such disclosure, and each 26 Party with knowledge thereof, shall immediately notify counsel for the Producing 27 Party whose Discovery Material has been disclosed and provide to such counsel all 28 known relevant information concerning the nature and circumstances of the

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Case No. 5:14-cv-01153-JWH(SPx)

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Case 5:14-cv-01153-JWH-SP Document 402 Filed 07/01/22 Page 17 of 21 Page ID #:26408 1 disclosure. The responsible disclosing Party shall also promptly take all reasonable 2 measures to retrieve the improperly disclosed Discovery Material and to ensure that 3 no further or greater unauthorized disclosure and/or use thereof is made 4 16.2. Unauthorized or inadvertent disclosure does not change the status of 5 Discovery Material or waive the right to hold the disclosed document or 6 information as Protected. 7 17. FINAL DISPOSITION 8 17.1. Not later than ninety (90) days after the Final Disposition of this case, 9 each Party shall return all Discovery Material of a Producing Party to the respective 10 outside counsel of the Producing Party or destroy such Material, at the option of the 11 Producing Party. For purposes of this Order, “Final Disposition” occurs after an 12 order, mandate, or dismissal finally terminating the above-captioned action with 13 prejudice, including all appeals. 14 17.2. All Parties that have received any such Discovery Material shall 15 certify in writing that all such materials have been returned to the respective outside 16 counsel of the Producing Party or destroyed. Notwithstanding the provisions for 17 return of Discovery Material, outside counsel may retain one set of pleadings, 18 correspondence and attorney and consultant work product (but not document 19 productions) for archival purposes. 20 18. MISCELLANEOUS 21 18.1. Right to Further Relief 22 Nothing in this Order abridges the right of any person to seek its 23 modification by the Court in the future. By stipulating to this Order, the Parties do 24 not waive the right to argue that certain material may require additional or different 25 confidentiality protections than those set forth herein. 26 18.2. Termination of Matter and Retention of Jurisdiction 27 The Parties agree that the terms of this Protective Order shall survive and 28 remain in effect after the Final Determination of the above-captioned matter. The

PROPOSED MODIFIED PROTECTIVE ORDER

Case No. 5:14-cv-01153-JWH(SPx)

U S.350894898.01

Case 5:14-cv-01153-JWH-SP Document 402 Filed 07/01/22 Page 18 of 21 Page ID #:26409 1 Court shall retain jurisdiction after Final Determination of this matter to hear and 2 resolve any disputes arising out of this Protective Order. 3 18.3. Successors 4 This Order shall be binding upon the Parties hereto, their attorneys, and their 5 successors, executors, personal representatives, administrators, heirs, legal 6 representatives, assigns, subsidiaries, divisions, employees, agents, retained 7 consultants and experts, and any persons or organizations over which they have 8 direct control. 9 18.4. Right to Assert Other Objections 10 By stipulating to the entry of this Protective Order, no Party waives any right 11 it otherwise would have to object to disclosing or producing any information or 12 item. Similarly, no Party waives any right to object on any ground to use in 13 evidence of any of the material covered by this Protective Order. This Order shall 14 not constitute a waiver of the right of any Party to claim in this action or otherwise 15 that any Discovery Material, or any portion thereof, is privileged or otherwise non 16 discoverable, or is not admissible in evidence in this action or any other proceeding. 17 18.5. Burdens of Proof 18 Notwithstanding anything to the contrary above, nothing in this Protective 19 Order shall be construed to change the burdens of proof or legal standards 20 applicable in disputes regarding whether particular Discovery Material is 21 confidential, which level of confidentiality is appropriate, whether disclosure 22 should be restricted, and if so, what restrictions should apply. 23 18.6. Modification by Court 24 This Order is subject to further court order based upon public policy or other 25 considerations, and the Court may modify this Order sua sponte in the interests of 26 justice. The United States District Court for the Central District of California is 27 responsible for the interpretation and enforcement of this Order. All disputes 28 concerning Protected Material, however designated, produced under the protection

PROPOSED MODIFIED PROTECTIVE ORDER

Case No. 5:14-cv-01153-JWH(SPx)

U S.350894898.01

Case 5:14-cv-01153-JWH-SP Document 402 Filed 07/01/22 Page 19 of 21 Page ID #:26410 1 of this Order shall be resolved by the United States District Court for the Central 2 District of California. 3 18.7. Discovery Rules Remain Unchanged 4 Nothing herein shall alter or change in any way the discovery provisions of 5 the Federal Rules of Civil Procedure, the Local Rules for the United States District 6 Court for the Central District of California, or the Court’s own orders. 7 Identification of any individual pursuant to this Protective Order does not make that 8 individual available for deposition or any other form of discovery outside of the 9 restrictions and procedures of the Federal Rules of Civil Procedure, the Local Rules 10 for the United States District Court for the Central District of California, or the 11 Court’s own orders. 12 18.8. Cross Reference and Use of Discovery Materials. 13 Documents and deposition transcripts (including exhibits thereto) that have 14 been or are produced (with appropriate Bates numbers) in this action or otherwise 15 used in any deposition in this action shall be deemed to have been also produced in 16 the currently co-pending matter In the Matter of Certain Playards and Strollers, 17 Inv. No. 337-TA-1288 (“the 1288 Investigation”), and neither party shall be 18 deemed to have violated this Protective Order by using such documents in the 1288 19 Investigation. Any such document or deposition transcript designated by a Party as 20 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 21 ONLY” in this action shall be treated as “Confidential Business Information” in the 22 1288 Investigation. This cross-use provision does not apply to other forms of 23 discovery, including, without limitation, expert reports and responses to 24 interrogatories or requests for admission. Nothing in this paragraph, however, 25 prohibits a party from seeking such other forms of discovery through service of 26 formal discovery requests. Any costs incurred in the above-referenced 1288 27 Investigation shall be excluded from a computation of taxable costs under Fed. R. 28 Civ. P. 54 and N.D. Cal. Civ. L.R. 54.

PROPOSED MODIFIED PROTECTIVE ORDER

Case No. 5:14-cv-01153-JWH(SPx)

U S.350894898.01

Case 5:14-cv-01153-JWH-SP Document 402 Filed 07/01/22 Page 20 of 21 Page ID #:26411 1 IT IS SO ORDERED. 2 3 Dated: July 1, 2022 4 5 Hon. Sheri Pym United States Magistrate Judge 6

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PROPOSED MODIFIED PROTECTIVE ORDER

Case No. 5:14-cv-01153-JWH(SPx)

U S.350894898.01

Case 5:14-cv-01153-JWH-SP Document 402 Filed 07/01/22 Page 21 of 21 Page ID #:26412 1 EXHIBIT A 2 3 I, __________________________, acknowledge and declare that I have 4 received a copy of the Protective Order (“Order”) in WONDERLAND 5 NURSERYGOODS CO., LTD. v. BABY TREND, INC., DENNY TSAI, and 6 BETTY TSAI, United States District Court for the Central District of California, 7 Case No. 5:14-cv-01153-JWH(SPx). Having read and understood the terms of the 8 Order, I agree to be bound by the terms of the Order and consent to the jurisdiction 9 of said Court for the purpose of any proceeding to enforce the terms of the Order. 10 11 Name of individual: 12 Present occupation/job description: 13 14 15 Name of Company or Firm: 16 Address: 17 18 Dated: 19 20 21 22 23 24 25 26 27 28

PROPOSED MODIFIED PROTECTIVE ORDER

Case No. 5:14-cv-01153-JWH(SPx)

U S.350894898.01