Case 2:22-cv-06727-FMO-PD Document 41 Filed 02/13/23 Page 1 of 20 Page ID #:505

1 MCDERMOTT WILL & EMERY LLP Julian L. André (SBN 251120) 2 jandre@mwe.com Tala T. Jayadevan (SBN 288121) 3 tjayadevan@mwe.com 2049 Century Park East, Suite 3200 4 Los Angeles, CA 90067 Telephone: (310) 551-9335 5 Facsimile: (310) 277-4730

6 Sam C. Neel (pro hac vice) sneel@mwe.com 7 Sarah P. Hogarth (pro hac vice) shogarth@mwe.com 8 500 North Capitol Street NW Washington, DC 20001 9 Telephone: (202) 756-8000 Facsimile: (202) 756-8087 10

11 Attorneys for Plaintiff AirBoss Defense Group, LLC 12

13 14 UNITED STATES DISTRICT COURT 15 CENTRAL DISTRICT OF CALIFORNIA 16

AIRBOSS DEFENSE GROUP, LLC,

17 Case No. 2:22-cv-06727-FMO-PD

18 Plaintiff,

STIPULATED PROTECTIVE

19 v. ORDER1

20 SMART GLOVE HOLDINGS SDN BHD et al., 21

22 Defendant.

23 24 25 26

27 1 This Stipulated Protective Order is substantially based on the model protective 28 order provided under Magistrate Judge Patricia Donahue’s Procedures. Case 2:22-cv-06727-FMO-PD Document 41 Filed 02/13/23 Page 2 of 20 Page ID #:506

1 1. PURPOSES AND LIMITATIONS 2 Discovery in this action is likely to involve production of confidential, 3 proprietary, or private information for which special protection from public 4 disclosure and from use for any purpose other than prosecuting this litigation is 5 warranted. Accordingly, the parties hereby stipulate to and petition the Court to enter 6 the following Stipulated Protective Order. The parties acknowledge that this Order 7 does not confer blanket protections on all disclosures or responses to discovery and 8 that the protection it affords from public disclosure and use extends only to the 9 limited information or items that are entitled to confidential treatment under the 10 applicable legal principles. 11 2. GOOD CAUSE STATEMENT 12 This action is likely to involve sensitive business information, including trade 13 secrets, customer and pricing lists and other valuable research, development, 14 commercial, financial, technical and/or proprietary information for which special 15 protection from public disclosure and from use for any purpose other than 16 prosecution of this action is warranted. Such confidential and proprietary materials 17 and information consist of, among other things, confidential business or financial 18 information, information regarding confidential business practices and operations, or 19 other confidential research, development, or commercial information (including 20 information implicating privacy rights of third parties), information otherwise 21 generally unavailable to the public, or which may be privileged or otherwise 22 protected from disclosure under state or federal statutes, court rules, case decisions, 23 or common law. Accordingly, to expedite the flow of information, to facilitate the 24 prompt resolution of disputes over confidentiality of discovery materials, to 25 adequately protect information the parties are entitled to keep confidential, to ensure 26 that the parties are permitted reasonable necessary uses of such material in 27 preparation for and in the conduct of trial, to address their handling at the end of the 28 litigation, and serve the ends of justice, a protective order for such information is 2 Case 2:22-cv-06727-FMO-PD Document 41 Filed 02/13/23 Page 3 of 20 Page ID #:507

1 justified in this matter. It is the intent of the parties that information will not be 2 designated as confidential for tactical reasons and that nothing be so designated 3 without a good faith belief that it has been maintained in a confidential, non-public 4 manner, and there is good cause why it should not be part of the public record of this 5 case. 6 3. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL 7 The parties further acknowledge, as set forth in Section 14.3, below, that this 8 Stipulated Protective Order does not entitle them to file confidential information 9 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed and 10 the standards that will be applied when a party seeks permission from the court to 11 file material under seal. 12 There is a strong presumption that the public has a right of access to judicial 13 proceedings and records in civil cases. In connection with non-dispositive motions, 14 good cause must be shown to support a filing under seal. See Kamakana v. City and 15 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors 16 Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, 17 Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders require 18 good cause showing), and a specific showing of good cause or compelling reasons 19 with proper evidentiary support and legal justification, must be made with respect to 20 Protected Material that a party seeks to file under seal. The parties’ mere designation 21 of Disclosure or Discovery Material as CONFIDENTIAL or HIGHLY 22 CONFIDENTIAL – ATTORNEYS’ EYES ONLY does not—without the 23 submission of competent evidence by declaration, establishing that the material 24 sought to be filed under seal qualifies as confidential, privileged, or otherwise 25 protectable—constitute good cause. 26 Further, if a party requests sealing related to a dispositive motion or trial, then 27 compelling reasons, not only good cause, for the sealing must be shown, and the 28 relief sought shall be narrowly tailored to serve the specific interest to be protected. 3 Case 2:22-cv-06727-FMO-PD Document 41 Filed 02/13/23 Page 4 of 20 Page ID #:508

1 See Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 2010). For each 2 item or type of information, document, or thing sought to be filed or introduced under 3 seal in connection with a dispositive motion or trial, the party seeking protection 4 must articulate compelling reasons, supported by specific facts and legal 5 justification, for the requested sealing order. Again, competent evidence supporting 6 the application to file documents under seal must be provided by declaration. 7 Any document that is not confidential, privileged, or otherwise protectable in 8 its entirety will not be filed under seal if the confidential portions can be redacted. If 9 documents can be redacted, then a redacted version for public viewing, omitting only 10 the confidential, privileged, or otherwise protectable portions of the document, shall 11 be filed. Any application that seeks to file documents under seal in their entirety 12 should include an explanation of why redaction is not feasible. 13 4. DEFINITIONS 14 4.1. Action: This pending federal lawsuit, AirBoss Defense Group, LLC v. 15 Smart Glove Holdings Sdn Bhd et al., No. 2:22-cv-06727-FMO-PD (C.D. Cal.). 16 4.2. Challenging Party: a Party or Non-Party that challenges the 17 designation of information or items under this Order. 18 4.3. “CONFIDENTIAL” Information or Items: information (regardless of 19 how it is generated, stored or maintained) or tangible things that qualify for 20 protection under Federal Rule of Civil Procedure 26(c), and as specified above in the 21 Good Cause Statement. 22 4.4. “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” 23 Information or Items: extremely sensitive “Confidential Information or Items,” 24 disclosure of which to another Party or Non-Party would create a substantial risk of 25 serious harm that could not be avoided by less restrictive means. (Hereinafter 26 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”). 27 4.5. Counsel: Outside Counsel of Record and House Counsel (as well as 28 their respective support staff), including foreign (non U.S.) counsel. 4 Case 2:22-cv-06727-FMO-PD Document 41 Filed 02/13/23 Page 5 of 20 Page ID #:509

1 4.6. Designating Party: a Party or Non-Party that designates information or 2 items that it produces in disclosures or in responses to discovery as 3 “CONFIDENTIAL ” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 4 ONLY”). 5 4.7. Disclosure or Discovery Material: all items or information, regardless 6 of the medium or manner in which it is generated, stored, or maintained (including, 7 among other things, testimony, transcripts, and tangible things), that are produced or 8 generated in disclosures or responses to discovery in this matter. 9 4.8. Expert: a person with specialized knowledge or experience in a matter 10 pertinent to the litigation who: (i) has been retained by a Party or its counsel to serve 11 as an expert witness or as a consultant in this Action; (ii) is not a past or current 12 employee of a Party or of a Party's competitor; and (iii) at the time of retention, is 13 not anticipated to become an employee of a Party or of a Party's competitor. 14 4.9. House Counsel: attorneys, including foreign (non U.S.) licensed 15 attorneys, who are employees, officers, or directors of a party to this Action or the 16 party’s parent company. House Counsel does not include Outside Counsel of Record 17 or any other outside counsel. 18 4.10. Non-Party: any natural person, partnership, corporation, association, or 19 other legal entity not named as a Party to this action. 20 4.11. Outside Counsel of Record: attorneys who are not employees of a party 21 to this Action but are retained to represent or advise a party to this Action and have 22 appeared in this Action on behalf of that party or are affiliated with a law firm that 23 has appeared on behalf of that party, including support staff. 24 4.12. Other Outside Counsel: other attorneys who are not employees of a 25 party to this Action but are retained to represent or advise a party to this Action, who 26 have not appeared in this Action on behalf of a party, but who execute Exhibit A to 27 this Protective Order, and agree to be bound by its terms. 28 4.13. Party: any party to this Action, including its parent company, all of its 5 Case 2:22-cv-06727-FMO-PD Document 41 Filed 02/13/23 Page 6 of 20 Page ID #:510

1 officers, directors, employees, consultants, retained experts, and Outside Counsel 2 (and their support staffs). 3 4.14. Producing Party: a Party or Non-Party that produces Disclosure or 4 Discovery Material in this Action. 5 4.15. Professional Vendors: persons or entities that provide litigation support 6 services, including court reporters (e.g., photocopying, videotaping, translating, 7 preparing exhibits or demonstrations, and organizing, storing, or retrieving data in 8 any form or medium) and their employees and subcontractors. 9 4.16. Protected Material: any Disclosure or Discovery Material that is 10 designated as “CONFIDENTIAL” OR “HIGHLY CONFIDENTIAL – 11 ATTORNEYS’ EYES ONLY.” 12 4.17. Receiving Party: a Party that receives Disclosure or Discovery Material 13 from a Producing Party. 14 5. SCOPE 15 The protections conferred by this Stipulation and Order cover not only 16 Protected Material (as defined above), but also (1) any information copied or 17 extracted from Protected Material; (2) all copies, excerpts, summaries, or 18 compilations of Protected Material; and (3) any testimony, conversations, or 19 presentations by Parties or their Counsel that might reveal Protected Material. 20 Any use of Protected Material at trial shall be governed by the orders of the 21 trial judge. 22 6. DURATION 23 “FINAL DISPOSITION” of the action is defined as the conclusion of any 24 appellate proceedings, or, if no appeal is taken, when the time for filing of an appeal 25 has run. The parties stipulate that they will be contractually bound by the terms of 26 this agreement beyond FINAL DISPOSITION, but will have to file a separate action 27 for enforcement of the agreement once all proceedings in this case are complete. 28 6 Case 2:22-cv-06727-FMO-PD Document 41 Filed 02/13/23 Page 7 of 20 Page ID #:511

1 Once a case proceeds to trial, information that was designated as 2 “CONFIDENTIAL” OR “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 3 ONLY” or maintained pursuant to this protective order used or introduced as an 4 exhibit at trial becomes public and will be presumptively available to all members of 5 the public, including the press, unless compelling reasons supported by specific 6 factual findings to proceed otherwise are made to the trial judge in advance of the 7 trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause” showing for 8 sealing documents produced in discovery from “compelling reasons” standard when 9 merits-related documents are part of court record). Accordingly, unless determined 10 otherwise by the Court, for such materials, the terms of this protective order do not 11 extend beyond the commencement of the trial. 12 7. DESIGNATING PROTECTED MATERIAL 13 7.1 Exercise of Restraint and Care in Designating Material for Protection. 14 Each Party or Non-Party that designates information or items for protection under 15 this Order must take care to limit any such designation to specific material that 16 qualifies under the appropriate standards. The Designating Party must designate for 17 protection only those parts of material, documents, items, or oral or written 18 communications that qualify so that other portions of the material, documents, items, 19 or communications for which protection is not warranted are not swept unjustifiably 20 within the ambit of this Order. 21 Mass, indiscriminate, or routinized designations are prohibited. Designations 22 that are shown to be clearly unjustified or that have been made for an improper 23 purpose (e.g., to unnecessarily encumber the case development process or to impose 24 unnecessary expenses and burdens on other parties) may expose the Designating 25 Party to sanctions. 26 If it comes to a Designating Party’s attention that information or items that it 27 designated for protection do not qualify for protection, that Designating Party must 28 promptly notify all other Parties that it is withdrawing the inapplicable designation. 7 Case 2:22-cv-06727-FMO-PD Document 41 Filed 02/13/23 Page 8 of 20 Page ID #:512

1 7.2 Manner and Timing of Designations. Except as otherwise provided in 2 this Order (see, e.g., second paragraph of section 7.2(a) below), or as otherwise 3 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 4 under this Order must be clearly so designated before the material is disclosed or 5 produced. 6 Designation in conformity with this Order requires: 7 (a) for information in documentary form (e.g., paper or electronic 8 documents, but excluding transcripts of depositions or other pretrial or trial 9 proceedings), that the Producing Party affix at a minimum, the legend 10 “CONFIDENTIAL” OR “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 11 ONLY” (hereinafter “CONFIDENTIAL legend” OR “HIGHLY CONFIDENTIAL 12 – ATTORNEYS’ EYES ONLY legend,” respectively), to each page that contains 13 protected material. If only a portion or portions of the material on a page qualifies 14 for protection, the Producing Party also must clearly identify the protected portion(s) 15 (e.g., by making appropriate markings in the margins). 16 A Party or Non-Party that makes original documents available for 17 inspection need not designate them for protection until after the inspecting Party has 18 indicated which documents it would like copied and produced. During the inspection 19 and before the designation, all of the material made available for inspection shall be 20 deemed “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” After the 21 inspecting Party has identified the documents it wants copied and produced, the 22 Producing Party must determine which documents, or portions thereof, qualify for 23 protection under this Order. Then, before producing the specified documents, the 24 Producing Party must affix the “CONFIDENTIAL legend” or “HIGHLY 25 CONFIDENTIAL – ATTORNEYS’ EYES ONLY legend” to each page that 26 contains Protected Material. If only a portion or portions of the material on a page 27 qualifies for protection, the Producing Party also must clearly identify the protected 28 portion(s) (e.g., by making appropriate markings in the margins). 8 Case 2:22-cv-06727-FMO-PD Document 41 Filed 02/13/23 Page 9 of 20 Page ID #:513

1 (b) for testimony given in depositions that the Designating Party 2 identify the Disclosure or Discovery Material on the record, before the close of the 3 deposition all protected testimony and specify the level of protection being asserted. 4 When it is impractical to identify separately each portion of testimony that is entitled 5 to protection and it appears that substantial portions of the testimony may qualify for 6 protection, the Designating Party may invoke on the record (before the deposition, 7 hearing, or other proceeding is concluded) a right to have up to 21 days following 8 receipt of the deposition transcript for review and signature to identify the specific 9 portions of the testimony as to which protection is sought and to specify the level of 10 protection being asserted. Only those portions of the testimony that are appropriately 11 designated for protection within the 21 days shall be covered by the provisions of this 12 Stipulated Protective Order. Alternatively, a Designating Party may specify, at the 13 deposition or up to 21 days afterwards if that period is properly invoked, that the 14 entire transcript shall be treated as “CONFIDENTIAL” or “HIGHLY 15 CONFIDENTIAL – ATTORNEYS’ EYES ONLY.”. 16 Parties shall give the other parties notice if they reasonably expect a 17 deposition, hearing or other proceeding to include Protected Material so that the other 18 parties can ensure that only authorized individuals or individuals who have signed the 19 “Acknowledgment and Agreement to Be Bound” (Exhibit A) are present at those 20 proceedings. The use of a document as an exhibit at a deposition shall not in any way 21 affect its designation as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – 22 ATTORNEYS’ EYES ONLY.” 23 (c) for information produced in some form other than documentary 24 and for any other tangible items, that the Producing Party affix in a prominent place 25 on the exterior of the container or containers in which the information is stored the 26 legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ 27 EYES ONLY.” If only a portion or portions of the information warrants protection, 28 the Producing Party, to the extent practicable, shall identify the protected portion(s). 9 Case 2:22-cv-06727-FMO-PD Document 41 Filed 02/13/23 Page 10 of 20 Page ID #:514

1 7.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 2 failure to designate qualified information or items does not, standing alone, waive 3 the Designating Party’s right to secure protection under this Order for such material. 4 Upon timely correction of a designation, the Receiving Party must make reasonable 5 efforts to assure that the material is treated in accordance with the provisions of this 6 Order. 7 8. CHALLENGING CONFIDENTIALITY DESIGNATIONS 8 8.1. Timing of Challenges. Any Party or Non-Party may challenge a 9 designation of confidentiality at any time that is consistent with the Court’s 10 Scheduling Order. 11 8.2. Meet-and-Confer. The Challenging Party shall initiate the dispute 12 resolution process under Local Rule 37.1 et seq. 13 8.3. Burden. The burden of persuasion in any such challenge proceeding 14 shall be on the Designating Party. Frivolous challenges, and those made for an 15 improper purpose (e.g., to harass or impose unnecessary expenses and burdens on 16 other parties) may expose the Challenging Party to sanctions. Unless the Designating 17 Party has waived or withdrawn the confidentiality designation, all parties shall 18 continue to afford the material in question the level of protection to which it is 19 entitled under the Producing Party’s designation until the Court rules on the 20 challenge. 21 9. ACCESS TO AND USE OF PROTECTED MATERIAL 22 9.1. Basic Principles. A Receiving Party may use Protected Material that is 23 disclosed or produced by another Party or by a Non-Party in connection with this 24 Action only for prosecuting, defending, or attempting to settle this Action. Such 25 Protected Material may be disclosed only to the categories of persons and under the 26 conditions described in this Order. When the Action has been terminated, a Receiving 27 Party must comply with the provisions of section 15 below (FINAL DISPOSITION). 28 10 Case 2:22-cv-06727-FMO-PD Document 41 Filed 02/13/23 Page 11 of 20 Page ID #:515

1 Protected Material must be stored and maintained by a Receiving Party at a 2 location and in a secure manner that ensures that access is limited to the persons 3 authorized under this Order. 4 9.2. Disclosure of “CONFIDENTIAL” Information or Items. Unless 5 otherwise ordered by the court or permitted in writing by the Designating Party, a 6 Receiving Party may disclose any information or item designated 7 “CONFIDENTIAL” only to: 8 (a) the Receiving Party’s Outside Counsel of Record in this 9 Action, as well as employees of said Outside Counsel of Record to whom it is 10 reasonably necessary to disclose the information for this Action; 11 (b) the officers, directors, and employees (including House Counsel) 12 of the Receiving Party to whom disclosure is reasonably necessary for this Action; 13 (c) Experts (as defined in this Order) of the Receiving Party to whom 14 disclosure is reasonably necessary for this Action and who have signed the 15 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 16 (d) the court and its personnel; 17 (e) court reporters and their staff; 18 (f) professional jury or trial consultants, and Professional Vendors 19 to whom disclosure is reasonably necessary for this Action and who have signed the 20 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 21 (g) the author or recipient of a document containing the information 22 or a custodian or other person who otherwise possessed or knew the information; 23 (h) during their depositions, witnesses, and attorneys for witnesses, 24 in the Action to whom disclosure is reasonably necessary provided the deposing 25 party requests that the witness sign the “Acknowledgment and Agreement to Be 26 Bound” (Exhibit A) attached hereto. Witnesses shall not retain a copy of documents 27 containing Confidential Information. Pages of transcribed deposition testimony or 28 exhibits to depositions that reveal Confidential Information may be separately bound 11 Case 2:22-cv-06727-FMO-PD Document 41 Filed 02/13/23 Page 12 of 20 Page ID #:516

1 by the court reporter and may not be disclosed to anyone except as permitted under 2 this Stipulated Protective Order; 3 (i) any mediator or settlement officer, and their supporting 4 personnel, mutually agreed upon by any of the parties engaged in settlement 5 discussions; and 6 (j) Other Outside Counsel who have signed Exhibit A to this Protective 7 Order and have agreed to be bound by Exhibit A. 8 9.3 Disclosure of “HIGHLY CONFIDENTIAL” Information or Items. 9 Unless otherwise ordered by the court or permitted in writing by the Designating 10 Party, a Receiving Party may disclose any information or item designated “HIGHLY 11 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” only to: 12 (a) the Receiving Party’s Outside Counsel of Record in this 13 Action, as well as employees of said Outside Counsel of Record to whom it is 14 reasonably necessary to disclose the information for this Action; 15 (b) Experts (as defined in this Order) of the Receiving Party to whom 16 disclosure is reasonably necessary for this Action and who have signed the 17 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 18 (c) the court and its personnel; 19 (d) court reporters and their staff; 20 (e) professional jury or trial consultants, and Professional Vendors 21 to whom disclosure is reasonably necessary for this Action and who have signed the 22 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 23 (f) the author or recipient of a document containing the information 24 or a custodian or other person who otherwise possessed or knew the information; 25 (g) during their depositions, witnesses, and attorneys for witnesses, 26 in the Action if the witness authored or received the Protected Material designated 27 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” was involved in the 28 creation of the document or item in which the Protected Material designated 12 Case 2:22-cv-06727-FMO-PD Document 41 Filed 02/13/23 Page 13 of 20 Page ID #:517

1 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” information is 2 contained, is employed by the Designating Party who produced the Protected 3 Material designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” 4 or if the Designating Party consents to such disclosure. If the witness is a Non-Party, 5 also provided the deposing party requests that the witness sign the 6 “Acknowledgment and Agreement to Be Bound” (Exhibit A) attached hereto. Pages 7 of transcribed deposition testimony or exhibits to depositions that reveal Protected 8 Material may be separately bound by the court reporter and may not be disclosed to 9 anyone except as permitted under this Stipulated Protective Order; and 10 (h) any mediator or settlement officer, and their supporting personnel, 11 mutually agreed upon by any of the parties engaged in settlement discussions 12 (i) Other Outside Counsel who have signed Exhibit A to this Protective Order 13 and have agreed to be bound by Exhibit A. 14 10. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 15 IN OTHER LITIGATION 16 If a Party is served with a subpoena or a court order issued in other litigation 17 that compels disclosure of any information or items designated in this Action as 18 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 19 ONLY,” that Party must: 20 (a) promptly notify in writing the Designating Party. Such 21 notification shall include a copy of the subpoena or court order; 22 (b) promptly notify in writing the party who caused the subpoena 23 or order to issue in the other litigation that some or all of the material covered by the 24 subpoena or order is subject to this Protective Order. Such notification shall include 25 a copy of this Stipulated Protective Order; and 26 (c) cooperate with respect to all reasonable procedures sought to 27 be pursued by the Designating Party whose Protected Material may be affected. 28 If the Designating Party timely seeks a protective order, the Party served 13 Case 2:22-cv-06727-FMO-PD Document 41 Filed 02/13/23 Page 14 of 20 Page ID #:518

1 with the subpoena or court order shall not produce any information designated in this 2 action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ 3 EYES ONLY” before a determination by the court from which the subpoena or order 4 issued, unless the Party has obtained the Designating Party’s permission. The 5 Designating Party shall bear the burden and expense of seeking protection in that 6 court of its confidential material and nothing in these provisions should be construed 7 as authorizing or encouraging a Receiving Party in this Action to disobey a lawful 8 directive from another court. 9 11. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 10 PRODUCED IN THIS LITIGATION 11 (a) The terms of this Order are applicable to information produced 12 by a Non-Party in this Action and designated as “CONFIDENTIAL” or “HIGHLY 13 CONFIDENTIAL – ATTORNEYS’ EYES ONLY.” Such information and/or 14 Protected Material produced by Non-Parties in connection with this litigation is 15 protected by the remedies and relief provided by this Order. Nothing in these 16 provisions should be construed as prohibiting a Non-Party from seeking additional 17 protections. 18 (b) In the event that a Party is required, by a valid discovery request, 19 to produce a Non-Party’s confidential information and/or Protected Material in its 20 possession, and the Party is subject to an agreement with the Non-Party not to 21 produce the Non-Party’s confidential information and/or Protected Material, or has 22 good cause to believe the requested information contains the Non-Party's sensitive 23 business information pursuant to Paragraph 2 herein, then the Party shall: 24 (1) promptly notify in writing the Requesting Party and the 25 Non-Party; and 26 (2) promptly provide the Non-Party with a copy of the 27 Stipulated Protective Order in this Action, the relevant discovery request(s), and a 28 reasonably specific description of the information requested; and 14 Case 2:22-cv-06727-FMO-PD Document 41 Filed 02/13/23 Page 15 of 20 Page ID #:519

1 (3) make the information requested available for inspection by 2 the Non-Party, if requested. 3 (c) If the Non-Party or a Party fails to seek a protective order from 4 this court within 14 days of receiving the notice and accompanying information, the 5 Receiving Party may produce the Non-Party’s confidential information responsive 6 to the discovery request, subject to the terms of this Protective Order. If the Non- 7 Party or a Party timely seeks a protective order, the Non-Party and/or Receiving 8 Party shall not produce any information in its possession or control before a 9 determination by the court. Absent a court order to the contrary, the Non-Party shall 10 bear the burden and expense of seeking protection in this court of its Protected 11 Material. 12 12. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 13 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 14 Protected Material to any person or in any circumstance not authorized under this 15 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 16 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 17 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 18 persons to whom unauthorized disclosures were made of all the terms of this Order, 19 and (d) request such person or persons to execute the “Acknowledgment and 20 Agreement to Be Bound” that is attached hereto as Exhibit A. 21 13. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 22 PROTECTED MATERIAL 23 The inadvertent production by a Party of documents or information subject to 24 the attorney-client privilege, work-product protection, or any other applicable 25 privilege or protection, will not waive the applicable privilege and/or protection. The 26 parties expressly waive the applicability of the showings required by Fed. Rule of 27 Civ. P. 502(b)(1)-(3), and any privilege or protection that would otherwise have 28 applied will continue to apply irrespective of the factors set forth in such provisions. 15 Case 2:22-cv-06727-FMO-PD Document 41 Filed 02/13/23 Page 16 of 20 Page ID #:520

1 In the event of an inadvertent production, the recipient must return the documents or 2 destroy such documents as required hereunder when the inadvertent production is 3 discovered, or upon receipt of notice that the privileged or protected documents were 4 inadvertently produced. The Receiving Party may thereafter challenge the 5 designation of privilege or protection, provided, however, that such challenges shall 6 not be based upon or made with reference to the fact of the inadvertent production, 7 and instead will be based only upon such grounds as may have existed absent the 8 existence of any inadvertent disclosure or claimed inadvertent disclosure. To the 9 extent there is a challenge to the designation of privilege or protection, the burden is 10 on the designating party to support the designation. 11 14. MISCELLANEOUS 12 14.1. Right to Further Relief. Nothing in this Order abridges the right of any 13 person to seek its modification by the Court in the future. 14 14.2. Right to Assert Other Objections. By stipulating to the entry of this 15 Protective Order no Party waives any right it otherwise would have to object to 16 disclosing or producing any information or item on any ground not addressed in this 17 Stipulated Protective Order. Similarly, no Party waives any right to object on any 18 ground to use in evidence of any of the material covered by this Protective Order. 19 14.3. Filing Protected Material. A Party that seeks to file under seal any 20 Protected Material must comply with Civil Local Rule 79-5. Protected Material may 21 only be filed under seal pursuant to a court order authorizing the sealing of the 22 specific Protected Material at issue. If a Party's request to file Protected Material 23 under seal is denied by the court, then the Receiving Party may file the information 24 in the public record unless otherwise instructed by the court or provided by the Local 25 Rules. 26 15. FINAL DISPOSITION 27 After the final disposition of this Action, as defined in Section 6 above, within 28 60 days of a written request by the Designating Party, each Receiving Party must 16 Case 2:22-cv-06727-FMO-PD Document 41 Filed 02/13/23 Page 17 of 20 Page ID #:521

1 return all Protected Material to the Producing Party or destroy such material. As used 2 in this subdivision, “all Protected Material” includes all copies, abstracts, 3 compilations, summaries, and any other format reproducing or capturing any of the 4 Protected Material. Whether the Protected Material is returned or destroyed, the 5 Receiving Party must submit a written certification to the Producing Party (and, if 6 not the same person or entity, to the Designating Party) by the 60 day deadline that 7 (1) identifies (by category, where appropriate) all the Protected Material that was 8 returned or destroyed and (2) affirms that the Receiving Party has not retained any 9 copies, abstracts, compilations, summaries or any other format reproducing or 10 capturing any of the Protected Material. Notwithstanding this provision, Counsel are 11 entitled to retain an archival copy of all pleadings, motion papers, trial, deposition, 12 and hearing transcripts, legal memoranda, correspondence, deposition and trial 13 exhibits, expert reports, attorney work product, and consultant and expert work 14 product, even if such materials contain Protected Material. Any such archival copies 15 that contain or constitute Protected Material remain subject to this Protective Order 16 as set forth in Section 6 (DURATION). 17 16. PERSONS BOUND 18 This Order shall take effect when entered and shall be binding upon all Counsel, 19 Outside Counsel, the Parties, and persons made subject to this Order by its terms. 20 17. VIOLATIONS 21 Any violation of this Order may be punished by any and all appropriate 22 measures including, without limitation, contempt proceedings and/or monetary 23 sanctions. 24 25 26 27 28 17 Case #:22-cv-06727-FMO-PD Document 41 Filed 02/13/23 Page 18 of 20 Page ID #:522 2 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 4 || DATED: February 8, 2023 5 || MCDERMOTT WILL & EMERY LLP 6 /s/ Julian L. André 4 Attorneys for Plaintiff

JULIAN L. ANDRE

8 SAM C. NEEL

SARAH P. HOGARTH

9 TALA JAYADEVAN 10 || Attorneys for Plaintiff AirBoss oonve Group, LLC 11 12 13 || DATED: February 9, 2023 14 || BAKER MCKENZIE LLP 15 /s/ Christine Streatfeild (via email authorization) 16 || Attorneys for Defendant

JAMES J. WARD

17 || CHRISTINE M. STREATFIELD 12 SHIMA S. ROY 19 Attorneys for Smart Glove Defendants 20 71 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 22 23 DATED: February 13, 2023 24 25 Pali Lona kue_ 26 || The Honorable Patricia Donahue 37 UNITED STATES MAGISTRATE JUDGE 28 18

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1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 4 I, ________________________ [print or type full name], of 5 _________________ [print or type full address], declare under penalty of perjury 6 that I have read in its entirety and understand the Stipulated Protective Order that 7 was issued by the United States District Court for the Central District of 8 California on [date] in the case of AirBoss Defense Group, LLC v. Smart Glove 9 Holdings Sdn Bhd et al., Case No. 2:22-cv-06727-FMO-PD. I agree to comply 10 with and to be bound by all the terms of this Stipulated Protective Order and I 11 understand and acknowledge that failure to so comply could expose me to 12 sanctions and punishment in the nature of contempt. I solemnly promise that I 13 will not disclose in any manner any information or item that is subject to this 14 Stipulated Protective Order to any person or entity except in strict compliance 15 with the provisions of this Order. 16 I further agree to submit to the jurisdiction of the United States District 17 Court for the Central District of California for the purpose of enforcing the terms 18 of this Stipulated Protective Order, even if such enforcement proceedings occur 19 after termination of this action. I hereby appoint ________________________ 20 [print or type full name] of _________ [print or type full address and telephone 21 number] as my California agent for service of process in connection with this 22 action or any proceedings related to enforcement of this Stipulated Protective 23 Order. 24 25 Date: __________________________ 26 City and State where sworn and signed: _____________________________ 27 Printed name: ____________________________________ 28 Signature: ________________________________ 19 Case 2:22-cv-06727-FMO-PD Document 41 Filed 02/13/23 Page 20 of 20 Page ID #:524