Initial Employment Discovery Protocols; Instructions re: Discovery Disputes; Civil Electronic Filing Order; Instructions re: Joint Trial Memorandum; Instructions re: Status Reports; Instructions re: Confidentiality and Sealing Documents; Standing Protective Order; Standing Order on Patent Cases

=== Instructions re: Discovery Disputes ===

INSTRUCTIONS FOR DISCOVERY DISPUTES Unless Judge Shea orders otherwise in a particular case, these instructions apply to all cases in which all parties are represented by counsel. All discovery issues should be resolved in good faith by counsel in accordance with their obligations to the Court under the Federal Rules of Civil Procedure and the District’s Local Rules. Before filing any motion relating to discovery, the parties are required to comply with the following requirements: 1. 2. 3. 4. 5. Counsel for parties to discovery disputes must jointly contact Judge Shea’s Chambers by telephone to notify the Court that a dispute exists and provide a brief oral description of the nature of the dispute. Except in extraordinary circumstances, Chambers staff will not entertain such a communication unless counsel for all parties to the discovery dispute are on the telephone when the call is made to Chambers. Within three (3) days of counsel contacting Chambers to notify the Court of the existence of a dispute, each party must provide Chambers via e-mail with a written submission summarizing the nature of the dispute and briefly explaining its position. The written submission shall take the form of a letter and shall be no more than two pages in length. All such communications must be copied to opposing counsel and must include the certification discussed in paragraph 6 below. If the dispute involves a written interrogatory, request for production, request for admission, deposition notice and/or subpoena (the “discovery request”), counsel for the party who served the discovery request at issue will, along with the written submission, provide Chambers via e-mail with a copy of the particular discovery request at issue and the opposing party’s written response to that particular request. Judge Shea does not need the entire discovery request and response but requires only the particular portions of the discovery request and response at issue. Other than the written submission and any discovery requests and responses at issue, Judge Shea does not require, and does not want, counsel for the parties to provide him with any briefs, documents, deposition transcripts, correspondence or written argument regarding the discovery issue in dispute. Following a review of the written submission and any discovery requests and responses at issue, the Court will determine whether additional steps, such as a telephonic conference with the Court or additional briefing, are necessary for the Court to resolve the discovery dispute. In some cases, the Court may determine that no additional input is needed and issue an order based only on the letters and relevant discovery requests and objections submitted by the parties. Any such order will reflect the input received from the parties and will include the letters and any discovery requests submitted as attachments to ensure that the parties’ arguments are preserved on the record. In effect, the order will construe the filings as a discovery motion and resolve the motion. Before contacting Chambers to notify the Court of a discovery dispute, counsel for parties to any discovery dispute are required by Rule 37(a)(1) of the Federal Rules of Civil Procedure and Local Rule 37(a) to have conferred with one another and to have made a good faith effort to eliminate or reduce the area of controversy. All discovery issues should be resolved in good faith by counsel in accordance with their obligations to the Court under the Federal Rules of Civil Procedure and the District’s Local Rules. Judge Shea interprets the good faith conference obligation of the Federal Rules and Local Rules to require counsel to confer either face-to-face or by telephone; exchanges of correspondence are not sufficient in and of themselves to satisfy counsel’s good faith conference obligations. All written submissions describing the nature of the dispute submitted to the Court must include a written certification by each party that they have complied with their good faith conference obligations under the Federal Rules and Local Rules. Before notifying the Court of a discovery dispute, counsel for all parties to a discovery dispute must also agree upon the issues that they intend to raise with Judge Shea and inform Chambers of those issues at the time of the notification. If the parties cannot in good faith agree upon the issues to be raised with Judge Shea, they shall so notify Chambers. Should the Court schedule a telephonic conference to discuss the dispute with the parties, counsel should agree in advance on which party will be responsible for initiating the telephonic discovery conference. Counsel should not contact Judge Shea’s Chambers until counsel for all parties to the discovery dispute are on the telephone. Failure to participate in a scheduled telephonic discovery conference may result in the imposition of sanctions. Should the Court issue any order following the telephonic conference, the party against whom the order is directed shall comply within 14 days pursuant to Local Rule 37(d), unless otherwise ordered by the Court. 6. 7. 8. 9. (Rev. 2.3.17)

=== Civil Electronic Filing Order ===

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT ELECTRONIC FILING ORDER IN CIVIL CASES The parties shall file all documents in this case electronically. Counsel must comply with the following requirements: 1. Counsel must comply with all applicable Federal Rules of Civil Procedure, the District's Local Rules, the requirements set forth in the District's CM/ECF Policies and Procedures Manual, and any other rules and administrative procedures which implement the District's CM/ECF system. 2. Documents f iled electronically must be f iled in OCR text searchable PDF format. 3. Unless otherwise ordered, on the next business day after a document is filed electronically, counsel must provide chambers with one paper copy of the following e-filed documents: a. Applications for temporary restraining orders, preliminary injunctions or prejudgment remedies, including all memoranda of law and all exhibits; b. Motions for summary judgment, memoranda in support, briefs in opposition, and replies; c. Joint Trial Memorandum; d. Trial briefs, including proposed findings of fact and conclusions of law; and all exhibits. All chambers copies should be printed from the docket and should bear the ECF header of the Court’s electronic filing system. IT IS SO ORDERED, /s/ Michael P. Shea Michael P. Shea United States District Judge Rev. 6/7/24

=== Instructions re: Joint Trial Memorandum ===

JOINT TRIAL MEMORANDUM INSTRUCTIONS FOR THE HONORABLE MICHAEL P. SHEA The parties shall confer and shall jointly prepare and submit for the Court’s approval a Joint Trial Memorandum in compliance with the District’s Standing Order Regarding Trial Memoranda in Civil Cases as modified in these instructions. In addition to filing an original of the Joint Trial Memorandum with the Clerk of the Court, counsel shall also provide Chambers with a courtesy copy of the Joint Trial Memorandum and all attachments, both in hard copy delivered to the Clerk's office and as an electronic file compatible with Microsoft Word, sent to Chambers via e-mail or saved on a CD-ROM. The Joint Trial Memorandum is intended to be a jointly prepared document. Therefore, these Instructions are not satisfied by stapling together trial memoranda prepared separately by counsel for each party. 1. 2. 3. 4. 5. 6. 7. 8. The Joint Trial Memorandum shall contain the following information: TRIAL COUNSEL: Counsel shall list the names, addresses, telephone numbers, fax numbers and e-mail addresses of the attorney(s) who will try the case. Trial counsel must attend the Final Pretrial Conference, unless excused in advance by the Court. JURISDICTION: Counsel shall set forth the basis for federal jurisdiction. JURY/NON-JURY: Counsel shall state whether the case is to be tried to a jury or to the Court. LENGTH OF TRIAL: Counsel shall set forth a realistic estimate of trial days required based on the expected length of testimony for each witness on both direct and cross- examination. FURTHER PROCEEDINGS: Specify, with reasons, the necessity of any further proceedings prior to trial. NATURE OF CASE: Counsel for both parties shall separately state the nature of each cause of action and the relief sought. If appropriate, state the nature of any cross-claims, counterclaims and/or affirmative defenses. TRIAL BY MAGISTRATE JUDGE: Counsel shall indicate whether they have agreed to a trial by a Magistrate Judge and if so, file signed consent forms providing for any appeal to be heard directly by the Court of Appeals. EVIDENCE: Prior to preparing and submitting the Joint Trial Memorandum, counsel are required to exchange lists of proposed witnesses, exhibits and deposition transcripts to enable counsel for each party to state in the Joint Trial Memorandum whether they object to any proposed witness, exhibit or transcript. a. Witnesses: Counsel shall set forth the names and addresses of each witness to be called at trial, including a brief summary of the anticipated testimony and the expected duration of the witness’s testimony. Counsel shall indicate which witnesses are likely to testify and which witnesses will be called only if the need arises. For each expert witness, set forth the opinion to be expressed, a brief summary of the basis of the opinion and a list of the materials on which the witness intends to rely. Also state the area of the witness’s expertise and attach a copy of the expert’s report and a curriculum vitae, if available. Any objection to the admissibility of the testimony of any witness must be stated in this section of the Joint Trial Memorandum, along with a brief statement of the grounds and authority supporting the objection as well as a brief statement from the proponent of the witness regarding admissibility. NOTE: Witnesses not included in this list shall not be permitted to testify at trial, except for good cause shown. All listed witnesses will be permitted to testify unless there is an explicit objection stated to the witness’s testimony. b. Exhibits: Counsel shall attach a list of all exhibits—including a brief description of their contents—to be offered at trial, except for any exhibits used solely for impeachment. The parties shall mark all exhibits numerically with exhibit tags (which will be provided by the Clerk’s Office upon request) starting with Plaintiff’s Exhibit “1” and Defendant’s Exhibit “501.” Where there are multiple plaintiffs or defendants, counsel shall coordinate exhibit identification to ensure that exhibit numbers are not duplicated. Copies of the actual exhibits shall be exchanged no later than seven (7) days prior to submission of the Joint Trial Memorandum. Copies of all exhibits as to which there may be objections must be provided to Judge Shea’s chambers three (3) days before the Initial Pretrial Conference. Three (3) days before trial, counsel shall deliver to Judge Shea copies of all exhibits placed in a three-ring binder with a copy of the exhibit list at the front of the binder and with each exhibit separately tabbed, and shall deliver to the Courtroom Deputy the original set of exhibits along with an exhibit list. Any objection to the admissibility of any exhibit must be stated in this section of the Joint Trial Memorandum, along with a brief statement of the grounds and authority supporting the objection as well as a brief statement from the proponent of the exhibit regarding admissibility. NOTE: Exhibits not exchanged seven (7) days prior to submission of the Joint Trial Memorandum and exhibits not listed will not be admitted at trial, except for good cause shown and except for any exhibits admitted solely for impeachment. All listed exhibits shall be deemed admissible unless there is an explicit objection stated to the exhibit. c. Deposition Testimony: Counsel shall list each witness who is expected to testify by deposition at trial. Such list will include a designation by page references of the deposition transcript which each party proposes to read into evidence. Cross- designations shall be listed as provided by Fed. R. Civ. P. 32(a)(6). The list shall 2 include all objections to deposition designations. A marked-up version of the deposition transcript should also be submitted along with the Joint Trial Memorandum (blue for plaintiff; red for defendant). NOTE: Objections not stated in the Joint Trial Memorandum will be deemed waived, except for good cause shown. 9. STIPULATIONS AND PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW: Counsel for both parties shall confer in an effort to enter into a written stipulation of uncontroverted facts and into an agreed statement of the contested issues of fact and law. a. Bench Trial: Each party shall submit specific proposed findings of fact necessary to support a judgment in that party’s favor, identifying each witness and/or exhibit as to each factual conclusion. Each party shall also submit proposed conclusions of law, citing the legal authority that supports each claim or defense. Except by order of the Court, post-trial briefing will not be permitted. Any pre- trial memoranda which any party(ies) wish the Court to consider must be filed no later than seven (7) days prior to the date trial commences. b. Jury Trial: The stipulation of uncontroverted facts will be read to the jury, and no evidence shall be presented on the uncontested facts. i. Proposed Voir Dire Questions: Counsel shall attach a list of questions to be submitted to the jury panel as part of the Joint Trial Memoranda, with any supplements no later than 24 hours before jury selection. ii. Proposed Jury Instructions: The parties shall meet and confer for the purposes of preparing and filing jury instructions. Counsel shall attach requests for jury instructions, citing relevant legal authority for each proposed instruction. Counsel are not required to submit general jury instructions which, for example, instruct the jury on its role, evidence in general, witness credibility, etc. If any party objects to another party’s proposed instruction, counsel must briefly state the nature of the objection and the legal authority supporting the objection. iii. Proposed Verdict Form: Counsel shall meet and confer for the purposes of preparing and filing a proposed verdict form and/or special interrogatories. Counsel shall attach (and also include on the diskette) proposed verdict forms and any proposed special interrogatories. If the parties are unable to agree as to the appropriateness of a proposed form, counsel for the objecting party must state the basis for the objection and provide an alternative proposal (on a diskette). 3 iv. Brief Description of Case and Parties: Counsel shall meet and confer and agree upon a brief description of the case, the issues and the parties that the Court can read to proposed jurors at the outset of jury selection. 10. ANTICIPATED EVIDENTIARY PROBLEMS: Counsel shall list any evidentiary problems anticipated by any party, but counsel shall not file motions in limine with the Joint Trial Memorandum. Instead, counsel shall file motions in limine along with memoranda of law concerning any anticipated evidentiary problems, including any issues relating to the admissibility of expert testimony under Fed. R. Evid. 702–05 and the Daubert v. Merrill Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), line of cases, no later than 30 days before the first pretrial conference set by the Court. The Court will typically schedule the trial and the pretrial conference shortly after the filing of the Joint Trial Memorandum. All memoranda in opposition to any motion in limine must be filed no later than 15 days before the first pretrial conference set by the Court. Reply briefs shall not be filed in connection with motions in limine without obtaining permission in advance from the Court. 11. COURTROOM TECHNOLOGY: Counsel shall specify what, if any, technology they intend to use during trial. For instance, if counsel intend to use an overhead projector, transparencies, Elmo, or to connect a laptop to display exhibits or other documents, they must specify as much in the Joint Trial Memorandum. Counsel may coordinate with the Courtroom Deputy to set up any technology in advance of trial. 4

=== Instructions re: Status Reports ===

INSTRUCTIONS FOR STATUS REPORTS On or before the deadline assigned by the Scheduling Order, the parties shall file with the Clerk’s Office, with certification copies sent to all counsel of record, an original joint status report, stating the following: (a) The status of the case, describing the status of discovery and identifying any pending motions and any circumstances potentially interfering with the parties’ compliance with the Scheduling Order; (b) Interest in referral for settlement purposes to a United States Magistrate Judge or to the District’s special masters program; (c) Whether the parties will consent to a trial before a United States Magistrate Judge; and (d) The estimated length of trial. No status reports will be accepted via facsimile.

=== Instructions re: Confidentiality and Sealing Documents ===

INSTRUCTIONS REGARDING CONFIDENTIALITY AND SEALING DOCUMENTS FOR THE HONORABLE MICHAEL P. SHEA If any party wants to file any document with the Court under seal or have it received in camera, that party will have to: (1) File a redacted public version of the document in which only the specific, narrowly drawn material that the party claims is confidential is redacted (and blacked out) from the document; and (2) Make a separate motion in accordance with District of Connecticut Local Rule 5(e), specifying precisely what the party wishes to be kept under seal and making a particularized showing of good cause as to why the Court should depart from the strong presumption against sealing any court records from public inspection. See Nixon v. Warner Comm., Inc., 435 U.S. 589, 597-99 (1978); Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 120-22 (2d Cir. 2006); United States v. Graham, 257 F.3d 143, 150 (2d Cir. 2001); United States v. Amodeo, 44 F.3d 141, 146 (2d Cir. 1995); Crossman v. Astrue, 714 F. Supp. 2d 284 (D. Conn. 2009). As the Second Circuit has made clear, the public and the press have a “qualified First Amendment right . . . to access certain judicial documents,” including inspecting and making copies of judicial documents and docket sheets. Lugosch, 435 F.3d at 120 (quoting Hartford Courant Co. v. Pellegrino, 380 F.3d 83, 91 (2d Cir. 2004 . Furthermore, the Court is not likely to exclude the public from any Court proceeding without an extraordinary demonstration of good cause. See, e.g., Hartford Courant Co., 380 F.3d at 91 (“The Supreme Court [has] recognized that the First Amendment grants both the public and the press a qualified right of access” to judicial proceedings.); Westmoreland v. CBS, Inc., 752 F.2d 16, 22 (2d Cir. 1984) (“There is, to be sure, an abundance of support in the cases for a constitutionally grounded public right of access to the courtroom.”). In limited circumstances and upon a showing of compelling circumstances, this Court may order certain records to be sealed. See Lugosch, 435 F.3d at 123 (“[D]ocuments used by parties moving for, or opposing, summary judgment should not remain under seal absent the most compelling reasons.”) (quoting Joy v. North, 692 F.2d 880, 893 (2d Cir. 1982 ; Hartford Courant Co., 380 F.3d at 96 (stating that judicial records enjoy a “presumption of openness,” a presumption that is rebuttable only “upon demonstration that suppression is essential to preserve higher values and is narrowly tailored to serve that interest” (internal quotations omitted . However, “[i]n most cases, a judge must carefully and skeptically review sealing requests to insure that there really is an extraordinary circumstance or compelling need.” In re Orion Pictures Corp., 21 F.3d 24, 27 (2d Cir. 1994) (citation omitted); see SEC v. TheStreet.com, 273 F.3d 222, 232 (2d Cir. 2001). Moreover, ordinarily, a court must make that determination on the basis of a careful document-by-document review of the particular portions of the document that a party wishes to file under seal and after considering whether the requested order is no broader than necessary to serve the interests that require protection. See Amodeo, 71 F.3d at 1050-51. A blanket sealing order would rarely, if ever, be appropriate. Furthermore, the parties’ agreement to seal or limit disclosure of documents on file is not a sufficient basis for granting such an order. Id. Until either party demonstrates the existence of extraordinary circumstances or a compelling need to seal from public view any particular portion of any specific document filed in this case, this Court will not depart from the governing strong presumption of open access. 2

=== Standing Protective Order ===

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT STANDING PROTECTIVE ORDER It is hereby ordered by the Court that the following shall apply to information, 1. documents, excerpts from documents, and other materials produced in this action pursuant to Federal and Local Rules of Civil Procedure governing disclosure and discovery. Information, documents and other materials may be designated by the producing 2. party in the manner permitted (“the Designating Person”). All such information, documents, excerpts from documents, and other materials will constitute “Designated Material” under this Order. The designation shall be either (a) “CONFIDENTIAL” or (b) CONFIDENTIAL-ATTORNEYS’ EYES ONLY.” This Order shall apply to Designated Material produced by any party or third-party in this action. “CONFIDENTIAL” information means information, documents, or things that have 3. not been made public by the disclosing party and that the disclosing party reasonably and in good faith believes contains or comprises (a) trade secrets, (b) proprietary business information, or (c) information implicating an individual’s legitimate expectation of privacy. 4. “CONFIDENTIAL-ATTORNEY’S EYES ONLY” means CONFIDENTIAL information that the disclosing party reasonably and in good faith believes is so highly sensitive that its disclosure to a competitor could result in significant competitive or commercial disadvantage to the designating party. Designated Material shall not be used or disclosed for any purpose other than 5. the litigation of this action and may be disclosed only as follows: a. Parties: Material designated “CONFIDENTIAL” may be disclosed to parties to this action or directors, officers and employees of parties to this action, who have a legitimate need to see the information in connection with their responsibilities for overseeing the litigation or assisting counsel in preparing the action for trial or settlement. Before Designated Material is disclosed for this purpose, each such person must agree to be bound by this Order by signing a document substantially in the form of Exhibit A. b. Witnesses or Prospective Witnesses: Designated Material, including material designated “CONFIDENTIAL-ATTORNEYS’ EYES ONLY,” may be disclosed to a witness or prospective witness in this action, but only for purposes of testimony or preparation of testimony in this case, whether at trial, hearing, or deposition, but it may not be retained by the witness or prospective witness. Before Designated Material is disclosed for this purpose, each such person must agree to be bound by this Order, by signing a document substantially in the form of Exhibit A. c. Outside Experts: Designated Material, including material designated “CONFIDENTIAL-ATTORNEYS’ EYES ONLY,” may be disclosed to an outside expert for the purpose of obtaining the expert’s assistance in the litigation. Before Designated Material is disclosed for this purpose, each such person must agree to be bound by this Order, by signing a document substantially in the form of Exhibit A. d. Counsel: Designated Material, including material designated “CONFIDENTIAL- ATTORNEYS’ EYES ONLY,” may be disclosed to counsel of record and in- house counsel for parties to this action and their associates, paralegals, and regularly employed office staff. e. Other Persons: Designated Material may be provided as necessary to copying services, translators, and litigation support firms. Before Designated Material is disclosed to such third parties, each such person must agree to be bound by this Order by signing a document substantially in the form of Exhibit A. Prior to disclosing or displaying any Designated Material to any person, counsel 6. shall: a. Inform the person of the confidential nature of the Designated Material; and b. Inform the person that this Court has enjoined the use of the Designated Material by him/her for any purpose other than this litigation and has enjoined the disclosure of that information or documents to any other person. 7. The confidential information may be displayed to and discussed with the persons identified in Paragraphs 5(b) and (c) only on the condition that, prior to any such display or discussion, each such person shall be asked to sign an agreement to be bound by this Order in the form attached hereto as Exhibit A. In the event such person refuses to sign an agreement in substantially the form attached as Exhibit A, the party desiring to disclose the confidential information may seek appropriate relief from the Court. A person having custody of Designated Material shall maintain it in a manner that 8. limits access to the Designated Material to persons permitted such access under this Order. Counsel shall maintain a collection of all signed documents by which persons 9. have agreed to be bound by this Order. 10. Documents shall be designated by stamping or otherwise marking the documents with the words “CONFIDENTIAL” or “CONFIDENTIAL-FOR ATTORNEYS’ EYES ONLY” thus clearly identifying the category of Designated Material for which protection is sought under the terms of this Order. Designated Material not reduced to documentary form shall be designated by the producing party in a reasonably equivalent way. The parties will use reasonable care to avoid designating as confidential 11. documents or information that does not need to be designated as such. 12. A party may submit a request in writing to the party who produced Designated Material that the designation be modified or withdrawn. If the Designating Person does not agree to the redesignation within fifteen business days, the objecting party may apply to the Court for relief. Upon any such application, the burden shall be on the Designating Person to show why the designation is proper. Before serving a written challenge, the objecting party must attempt in good faith to meet and confer with the Designating Person in an effort to resolve the matter. The Court may award sanctions if it finds that a party’s position was taken without substantial justification. 13. Deposition transcripts or portions thereof may be designated either (a) when the testimony is recorded, or (b) by written notice to all counsel of record, given within ten business days after the Designating Person’s receipt of the transcript in which case all counsel receiving such notice shall be responsible for marking the copies of the designated transcript or portion thereof in their possession or control as directed by the Designating Person. Pending expiration of the ten business days, the deposition transcript shall be treated as designated. When testimony is designated at a deposition, the Designating Person may exclude from the deposition all persons other than those to whom the Designated Material may be disclosed under paragraph 5 of this Order. Any party may mark Designated Material as a deposition exhibit, provided the deposition witness is one to whom the exhibit may be disclosed under paragraph 5 of this Order and the exhibit and related transcript pages receive the same confidentiality designation as the original Designated Material. 14. Any Designated Material which becomes part of an official judicial proceeding or which is filed with the Court is public. Such Designated Material will be sealed by the Court only upon motion and in accordance with applicable law, including Rule 5(e) of the Local Rules of this Court. This Protective Order does not provide for the automatic sealing of such Designated Material. If it becomes necessary to file Designated Material with the Court, a party must comply with Local Civil Rule 5 by moving to file the Designated Material under seal. Any filing under seal must also comply with the Court’s Instructions Regarding Confidentiality and Sealing Documents, which is available on the Court website. Filing pleadings or other papers disclosing or containing Designated Material 15. does not waive the designated status of the material. The Court will determine how Designated Material will be treated during trial and other proceedings as it deems appropriate. 16. Upon final termination of this action, all Designated Material and copies thereof shall be returned promptly (and in no event later than forty-five (45) days after entry of final judgment), returned to the producing party, or certified as destroyed to counsel of record for the party that produced the Designated Material, or, in the case of deposition testimony regarding designated exhibits, counsel of record for the Designating Person. Alternatively, the receiving party shall provide to the Designating Person a certification that all such materials have been destroyed. 17. Inadvertent production of confidential material prior to its designation as such in accordance with this Order shall not be deemed a waiver of a claim of confidentiality. Any such error shall be corrected within a reasonable time. 18. Nothing in this Order shall require disclosure of information protected by the attorney-client privilege, or other privilege or immunity, and the inadvertent production of such information shall not operate as a waiver. If a Designating Party becomes aware that it has inadvertently produced information protected by the attorney-client privilege, or other privilege or immunity, the Designating Party will promptly notify each receiving party in writing of the inadvertent production. When a party receives notice of such inadvertent production, it shall return all copies of inadvertently produced material within three business days. Any notes or summaries referring or relating to any such inadvertently produced material subject to claim of privilege or immunity shall be destroyed forthwith. Nothing herein shall prevent the receiving party from challenging the propriety of the attorney-client privilege or work product immunity or other applicable privilege designation by submitting a challenge to the Court. The Designating Party bears the burden of establishing the privileged nature of any inadvertently produced information or material. Each receiving party shall refrain from distributing or otherwise using the inadvertently disclosed information or material for any purpose until any issue of privilege is resolved by agreement of the parties or by the Court. Notwithstanding the foregoing, a receiving party may use the inadvertently produced information or materials to respond to a motion by the Designating Party seeking return or destruction of such information or materials. If a receiving party becomes aware that it is in receipt of information or materials which it knows or reasonably should know is privileged, Counsel for the receiving party shall immediately take steps to (i) stop reading such information or materials, (ii) notify Counsel for the Designating Party of such information or materials, (iii) collect all copies of such information or materials, (iv) return such information or materials to the Designating Party, and (v) otherwise comport themselves with the applicable provisions of the Rules of Professional Conduct. 19. The foregoing is entirely without prejudice to the right of any party to apply to the Court for any further Protective Order relating to Designated Material; or to object to the production of Designated Material; or to apply to the Court for an order compelling production of Designated Material; or for modification of this Order; or to seek any other relief from the Court. 20. The restrictions imposed by this Order may be modified or terminated only by further order of the Court. IT IS SO ORDERED, /s/ Michael P. Shea Michael P. Shea United States District Judge EXHIBIT A I have been informed by counsel that certain documents or information to be disclosed to me in connection with the matter entitled________________________ _______________________________have been designated as confidential. I have been informed that any such documents or information labeled “CONFIDENTIAL PRODUCED PURSUANT TO PROTECTIVE ORDER” are confidential by Order of the Court. I hereby agree that I will not disclose any information contained in such documents to any other person. I further agree not to use any such information for any purpose other than this litigation. DATED: Signed in the presence of: _______________________________(Attorney)

=== Standing Order on Patent Cases ===

STANDING ORDER IN PATENT CASES 1. Application of Standing Order (a) This Standing Order applies to patent infringement, validity and unenforceability actions and proceedings filed in or transferred to this District except those in which a 26(f) conference was held before the effective date of this Standing Order. The Court may modify the obligations or deadlines set forth in this Standing Order based on the circumstances of any particular case, including, without limitation, the simplicity or complexity of the case as shown by the patents, claims, technology, products, or parties involved. (b) The Local Civil Rules and the Standing Order on Scheduling in Civil Cases also apply to such actions and proceedings, except to the extent they are inconsistent with this Standing Order. 2. Initial Scheduling Conference When the parties confer pursuant to Fed. R. Civ. P. 26(f), in addition to the matters covered by Fed. R. Civ. P. 26, the parties must discuss and address in the report filed pursuant to Fed. R. Civ. P. 26(f): (a) any proposed modification of the deadlines or proceedings set forth in this Standing Order; (b) proposed format of and deadlines for claim construction filings and proceedings, including a proposal for any expert discovery the parties propose to take in connection therewith; and (c) proposed format of and deadlines for service of infringement, non-infringement, invalidity and/or unenforceability contentions, including any proposed deadlines for responses thereto or supplementation thereof. 3. Certification of Disclosures All statements, disclosures, or charts filed or served in accordance with this Standing Order are deemed disclosures subject to Rule 26(g) of the Federal Rules of Civil Procedure. 4. Admissibility of Disclosures Statements, disclosures or charts governed by this Standing Order are admissible to the extent permitted by the Federal Rules of Evidence or Civil Procedure. However, the statements and disclosures provided for in Paragraph 11 of this Standing Order are not admissible for any purpose other than in connection with motions seeking an extension or modification of the time periods within which actions contemplated by this Standing Order shall be taken. 1 5. Discovery Objections Based on Standing Order A party may object to a mandatory disclosure under Fed. R. Civ. P. 26(a) or to a discovery request as conflicting with or premature under this Standing Order only if the mandatory disclosure or discovery request would require disclosure of (a) information of the kind dealt with by Paragraphs 6, 7, 8, 10, 11 and 12 of this Standing Order or (b) responses to such information. Where a party properly objects to a discovery request or declines to provide information in its initial disclosures, that party shall provide the requested information by the date on which it is required to be provided under this Standing Order, or as otherwise required by the Court, unless there exists another legitimate grounds for objection. Contentions responsive to information of the kind dealt with by Paragraphs 6, 7, 8, 10, 11 and 12, if sought, may be provided forty-two (42) days after the date on which the information is provided, unless otherwise required by the Court. 6. Disclosure of Asserted Claims and Infringement Contentions Unless otherwise specified by the Court, not later than forty-two (42) days after the filing of the parties’ 26(f) report, a party claiming patent infringement must serve on all parties a “Disclosure of Asserted Claims and Infringement Contentions,” which identifies for each opposing party, each claim of each patent-in-suit that is allegedly infringed and each product or process of each opposing party of which the party claiming infringement is aware that allegedly infringes each identified claim. 7. Invalidity Contentions Unless otherwise specified by the Court, not later than forty-two (42) days after service of the “Disclosure of Asserted Claims and Infringement Contentions,” each party opposing a claim of patent infringement must serve upon all parties its “Invalidity Contentions,” if any. Invalidity Contentions must identify each item of prior art that the party contends allegedly anticipates or renders obvious each asserted claim, and any other grounds of invalidity, including any under 35 U.S.C. § 101 or § 112, or unenforceability of any of the asserted claims. 8. Disclosure Requirement in Patent Cases Initiated by Declaratory Judgment In all cases in which a party files a pleading seeking a declaratory judgment that a patent is not infringed, is invalid, or is unenforceable, Paragraph 6 of this Standing Order shall not apply with respect to such patent unless and until a claim for patent infringement of such patent is made by a party. If a party does not assert a claim for patent infringement in its answer to the declaratory judgment pleading, unless otherwise specified in the Court’s Scheduling Order, the party seeking a declaratory judgment must serve upon all parties its Invalidity Contentions with respect to such patent that conform to Paragraph 7 of this Standing Order not later than forty-two(42) days after the filing of the parties’ 26(f) report. 2 9. Duty to Supplement Contentions The duty to supplement in Fed. R. Civ. P. 26(e) shall apply to the Infringement Contentions and the Invalidity Contentions required by Paragraphs 6 and 7 of this Standing Order. 10. Opinion of Counsel Not later than forty-two (42) days after entry of an order ruling on claim construction, each party that will rely on an opinion of counsel as part of a defense to a claim of willful infringement or inducement of infringement, or that a case is exceptional, must produce or make available for inspection and copying the opinion(s) and any other documents relating to the opinion(s) as to which attorney-client or work product protection has been waived as a result of such production. 11. Joint Disputed Claim Terms Chart By a date specified by the Court, the parties shall cooperate and jointly file a Joint Disputed Claim Terms Chart listing the disputed claim terms and phrases, including each party’s proposed construction, together with an identification of all intrinsic and extrinsic evidence that supports or opposes the construction relied upon by either party. 12. Claim Construction Briefing Unless otherwise specified by the Court: (a) Not later than thirty-five (35) days after filing of the Joint Disputed Claim Terms Chart pursuant to Paragraph 11 of this Standing Order, the parties must serve and file opening claim construction briefs and all supporting evidence and testimony. (b) Not later than thirty-five (35) days after service of the opening claim construction briefs, the parties must serve and file responses to the opening claim construction briefs and any additional supporting evidence and testimony. 13. Confidentiality (a) Discovery may not be withheld on the basis of confidentiality absent Court order. Pending entry of a protective order, the parties shall proceed as follows: (i) If any document, information including electronically stored information (“ESI”), or thing (collectively, “Material”) produced is deemed confidential by the producing party, the Material shall be marked with the 3 level of confidentiality claimed (e.g. “Confidential”, “Highly Confidential – Attorneys’ Eyes Only” or “Highly Confidential – Outside Attorneys’ Eyes Only”), by the disclosing party. Disclosure of the confidential Material shall be limited to each party’s outside attorney(s) of record and the employees of such outside attorney(s), except as set forth in 13(b). (ii) If a party is not represented by an outside attorney, disclosure of the confidential Material shall be limited to one (1) designated “in house” attorney, whose identity and job functions shall be disclosed to the producing party seven (7) days prior to any such disclosure, in order to permit any motion for protective order or other relief regarding such disclosure. (b) After entry of a protective order, the limits on disclosure provided by such order shall apply. IT IS SO ORDERED, /s/ Michael P. Shea Michael P. Shea United States District Judge 4