14 DAY TRIAL // World of Apple has posted an Order Approving Stipulated Protective Order Subject to Stated Conditions signed by none other than Judge Alsup, reviewing the legal battle between Apple and Psystar. On Tuesday, March 3, 2009, the Judge sua sponte added conditions/restrictions to the request of the parties, outlining several points of interest for both parties.
Earlier this week, Softpedia reported that Apple and Psystar were seeking to restrict access to certain trade secrets and software code in order to avoid any information leaks as they approached the discovery process that would precede a formal trial. According to the request, the material in question may consist of documents, software code, interrogatories, deposition testimony, and other information found during discovery, and it is "not intended to govern" the trial, as AppleInsider indicates. For his part, Judge Alsup promised to establish the guidelines of protection during this phase of the litigation. Which he did, as the Court Order now shows.
According to the World of Apple report, the Order specifically stated (excerpts):
1. The parties must make a good-faith determination that any information designated “confidential” truly warrants protection under Rule 26(c) of the Federal Rules of Civil Procedure. Designations of material as “confidential” must be narrowly tailored to include only material for which there is good cause. A pattern of over-designation may lead to an order un-designating all or most materials on a wholesale basis.
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3. Chambers copies should include all material — both redacted and unredacted — so that chambers staff does not have to reassemble the whole brief or declaration. Although chambers copies should clearly designate which portions are confidential, chambers copies with confidential materials will be handled like all other chambers copies of materials without special restriction, and will typically be recycled, not shredded.
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5. Any confidential materials used openly in court hearings or trial will not be treated in any special manner absent a further order.
6. This order does not preclude any party from moving to undesignate information or documents that have been designated as confidential. The party seeking to designate material as confidential has the burden of establishing that the material is entitled to protection.
7. The Court will retain jurisdiction over disputes arising from the proposed and stipulated protective order for only NINETY DAYS after final termination of the action.
The trial is scheduled for November 9.