26(c)(1) provides that " party or any person from whom discovery is sought may move for a protective order in the court where the action is pending." "The court may, for good cause," issue an order "requiring that a trade secret or other confidential research, development, or commercial information not be revealed or be revealed only in a specified way." 5 4īecause the court agrees with Autodesk that ZWSoft has not shown that a genuine risk of liability under Chinese law or other factors justify the additional protective measures it seeks, ZWSoft's motion is DENIED.įed. 3 ZWSoft alternatively seeks an order that ZWSoft's source code already deposited in Beijing be made available for inspection only in China and the parties adopt ZWSoft's amended protective order. To mitigate the risk that discovery of its data and documents outside of China may subject it to liability under Chinese state secret and privacy laws, ZWSoft moves for a protective order directing that discovery be conducted under the Hague Convention on Taking Evidence Abroad in Civil or Commercial Matters.
What is a bit unusual is that much of the evidence relevant to the plaintiff's claims is located in the People's Republic of China. 2 That much is not all that unusual this district is no stranger to such claims. 1 for copyright infringement and misappropriation of trade secrets. brought this suit against Defendants ZWCAD Software Co., Ltd. Not happy with what it says is the wholesale theft of its proprietary source code, Plaintiff Autodesk, Inc. ORDER DENYING MOTION TO ADOPT THE HAGUE CONVETION OR IN THE ALTERNATIVE TO MODIFY THE PROTECTIVE ORDER United States District Court for the Northern District of California, San Jose Division
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