By Eric Schweibenz
On June 15, 2010, ALJ E. James Gildea issued Order No. 9 granting a renewed joint motion to amend the Protective Order in Certain Digital Set-Top Boxes and Components Thereof (Inv. No. 337-TA-712).

By way of background, on March 25, 2010, Complainants Verizon Communications Inc. and Verizon Services Corp. and Respondent Cablevision Systems Corp. jointly submitted a motion to amend the Protective Order in order to add enhanced confidentiality provisions to protect the parties’ source code.  ALJ Gildea denied that motion without prejudice, determining that the parties had failed to explain why the existing Protective Order was inadequate.  See our June 2, 2010 post for more details.  Following the denial, on June 11, 2010, the parties, joined by the Commission Investigative Staff, renewed their joint motion to amend the Protective Order.

According to ALJ Gildea’s Order, the parties argued that the source code in question was easily copied, central to the highly confidential operation of the products and services at issue in the Investigation, and highly sensitive and valuable intellectual property.  The parties asserted that, for this reason, it would be devastating if the Parties competitors obtained access to the source code.  After considering the parties’ arguments, ALJ Gildea granted the renewed motion, amending the Protective Order.