Editing Openai/69569a57-79cc-8000-bf7e-5d4a3e894d0c (section)

==== In every §337 investigation, the ITC issues a Default Protective Order (DPO) very early (19 C.F.R. § 210.34). Parties can also negotiate modifications, but the core protections are standard. ====

===== Documents are typically labeled: =====
* Confidential Business Information (CBI)
* Highly Confidential – Attorneys’ Eyes Only (HC-AEO)

Each tier strictly limits who can see the information.

HC-AEO is the most important category, because:
* It is not viewable by in-house counsel
* It is not viewable by business personnel
* Only outside counsel + approved experts may access it

This is designed to prevent competitive misuse.

===== Information produced under the PO: =====
* May only be used for the ITC investigation
* May not be used in district court, licensing talks, or business strategy
* Cannot be shared with corporate decision-makers

Violation = sanctions, disbarment risk, and contempt exposure

So on paper, this is very strong protection.

===== The PO governs: =====
* Secure storage (encrypted systems)
* No copying except as necessary
* Mandatory return or destruction after the investigation ends
* Written certification of destruction

===== If someone breaches the PO: =====
* Immediate ITC sanctions
* Possible referral to state bars
* Potential civil liability

This is not theoretical — the ITC does enforce POs aggressively.