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`Case 3:16-cv-02787-WHO Document 125 Filed 04/18/17 Page 1 of 34
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`UNITED STATES DISTRICT COURT
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`NORTHERN DISTRICT OF CALIFORNIA
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`SAN FRANCISCO DIVISION
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`Case No. 3:16-cv-2787-WHO
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`STIPULATED SUPPLEMENTAL
`PROTECTIVE ORDER
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`HUAWEI TECHNOLOGIES CO., LTD.,
`HUAWEI DEVICE USA, INC., and
`HUAWEI TECHNOLOGIES USA, INC.,
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`Plaintiff(s)/Counterclaim
`Defendants,
`
`vs.
`
`
`
`
`
`
`
`
`SAMSUNG ELECTRONICS CO., LTD,
`SAMSUNG ELECTRONICS AMERICA,
`INC.,
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`Defendants / Counterclaim-
`Plaintiffs,
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`
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`
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`and
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`
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`SAMSUNG RESEARCH AMERICA,
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`Defendant,
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`v.
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`
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`HISILICON TECHNOLOGIES CO., LTD.,
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`Counterclaim-Defendant.
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`
`
`WHEREAS, the Court entered a Protective Order to protect Party and Non-party
`
`confidential business information in the above-referenced action on January 4, 2017 (ECF No.
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`110) (“Protective Order”); and
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`WHEREAS, Plaintiff and Counterclaim Defendant Huawei Technologies Co., Ltd.,
`
`Huawei Device USA, Inc., and Huawei Technologies USA, Inc. (“Plaintiff” or “Huawei”),
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`Defendants and Counterclaim Plaintiffs Samsung Electronics Co., Ltd. and Samsung Electronics
`
`America, Inc. (“Defendants” or “Samsung”), Defendant Samsung Research America (“Samsung
`
`RA”), and HiSilicon Technologies Co., Ltd. (“HiSilicon”) (each a “Party” or, collectively,
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`1
`STIPULATED SUPPLEMENTAL PROTECTIVE ORDER
`CASE NO. 3:16-CV-2787-WHO
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`

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`Case 3:16-cv-02787-WHO Document 125 Filed 04/18/17 Page 2 of 34
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`“Parties”), and Qualcomm Incorporated (“Qualcomm”), a non-party to this action, may produce
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`confidential source code, schematics, and other documents in this action that include or
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`incorporate CONFIDENTIAL INFORMATION belonging to Qualcomm (“Qualcomm
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`Confidential Information”); and
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`WHEREAS the Parties and Non-Party Qualcomm have agreed to provisions in addition
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`to those contained in the Protective Order to protect against misuse or disclosure of such
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`Qualcomm Confidential Information;
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`WHEREFORE, IT IS HEREBY ORDERED that source code, schematics, or documents
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`that incorporate Qualcomm Confidential Information produced in connection with the above-
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`captioned matters that are designated as “QUALCOMM CONFIDENTIAL BUSINESS
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`INFORMATION – OUTSIDE ATTORNEYS’ EYES ONLY” and “QUALCOMM
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`CONFIDENTIAL BUSINESS INFORMATION – OUTSIDE ATTORNEYS’ EYES ONLY –
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`CONFIDENTIAL SOURCE CODE” shall be subject to the following restrictions:
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`Definitions
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`1.
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`“Qualcomm Material”: Confidential information (regardless of how generated,
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`stored, or maintained) or tangible things that include or incorporate Non-Party Qualcomm
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`Confidential Information, that Non-Party Qualcomm: (i) would not normally reveal to third
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`parties except in confidence, or has undertaken with others to maintain in confidence; (ii)
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`believes in good faith is significantly sensitive; or (iii) is protected by a right to privacy under
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`federal or state law, or any other applicable privilege or right related to confidentiality or
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`privacy. Qualcomm Material includes all information, documents, source code, schematics,
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`testimony, and things produced, served, or otherwise provided in this action by any Party or by
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`Non-Party Qualcomm, that include or incorporate Qualcomm Confidential Information.
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`2
`STIPULATED SUPPLEMENTAL PROTECTIVE ORDER
`CASE NO. 3:16-CV-2787-WHO
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`

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`Case 3:16-cv-02787-WHO Document 125 Filed 04/18/17 Page 3 of 34
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`2.
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`“QUALCOMM CONFIDENTIAL BUSINESS INFORMATION – OUTSIDE
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`ATTORNEYS’ EYES ONLY” material: information, documents, and things that include or
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`incorporate Qualcomm Material.
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`3.
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`“Source Code”: includes human-readable programming language text that
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`defines software, firmware, (collectively, “software Source Code”) and integrated circuits
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`(“hardware Source Code”). Text files containing Source Code shall hereinafter be referred to as
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`“Source Code files.” Software Source Code files shall include, but are not limited to, files
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`containing Source Code in “C,” “C++,” BREW, Java ME, J2ME, assembler, digital signal
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`processor (DSP) programming languages, and other human readable text programming
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`languages. Software Source Code files further include “.include files,” “make” files, “link” files,
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`and other human-readable text files used in the generation and/or building of software directly
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`executed on a microprocessor, micro-controller, or DSP. Hardware Source Code files include,
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`but are not limited to, files containing Source Code in VDHL, Verilog, and other Hardware
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`Description Language (“HDL”) formats, including but not limited to, Register Transfer Level
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`(“RTL”) descriptions.
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`4.
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`“Chip-Level Schematics”: means symbolic representations of analog electric or
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`electronic circuits from which the physical structure of a chip is directly derived.
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`5.
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`“QUALCOMM CONFIDENTIAL BUSINESS INFORMATION – OUTSIDE
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`ATTORNEYS’ EYES ONLY – CONFIDENTIAL SOURCE CODE” material: Qualcomm
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`Material that includes Source Code and Chip-Level Schematics that constitute proprietary
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`technical or commercially sensitive competitive information that Non-Party Qualcomm
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`maintains as highly confidential in its business, the disclosure of which is likely to cause harm to
`
`the competitive position of Non-Party Qualcomm. This includes Source Code and Chip-Level
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`3
`STIPULATED SUPPLEMENTAL PROTECTIVE ORDER
`CASE NO. 3:16-CV-2787-WHO
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`

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`Case 3:16-cv-02787-WHO Document 125 Filed 04/18/17 Page 4 of 34
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`Schematics in the Producing Party’s possession, custody, or control, and made available for
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`inspection by the Producing Party.
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`6.
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`“Designated Qualcomm Material”: material that is designated “QUALCOMM
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`CONFIDENTIAL BUSINESS INFORMATION – OUTSIDE ATTORNEYS’ EYES ONLY” or
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`“QUALCOMM CONFIDENTIAL BUSINESS INFORMATION – OUTSIDE ATTORNEYS’
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`EYES ONLY – CONFIDENTIAL SOURCE CODE” under this Supplemental Protective Order.
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`7.
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`“Designated Source Code Material”: material that is designated “QUALCOMM
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`CONFIDENTIAL BUSINESS INFORMATION – OUTSIDE ATTORNEYS’ EYES ONLY –
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`CONFIDENTIAL SOURCE CODE” under this Supplemental Protective Order.
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`8.
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`“Personnel Retained by a Receiving Party in this Action” means any consultants,
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`experts, or outside counsel (including their support staff) that have been and continue to be
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`retained by a Receiving Party in this action. For the sake of clarity, any person who was retained
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`by a Receiving Party in this action will no longer fall under this definition if that person ceases to
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`be retained by a Receiving Party in this action.
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`9.
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`“Party” means any Party to the above-captioned action, including all of its
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`officers, directors, employees, consultants, retained experts, and all support staff thereof.
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`10.
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`“Producing Party” means a party or non-party that discloses or produces
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`Designated Qualcomm Material in the above-captioned action.
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`11.
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`“Receiving Party” a Party that receives Designated Qualcomm Material from a
`
`Producing Party in the above-captioned actions.
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`12.
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`“Authorized Reviewer(s)” shall mean persons authorized to review
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`“QUALCOMM CONFIDENTIAL BUSINESS INFORMATION – OUTSIDE ATTORNEYS’
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`EYES ONLY” and “QUALCOMM CONFIDENTIAL BUSINESS INFORMATION –
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`4
`STIPULATED SUPPLEMENTAL PROTECTIVE ORDER
`CASE NO. 3:16-CV-2787-WHO
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`

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`Case 3:16-cv-02787-WHO Document 125 Filed 04/18/17 Page 5 of 34
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`OUTSIDE ATTORNEYS’ EYES ONLY – CONFIDENTIAL SOURCE CODE” material in
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`accordance with the Protective Order and this Supplemental Protective Order.
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`13.
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`“Counsel of Record”: (i) outside counsel who appears on the pleadings, or has
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`entered an appearance in this action, as counsel for a Party; and (ii) partners, principals, counsel,
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`associates, employees, and contract attorneys of such outside counsel to whom it is reasonably
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`necessary to disclose the information for this litigation, including supporting personnel employed
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`by the attorneys, such as paralegals, legal translators, legal secretaries, legal clerks, and
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`shorthand reporters.
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`14.
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`“Outside Consultant”: a person with specialized knowledge or experience in a
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`matter pertinent to the litigation who has been retained by Counsel of Record to serve as an
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`expert witness or a litigation consultant in this action (including any necessary support personnel
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`of such person to whom disclosure is reasonably necessary for this litigation), and who is not a
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`current employee of a Party, of a competitor of a Party, or of Non-Party Qualcomm, and who, at
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`the time of retention, is not anticipated to become an employee of, or a non-litigation consultant
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`of: (1) a Party; (2) a competitor of a Party; (3) a competitor of Non-Party Qualcomm; or (4)
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`Non-Party Qualcomm.
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`15.
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`“Professional Vendors”: persons or entities that provide litigation support
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`services (e.g., photocopying; videotaping; translating; designing and preparing exhibits, graphics,
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`or demonstrations; organizing, storing, retrieving data in any form or medium, etc.) and their
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`employees and subcontractors who have been retained or directed by Counsel of Record in this
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`action, and who are not current employees of a Party, a competitor of a Party, or of Non-Party
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`Qualcomm, and who, at the time of retention, are not anticipated to become employees of: (1) a
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`Party; (2) a competitor of a Party; (3) a competitor of Non-Party Qualcomm; or (4) Non-Party
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`5
`STIPULATED SUPPLEMENTAL PROTECTIVE ORDER
`CASE NO. 3:16-CV-2787-WHO
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`

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`Case 3:16-cv-02787-WHO Document 125 Filed 04/18/17 Page 6 of 34
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`Qualcomm. This definition includes ESI vendors, and professional jury or trial consultants
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`retained in connection with this litigation to assist a Party, Counsel of Record, or any Outside
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`Consultant in their work. Professional vendors do not include consultants who fall within the
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`definition of Outside Consultant.
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`Relationship to Protective Order
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`16.
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`This Supplemental Protective Order shall not diminish any existing restriction
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`with respect to Designated Qualcomm Material. The Parties and Qualcomm acknowledge and
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`agree that this Supplemental Protective Order is a supplement to the Protective Order entered in
`
`this action. The Protective Order applies to all material designated pursuant to this Supplemental
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`Protective Order. To the extent that there is any confusion or conflict between protective orders
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`with respect to Designated Qualcomm Material, then this Supplemental Protective Order
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`governs.
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`17.
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`In addition to the restrictions outlined in this Supplemental Protective Order,
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`material designated as “QUALCOMM CONFIDENTIAL BUSINESS INFORMATION –
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`OUTSIDE ATTORNEYS’ EYES ONLY – CONFIDENTIAL SOURCE CODE” shall be subject
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`to obligations with respect to “RESTRICTED CONFIDENTIAL SOURCE CODE” materials
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`outlined in the Protective Order.
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`18.
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`In addition to the restrictions outlined in this Supplemental Protective Order,
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`material designated as “QUALCOMM CONFIDENTIAL BUSINESS INFORMATION –
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`OUTSIDE ATTORNEYS’ EYES ONLY” shall be subject to obligations with respect to
`
`“RESTRICTED – ATTORNEYS’ EYES ONLY” material outlined in the Protective Order.
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`Scope
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`19.
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`The protections conferred by this Supplemental Protective Order cover not only
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`Designated Qualcomm Material (as defined above), but also any information copied or extracted
`
`
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`6
`STIPULATED SUPPLEMENTAL PROTECTIVE ORDER
`CASE NO. 3:16-CV-2787-WHO
`
`

`

`
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`Case 3:16-cv-02787-WHO Document 125 Filed 04/18/17 Page 7 of 34
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`therefrom, as well as all copies, excerpts, summaries, or compilations thereof. Nothing herein
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`shall alter or change in any way the discovery provisions of the Federal Rules of Civil Procedure
`
`or any applicable local rules or general orders. Identification of any individual pursuant to this
`
`Supplemental Protective Order does not make that individual available for deposition, or any
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`other form of discovery outside of the restrictions and procedures of the Federal Rules of Civil
`
`Procedure or any applicable rules or general orders.
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`20.
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`This Supplemental Protective Order shall not prevent a disclosure to which Non-
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`Party Qualcomm consents in writing before that disclosure takes place.
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`21.
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`This Supplemental Protective Order shall apply to all Designated Qualcomm
`
`Material that is produced or provided for inspection in this action, including all Designated
`
`Qualcomm Material that is in the possession, custody, or control of Qualcomm or any Party in
`
`these actions, or that is otherwise relevant to these actions.
`
`Access to Designated Qualcomm Material
`
`22.
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`Access to “QUALCOMM CONFIDENTIAL BUSINESS INFORMATION –
`
`OUTSIDE ATTORNEYS’ EYES ONLY” Material: unless otherwise ordered by the Court or
`
`permitted in writing by Non-Party Qualcomm, a Receiving Party may disclose any information,
`
`document, or thing designated “QUALCOMM CONFIDENTIAL BUSINESS INFORMATION
`
`– OUTSIDE ATTORNEYS’ EYES ONLY” only to:
`
`a.
`
`Persons who appear on the face of Designated Qualcomm Material as an
`
`author, addressee, or recipient thereof, or persons who have been
`
`designated under FRCP 30(b)(6) or Rule 45 to provide testimony of behalf
`
`of a Producing Party or Qualcomm regarding the same;
`
`b.
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`Counsel of Record;
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`7
`STIPULATED SUPPLEMENTAL PROTECTIVE ORDER
`CASE NO. 3:16-CV-2787-WHO
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`

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`Case 3:16-cv-02787-WHO Document 125 Filed 04/18/17 Page 8 of 34
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`c.
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`Outside Consultants of the Receiving Party to whom disclosure is
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`reasonably necessary for this litigation, and who have, after the date of this
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`Supplemental Protective Order, signed the “Acknowledgement And
`
`Agreement To Be Bound By Supplemental Protective Order Governing
`
`Confidential Information of Non-Party Qualcomm In This Case” attached
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`hereto as Exhibit A, and the “Certification Of Consultant Re Supplemental
`
`Protective Order Governing Confidential Information of Non-Party
`
`Qualcomm In This Case,” attached hereto as Exhibit B;
`
`d.
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`Any designated arbitrator or mediator who is assigned to hear this matter,
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`or who has been selected by the Parties, and his or her staff; who have,
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`after the date of this Supplemental Protective Order, signed the
`
`“Acknowledgement And Agreement To Be Bound By Supplemental
`
`Protective Order Governing Confidential Information of Non-Party
`
`Qualcomm In This Case” attached hereto as Exhibit A, and the
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`“Certification Of Consultant Re Supplemental Protective Order Governing
`
`Confidential Information of Non-Party Qualcomm In This Case,” attached
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`hereto as Exhibit B, as well as any arbitrator’s or mediator’s staff who
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`have also signed Exhibits A and B;
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`e.
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`Court reporters and videographers employed in connection with this
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`action;
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`f.
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`Professional Vendors to whom disclosure is reasonably necessary for this
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`action, and a representative of which has signed the “Acknowledgement
`
`And Agreement To Be Bound By Supplemental Protective Order
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`8
`STIPULATED SUPPLEMENTAL PROTECTIVE ORDER
`CASE NO. 3:16-CV-2787-WHO
`
`

`

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`Case 3:16-cv-02787-WHO Document 125 Filed 04/18/17 Page 9 of 34
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`Governing Confidential Information of Non-Party Qualcomm In This
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`Case” attached hereto as Exhibit A, subject to the following exception:
`
`Designated Qualcomm Material shall not be disclosed to mock jurors
`
`without Non-Party Qualcomm’s express written consent; and
`
`g.
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`The Court and its personnel, including the jury.
`
`23.
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`Access to “QUALCOMM CONFIDENTIAL BUSINESS INFORMATION –
`
`OUTSIDE ATTORNEYS’ EYES ONLY – CONFIDENTIAL SOURCE CODE” material:
`
`unless otherwise ordered by the Court or permitted in writing by Non-Party Qualcomm, a
`
`Receiving Party may disclose any information, document, or thing designated “QUALCOMM
`
`CONFIDENTIAL BUSINESS INFORMATION – OUTSIDE ATTORNEYS’ EYES ONLY –
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`CONFIDENTIAL SOURCE CODE” only to:
`
`a.
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`Persons who appear on the face of Designated Qualcomm Material as an
`
`b.
`
`c.
`
`author, addressee, or recipient thereof, or persons who have been
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`designated under FRCP 30(b)(6) to provide testimony of behalf of a
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`Producing Party or Qualcomm regarding the same;
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`Counsel of Record;
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`Outside Consultants of the Receiving Party to whom disclosure is
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`reasonably necessary for this litigation, and who have, after the date of this
`
`Supplemental Protective Order, signed the “Acknowledgement And
`
`Agreement To Be Bound By Supplemental Protective Order Governing
`
`Confidential Information of Non-Party Qualcomm In This Case” attached
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`hereto as Exhibit A, and the “Certification Of Consultant Re Supplemental
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`9
`STIPULATED SUPPLEMENTAL PROTECTIVE ORDER
`CASE NO. 3:16-CV-2787-WHO
`
`

`

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`Case 3:16-cv-02787-WHO Document 125 Filed 04/18/17 Page 10 of 34
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`Protective Order Governing Confidential Information of Non-Party
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`Qualcomm In This Case,” attached hereto as Exhibit B;
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`d.
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`Any designated arbitrator or mediator who is assigned to hear this matter,
`
`or who has been selected by the Parties, and his or her staff; who have,
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`after the date of this Supplemental Protective Order, signed the
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`“Acknowledgement And Agreement To Be Bound By Supplemental
`
`Protective Order Governing Confidential Information of Non-Party
`
`Qualcomm In This Case” attached hereto as Exhibit A, and the
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`“Certification Of Consultant Re Supplemental Protective Order Governing
`
`Confidential Information of Non-Party Qualcomm In This Case,” attached
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`hereto as Exhibit B, as well as any arbitrator’s or mediator’s staff who
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`have also signed Exhibits A and B, provided, however, that before such
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`disclosure, Qualcomm is provided notice including: (a) the individual’s
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`name and business title; (b) business address; (c) business or professions;
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`and (d) the individual’s CV. Qualcomm shall have five business days
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`from receipt of the notice to object in writing to such disclosure (plus three
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`extra days if notice is given other than by hand delivery, e-mail delivery,
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`or facsimile transmission). After the expiration of the five business days
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`(plus three days, if appropriate) period, if no objection has been asserted,
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`then “QUALCOMM CONFIDENTIAL BUSINESS INFORMATION –
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`OUTSIDE ATTORNEYS’ EYES ONLY – CONFIDENTIAL SOURCE
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`CODE” materials may be disclosed pursuant to the terms of this
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`Supplemental Protective Order;
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`10
`STIPULATED SUPPLEMENTAL PROTECTIVE ORDER
`CASE NO. 3:16-CV-2787-WHO
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`Case 3:16-cv-02787-WHO Document 125 Filed 04/18/17 Page 11 of 34
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`e.
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`Court reporters and videographers employed in connection with this
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`action, subject to the provisions provided in subparagraph 33(g) herein;
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`f.
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`Professional Vendors to whom disclosure is reasonably necessary for this
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`action, and a representative of which has signed the “Acknowledgement
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`And Agreement To Be Bound By Supplemental Protective Order
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`Governing Confidential Information of Non-Party Qualcomm In This
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`Case” attached hereto as Exhibit A, subject to the following exception:
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`Designated Qualcomm Material shall not be disclosed to mock jurors
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`without Non-Party Qualcomm’s express written consent; and
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`g.
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`The Court and its personnel, including the jury.
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`24.
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`Notwithstanding the Protective Order, unless otherwise ordered or agreed in
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`writing by Non-Party Qualcomm, Designated Qualcomm Material may not be disclosed to
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`employees of a Receiving Party, including its in-house attorneys and support staff.
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`25.
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`Notwithstanding the Protective Order, unless otherwise ordered or agreed in
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`writing by Non-Party Qualcomm, Designated Qualcomm Material may not be disclosed to mock
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`jurors.
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`26.
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`[Section left intentionally blank]
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`27.
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`The Parties acknowledge that Designated Qualcomm Material may also be subject
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`to the U.S. government export control and economic sanctions laws, including the Export
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`Administration Regulations (“EAR,” 15 CFR 730, et seq., http://www.bis.doc.gov/) administered
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`by the Department of Commerce, Bureau of Industry and Security, and the Foreign Asset
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`Control Regulations (31 CFR 500, et seq., http://www.treas.gov/offices/enforcement/ofac/)
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`administered by the Department of Treasury, Office of Foreign Assets Control (“OFAC”).
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`STIPULATED SUPPLEMENTAL PROTECTIVE ORDER
`CASE NO. 3:16-CV-2787-WHO
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`Case 3:16-cv-02787-WHO Document 125 Filed 04/18/17 Page 12 of 34
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`Receiving Parties may not directly or indirectly export, re-export, transfer, or release
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`(collectively, “Export”) any Designated Qualcomm Material to any destination, person, entity, or
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`end user prohibited or restricted under U.S. law without prior U.S. government authorization to
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`the extent required by regulation. The U.S. government maintains embargoes and sanctions
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`against the countries listed in Country Groups E: 1/2 of the EAR (Supplement 1 to part 740),
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`currently Cuba, Iran, Libya, North Korea, North Sudan and Syria but any amendments to these
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`lists shall apply.
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`28.
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`Receiving Party may host “QUALCOMM CONFIDENTIAL BUSINESS
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`INFORMATION – OUTSIDE ATTORNEYS’ EYES ONLY” material only on either: (1) any
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`system inside the firewall of a law firm representing the Receiving Party; or (2) inside the system
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`of a professional ESI Vendor retained by Counsel of Record of the Receiving Party.
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`“QUALCOMM CONFIDENTIAL BUSINESS INFORMATION – OUTSIDE ATTORNEYS’
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`EYES ONLY” material also cannot be sent or transmitted to any person, location, or vendor
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`outside of the U.S. except to Counsel of Record and Outside Consultants designated pursuant to
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`subparagraphs 22(c) and 23(c) above. To the extent that any “QUALCOMM CONFIDENTIAL
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`BUSINESS INFORMATION – OUTSIDE ATTORNEYS’ EYES ONLY” material is
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`transmitted from or to authorized recipients outside of the Receiving Party’s Outside Counsel’s
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`offices, or outside of the ESI Vendor’s system, the transmission shall be by hand (and encrypted
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`if in electronic format), by a secure transport carrier (e.g., Federal Express), or by secure
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`electronic means, such as email using an encrypted password-protected container (other than
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`Trucrypt), or download via secure FTP. “QUALCOMM CONFIDENTIAL BUSINESS
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`INFORMATION – OUTSIDE ATTORNEYS’ EYES ONLY – CONFIDENTIAL SOURCE
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`CODE” may not be transmitted by electronic means; however, this should not be understood to
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`STIPULATED SUPPLEMENTAL PROTECTIVE ORDER
`CASE NO. 3:16-CV-2787-WHO
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`Case 3:16-cv-02787-WHO Document 125 Filed 04/18/17 Page 13 of 34
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`prohibit the electronic transmittal of testifying experts’ reports or drafts, court filings, and trial
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`demonstratives, thereof that may refer to “QUALCOMM CONFIDENTIAL BUSINESS
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`INFORMATION – OUTSIDE ATTORNEYS’ EYES ONLY – CONFIDENTIAL SOURCE
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`CODE,” subject to the limitations set forth in Section 33(g) herein, and as long as such electronic
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`transmittal is by secure electronic means, such as email using an encrypted password-protected
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`container (other than Trucrypt), or download via secure FTP. Court filings containing
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`“QUALCOMM CONFIDENTIAL BUSINESS INFORMATION – OUTSIDE ATTORNEYS’
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`EYES ONLY” and “QUALCOMM CONFIDENTIAL BUSINESS INFORMATION –
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`OUTSIDE ATTORNEYS’ EYES ONLY – CONFIDENTIAL SOURCE CODE” may be
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`submitted via the Court’s ECF filing system subject to the limitations set forth in Section 33(g)
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`herein.
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`29.
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`Each person to whom Designated Qualcomm Material may be disclosed, and who
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`is required to sign the “Acknowledgement And Agreement To Be Bound By Supplemental
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`Protective Order Governing Confidential Information of Non-Party Qualcomm In This Case”
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`attached hereto as Exhibit A and, if applicable, the “Certification Of Consultant Re Supplemental
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`Protective Order Governing Confidential Information of Non-Party Qualcomm In This Case,”
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`attached hereto as Exhibit B, shall do so, prior to the time such Designated Qualcomm Material
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`is disclosed to him or her. Counsel for the Receiving Party who makes any disclosure of
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`Designated Qualcomm Material shall retain each original executed certificate and, upon written
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`request, shall provide copies to counsel for Non-Party Qualcomm at the termination of this
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`action.
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`30.
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`Absent written permission from Non-Party Qualcomm, persons not permitted
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`access to Designated Qualcomm Material under the terms of this Supplemental Protective Order
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`STIPULATED SUPPLEMENTAL PROTECTIVE ORDER
`CASE NO. 3:16-CV-2787-WHO
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`Case 3:16-cv-02787-WHO Document 125 Filed 04/18/17 Page 14 of 34
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`shall not be present at depositions while Designated Qualcomm Material is discussed or
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`otherwise disclosed. Pre-trial and trial proceedings shall be conducted in a manner, subject to
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`the supervision of the Court, to protect Designated Qualcomm Material from disclosure to
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`persons not authorized to have access to such Designated Qualcomm Material. Any Party
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`intending to disclose or discuss Designated Qualcomm Material at pre-trial or trial proceedings
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`must give advance notice to the Producing Party to assure the implementation of the terms of this
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`Supplemental Protective Order.
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`Access By Outside Consultants
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`31.
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`Notice. If a Receiving Party wishes to disclose Designated Qualcomm Material
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`to any Outside Consultant, Receiving Party must, prior to the Outside Consultant being granted
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`access to any Designated Qualcomm Material, provide notice to counsel for Non-Party
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`Qualcomm, which notice shall include: (a) the individual’s name and business title; (b) business
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`address; (c) business or profession; (d) the individual’s CV; (e) any previous or current
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`relationship (personal or professional) with Non-Party Qualcomm or any of the Parties to this
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`action; (f) a list of other cases in which the individual has testified (at trial or deposition) within
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`the last six years; and (g) a list of all companies with which the individual has consulted or by
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`which the individual has been employed within the last four years, the dates of the consultancy
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`or employment, a brief description of the subject matter of the consultancy or employment, and
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`copies of the “Acknowledgement and Agreement To Be Bound By Supplemental Protective
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`Order Governing Confidential Information of Non-Party Qualcomm In This Case,” attached as
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`Exhibit A, and the “Certification Of Consultant Re Supplemental Protective Order Governing
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`Confidential Information of Non-Party Qualcomm In This Case,” attached hereto as Exhibit B,
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`that have both been signed by that Outside Consultant.
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`14
`STIPULATED SUPPLEMENTAL PROTECTIVE ORDER
`CASE NO. 3:16-CV-2787-WHO
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`Case 3:16-cv-02787-WHO Document 125 Filed 04/18/17 Page 15 of 34
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`32. Objections. With respect to Outside Consultants that have not been previously
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`disclosed to Non-Party Qualcomm, Non-Party Qualcomm shall have five business days, starting
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`from the first business day following the date upon which Receiving Party provides the notice
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`and all information required by paragraph 31 to the Producing Party, to object for good cause in
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`writing to such disclosure (plus three extra days if notice is given in any manner other than by
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`hand delivery, e-mail delivery, or facsimile transmission). After the expiration of the five
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`business days (plus three days, if appropriate) period, if no objection for good cause has been
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`asserted by Non-Party Qualcomm, then Designated Qualcomm Material may be disclosed to the
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`Outside Consultant pursuant to the terms of this Supplemental Protective Order. Any objection
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`by Non-Party Qualcomm must be made for good cause, and must set forth in detail the grounds
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`on which it is based. Should Receiving Party disagree with the basis for the objection(s),
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`Receiving Party must first attempt to resolve the objection(s) informally with Non-Party
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`Qualcomm. If the informal efforts do not resolve the dispute within five business days from the
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`date upon which Receiving Party was first notified of any objection for good cause by Non-Party
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`Qualcomm, Receiving Party may file a motion requesting that the objection(s) be quashed after
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`that five-day period has passed. Non-Party Qualcomm shall have the burden of proof by a
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`preponderance of the evidence on the issue of the sufficiency of the objection(s). Pending a
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`ruling by the Court upon any such objection(s), or the subsequent resolution of the objection for
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`good cause by Receiving Party and Non-Party Qualcomm, the discovery material shall not be
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`disclosed to the person objected to by Non-Party Qualcomm.
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`Production of “QUALCOMM CONFIDENTIAL BUSINESS INFORMATION –
`OUTSIDE ATTORNEYS’ EYES ONLY – CONFIDENTIAL SOURCE CODE” Material
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`33.
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`Non-Party Qualcomm’s Source Code and Chip-Level Schematics:
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`15
`STIPULATED SUPPLEMENTAL PROTECTIVE ORDER
`CASE NO. 3:16-CV-2787-WHO
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`Case 3:16-cv-02787-WHO Document 125 Filed 04/18/17 Page 16 of 34
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`a. To the extent that a Producing Party makes Non-Party Qualcomm’s Source
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`Code or Chip-Level Schematics available for inspection:
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`(i) The Producing Party shall make all relevant and properly requested Non-
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`Party Qualcomm Source Code available electronically and in text
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`searchable form: (1) if produced by Non-Party Qualcomm, in a separate
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`room at a secure facility selected by Non-Party Qualcomm; or (2) if
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`produced by Defendants, at the offices of Counsel of Record for the
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`producing Defendants or at such a secure facility approved by
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`Qualcomm. The Producing Party shall make the Source Code available
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`for inspection on two or more stand-alone, non-networked personal
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`computers running a reasonably current version of the Microsoft
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`Windows operating system (“Source Code Computers”). Alternatively,
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`solely at the option of the Producing Party, the Producing Party may
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`make such source code available on a Source Code Computer that is
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`networked, in a configuration deemed secure by Non-Party Qualcomm.
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`The Source Code Computers shall be configured to permit review of the
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`Source Code through a password-protected account having read-only
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`access. To facilitate review of the Source Code at the secure facility, the
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`Receiving Party may use appropriate tool software on the Source Code
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`Computers, which shall be installed by the Producing Party, including at
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`least one text editor like Visual Slick Edit that is capable of printing out
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`Source Code with page and/or line numbers, a source code comparison
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`tool like WinMerge, and at least one multi-text file text search tool such
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`16
`STIPULATED SUPPLEMENTAL PROTECTIVE ORDER
`CASE NO. 3:16