Case 1:20-cv-01247-CFC Document 25 Filed 09/28/22 Page 1 of 30 PagelD #: 507
`Case 1:20-cv-01247-CFC Document 25 Filed 09/28/22 Page 1 of 30 PageID #: 507
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`Plaintiffs,
`
`v.
`
`DELL TECHNOLOGIESINC., and
`DELLINC.,
`
`
`
`
`
`KONINKLIJKE PHILIPSN.V., and
`
`
`
`
`KONINKLIJKE PHILIPS N.V., and
`PHILIPS NORTH AMERICA LLC
`
`
`
`
`Defendants.
`
`PHILIPS NORTH AMERICA LLC
`
`
`
`
`
`
`
`Plaintiffs,
`
`
`
`KONINKLIJKE PHILIPS N.V., and
`PHILIPS NORTH AMERICA LLC
`
`Plaintiffs,
`
`v.
`
`
`
`LENOVO GROUP LTD., and
`LENOVO (UNITED STATES)INC.,
`
`
`Defendants.
`
`
`C.A. No.: 20-cv-1240-CFC
`
`JURY TRIAL DEMANDED
`
`C.A. No.: 20-cv-1241-CFC
`
`JURY TRIAL DEMANDED
`
`C.A. No.: 20-cv-1242-CFC
`
`JURY TRIAL DEMANDED
`
`

`

`Case 1:20-cv-01247-CFC Document 25 Filed 09/28/22 Page 2 of 30 PagelD #: 508
`Case 1:20-cv-01247-CFC Document 25 Filed 09/28/22 Page 2 of 30 PageID #: 508
`
`C.A. No.: 20-cv-1243-CFC
`
`JURY TRIAL DEMANDED
`
`C.A. No.: 20-cv-1246-CFC
`
`JURY TRIAL DEMANDED
`
`C.A. No.: 20-cv-1247-CFC
`
`JURY TRIAL DEMANDED
`
`Plaintiffs,
`
`V.
`
`INTEL CORPORATION,
`
`
`
`
`KONINKLIJKE PHILIPS N.V., and
`PHILIPS NORTH AMERICA LLC
`
`
`
`
`
`Defendants.
`
`
`
`
`
`KONINKLIJKE PHILIPS N.V., and
`PHILIPS NORTH AMERICA LLC
`
`Plaintiffs,
`
`Vv.
`
`MEDIATEKINC., and MEDIATEK
`USAINC.,
`
`Defendants.
`
`
`
`
`
`
`KONINKLIJKE PHILIPS N.V., and
`PHILIPS NORTH AMERICA LLC
`
`
`
`
`
`
`Defendants.
`
`
`Plaintiffs,
`
`V.
`
`REALTEK SEMICONDUCTOR
`CORP.,
`
`

`

`Case 1:20-cv-01247-CFC Document 25 Filed 09/28/22 Page 3 of 30 PagelD #: 509
`Case 1:20-cv-01247-CFC Document 25 Filed 09/28/22 Page 3 of 30 PageID #: 509
`
`STIPULATED PROTECTIVE ORDER REGARDING THE DISCLOSURE
`AND USE OF DISCOVERY MATERIALS
`
`Koninklijke Philips N.V. and Philips North America LLC (collectively “Plaintiff’), along
`
`with each of the Defendants in the above-captioned cases, Dell Technologies Inc., Dell Inc., HP
`
`Inc., Lenovo Group Ltd., Lenovo (United States), Inc., Intel Corporation, MediaTek Inc.,
`
`MediaTek USA Inc., and Realtek Semiconductor Corp. (collectively “Defendants”) (all together
`
`the “Parties”), anticipate that documents,
`
`testimony, or information containing or reflecting
`
`confidential, proprietary, trade secret, and/or commercially sensitive information are likely to be
`
`disclosed or produced during the course of discovery,
`
`initial disclosures, and supplemental
`
`disclosures in the above-captioned cases and request that the Court enter this Ordersetting forth
`
`the conditionsfor treating, obtaining, and using such information. This Order further governs the
`
`transfer of and access to certain materials from the record of the related proceedingtitled Jn re
`
`Certain Digital Video-Capable Devices and Components Thereof,
`
`Inv. No. 337-TA-1224
`
`(International Trade Commission).
`
`Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, the Court finds good cause
`
`for the following Stipulated Protective Order Regarding the Disclosure and Use of Discovery
`
`Materials (“Order” or “Protective Order”):
`
`1. DEFINITIONS
`
`(a)
`
`“Confidential business information”is information which concernsorrelates
`
`to the trade secrets, processes, operations, style of work, or apparatus, or to the production,sales,
`
`shipments, purchases,transfers, identification of customers, inventories, amount or source of any
`
`income, profits, losses, or expenditures of any person, firm, partnership, corporation, or other
`
`organization, or other information of commercial value, the disclosure of which is likely to have
`
`the effect of causing substantial harm to the competitive position of the person, firm, partnership,
`
`

`

`Case 1:20-cv-01247-CFC Document 25 Filed 09/28/22 Page 4 of 30 PagelD #: 510
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`corporation, or other organization from which the information was obtained, unless the Court is
`
`required by law to disclose such information.
`
`(b)
`
`“Source Code” means
`
`source code, object code (i.e., computer
`
`instructions and data definitions expressed in a form suitable for input to an assembler,
`
`compiler, or other translator), any text written in any high-level programming language
`
`defining firmware and/or software functionalities implemented on an integrated circuit,
`
`microcode,register transfer language (“RTL”), firmware, and hardware description language
`
`(“HDL”), as well as any and all notes, annotations, and other comments of any type related
`
`thereto and accompanying the code. No schematics, layout files (such as GDS, GDSII,
`
`OASIS, or other comparable file types), process flows, or process recipes will be requested
`
`or producedin these actions. For avoidance of doubt, Source Code mayinclude sourcefiles,
`
`make files, intermediate output files, executable files, header files, resource files, library
`
`files, module definition files, map files, object files, linker files, browse info files, and debut
`
`files. Source Code does not include file names, version or revisions identifications, and
`
`directory listings, which shall, when no Source Code is present, be designated
`
`CONFIDENTIAL BUSINESS INFORMATION, SUBJECT TO PROTECTIVE ORDER.
`
`2. DESIGNATION OF, ACCESS TO, AND USE OF CONFIDENTIAL
`
`BUSINESS INFORMATION
`
`(a)
`
`Any information submitted,
`
`in discovery or in a pleading, motion, or
`
`response to a motion either voluntarily or pursuant to order, in this action, which is asserted by a
`
`supplier to contain or constitute confidential business information shall be so designated by such
`
`supplier in writing, or orally at a deposition, conference, hearing, or trial, and shall be segregated
`
`from other information being submitted. Documents shall be clearly and prominently marked on
`
`their
`
`face
`
`with
`
`the
`
`legend:
`
`"CONFIDENTIAL
`
`BUSINESS
`
`2
`
`

`

`Case 1:20-cv-01247-CFC Document 25 Filed 09/28/22 Page 5 of 30 PagelD #: 511
`Case 1:20-cv-01247-CFC Document 25 Filed 09/28/22 Page 5 of 30 PageID #: 511
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`INFORMATION, SUBJECT TO PROTECTIVE ORDER," or a comparable notice. Such
`
`information, whether submitted in writing or in oral testimony, shall be treated in accordance with
`
`the termsof this protective order.
`
`(b)
`
`The Court may determine that information alleged to be confidential is not
`
`confidential, or that its disclosure is necessary for the proper disposition of the proceeding, before,
`
`during or after the close ofa trial herein. The parties shall make reasonable efforts to provide the
`
`supplier of such information with notice and opportunity to address the confidentiality of the
`
`informationprior to such a determination and disclosure by the Court.
`
`(c)
`
`In the absence of written permission from the supplier or an order by the
`
`Court, any confidential documents or business information submitted in accordance with the
`
`provisions of paragraphs 2(a)-(b) above shall not be disclosed to any person other than:(i) outside
`
`counsel for the parties to the action in which it was produced, including necessary secretarial and
`
`support personnel assisting such counsel; (ii) qualified persons taking testimony involving such
`
`documents or information and necessary stenographicandclerical personnel thereof;(iii) technical
`
`experts and their staffwho are employed for the purposesofthislitigation (unless they are otherwise
`
`employed by, consultants to, or otherwise affiliated with a party, or are employees of any domestic
`
`or foreign manufacturer, wholesaler, retailer, or distributor of the products, devices or component
`
`parts whichare the subject of this action) and subject to the notice and objection provisions below;
`
`(iv) professional vendors unaffiliated with any parties or competitors of any party that provide
`
`litigation support services, including jury consultants and mock jurors, to whom disclosureis
`
`reasonably necessary for the provision of services in connection with this litigation and a
`
`representative of which has signed the “Nondisclosure Agreement” attached as Exhibit B; and (v)
`
`the Court, jury, and court personnel.
`
`

`

`Case 1:20-cv-01247-CFC Document 25 Filed 09/28/22 Page 6 of 30 PagelD #: 512
`Case 1:20-cv-01247-CFC Document 25 Filed 09/28/22 Page 6 of 30 PageID #: 512
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`(d)—If the Court orders, or if the supplier and all parties to the action agree in
`
`writing,
`
`that access to, or dissemination of information submitted as confidential business
`
`information in that action shall be made to persons not included in paragraph 2(c) above, such
`
`matter shall only be accessible to, or disseminated to, such persons based upon the conditions
`
`pertaining to, and obligations arising from this Order, and such persons shall be considered subject
`
`to it, unless the Court finds that the information is not confidential business information as defined
`
`in paragraph 1(a) thereof.
`
`(ec)
`
`Any confidential business information filed in this action shall be submitted
`
`under seal. Any portion of a deposition transcript in connection with this action containing any
`
`confidential business information submitted pursuant to paragraphs 2(a)-(b) above shall be bound
`
`separately and filed under seal. When any confidential business information submitted in
`
`accordance with paragraphs 2(a)-(b) above is includedin an authorizedtranscript of a deposition or
`
`exhibits thereto, arrangements shall be made with the court reporter taking the deposition to bind
`
`such
`
`confidential portions
`
`and separately
`
`label
`
`them “CONFIDENTIAL BUSINESS
`
`INFORMATION, SUBJECT TO PROTECTIVE ORDER.”Before a court reporter or translator
`
`receives any such information,he or she shall havefirst read this Order and shall have agreed in
`
`writing to be boundbythe termsthereof. Alternatively, he or she shall sign the agreementincluded
`
`as Exhibit B hereto. Copies of each such signed agreement shall be provided to the supplier of such
`
`confidential business information.
`
`(f
`
`The restrictions upon, and obligations accruing to, persons who become
`
`subject to this Order shall not apply to any information submitted in accordance with paragraphs
`
`2(a)-(b) above to whichthe person asserting the confidential status thereof agrees in writing, or the
`
`Court rules, was publicly known at the time it was supplied to the receiving party or has since
`
`becomepublicly known through no fault of the receiving party.
`
`4
`
`

`

`Case 1:20-cv-01247-CFC Document 25 Filed 09/28/22 Page 7 of 30 PagelD #: 513
`Case 1:20-cv-01247-CFC Document 25 Filed 09/28/22 Page 7 of 30 PageID #: 513
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`
`
`3.DISCLOSUREANDREVIEWOFSOURCECODE
`
`(a) SourceCode. A supplier may designate Source Code (as defined above in
`
`paragraph 1(b)) as “OUTSIDE COUNSEL RESTRICTED — HIGHLY CONFIDENTIAL
`
`SOURCE CODE.” The disclosure and use of OUTSIDE COUNSEL RESTRICTED -
`
`HIGHLY CONFIDENTIAL SOURCE CODE material
`
`is subject to the restrictions for
`
`confidential business information set forth herein and additional restrictions set forth below.
`
`(b)
`
`Access to Source Code. Materials designated as “OUTSIDE COUNSEL
`
`RESTRICTED — HIGHLY CONFIDENTIAL SOURCE CODE?”shall only be reviewable by
`
`SOURCE CODE QUALIFIED PERSONS. SOURCE CODE QUALIFIED PERSONSinclude the
`
`following: (1) outside counsel for Parties to this action, including necessary secretarial and support
`
`personnel assisting such counsel in administrative tasks only (i.e., not assisting in Source Code
`
`review or analysis), as necessarily incident to the litigation of the actions in which Source Code
`
`from the respective producing party is resident on accused products (“Outside Counsel”); (2) the
`
`Court, court personnel, and jurors; (3) court reporters, stenographers, videographers, interpreters,
`
`and translators transcribing, recording,
`
`interpreting, or translating testimony at depositions,
`
`hearings,ortrial in this action; (4) a reviewing party’s qualified consultants and/or qualified experts
`
`in this action (under paragraph8 herein) andtheirstaff(also disclosed and qualified under paragraph
`
`8 herein) who are employed for the purposes of this action; (5) current employees, 30(b)(6)
`
`witnesses designated for the topics to which the OUTSIDE COUNSEL RESTRICTED — HIGHLY
`
`CONFIDENTIAL SOURCE CODE material is relevant, and expert witnesses designated by the
`
`supplier that receive or have access to the specific OUTSIDE COUNSEL RESTRICTED —
`
`HIGHLY CONFIDENTIAL SOURCE CODEmaterial produced by that supplier in the ordinary
`
`course of their employment; (6) third parties for whom the supplier has confirmed in advance in
`
`writing receive or have access to the specific OUTSIDE COUNSEL RESTRICTED — HIGHLY
`
`5
`
`

`

`Case 1:20-cv-01247-CFC Document 25 Filed 09/28/22 Page 8 of 30 PagelD #: 514
`Case 1:20-cv-01247-CFC Document 25 Filed 09/28/22 Page 8 of 30 PageID #: 514
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`CONFIDENTIAL SOURCE CODEmaterial produced by that supplier in the ordinary course of
`
`business; and (7) to the extent the supplier produces or otherwise makes available OUTSIDE
`
`COUNSEL RESTRICTED - HIGHLY CONFIDENTIAL SOURCE CODE authored by,
`
`originating from, or otherwise provided by a third party, the employees, 30(b)(6) witnesses, or
`
`expert witnesses designated by suchthird party to the extent those individuals receive or have access
`
`to the specific OUTSIDE COUNSEL RESTRICTED —- HIGHLY CONFIDENTIAL SOURCE
`
`CODEmaterial produced by that supplier in the ordinary course of business. The supplier shall
`
`provide SOURCE CODE QUALIFIED PERSONSwith information explaining how to access the
`
`produced Source Code on the secure computer.
`
`(c)
`
`The Secure Room. A supplier’s Source Code will be made available for
`
`inspection to a receiving party in a secure room in computersearchable formatandinafile structure
`
`and format that mirrorsthe file structure and format ofthe Source Code as maintained by the supplier
`
`in the ordinary course of business on a stand-alone computer(that is, a computer not connected to a
`
`networkorthe Internet). The computer shall be connectedto a printer and/or capable of printing to
`
`PDF.The stand-alone computerwill be locked down so that additional peripheral devices cannot be
`
`connectedto it. The receiving party shall provideat least three (3) business days’ notice to access the
`
`source code and makereasonable efforts to restrict its requests for access to the secure computerto
`
`normal business hours, which for purposes ofthis paragraph shall be 9:00 a.m. through 5:30 p.m.local
`
`time at the reviewing location. Upon reasonable notice from the receiving party, which shall not be
`
`less than seven (7) business days in advance,
`
`the supplier shall make reasonable efforts to
`
`accommodate the receiving party’s request for access to the computer outside of normal business
`
`hours. Such an expanded review period shall not begin earlier than 8:00 a.m. andshall not endlater
`
`than 6:00 p.m. local time at the reviewing location. For subsequent reviews by SOURCE CODE
`
`QUALIFIED PERSONS,the receiving party shall give at least five business days’ notice to the
`
`6
`
`

`

`Case 1:20-cv-01247-CFC Document 25 Filed 09/28/22 Page 9 of 30 PagelD #: 515
`Case 1:20-cv-01247-CFC Document 25 Filed 09/28/22 Page 9 of 30 PageID #: 515
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`supplier of such review. For review to continue on the subsequent business day following a review
`
`session, prior notice for purposes of the preceding sentence shall be sufficient when provided at or
`
`before 1:00 p.m. (local time at the locations of the Source Code Computers) during the course of a
`
`review session (an “Extended Review”). A supplier’s Source Codewill be available until the close of
`
`the evidentiary recordin the action in whichit is made available, including throughoutfact and expert
`
`discovery. The supplier shall also accommodate reasonable requests to make OUTSIDE COUNSEL
`
`RESTRICTED —- HIGHLY CONFIDENTIAL SOURCE CODEmaterial available attrial, and during
`
`depositions of witnesses who would otherwise be permitted access to such material. The stand-alone
`
`computersshall be located in the United States at the offices of the supplier’s outside counsel in the
`
`action in which the inspection is being conducted, or at such other location as the supplier and
`
`reviewing party mutually agree (the “Secure Rooms”). The receiving party must identify in writing to
`
`the supplier the persons who will be conducting the inspection or will be present during the inspection
`
`no less than two (2) business days (andat least 48 hours) in advance of any such inspection. For the
`
`avoidance of doubt, in the case of an Extended Review, the same inspecting individuals are not
`
`subject to the notice requirements of the preceding sentence. Before being admitted into the Secure
`
`Room,an individual must provide a photoidentification card sanctioned by the governmentof a
`
`state of the United States or by the national governmentofthe individual’s current citizenship (but
`
`see Paragraph 6 below regarding export-controlled information).
`
`(d)
`
`Stand-Alone Computer. Each stand-alone computer shall
`
`include an
`
`external mouse, an external keyboard, and an external monitorthat is at least 27 inches diagonally
`
`and has at least 1080p resolution. The stand-alone computers shall have sufficient performance
`
`capability to efficiently access and review the OUTSIDE COUNSEL RESTRICTED — HIGHLY
`
`CONFIDENTIAL SOURCE CODEmaterial. Further, the stand-alone computers may be password
`
`protected and shall have the Source Codestored on a hard drive contained inside the computeror,
`
`7
`
`

`

`Case 1:20-cv-01247-CFC Document 25 Filed 09/28/22 Page 10 of 30 PagelD #: 516
`Case 1:20-cv-01247-CFC Document 25 Filed 09/28/22 Page 10 of 30 PageID #: 516
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`at the supplier’s election, otherwise accessible on the stand-alone computers. However, individual
`
`files and folders on each stand-alone computer shall not be individually password protected.
`
`Additionally, no person other than the supplier may alter, dismantle, disassemble or modify the stand-
`
`alone computers in any way, or attempt to circumvent any security feature of the computer.
`
`Notwithstanding the foregoing, except with the prior written permission of the reviewing party, the
`
`supplier shall not remove,alter, or otherwise modify any portion ofthe electronic copy ofthe Source
`
`Code producedfor inspection on the stand-alone computers, including any notes,tools, logs, or other
`
`materials generated during review and stored on the standalone computer. For the avoidance of
`
`doubt, the preceding sentence does not preclude the addition or supplementation of new files and
`
`folders to the stand-alone computer.
`
`(e)
`
`Manifest ofthe Contents. The supplier shall provide a manifest ofthe Source
`
`Code available for review on the stand-alone computers via email to the reviewing party at least
`
`two (2) business days prior to the receiving party’s review of the OUTSIDE COUNSEL
`
`RESTRICTED — HIGHLY CONFIDENTIAL SOURCE CODEmaterialor within one (1) business
`
`day of the addition of OUTSIDE COUNSEL RESTRICTED — HIGHLY CONFIDENTIAL
`
`SOURCE CODEmaterial, whicheveris earlier. The manifest shall include a file directory listing
`
`for the files being made available for inspection. The supplier shall update such manifest each time
`
`Source Code is added to or supplemented on the stand-alone computers.
`
`(f)
`
`Source Code Review Tools. The receiving party may request
`
`that
`
`commercially-available software tools for viewing and searching Source Codebeinstalled on the
`
`stand-alone computer, provided that such tools are consistent with the protections herein. In that
`
`instance, the receiving party must provide the supplier with the licensed software tool(s) at least
`
`seven (7) days in advance of the date upon which the receiving party wishes to have the software
`
`tools available for use on the stand-alone computer. The receiving party bears the cost of all
`
`_
`
`8
`
`

`

`Case 1:20-cv-01247-CFC Document 25 Filed 09/28/22 Page 11 of 30 PagelD #: 517
`Case 1:20-cv-01247-CFC Document 25 Filed 09/28/22 Page 11 of 30 PageID #: 517
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`licenses for any such software tools. The receiving party shall not at any time use any compilers,
`
`interpreters, or simulation software tools in connection with the Source Code. In no event may any
`
`SOURCE CODE QUALIFIED PERSONSalter, modify, delete, copy, or otherwise reproduce or
`
`remove any Source Code, except to the extent otherwise permitted in this section. To the extent
`
`that any tools record local working files or other records reflecting the work performed by the
`
`reviewing party, such files and records shall not be reviewed, moved,altered, or deleted by the
`
`supplier.
`
`(g)
`
`Review of Source Code. No electronic devices are permitted in the Secure
`
`Room,including laptops, floppy drives, zip drives, cellular telephones, personal digital assistants,
`
`cameras, voice recorders, telephone jacks or other hardware. Non-electronic devices capable of
`
`similar functionality are also prohibited, as is loose paperthat could be usedin a printer. The supplier
`
`may have a representative located outside of the Secure Room to visually monitor the Secure Room
`
`during any review to ensure compliance with these restrictions. However, the supplier may not
`
`videotape, record, log the keystrokes of, or monitor the review of Source Codefiles by the reviewing
`
`party. Further, the supplier may not access or review any work product generated by the reviewing
`
`party, ¢.g., monitoring the screen ofthe stand-alone computer, monitoring anysurface reflecting any
`
`notes or work productofthe reviewing party, and shall not prevent the reviewing party from deleting
`
`any notes taken on the stand-alone computer.
`
`(h)
`
`Taking Notes Related to the Source Code. The reviewing party maytake notes
`
`related to the Source Code, so long as such notes are clearly designated and handled as
`
`CONFIDENTIAL BUSINESS INFORMATION.Written notesrelating to the Source Code may be
`
`taken only in spiral- or permanently-bound notebooks. The Source Code may not be copied into the
`
`notes. Notwithstanding this provision, file name and location (i.e., directory path) may be copied
`
`into the notes.
`
`

`

`Case 1:20-cv-01247-CFC Document 25 Filed 09/28/22 Page 12 of 30 PagelD #: 518
`Case 1:20-cv-01247-CFC Document 25 Filed 09/28/22 Page 12 of 30 PageID #: 518
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`(i)
`
`Printing Portions of the Source Code. A receiving party is allowed to print
`
`paper or PDFcopies of necessary, specific portions of the Source Codeat the time of inspection.
`
`Paper copies are restricted to what is necessary for use in a filing, in an expert report, at a deposition,
`
`or at a hearing ortrial. A receiving party is not entitled to print passagesto facilitate review of the
`
`Source Code away from the Secure Room; the Source Codeis to be reviewed and analyzed using
`
`the stand-alone computers. The receiving party is prohibited from removing the paper copies from
`
`the Secure Room.
`
`(j)
`
`Delivery of Printouts. Hard copy printouts of Source Code shall be provided
`
`on Bates numbered and watermarked and/or colored paper andshall include the full directory path of
`
`the file from which the potion of Source Code is selected from printed on each sheet ofthe printouts.
`
`If used, the watermark shall not obscure any portion of the Source Code or otherwise interfere with
`
`its readability. The supplier will collect any printed pages of the Source Code, and Bates number,
`
`copy, and label
`
`them “OUTSIDE COUNSEL RESTRICTED - HIGHLY CONFIDENTIAL
`
`SOURCE CODE.”For hard copy printouts of Intel Source Code, within five (5) business days, Intel
`
`must either (a) deliver up to eight copy sets (with the numberof copy sets to be decided by the
`
`receiving party) of such pages to at least four mutually-agreed locations, such as the offices of the
`
`receiving party’s outside counsel, or (b) provide notice that the printed portions are excessive or were
`
`not requested for a permitted purpose. For hard copy printouts of Source Code bysuppliers other than
`
`Intel, within five (5) business days, the supplier musteither (a) deliver up to eight copy sets (with the
`
`number of copy sets to be decided by the receiving party) of such pages to at least one mutually-
`
`agreed location, suchas the offices ofthe receiving party’s outside counsel, or (b) provide notice that
`
`the printed portions are excessive or were not requested for a permitted purpose. The supplier and the
`
`receiving party shall meet and confer regarding any hard copies of the supplier’s Source Code
`
`requested by the receiving party that exceed the lesser of either 50 continuous pages or ten (10)
`
`10
`
`

`

`Case 1:20-cv-01247-CFC Document 25 Filed 09/28/22 Page 13 of 30 PagelD #: 519
`Case 1:20-cv-01247-CFC Document 25 Filed 09/28/22 Page 13 of 30 PageID #: 519
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`percent or more of the supplier’s source code for any given software or hardware description release.
`
`These limits may be increased by written agreement of the parties or on a showing of need. The
`
`supplier shall dispute such requests if the supplier believes, in good-faith, the requests are not
`
`reasonable within two (2) business days. In the event of a dispute, the parties will meet and confer
`
`within five (5) business days ofthe objection being raised and ifthey cannotresolve such dispute, the
`
`supplier shall raise it with the Court by no later than five (5) business days following the parties’ meet
`
`and confer. At the option of the reviewing party, the supplier shall provide the printout to the
`
`reviewing party via hand-delivery at one or more ofthe review sites or via FedEx overnightdelivery
`
`service pursuant to Paragraph 3(n).
`
`(k)
`
`Electronic copy of Printouts. The receiving party is permitted to make up to
`
`six (6) identical CD-ROMsor DVDsthat contain an electronic copy ofall or any portion of the
`
`hard copy printouts of Source Code provided by all suppliers except for Defendant Intel
`
`Corporation. The receiving party may provide these CD-ROMs or DVDs to SOURCE CODE
`
`QUALIFIED PERSONS, who may use such CD-ROMssolely for active review of the Source
`
`Code. The receiving party is also permitted to make temporary copies necessarily made in the
`
`production of these CD-ROMsor DVDs, provided any such copies are immediately deleted once
`
`the temporary copies are no longer required for the production of the CD-ROMs or DVDs. The
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`CD-ROMSand DVDsshall not be copied, in whole or in part, under any other circumstances. A
`
`reviewing party may destroy one or moreofthe six (6) previously created CD-ROMsor DVDsand
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`create one or more new CD-ROMsor DVDsprovided that the total number in possession of the
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`Reviewing Party does not exceed six (6). All CD-ROMs or DVDsshall be destroyed within five
`
`(5) days after the completion ofthe action. The reviewingparty shall keep and maintain a log ofall
`
`custodians for all of the CD-ROMs or DVDsas well as the destruction of all such CD-ROMsor
`
`DVDs. The viewing of any such CD-ROMs or DVDsshall only be done when all network
`
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`communication functions of the viewer’s device are disabled. Defendant Intel Corporation will
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`accommodate requests from the receiving party for up to six (6) additional copies of the Source
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`Codeprintouts pursuant to Paragraph 3(j).
`
`(1)
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`Supplier Log. The supplier may maintain a log identifying: (a) the name of
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`each person who accessed the Secure Room;(b) the date and time of access; (c) the length of time
`
`of access; and (d) whether any pages were printed. The supplier may also retain copies of any
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`printed pages of the Source Code.
`
`(m) Maintenance of Printouts. The Source Code printouts must bekeptatall times
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`in the office(s) of the receiving party’s outside counsel to which the supplier delivered them or in the
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`offices of SOURCE CODE QUALIFIED PERSONS(excluding homeoffices, unless a supplier
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`receives advance written notice that the SOURCE CODE QUALIFIED PERSON’s homeoffice is the
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`individual’s only office). The Source Code printouts must be kept in a locked storage containerin a
`
`locked room or closet where they will not be accessible to persons other than those allowed access
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`under this Protective Order. Except as explicitly permitted below, the receiving party is prohibited
`
`from making additional copies or scanning the printouts. SOURCE CODE QUALIFIED PERSONS
`
`may also temporarily keep the Source Code printouts in their physical possession while at: (1) Court
`
`for any proceeding(s) relating to the Source Code,for the dates associated with the proceeding(s); (2)
`
`the sites where any deposition(s) relating to the Source Codeare taken, for the dates associated with
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`the deposition(s); and (3) any reasonably secure intermediate location reasonably necessary for the
`
`SOURCE CODE QUALIFIED PERSONto transport the printouts (e.g., a locked hotel room priorto
`
`a Court proceeding or deposition). The reviewingparty shall exercise due care in limiting visual access
`
`to the Source Code printouts, maintaining the security of the printouts at these temporary locations,
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`and securely transporting the printouts to and from these temporary locations.
`
`(n)
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`Transportation of Copy Sets. In the event that a receiving party is authorized
`
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`to transport copy sets of the Source Code, transportation is permitted only by hand by a SOURCE
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`CODE QUALIFIED PERSONor via FedEx overnight delivery service. For copy sets of Source
`
`Code produced by DefendantIntel Corporation, any transportation shall be conducted only by hand
`
`by a SOURCE CODE QUALIFIED PERSON.If a SOURCE CODE QUALIFIED PERSONis
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`taking copy sets on a flight, they must be carried on the plane and may not be checked, unless the
`
`airline requires that the copy set be checked for a reason otherthan a failure to pay an airline carry
`
`on fee.
`
`(0)
`
`Receiving Party Log. The receiving party must maintain a log identifying
`
`each person who reviews the printouts and the date and time of the review. The receiving party
`
`must provide the supplier with a copy of the log on two business days’ notice, but no more than
`
`once per month absent a showing of good cause. The receiving party must produceafinal copy of
`
`this log to the producing party within one month offinal terminationof the action in which the code
`
`was produced.
`
`(p)
`
`Use at Depositions, Hearings, and Trial. A receiving party is prohibited from
`
`making copies of Source Codefor use at a deposition or at a hearing without the supplier’s prior
`
`written consent. Absent such consent, the receiving party must provide the supplier with seven
`
`calendar days’ advance notice ofits need for printed copies and identify the required pages by
`
`production number. The supplier will then either (i) authorize the receiving party to prepare five
`
`(5) additional copies for preparation and use in the deposition or hearing or(ii) agree to supply five
`
`(5) additional copies itself seven (7) calendar days before the deposition or hearing. At the
`
`conclusion of the deposition or hearing, one hard copy may be marked as an exhibit for the
`
`deposition, and then maintainedby counselfor the party presenting the exhibit during the deposition
`
`in a secured locked area consistent with the requirements for OUTSIDE COUNSEL RESTRICTED
`
`— HIGHLY CONFIDENTIAL SOURCE CODEsetforth herein. All other copies will be returned
`
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`to the supplier or destroyed. Copies will not be attached to deposition transcripts; rather, the
`
`deposition record will identify such an exhibit by its production number. Further, the supplier may
`
`bring the stand-alone computer(s) into the deposition room or courtroomatthe prior written request
`
`of the reviewing party, madeat least seven (7) calendar days before the deposition or hearing, but
`
`only for such periods of time that counsel for the supplier is also physically present. The stand-
`
`alone computer(s) will otherwise be kept in the Secure Room. Theparties will meet and conferin
`
`good faith to discuss a procedure for making the stand-alone computer(s) availableat thetrial.
`
`(q)
`
`Use in Filings. A receiving party that wants to file or otherwise submit pages
`
`of Source Code in connection with a filing may, no earlier than 24 hours prior to the relevantfiling,
`
`makeonly as many copies, and only of the specific excerpts or pages as needed, for submission. The
`
`receiving party mustfile the materials electronically under seal and immediately notify the supplier in
`
`writing via email. To the extent permitted by the Court, the parties will seek permission to treat Source
`
`Code printouts as physical exhibits that will be submitted to the Court in sealed and labeled envelopes.
`