Case 1:20-cv-01247-CFC Document 26 Filed 09/28/22 Page 1 of 10 PagelD #: 537
`Case 1:20-cv-01247-CFC Document 26 Filed 09/28/22 Page 1 of 10 PageID #: 537
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`
`KONINKLIJKE PHILIPS N.V., and
`PHILIPS NORTH AMERICA LLC
`
`
`
`Plaintiffs,
`
`Vy.
`
`DELL TECHNOLOGIESINC., and
`DELLINC.,
`
`C.A. No.: 20-cv-1240-CFC
`
`JURY TRIAL DEMANDED
`
`
`
`KONINKLIJKE PHILIPS N.V., and
`
`
`
`
`
`
`Defendants.
`
`PHILIPS NORTH AMERICA LLC C.A. No.: 20-cv-1241-CFC
`
`
`
`
`Plaintiffs,
`
`JURY TRIAL DEMANDED
`
`C.A. No.: 20-cv-1242-CFC
`
`JURY TRIAL DEMANDED
`
`Plaintiffs,
`
`y.
`
`
`
`KONINKLUKE PHILIPS N.V., and
`PHILIPS NORTH AMERICA LLC
`
`
`
`
`
`LENOVO GROUP LTD., and
`LENOVO (UNITED STATES)INC.,
`
`
`Defendants.
`
`
`

`

`Case 1:20-cv-01247-CFC Document 26 Filed 09/28/22 Page 2 of 10 PagelD #: 538
`Case 1:20-cv-01247-CFC Document 26 Filed 09/28/22 Page 2 of 10 PageID #: 538
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`Plaintiffs,
`
`V.
`
`INTEL CORPORATION,
`
`
`
`
`KONINKLIJKE PHILIPS N.V., and
`PHILIPS NORTH AMERICA LLC
`
`
`
`
`
`Defendants.
`
`
`
`
`
`
`
`
`Defendants.
`
`
`
`KONINKLIJKE PHILIPS N.V., and
`PHILIPS NORTH AMERICA LLC
`
`
`
`
`
`
`Defendants.
`
`
`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
`
`KONINKLIJKE PHILIPS N.V., and
`PHILIPS NORTH AMERICA LLC
`
`Plaintiffs,
`
`Vv.
`
`MEDIATEKINC., and MEDIATEK
`USA INC.,
`
`Plaintiffs,
`
`Vv.
`
`REALTEK SEMICONDUCTOR
`CORP.,
`
`

`

`Case 1:20-cv-01247-CFC Document 26 Filed 09/28/22 Page 3 of 10 PagelD #: 539
`Case 1:20-cv-01247-CFC Document 26 Filed 09/28/22 Page 3 of 10 PageID #: 539
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`STIPULATED ORDER REGARDING THE TRANSFER OF AND ACCESS TO THE
`RELATED ITC RECORD AND DISCOVERY MATERIALS
`
`Koninklijke Philips N.V. and Philips North America LLC (collectively “Plaintiff’), along
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`with each of the Defendants in the above-captioned cases, Dell Technologies Inc., Dell Inc., HP
`
`Inc., Lenovo Group Ltd., Lenovo (United States), Inc.,
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`Intel Corporation, MediaTek Inc.,
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`MediaTek USAInc., and Realtek Semiconductor Corp. (collectively “Defendants”) (all together
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`the “Parties”), anticipate that documents,
`
`testimony, or information containing or reflecting
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`confidential, proprietary, trade secret, and/or commercially sensitive information of record or
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`otherwise produced or served in the related United States International Trade Commission
`
`proceedingtitled Jn re Certain Digital Video-Capable Devices and Components Thereof, Inv. No.
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`337-TA-1224, maybe relevant in one or moreofthe above-captioned actions. The Parties request
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`an Order governing the transfer of and access to certain materials from the record of those
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`proceedings to streamline discovery in the above-captioned actions.
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`Pursuantto Rule 26(c) of the Federal Rules of Civil Procedure, the Court finds good cause
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`for the following Stipulated Order Regardingthe Transfer of and Accessto the Related ITC Record
`
`and Discovery Materials (“Order”):
`
`1.
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`Transfer Order. Pursuant to 28 U.S.C. § 1659(b), the Court Orders the International
`
`Trade Commission to transfer the record materials from In re Certain Digital Video-Capable
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`Devices and Components Thereof, Inv. No. 337-TA-1224 (the “ITC Action”), to this Court in each
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`of the above-captioned actions (the “ITC Record”). The Court shall at its discretion either secure
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`the ITC Record materials or transmit the ITC Record materials to Plaintiffs to be secured pending
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`the outcomeofthe Parties’ review and agreement regarding the transfer ofthe ITC Record materials
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`into each of the actions as set forth below. The ITC Record materials transferred to this Court
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`pursuant
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`to the Order will receive the confidentiality protections for confidential business
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`

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`Case 1:20-cv-01247-CFC Document 26 Filed 09/28/22 Page 4 of 10 PagelD #: 540
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`information and Source Codesetforth in the concurrently-filed Stipulated Protective Order.
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`2.
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`Notice to Third Parties. Within fourteen (14) days ofthe date ofthis Order, Plaintiffs
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`will (i) notify each non-party to the ITC Action that produced confidential business information in
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`the ITC Action that the record materials of such ITC Action will be transferred to this Court, and
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`(ii) provide each such non-party a copy of this Order, in order to provide each such non-party an
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`opportunity to move the Court for any additional protections that such non-party may deem
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`necessary. For avoidance of doubt, such non-parties are: Digital Content Protection LLP, Roku,
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`Samsung Austin Semiconductor LLC, Samsung Electronics America, Sony Electronics, Inc.,
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`Kinetic, Jim Williams, and Lattice Semiconductor.
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`3.
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`Review ofITC Record Materials. The Parties agree that, following the ITC’s transfer
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`of the ITC Record, each Defendant shall have an opportunity to designate on an action-by-action
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`basis the documents or portions of documents containing the Defendant’s confidential business
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`information or Source Code that should bestricken from any above-captioned action in which the
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`Defendantis not a party. The Defendantshall identify in writing the documents proposed to be
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`stricken from which action(s) by no later than December 31, 2022, or sixty (60) days after the
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`International Trade Commission’s transfer of the ITC Record to this Court, whicheveris later. The
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`Parties will promptly meet and confer by nolater than twenty-one (21) days thereafter. In the event
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`of a dispute that cannot be resolved through conferral, the Parties shall jointly raise the Defendant’s
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`objections with the Court by nolater than seven (7) business days following the Parties’ meet and
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`confer. No materials for which a written request to strike has been received may be filed or
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`otherwise served in the action(s) for which the request was received until the request has been fully
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`resolved by the Parties or the Court. Forclarity, Plaintiffs may use all ITC Record materials for
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`preparation of their infringement contentions, but no Party shall file any confidential business
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`information or Source Code in any ofthe above-captioned actions to which the supplieris not a party
`
`2
`
`

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`Case 1:20-cv-01247-CFC Document 26 Filed 09/28/22 Page 5 of 10 PagelD #: 541
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`until this review and opportunity to object procedure has been completed. The Parties to each action
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`will cooperate to prepare and provide updated copies of each final revised ITC Record that will be
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`transferred to each action to the Court andto the Parties to that action within seven (7) business days
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`following resolution of any disputes.
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`4,
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`No Admissibility Admissions. Nothing precludes any party or third-party in the
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`above-captioned actions from objecting to the admissibility of information from the ITC Action in
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`any of the above-captioned actions on relevance or any other grounds.
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`5.
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`Physical Exhibits. The Parties further agree that any physical trial exhibits in the ITC
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`Action producedby Intel as “OUTSIDE COUNSEL RESTRICTED — HIGHLY CONFIDENTIAL
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`SOURCE CODE”shall be deemed produced by Intel into the discovery record in the captioned
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`actions of Intel, Dell, HP and Lenovo(i.e., C.A. Nos. 20-cv-1243-CFC, 20-cv-1240-CFC,20-cv-
`
`1241-CFC, 20-cv-1242-CFC). Any physical trial exhibits in the ITC Action produced by MediaTek
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`as “OUTSIDE COUNSEL RESTRICTED — HIGHLY CONFIDENTIAL SOURCE CODE?”shall
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`be deemed produced by MediaTekinto the discovery record in the captioned actions of MediaTek,
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`Dell, HP and Lenovo(i.e., C.A. Nos. 20-cv-1246-CFC, 20-cv-1240-CFC, 20-cv-1241-CFC, 20-cv-
`
`1242-CFC). Any physical exhibits in the ITC Action produced by Realtek as “OUTSIDE
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`COUNSEL RESTRICTED - HIGHLY CONFIDENTIAL SOURCE CODE”shall be deemed
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`produced by Realtek into the discovery record for C.A. No. 20-cv-1247-CFC.
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`6.
`
`ITC Discovery Record Materials. The discovery record from the ITC Action,
`
`including all document productions, written discovery, written contentions (e.g., infringement
`
`contentions and invalidity contentions), expert reports, and deposition transcripts and exhibits shall
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`be transferred as follows:
`
`(a)
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`Materials produced by or otherwise containing information produced by
`
`Plaintiffs in the ITC Action shall be deemedtransferred to the discovery record for each above-
`
`3
`
`

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`Case 1:20-cv-01247-CFC Document 26 Filed 09/28/22 Page 6 of 10 PagelD #: 542
`Case 1:20-cv-01247-CFC Document 26 Filed 09/28/22 Page 6 of 10 PageID #: 542
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`captioned action.
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`(b)
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`Materials produced by a Defendant or otherwise containing information
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`produced by a Defendantin the ITC Action shall be deemedtransferred to the discovery record for
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`the above-captioned action to which that Defendantis a party.
`
`(c)
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`With the exception of “Carve-out Materials” (defined below), technical
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`documents containing confidential business information or Source Code produced by Intel or
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`MediaTek, or the portions of documents otherwise containing Intel’s or MediaTek’s confidential
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`business information that are relevant and reasonably necessary to demonstrate the accused
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`functionality in the Dell, HP, and Lenovo (collectively, the “Customers”) actions shall transfer to
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`each Customer action to which they are relevant (i.e., C.A. Nos. 20-cv-1240-CFC, 20-cv-1241-
`
`CFC,and/or 20-cv-1242-CFC). Conversely, with the exception of Carve-out Materials, documents
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`containing confidential business information or Source Code produced by the Customers, or the
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`portions of documents otherwise containing the Customers’ confidential business information that
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`are relevant and reasonably necessary to demonstrate the accused functionality in the accused
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`Customer products shall
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`transfer
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`to each Intel, MediaTek, or Realtek (collectively,
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`the
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`“Chipmakers”) action to which they are relevant (i.e., C.A. Nos. 20-cv-1243-CFC, 20-cv-1246-
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`CFC, and/or 20-cv-1247-CFC).
`
`(d)
`
`‘The Parties will identify “Carve-out Materials” by following these steps:
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`Each Chipmakershall have an opportunity to identify in writing on an action-by-action basis the
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`documentsor portions of documents containing the Chipmaker’s confidential business information
`
`or Source Codethat should notbe transferred to one or more of above-captioned Customeractions
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`(“Carve-out Material”). The Chipmaker’s Carve-out notification shall be made by no later than
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`December 31, 2022, or sixty (60) days after the International Trade Commission’s transfer of the
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`ITC Record to this Court, whicheveris later. If Philips disputes a Chipmaker’s identification of
`
`4
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`

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`Case 1:20-cv-01247-CFC Document 26 Filed 09/28/22 Page 7 of 10 PagelD #: 543
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`Carve-out Material, the relevant Parties will promptly meet and confer by no later than twenty-one
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`(21) days thereafter. If a dispute that cannot be resolved through conferral, the Parties shall jointly
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`raise it with the Court by nolater than seven (7) business days following the parties’ meet and confer.
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`Until the dispute is resolved by the parties or the Court, no identified Carve-out Materials may be
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`filed or otherwise served in the action(s). For clarity, Plaintiffs may use all ITC discovery record
`
`materials for preparation of their infringement contentions, but no Party shall file any confidential
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`business information or Source Code in any of the above-captioned actions to which the supplieris
`
`not a party until this review and dispute resolution procedure has been completed.
`
`(e)
`
`Notwithstanding the foregoing, confidential business information or Source
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`Code produced by Intel or the portions of documents otherwise containing Intel’s confidential
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`business information or Source Code shall not be deemed transferred to the MediaTekaction (i.e.,
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`C.A. No. 20-cv-1246-CFC) or the Realtek action (i.e., C.A. No. 20-cv-1247-CFC); confidential
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`business information or Source Code produced by MediaTek or the portions of documents
`
`otherwise containing MediaTek’s confidential business information or Source Code shall not be
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`deemed transferred to the Intel action (i.e., C.A. No. 20-cv-1243-CFC)or the Realtek action (i.e.,
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`C.A. No. 20-cv-1247-CFC); and confidential business information or Source Code produced by
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`Realtek or the portions of documents otherwise containing Realtek’s confidential business
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`information or Source Code shall not be deemed transferred to the Intel action (i.e., C.A. No. 20-
`
`cv-1243-CFC) or MediaTekaction (i-e., C.A. No. 20-cv-1246-CFC).
`
`(f) The ITC discovery record materials will receive the confidentiality protections
`
`for confidential business information and Source Codeset forth in the concurrently-filed Stipulated
`
`Protective Order.
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`7.
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`Koninklijke Philips N.V. v. Realtek Semiconductor Corp. (C.A. No. 20-cv-1247-
`
`CFC): Realtek will be filing a motion to dismiss for lack of personal jurisdiction.
`
`It is Realtek’s
`
`5
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`

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`Case 1:20-cv-01247-CFC Document 26 Filed 09/28/22 Page 8 of 10 PagelD #: 544
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`position that the issue ofpersonal jurisdiction must be resolvedprior to adjudication of other issues.
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`Ruhrgas AG v. Marathon Oil Co., 526 U.S. 574, 575 (1999). Accordingly, Realtek participates in
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`this stipulation and in the submission of the proposed protective order for the limited purpose of
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`protecting its confidential business information and Source Code, particularly that whichis part of
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`the ITC Record that is required by statute to be transferred to its case or any of the related cases
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`pending in this Court pursuant to 35 U.S.C. §1659(b). As a general matter, Realtek objects to the
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`transfer ofits confidential information or Source Codethatis not part ofthe ITC Recordto any case
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`other than C.A. No. 20-cv-1247-CFC prior to the Court ruling on its motion to dismiss for lack of
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`personal jurisdiction and the commencement of fact discovery. Philips disagrees with Realtek’s
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`positions and reserves the right to raise these issues with the Court at the appropriatetime.
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`7.
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`Additional Protections. The Parties may petition the Court for additional protections
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`regarding the ITC Record and ITC discovery record from the ITC Action at anytime, including as
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`necessary after the Court’s claim construction order.
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`IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
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`

`

`Case 1:20-cv-01247-CFC Document 26 Filed 09/28/22 Page 9 of 10 PagelD #: 545
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`FARNAN LLP
`
`Morris, NICHOLS, ARSHT & TUNNELL LLP
`
`/s/Brian E. Farnan
`
`/s/Jeremy A. Tigan
`
`Brian E. Farnan (#4089)
`Michael J. Farnan (#5165)
`919 North Market Street, 12th Floor
`Wilmington, DE 19801
`(302) 777-0300
`bfarnan@farnanlaw.com
`mfarnan@farnanlaw.com
`
`Attorneysfor Plaintiffs
`Koninklijke Philips N.V. and
`Philips North America LLC
`
`Jack B. Blumenfeld (#1014)
`Jeremy A. Tigan (#5239)
`1201 North Market Street
`P.O. Box 1347
`Wilmington, DE 19899-1347
`(302) 658-9200
`jblumenfeld@morrisnichols.com
`jtigan@morrisnichols.com
`
`Attorneysfor Defendants
`Dell Technologies Inc. and Dell Inc.
`
`FISH & RICHARDSON,P.C.
`
`DLA PIPER LLP (US)
`
`/s/ Warren K, Mabey, Jr.
`
`/s/Brian A. Biggs
`
`Douglas E. McCann (#3852)
`Warren K. Mabey,Jr. (#5775)
`222 Delaware Avenue, 17th Floor
`Wilmington, DE 19801
`(302) 652-5070
`dmccann@fr.com
`mabey@fr.com
`
`Attorneys for Defendants HP, Inc.,
`MediaTek Inc. and MediaTek USA Inc.
`
`Brian A. Biggs (#5591)
`1201 North Market Street, Suite 2100
`Wilmington, DE 19801
`(302) 468-5700
`brian.biggs@us.dlapiper.com
`
`Attorneysfor Defendants Lenovo Group
`Ltd. and Lenovo (United States) Inc.
`
`

`

`Case 1:20-cv-01247-CFC Document 26 Filed 09/28/22 Page 10 of 10 PagelD #: 546
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`MorkIs, NICHOLS, ARSHT & TUNNELLLLP ASHBY GEDDES
`
`/s/Jennifer Ying
`
`/s/John G. Day
`
`Jack B. Blumenfeld (#1014)
`Jennifer Ying (#5550)
`1201 North Market Street
`P.O. Box 1347
`Wilmington, DE 19899-1347
`(302) 658-9200
`jblumenfeld@morrisnichols.com
`jying@morrisnichols.com
`
`John G. Day (#2403)
`Andrew C. Mayo (#5207)
`500 DELAWARE AVENUE
`P.O. Box 1150
`WILMINGTON, DE 19899
`(302) 65401888
`JDAY(@ASHBYGEDDES.COM
`AMAYO@ASHBYGEDDES.COM
`
`Attorneys for Defendant Intel Corp.
`
`Attorneys for Defendant Realtek
`Semiconductor Corp.
`
`Date: September 27, 2022
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`PURSUANTTO STIPULATION,IT IS SO ORDERED
`
`DATED: 72e22—
`
`Honorable Colm F, Conall
`
`United States Chief Judge
`
`