Case 1:19-cv-11272-RGS Document 20 Filed 10/24/19 Page 1 of 19
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF MASSACHUSETTS
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`Civil Action No. 1:19-CV-11272-RGS
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`§§§§§§§§
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`UNILOC 2017 LLC,
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`Plaintiff,
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`vs.
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`PAYCHEX, INC.,
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`Defendant.
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` PROTECTIVE ORDER
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`WHEREAS, Plaintiff Uniloc 2017 LLC (“Uniloc”), and Defendant Paychex, Inc.
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`(“Paychex”), (Plaintiff and Defendant hereinafter collectively referred to as “the Parties”),
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`believe that certain information that is or will be encompassed by discovery demands by the
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`Parties involves the production or disclosure of trade secrets, confidential business
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`information, or other proprietary information;
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`WHEREAS, the Parties seek a protective order limiting disclosure thereof in
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`accordance with Federal Rule of Civil Procedure 26(c):
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`THEREFORE, it is hereby stipulated among the Parties and ORDERED that:
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`1.
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`Each Party may designate as confidential for protection under this Order, in
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`whole or in part, any document, information or material that constitutes or includes, in whole or
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`in part, confidential or proprietary information or trade secrets of the Party or a Third Party to
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`whom the Party reasonably believes it owes an obligation of confidentiality with respect to such
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`document, information or material (“Protected Material”). Protected Material shall be
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`designated by the Party producing it by affixing a legend or stamp on such document,
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`1
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`

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`Case 1:19-cv-11272-RGS Document 20 Filed 10/24/19 Page 2 of 19
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`information or material as follows: “CONFIDENTIAL.” The word “CONFIDENTIAL” shall
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`be placed clearly on each page of the Protected Material (except deposition and hearing
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`transcripts) for which such protection is sought. For deposition and hearing transcripts, the word
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`“CONFIDENTIAL” shall be placed on the cover page of the transcript (if not already present
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`on the cover page of the transcript when received from the court reporter) by each attorney
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`receiving a copy of the transcript after that attorney receives notice of the designation of some
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`or all of that transcript as “CONFIDENTIAL.”
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`2.
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`Any document produced under Local Rule 16.6 before issuance of this Order
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`with the designation “Confidential,” “Confidential Pursuant to the Court’s Default PO,” or
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`“Confidential - Outside Attorneys’ Eyes Only” shall receive the same treatment as if designated
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`“RESTRICTED - ATTORNEYS’ EYES ONLY” under this Order, unless and until such
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`document is redesignated to have a different classification under this Order.
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`3.
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`With
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`respect
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`to
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`documents,
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`information
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`or material
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`designated
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`“CONFIDENTIAL, “RESTRICTED - ATTORNEYS’ EYES ONLY,” or “RESTRICTED
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`CONFIDENTIAL SOURCE CODE” (“DESIGNATED MATERIAL”),1 subject to the
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`provisions herein and unless otherwise stated, this Order governs, without limitation: (a) all
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`documents, electronically stored information, or things as defined by the Federal Rules of Civil
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`Procedure; (b) all pretrial, hearing, or deposition testimony, or documents marked as exhibits or
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`for identification in depositions and hearings; (c) pretrial pleadings, exhibits to pleadings, and
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`other court filings; (d) affidavits; and (e) stipulations. All copies, reproductions, extracts, digests,
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`1 The term DESIGNATED MATERIAL is used throughout this Protective Order to refer to the
`class of materials designated as “CONFIDENTIAL,” “RESTRICTED - ATTORNEYS’ EYES
`ONLY,” or “RESTRICTED CONFIDENTIAL SOURCE CODE,” both individually and
`collectively.
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`2
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`

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`Case 1:19-cv-11272-RGS Document 20 Filed 10/24/19 Page 3 of 19
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`and complete or partial summaries prepared from any DESIGNATED MATERIALS shall also
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`be considered DESIGNATED MATERIAL and treated as such under this Order.
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`4.
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`A designation of Protected Material (i.e., “CONFIDENTIAL,” “RESTRICTED
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`- ATTORNEYS’ EYES ONLY,” or “RESTRICTED CONFIDENTIAL SOURCE CODE”) may
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`be made at any time. Inadvertent or unintentional production of documents, information, or
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`material that has not been designated as DESIGNATED MATERIAL shall not be deemed a
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`waiver in whole or in part of a claim for confidential treatment. Any party that inadvertently or
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`unintentionally produces Protected Material without designating it as DESIGNATED
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`MATERIAL may request destruction of that Protected Material by notifying the recipient(s), as
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`soon as reasonably possible after the Producing Party becomes aware of the inadvertent or
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`unintentional disclosure, and providing replacement Protected Material that is properly
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`designated. The recipient(s) shall then destroy all copies of the inadvertently or unintentionally
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`produced Protected Materials and any documents, information or material derived from or based
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`thereon.
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`5.
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`“CONFIDENTIAL” documents, information and material may be disclosed only
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`to the following persons, except upon receipt of the prior written consent of the designating
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`party, upon order of the Court, or as set forth in paragraph 13 herein:
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`(a)
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`(b)
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`(c)
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`for each of the individual consolidated actions respectively, outside counsel of record
`for the Receiving Party in that particular action (“Action”);
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`employees of such counsel assigned to and reasonably necessary to assist such
`counsel in the litigation of that Action;
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`up to and including three in-house counsel for the Receiving Party in that action who
`either have responsibility for making decisions dealing directly with the litigation of
`that Action, or who are assisting outside counsel in the litigation of that Action; such
`persons shall not be provided with copies of materials that are designated
`“RESTRICTED CONFIDENTIAL SOURCE CODE,”
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`3
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`(d)
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`(e)
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`up to and including three designated representatives of the Receiving Party in that
`Action to the extent reasonably necessary for the litigation of the Action, except that
`either Party may in good faith request the other Party’s consent to designate one or
`more additional representatives, the other Party shall not unreasonably withhold such
`consent, and the requesting Party may seek leave of Court to designate such additional
`representative(s) if the requesting Party believes the other Party has unreasonably
`withheld such consent; such persons shall not be provided with copies of materials that
`are designated “RESTRICTED - ATTORNEYS’ EYES ONLY,” or “RESTRICTED
`CONFIDENTIAL SOURCE CODE,”
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`outside consultants or experts (i.e., not existing employees or affiliates of a Party or an
`affiliate of a Party) retained for the purpose of the Action, provided that: (1) such
`consultants or experts are not presently employed by the Parties hereto for purposes
`other than the Action, or other patent litigation; (2) before access is given, the
`consultant or expert has completed the Undertaking attached as Exhibit A hereto and
`the same is served upon the Producing Party with a current curriculum vitae of the
`consultant or expert at least ten days before access to the Protected Material is to be
`given to that consultant; and (3) the Producing Party did not object to and notify the
`Receiving Party in writing that it objects to disclosure of Protected Material to the
`consultant or expert. The Parties agree to promptly confer and use good faith to resolve
`any such objection. If the Parties are unable to resolve any objection, the objecting
`Party may file a motion with the Court within fifteen days of the notice, or within such
`other time as the Parties may agree, seeking a protective order with respect to the
`proposed disclosure. The objecting Party shall have the burden of proving the need for
`a protective order. No disclosure shall occur until all such objections are resolved by
`agreement or Court order;
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`(f)
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`independent litigation support services, including persons working graphics or design
`services, jury or trial consulting services, and photocopy, document imaging, and
`database services retained by counsel and reasonably necessary to assist counsel with
`the litigation of the Action; such persons shall not be provided with copies of materials
`that are designated “RESTRICTED
`- ATTORNEYS’ EYES ONLY” or
`“RESTRICTED CONFIDENTIAL SOURCE CODE,” and
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`(g)
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`the Court and its personnel.
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`6.
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`A Party
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`shall designate documents,
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`information or material
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`as
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`“CONFIDENTIAL” only upon a good faith belief that the documents, information, or material
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`contains confidential or proprietary information or trade secrets of the Party or a Third Party to
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`whom the Party reasonably believes it owes an obligation of confidentiality with respect to such
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`documents, information or material.
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`4
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`7.
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`Documents, information, or material produced pursuant to any discovery request
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`in the particular Action, and designated as DESIGNATED MATERIAL, shall be used by the
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`Parties only in the litigation of the particular Action in which the information was disclosed and
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`shall not be used for any other purpose. Any person or entity who obtains access to
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`DESIGNATED MATERIAL or the contents thereof pursuant to this Order shall not make any
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`copies, duplicates, extracts, summaries, or descriptions of such DESIGNATED MATERIAL or
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`any portion thereof, except as may be reasonably necessary in the litigation of the Action in
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`which the information was produced. Any such copies, duplicates, extracts, summaries, or
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`descriptions shall be classified DESIGNATED MATERIALS and subject to all of the terms and
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`conditions of this Order.
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`8.
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`To the extent a producing Party believes that certain Protected Material
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`qualifying to be designated CONFIDENTIAL is so sensitive that its dissemination deserves even
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`further limitation, the producing Party may designate such Protected Material “RESTRICTED -
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`ATTORNEYS’ EYES ONLY,” or to the extent such Protected Material includes computer
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`source code or live data (that is, data as it exists residing in a database or databases) (“Source
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`Code Material”), the producing Party may designate such Protected Material as “RESTRICTED
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`CONFIDENTIAL SOURCE CODE.”
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`9.
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`For Protected Material designated RESTRICTED -- ATTORNEYS’ EYES
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`ONLY, access to, and disclosure of, such Protected Material shall be limited to individuals
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`specified in paragraph 5(a)-(b) and (e) - (g) above.
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`10.
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`For Protected Material designated RESTRICTED CONFIDENTIAL SOURCE
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`CODE, the following additional restrictions apply:
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`(a)
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`Access to a Party’s Source Code Material shall be provided only on “stand-alone”
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`5
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`(b)
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`computer(s) (that is, the computer may not be linked to any network, including a local
`area network (“LAN”), an intranet or the Internet) (“Source Code Computer”) and a
`display screen or monitor of a size of at least seventeen inches. A Party shall also
`reasonably accommodate a request by a receiving party to bring larger size monitors
`or displays screens for connection to the stand-alone computer(s). Unless a Producing
`Party provides written permission, which may be granted solely at the Producing
`Party’s discretion, use or possession of any input/output device or recordable medium
`or outside electronic devices (e.g., USB memory stick, camera, cell phone, or any
`camera-enabled device, CDs floppy disk, portable hard drive, laptop and so forth) is
`prohibited while accessing the Source Code Computer. All persons entering the
`secured room containing the Source Code Computer must agree to submit to
`reasonable security measures before access is granted to the secured room to ensure no
`prohibited items are taken into the secured room. Additionally, except as provided in
`paragraph 10(k) below, the Producing Party in its discretion may make the stand-alone
`computer(s) available at the offices of its outside counsel, the offices of Producing
`Party, or another mutually agreed location;
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`The Receiving Party shall provide reasonable written notice of request to inspect
`Source Code Material, and the parties will work together to schedule inspections. Such
`notice shall identify all persons who will review the Producing Party’s Source Code
`Material during the reviewing session, who may be required to provide photo
`identification before any review session. 10 business days shall be presumed to be
`reasonable notice, and less than five (5) business days will be presumed to be
`unreasonable notice. The Receiving Party shall make reasonable efforts to restrict its
`requests for such access to the stand-alone computer(s) to normal business hours,
`which for purposes of this paragraph shall be 8:00 a.m. through 5:30 p.m. local time.
`However, upon reasonable notice from the receiving party, the Producing Party shall
`make reasonable efforts to accommodate the Receiving Party’s request for access to
`the stand-alone computer(s) outside of normal business hours. The Parties agree to
`cooperate in good faith such that maintaining the Producing Party’s Source Code
`Material at the offices of its outside counsel shall not unreasonably hinder the
`Receiving Party’s ability to efficiently and effectively conduct the prosecution or
`defense of this Action. As an alternative, a Producing Party may opt, in its sole
`discretion, to produce its Source Code Material on CD, DVD or other storage media
`as “RESTRICTED CONFIDENTIAL SOURCE CODE.” If a Producing Party does
`permit such copying, the Receiving Party may copy such produced Source Code
`Material of Producing Party from the medium to a secured computer without Internet
`access or network access to other computer(s) which must be kept in a secure location
`at the offices of the receiving parties’ Outside Counsel;
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`(c)
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`(d)
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`The Producing Party shall provide the Receiving Party with information explaining
`how to start, log on to, and operate the stand-alone computer(s) in order to access the
`produced Source Code Material on the stand-alone computer(s);
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`The Producing Party will produce Source Code Material in computer searchable format
`as kept in the normal course of business on the stand-alone computer(s) as described
`6
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`Case 1:19-cv-11272-RGS Document 20 Filed 10/24/19 Page 7 of 19
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`above. The stand-alone computer(s) shall, at the receiving party’s request, include
`reasonable analysis tools for the type of Source Code Material. Copying of the Source
`Code Material in a review shall be done in one of the following manners:
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`i.
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`ii.
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`The Receiving Party shall be permitted to request (or if provided a printer, make)
`a reasonable number of printouts of Source Code Material, all of which shall be
`designated and clearly labeled “RESTRICTED CONFIDENTIAL SOURCE
`CODE,” and the Receiving Party shall maintain a log of all such files that are
`printed or photocopied, which is provided to the Producing Party on request or
`at the termination of the Action;
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`If requested, the Producing Party will permit reviewed Source Code Material to
`be saved into PDF files for placement in a predesignated folder on the stand-alone
`computer(s) as described above, for requested production in paper form. The
`Receiving Party shall not request printing of Source Code Material to review
`blocks of Source Code Material elsewhere in the first instance, i.e., as an
`alternative to reviewing that Source Code Material electronically on the Source
`Code Computer. The Receiving Party shall only request production of printouts
`of those portions of the Source Code Material reasonably necessary for this case
`and, in any event, no more than a reasonable number of consecutive pages or
`overall pages. A request by the Receiving Party shall not be deemed reasonable
`or unreasonable simply because it has been requested. Following placement of
`the files in the predesignated folder, the Producing Party shall have the
`opportunity to review the PDF files for possible printed production. If the
`Producing Party does not believe that the request is reasonable, then the
`Producing Party and the Receiving Party shall meet and confer and attempt in
`good faith to resolve their disagreement. Only if the Parties reach impasse, then
`they shall seek the Court’s assistance in resolving the disagreement.
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`Any produced file shall be produced in printed form only and shall be numerically
`labeled with a number and the “RESTRICTED CONFIDENTIAL SOURCE
`CODE” designation. The numerically labeled printouts will be provided to the
`Receiving Party within 3 business days.
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`iii.
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`Any other manner agreed to by the Producing Party and the Receiving Party.
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`(e)
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`Access to Protected Material designated RESTRICTED CONFIDENTIAL SOURCE
`CODE shall be limited to outside counsel and up to four outside consultants or experts2
`(i.e., not existing employees or affiliates of a Party or an affiliate of a Party) retained
`for the purpose of this litigation and approved to access such Protected Materials
`pursuant to paragraph 5(e) above. Additional outside consultants or experts may be
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`2 For the purposes of this paragraph, an outside consultant or expert is defined to include the
`outside consultant’s or expert’s direct reports and other support personnel, such that the disclosure
`to a consultant or expert who employs others within his or her firm to help in his or her analysis
`shall count as a disclosure to a single consultant or expert.
`7
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`Case 1:19-cv-11272-RGS Document 20 Filed 10/24/19 Page 8 of 19
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`granted access to Protected material designated RESTRICTED CONFIDENTIAL
`SOURCE CODE with permission of the Producing Party, or by leave of Court if the
`Producing Party does not agree, which leave of Court should be granted if the
`Receiving Party’s request is reasonable in view of any change in circumstances. A
`Receiving Party may include excerpts of Source Code Material in a pleading or exhibit
`filed with the Court only if reasonably necessary, and shall append any excerpts it
`wishes to use to an expert report or discovery document (a “Source Code Document”).
`Source Code Documents must be appropriately marked under this Order, restricted to
`those who are entitled to have access to them as specified herein, and, if filed with the
`Court, filed under seal in accordance with the Court’s rules, procedures and orders;
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`To the extent portions of Source Code Material are quoted in a Source Code Document,
`either (1) the entire Source Code Document will be stamped and treated as
`RESTRICTED CONFIDENTIAL SOURCE CODE or (2) those pages containing
`quoted Source Code Material will be separately stamped and treated as RESTRICTED
`CONFIDENTIAL SOURCE CODE;
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`Except as set forth in paragraph 10(k) below, no electronic copies of Source Code
`Material shall be made without prior written consent of the Producing Party, except as
`necessary to create documents which, pursuant to the Court’s rules, procedures and
`order, must be filed or served electronically;
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`The Receiving Party shall be permitted to make a reasonable number of paper copies
`of Source Code Material if such additional copies are (1) necessary to prepare Source
`Code Documents, (2) necessary for deposition in which case the Receiving Party shall
`mark a single copy of the Source Code Material on which it wishes to conduct
`examination as Source Code Material and have the Court reporter mark it as a
`deposition exhibit; the Receiving Party, however, shall retain the single copy of the
`Source Code Document and not provide it to the Court reporter to ensure that the Court
`reporter does not further duplicate it or append it to the deposition transcript; or (3)
`otherwise necessary for the preparation of its case, which copies shall be designated
`and clearly labeled “RESTRICTED CONFIDENTIAL SOURCE CODE.” The
`Receiving Party shall maintain a log of each printout, electronic copy, and paper copy
`of Source Code Material. Such log shall indicate, on an ongoing basis, the past and
`current custodian(s) and geographic location(s) of each printout, electronic copy, and
`paper copy of Source Code Material in the Receiving Party’s possession. The log shall
`be provided to the Producing Party on request or at the termination of the Action;
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`Should the Producing Party permit, at its sole discretion, permit such printouts or
`photocopies to be transferred back to electronic media, such media shall be labeled
`“RESTRICTED CONFIDENTIAL SOURCE CODE” and shall continue to be treated
`as such;
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`If the Receiving Party’s outside counsel, consultants, or experts obtain printouts or
`photocopies of Source Code Material, the Receiving Party shall ensure that such
`outside counsel, consultants, or experts keep the printouts or photocopies in a secured
`8
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`(f)
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`(g)
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`(h)
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`(i)
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`(j)
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`Case 1:19-cv-11272-RGS Document 20 Filed 10/24/19 Page 9 of 19
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`locked area in the offices of such outside counsel, consultants, or expert. The Receiving
`Party may also temporarily keep the printouts or photocopies at: (i) the Court for any
`proceedings(s) relating to the Source Code Material, for the dates associated with the
`proceeding(s); (ii) the sites where any deposition(s) relating to the Source Code
`Material are taken, for the dates associated with the deposition(s); and (iii) any
`intermediate location reasonably necessary to transport the printouts or photocopies
`(e.g., a hotel prior to a Court proceeding or deposition);
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`A Producing Party’s Source Code Material may only be transported by the Receiving
`Party at the direction of a person authorized under paragraph 10(e) above to another
`person authorized under paragraph 10(e) above, on paper or, if agreed to in writing by
`the Producing Party, by removable electronic media (e.g., a DVD, CD-ROM, or flash
`memory “stick”), via hand carry, Federal Express or other similarly reliable courier.
`Source Code Material may not be transported or transmitted electronically over a
`network of any kind, including a LAN, an intranet, or the Internet;
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`As set forth in paragraph 10(d), the Producing Party shall install tools that are sufficient
`for viewing and searching the code and any other files produced, on the platform
`produced. The Receiving Party, at its own expense, may request additional source code
`tools be installed on the stand-alone computer. The Parties further agree to negotiate
`in good faith regarding the review tools installed on the stand-alone computer; and,
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`A Receiving Party shall return to the Producing Party all Source Code Materials and
`the requisite log (described above) the Receiving Party is required to maintain at the
`termination of the Action.
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`(k)
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`(l)
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`(m)
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`11.
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`Nothing in this Order shall require production of documents, information or other
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`material that a Party contends is protected from disclosure by the attorney-client privilege, the
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`work product doctrine, or other privilege, doctrine, or immunity. If documents, information, or
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`other material subject to a claim of attorney-client privilege, work product doctrine, or other
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`privilege, doctrine, or immunity is inadvertently or unintentionally produced, such production
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`shall in no way prejudice or otherwise constitute a waiver of, or estoppel as to, any such
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`privilege, doctrine, or immunity. Any Party that inadvertently or unintentionally produces
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`documents, information or other material it reasonably believes are protected under the attorney-
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`client privilege, work product doctrine, or other privilege, doctrine, or immunity may obtain the
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`return of such documents, information or other material by promptly notifying the recipient(s)
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`9
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`and providing a privilege log for the inadvertently or unintentionally produced documents,
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`information or other material. The recipient(s) shall destroy all copies of such documents,
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`information or other material, and certify as such to the Producing Party. Alternatively, for
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`documents, information, or other material not produced in electronic format, the Producing Party
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`may request that the recipient(s) collect and return all copies of such material, except for any
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`pages containing privileged or otherwise protected markings by the recipient(s), which pages
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`shall instead be destroyed and certified as such to the Producing Party.
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`12.
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`There shall be no disclosure of any DESIGNATED MATERIAL by any person
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`authorized to have access thereto to any person who is not authorized for such access under this
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`Order. The Parties are hereby ORDERED to safeguard all such documents, information and
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`material to protect against disclosure to any unauthorized persons or entities.
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`13.
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`Nothing contained herein shall be construed to prejudice any Party’s right to use
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`any DESIGNATED MATERIAL in taking testimony at any deposition or hearing provided that
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`the DESIGNATED MATERIAL is only disclosed to a person(s) who is: (i) eligible to have
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`access to the DESIGNATED MATERIAL by virtue of his or her employment with the
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`designating party, (ii) identified in the DESIGNATED MATERIAL as an author, addressee, or
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`copy recipient of such information, (iii) although not identified as an author, addressee, or copy
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`recipient of such DESIGNATED MATERIAL, has, in the ordinary course of business, seen or
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`is reasonably likely to have seen such DESIGNATED MATERIAL, (iv) a current or former
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`officer, director, or employee of the Producing Party or a current or former officer, director, or
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`employee of a company affiliated with the Producing Party; (v) counsel for a Party, including
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`outside counsel and in-house counsel (subject to paragraph 9 of this Order); (vi) an independent
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`contractor, consultant, or expert retained for the purpose of this litigation; (vii) court reporters
`10
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`Case 1:19-cv-11272-RGS Document 20 Filed 10/24/19 Page 11 of 19
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`and videographers; (viii) the Court; or (ix) other persons entitled hereunder to access to
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`DESIGNATED MATERIAL. DESIGNATED MATERIAL shall not be disclosed to any other
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`persons unless prior authorization is obtained from counsel representing the Producing Party or
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`from the Court.
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`14.
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`Parties may, at the deposition or hearing or within thirty days after receipt of a
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`deposition or hearing transcript, designate the deposition or hearing transcript or any portion
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`thereof as “CONFIDENTIAL,” “RESTRICTED - ATTORNEY’ EYES ONLY,” or
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`“RESTRICTED CONFIDENTIAL SOURCE CODE” pursuant to this Order. Access to the
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`deposition or hearing transcript so designated shall be limited in accordance with the terms of
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`this Order. Until expiration of the 30-day period, the entire deposition or hearing transcript shall
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`be treated as confidential. Copies of material designated as “RESTRICTED CONFIDENTIAL
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`SOURCE CODE” that are marked as deposition exhibits shall not be provided to the reporter or
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`attached to deposition transcripts; rather, the deposition record will identify the exhibit by its
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`production numbers.
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`15.
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`Any DESIGNATED MATERIAL that is filed with the Court shall be filed under
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`seal and shall remain under seal until further order of the Court. The filing party shall be
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`responsible for informing the Clerk of the Court that the filing should be sealed and for placing
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`the legend “FILED UNDER SEAL PURSUANT TO PROTECTIVE ORDER” above the
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`caption and conspicuously on each page of the filing. Exhibits to a filing shall conform to the
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`labeling requirements set forth in this Order. If a pretrial pleading filed with the Court, or an
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`exhibit thereto, discloses or relies on confidential documents, information or material, such
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`confidential portions shall be redacted to the extent necessary and the pleading or exhibit filed
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`publicly with the Court.
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`11
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`16.
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`The Order applies to pretrial discovery. Nothing in this Order shall be deemed
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`to prevent the Parties from introducing any DESIGNATED MATERIAL into evidence at the
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`trial of this Action, or from using any information contained in DESIGNATED MATERIAL at
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`the trial of this Action, subject to any pretrial order issued by this Court.
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`17.
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`A Party may request in writing to the other Party that the designation given to
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`any DESIGNATED MATERIAL be modified or withdrawn. If the designating Party does not
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`agree to redesignation within ten days of receipt of the written request, the requesting Party may
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`apply to the Court for relief. Upon any such application to the Court, the burden shall be on the
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`designating Party to show why its classification is proper. Such application shall be treated
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`procedurally as a motion to compel pursuant to Federal Rules of Civil Procedure 37, subject to
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`the Rule’s provisions relating to sanctions. In making such application, the requirements of the
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`Federal Rules of Civil Procedure and the Local Rules of the Court shall be met. Pending the
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`Court’s determination of the application, the designation of the designating Party shall be
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`maintained.
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`18.
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`Each outside consultant or expert to whom DESIGNATED MATERIAL is
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`disclosed in accordance with the terms of this Order shall be advised by counsel of the terms of
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`this Order, shall be informed that he or she is subject to the terms and conditions of this Order,
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`and shall sign an acknowledgment that he or she has received a copy of, has read, and has agreed
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`to be bound by this Order. A copy of the acknowledgment form is attached as Appendix A.
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`19.
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`To the extent that any discovery is taken of persons who are not Parties to this
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`Action (“Third Parties”) and in the event that such Third Parties contended the discovery sought
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`involves trade secrets, confidential business information, or other proprietary information, then
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`Case 1:19-cv-11272-RGS Document 20 Filed 10/24/19 Page 13 of 19
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`such Third Party information is expressly protected by this Order.
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`20.
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`To the extent that discovery or testimony is taken of Third Parties, the Third
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`Parties may designate as “CONFIDENTIAL,” “RESTRICTED -- ATTORNEYS’ EYES
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`ONLY,” or “RESTRICTED CONFIDENTIAL SOURCE CODE” any documents, information,
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`or other material, in whole or in part, produced or given by such Third Parties. The Third Parties
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`shall have thirty days after production of such documents, information, or other materials to
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`make such a designation. Until that time period lapses or until such a designation has been made,
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`whichever occurs sooner, all documents, information or other material so produced or given
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`shall be treated as “CONFIDENTIAL” in accordance with this Order.
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`21. Within sixty days of final termination of this Action, including any appeals, all
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`DESIGNATED MATERIAL, including all copies, duplicates, abstracts, indexes, summaries,
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`descriptions, and excerpts or extracts thereof (excluding excerpts or extracts incorporated into
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`any privileged memoranda of the Parties and materials which have been admitted into evidence
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`in this Action), shall at the Receiving Party’s election either be returned to the Producing Party
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`or be destroyed. The Receiving Party shall verify the return or destruction by affidavit furnished
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`to the Producing Party, upon the Producing Party’s request.
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`22.
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`The failure to designate documents, information, or material in accordance with
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`this Order and the failure to object to a designation at a given time shall not preclude the filing
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`of a motion at a later date seeking to impose such designation or challenging the propriety
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`thereof. The entry of this Order or the production of documents, information, and material
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`hereunder shall in no way constitute a waiver of any objection to the furnishing thereof, all such
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`objections being hereby preserved.
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`Case 1:19-cv-11272-RGS Document 20 Filed 10/24/19 Page 14 of 19
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`23.
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`Any Party knowing or believing that any other party is in violation of or intends
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`to violate this Order and has raised the question of violation or potential violation with the
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`opposing party and has been unable to resolve the matter by agreement may move the Court for
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`such relief as may be appropriate in the circumstances.
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`24.
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`Production of DESIGNATED MATERIAL by each of the Parties shall not be
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`deemed a publication of the documents, information, and material (or the contents thereof)
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`produced so as to void or make voidable whatever claim the Parties may have as to the
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`proprietary and confidential nature of the documents, information, or other material or its
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`contents.
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`25.
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`If at any time documents containin