Case 2:23-cv-01161-MEF-LDW Document 75 Filed 01/08/25 Page 1 of 6 PageID: 1648
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`UNITED STATES DISTRICT COURT
`DISTRICT OF NEW JERSEY
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`JAWBONE INNOVATIONS, LLC,
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`Plaintiff,
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`v.
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`SONY ELECTRONICS INC.,
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`Defendant.
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`Civil Action No. 23-CV-1161-MEF-LDW
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`STIPULATED SUPPLEMENTAL CONFIDENTIALITY ORDER REGARDING
`CONFIDENTIAL INFORMATION OF NON-PARTY MEDIATEK INC.
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`WHEREAS, the Court entered a Confidentiality Order in the above-captioned action on
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`January 19, 2024. Dkt. 36 (“Confidentiality Order”).
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`WHEREAS, Plaintiff Jawbone Innovations, LLC, Defendant Sony Electronics Inc. (the
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`“Parties”) and Non-Party MediaTek Inc. (“MediaTek”) believe that certain information that is or
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`may be encompassed by discovery demands by the Parties involves the production or disclosure of
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`MediaTek’s trade secrets, confidential business information, or other proprietary information;
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`WHEREAS, the Parties and MediaTek have agreed that certain amendments to the
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`Protective Order are appropriate to govern the access to and treatment of any document,
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`information, or material produced by MediaTek and designated as “CONFIDENTIAL,”
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`“ATTORNEYS’ EYES ONLY,” or “ATTORNEYS’ EYES ONLY – SOFTWARE” (“MediaTek
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`Confidential Information”) under the Confidentiality Order:
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`THEREFORE, it is hereby stipulated among the Parties and MediaTek and ORDERED
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`that, solely as it pertains to MediaTek Confidential Information:
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`Case 2:23-cv-01161-MEF-LDW Document 75 Filed 01/08/25 Page 2 of 6 PageID: 1649
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`1.
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`Paragraph 1 shall be amended as follows:
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`Any party to this litigation and any non-party providing information in this action
`(hereinafter “non-party”) shall have the right to designate as “Confidential” and
`subject to this Order any information, document, or thing, or portion of any
`document or thing: (a) that contains trade secrets, competitively sensitive technical,
`marketing, financial, sales or other confidential business information, or (b) that
`contains private or confidential personal information, or (c) that contains
`information received in confidence from third parties, or (d) which the producing
`party otherwise believes in good faith to be entitled to protection under Rule
`26(c)(1)(G) of the Federal Rules of Civil Procedure and Local Civil Rule 5.3. Any
`party to this litigation or non-party covered by this Order, who produces or
`discloses any Confidential material, including without limitation any information,
`document, thing, interrogatory answer, admission, pleading, or testimony, shall
`mark the same with the foregoing or similar legend: “CONFIDENTIAL” or
`“CONFIDENTIAL – SUBJECT TO CONFIDENTIALITY ORDER” (hereinafter
`“Confidential”). For avoidance of doubt, a non-party that provides information
`subject to this Order shall be considered as a “party” below to the extent doing so
`allows such producing non-party to control (e.g., object or consent to, or confer
`regarding, the treatment of) its Confidential material.
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`2.
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`Paragraph 6(a) shall be amended as follows:
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`Outside counsel (herein defined as any attorney at the parties’ outside law firms,
`which firms have appeared in the action), provided, however, that such access be
`limited to individuals who exercise no competitive decision-making authority on
`behalf of any party;
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`3.
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`Paragraph 6(b) shall be amended as follows:
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`Outside experts or consultants retained by outside counsel for purposes of this
`action, provided they have signed a non disclosure agreement in the form attached
`hereto as Exhibit A or such other form as may be agreed by the parties (i.e., not
`existing employees or affiliates of a party or an affiliate of a party, not presently
`employed by a competitor of the producing party, not consulting in the design or
`development of processors or related technology for a competitor of the producing
`party, and who exercise no competitive decision-making authority on behalf of any
`party) retained for the purpose of this litigation, provided that: (1) such consultants
`or experts are not presently employed by the parties hereto for purposes other than
`this action; (2) before access is given, the consultant or expert has completed
`Exhibit A hereto and the same is served upon the producing party with a current
`curriculum vitae of the consultant or expert, including (i) identification of the expert
`or consultant’s current employer(s); (ii) a list of all publications authored in the
`previous five (5) years by the expert or consultant; (iii) a statement identifying all
`other matters in which the expert or consultant has testified, including through trial
`testimony, deposition testimony, declaration, or written report, in the last five (5)
`years; and (iv) identification of each person from whom the expert or consultant
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`received compensation or funding for work in his or her area of expertise, or to
`whom the expert or consultant provided professional services, over the last five (5)
`years; and (v) identification of any patent or patent applications in which the expert
`or consultant is identified as an inventor or applicant, is involved in prosecuting or
`maintaining, or has any pecuniary interest. If the expert or consultant believes that
`any of the information he or she is required to provide by this subparagraph is
`subject to a confidentiality obligation, then the expert or consultant must
`affirmatively state that information is being withheld as confidential and provide
`whatever information he or she believes can be disclosed without violating any
`confidentiality agreements. Such disclosure of the proposed outside consultant or
`expert must be made at least ten (10) days before access to the protected material
`is to be given to that consultant or expert to object to and notify the receiving party
`in writing that it objects to disclosure of protected material to the consultant or
`expert together with the basis for such objection. The parties and producing party
`agree to promptly confer and use good faith to resolve any such objection. If the
`parties and producing party are unable to resolve any objection, the objecting party
`or producing party may file a motion with the Court within fifteen (15) days of the
`notice, or within such other time as the parties and producing party may agree,
`seeking a protective order with respect to the proposed disclosure. The objecting
`party or producing 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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`**The objecting party
`shall present the dispute
`to the Court initially by
`telephone or letter,
`in accordance with
`Local Civil Rule
`37.1(a)(1) before filing
`a formal motion seeking
`a protective order.
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`4.
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`Paragraph 8(a) shall be amended as follows:
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`Access to a party’s or non-party’s Software Material shall be provided only on
`“stand-alone” computer (that is, the computer may not be linked to any network,
`including a local area network (“LAN”), an intranet or the Internet). The stand-
`alone computer may be connected to (i) a stand-alone printer, or (ii) a stand-alone
`device capable of temporarily storing electronic copies solely for the limited
`purposes permitted pursuant to below. The stand-alone computer shall have at least
`dual monitors (if a stand alone monitor is brought by the receiving party as
`discussed below), a keyboard, and a mouse. The dual monitors may be brought by
`the receiving party and may be subject to inspection by the producing party to
`ensure the monitors are not linked to any network. Additionally, except as provided
`in paragraph 8(j) below, the stand-alone computer may only be located at the offices
`of the producing party’s or non-party’s outside counsel;
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`5.
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`Paragraph 8(b) shall be amended as follows:
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`The receiving party’s outside counsel and/or experts shall be entitled to take notes
`relating to the source code but may not copy the source code into the notes with the
`exception of directory paths, file paths, names and line numbers, as necessary to
`identify the requested portions for printing to the producing party. The outside
`expert consultant may be permitted to bring a notetaking computer. Any such notes
`may be taken by hand or on a notetaking computer that is not linked to any network.
`To the extent that a notetaking computer is used and authority is provided by the
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`producing party to transport it, access to the content of such notetaking computer
`must be encrypted and password protected with an approved encryption program.
`BitLocker and FileVault are recommended and may be used for such encryption
`and password protection.1 For the avoidance of doubt, notes taken by outside
`counsel, outside consultants, or experts of a receiving Party are protected work
`product and remain work product of the receiving party even if saved on the
`notetaking computer, unless shared with the producing party for purposes of
`requesting portions for printing. The producing party is not otherwise permitted to
`review the notes of outside counsel or outside consultants of a receiving Party.
`Notwithstanding the foregoing, any such notes shall be stamped and treated as
`“Attorneys’ Eyes Only – Software;”
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`FN1: The parties agree that the identified encryption software/programs are for
`reference only, and will meet and confer if needed.
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`6.
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`Paragraph 8(f) shall be amended as follows:
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`Access to Software Material designated Attorneys’ Eyes Only – Software shall be
`limited to outside counsel and up to three (3) outside consultants or experts2 (i.e.,
`not existing employees or an affiliate of a party) per party retained for the purpose
`of this litigation and approved to access such materials, the Court (its technical
`advisor, if one is appointed), the jury, court personnel, and court reporters or
`videographers recording testimony or other proceedings in this action. A receiving
`party may include excerpts of Software Material in a pleading, exhibit, expert
`report, discovery document, deposition transcript, other Court document, provided
`that the Software Material is 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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`FN2: 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.
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`7.
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`Paragraph 8(h) shall be amended as follows:
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`The receiving party shall be permitted to request a reasonable number of pages of
`Software Material to be printed out by the producing party throughout the duration
`of this action. A total of 250 pages with a limit of five (5) consecutive pages for the
`duration of this case is a reasonable number of pages. The parties shall meet and
`confer in an effort to reach an agreement if a request for 250 total pages is exceeded.
`The producing party shall Bates number, copy and label as “Attorneys’ Eyes Only
`– Software” any pages to be produced to the receiving party. Within seven (7) days
`of request, the producing party shall either: (i) provide three (3) copy sets of such
`pages to the receiving party; or (ii) inform the requesting party that it objects that
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`the printed portions are excessive and/or not done for a permitted purpose. If, after
`meeting and conferring, the producing party and the receiving party cannot resolve
`the objection, within five (5) business days, the receiving party may seek a Court
`resolution of whether the printed source code in question is reasonable and was
`printed for a permitted purpose. If either party seeks the Court’s assistance to
`resolve a dispute about a reasonable number of pages to be printed, neither party
`will assert that the agreed upon 250 pages in this section should be considered by
`the Court as a factor to consider in providing its determination;
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`8.
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`Paragraph 8(j) shall be amended as follows:
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`If the receiving party’s outside counsel, consultants, or experts obtain printouts or
`photocopies of Software Material, the receiving party shall ensure that such outside
`counsel, consultants, or experts keep the printouts or photocopies in a secured
`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 relating to the Software Material, for the dates associated
`with the proceeding; (ii) the sites where any deposition relating to the Software
`Material are taken, for the dates associated with the deposition; and (iii) any
`intermediate location reasonably necessary to transport the printouts or photocopies
`(e.g., a hotel prior to a Court proceeding or deposition)) provided that the printouts
`or photocopies are kept in a secure manner that ensures access is limited to the
`persons authorized under this Order. Under no circumstances shall Software
`Material be presented, displayed, or otherwise disclosed (including as an exhibit)
`in electronic format during any portion of a deposition that is being video recorded
`and
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`9.
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`Paragraph 8(k) shall be amended as follows:
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`A producing party’s Software Material may only be transported on paper or
`removable electronic media (e.g., a DVD, CD ROM, or flash memory “stick”) or a
`stand alone computer via hand carry, Federal Express or other similarly reliable
`courier. Software Material may not be transported or transmitted electronically over
`a network of any kind, including a LAN, an intranet, or the Internet, except as
`necessary for the electronic filing of documents including Software Material.
`Software Material may only be transported electronically for the purpose of a Court
`proceeding or deposition and is at all times subject to the transport restrictions set
`forth herein. For the purpose of a Court proceeding or deposition, the producing
`party shall provide a stand alone computer for use or shall agree to permit the
`receiving party to use its own stand-alone computer upon request;
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`10.
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`Paragraph 10 shall be amended as follows:
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`With respect to any depositions that involve a disclosure of Confidential material,
`Attorneys’ Eyes Only material or Attorneys’ Eyes Only – Software material of a
`party or non-party, such party or non-party shall designate the transcript as
`containing Confidential material, Attorneys’ Eyes Only material or Attorneys’ Eyes
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`Only – Software material, during the deposition, or within 5 days thereafter, and
`may have until thirty (30) days after receipt of the deposition transcript within
`which specifically to inform all other parties or non-parties of which portions of the
`transcript are to be designated Confidential, Attorneys’ Eyes Only or Attorneys’
`Eyes Only – Software, which period may be extended by agreement of the parties.
`No such deposition transcript shall be disclosed to any individual other than the
`individuals described in Paragraph 4(a), (b), (c), (d) and (f) for Confidential
`material, Paragraph 6 for Attorneys’ Eyes Only material or Paragraph 8 for
`Attorneys’ Eyes Only – Software, and the deponent during these thirty (30) days,
`and no individual attending such a deposition shall disclose the contents of the
`deposition to any individual other than those described in Paragraph 4(a), (b), (c),
`(d) and (f), or Paragraph 6 for Attorneys’ Eyes Only material or Paragraph 8 for
`Attorneys’ Eyes Only – Software, during said thirty (30) days. Upon being
`informed that certain portions of a deposition are to be designated as Confidential,
`Attorneys’ Eyes Only or Attorneys’ Eyes Only – Software, all parties shall
`immediately cause each copy of the transcript in its custody or control to be
`appropriately marked and limit disclosure of that transcript in accordance with
`Paragraphs 4 - 9. In addition, Software material may only be used, discussed, or
`present in any exhibits to any deposition if (1) such deposition is designated
`Attorneys’ Eyes Only – Software; and counsel for MediaTek is (2) given at least
`five (5) business days’ notice of such deposition; and (3) provided the opportunity
`to remotely attend all portions of such deposition discussing MediaTek source code.
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`11.
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`Paragraph 21 shall be amended as follows:
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`Upon final conclusion of this litigation, each party or other individual subject to the
`terms hereof shall be under an obligation to assemble and to return to the originating
`source all originals and unmarked copies of documents and things containing
`Confidential, Attorneys’ Eyes Only or Attorneys’ Eyes Only – Software material
`or to destroy all copies of such material that contain and/or constitute attorney work
`product as well as excerpts, summaries and digests revealing Confidential,
`Attorneys’ Eyes Only or Attorneys’ Eyes Only – Software material; provided,
`however, that counsel may retain complete copies of all transcripts and court
`filings, including any exhibits attached thereto, for archival purposes, subject to the
`provisions of this Confidentiality Order. To the extent a party requests the return of
`Confidential, Attorneys’ Eyes Only or Attorneys’ Eyes Only – Software material
`from the Court after the final conclusion of the litigation, including the exhaustion
`of all appeals therefrom and all related proceedings, the party shall file a motion
`seeking such relief.
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`**The party shall
`file present the
`dispute to the Court
`initially by
`telephone or letter,
`in accordance
`with Local Civil
`Rule 37.1(a)(1),
`before filing a
`formal motion.
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`IT IS SO ORDERED.
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`Dated: ________________
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`____________________________________
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`____________________, U.S.M.J.
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`6
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`1/8/2025
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`Hon. Leda D. Wettre
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`