JAWBONE INNOVATIONS, LLC,
`Plaintiff,
`v.
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`SONY ELECTRONICS INC.,
`Defendant.
`Civ
`il Action No. 23-CV-1161-MEF-LDW
`STIPULATED SUPPLEMENTAL PROTECTIVE ORDER BETWEEN
`CIRRUS LOGIC, INC., PLAINTIFF, AND DEFENDANT
`W
`HEREAS, the Court entered a Confidentiality Order on January 19, 2024 (ECF No.
`36) (“Protective Order”) to protect confidential information provided by any Party and any
`third-party (non-party) in the above referenced action; and
`WHEREAS, Jawbone Innovations, LLC (“Plaintiff”); Sony Electronics Inc.
`(“Defendant”) (individually a “Party,” and collectively “the Parties”); and Cirrus Logic, Inc.
`(“CIRRUS”), a non-party to this action, may produce confidential source code, chip-level
`schematics or integrated circuit layouts and other documents in this action that include
`or incorporate CONFIDENTIAL INFORMATION belonging to CIRRUS (“CIRRUS
`Confidential Information”); and
`WHEREAS the Parties and CIRRUS have agreed to provisions in addition to those
`contained in the Protective Order to protect against misuse or disclosure of such
`CIRRUS Confidential Information;
`WHEREFORE, IT IS HEREBY ORDERED that source code, chip-level
`schematics, integrated circuit layouts or documents that incorporate CIRRUS Confidential
`Information produced in connection with the above-captioned matter that are designated as
`“CIRRUS – OUTSIDE ATTORNEYS’ EYES ONLY” and “CIRRUS – OUTSIDE
`UNITED STATES DISTRICT COURT
`DISTRICT OF NEW JERSEY
`NEWARK DIVISION
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`ATTORNEYS’ EYES ONLY – SOURCE CODE” shall be subject to the following restrictions
`in addition to the restrictions provided in the Protective Order:
`I. DEFINITIONS
`1. “CIRRUS Material” means confidential information (regardless of how
`generated, stored, or maintained) or tangible things that include or incorporate CIRRUS
`Confidential Information, that CIRRUS (i) would not normally reveal to third parties except
`in confidence, or has undertaken with others to maintain in confidence, (ii) believes in good
`faith is significantly sensitive, or (iii) protected by a right to privacy under federal or state
`law, or any other applicable privilege or right related to confidentiality or privacy. CIRRUS
`Material includes all information, documents, source code, chip-level schematics, integrated
`circuit layouts or testimony, and things produced, served, or otherwise provided in this action
`by any Party or by CIRRUS, that include or incorporate CIRRUS Confidential Information.
`2. “CIRRUS – OUTSIDE ATTORNEYS’ EYES ONLY” Material means
`information, documents, and things that include or incorporate CIRRUS Material.
`3. “Source Code” means human-readable representations of actually completed,
`implemented, and/or realized software, firmware, and integrated circuits. Source Code
`includes, but is not limited to, programming language text, symbolic representations of
`integrated circuits (“Chip-Level Schematics”) or graphical depictions of physical
`configuration of semiconductor material within integrated circuit die or chip (“Integrated
`Circuit Layouts”). Source Code includes, but is not limited to, programming language text
`in “C,” “C++,” BREW, Java ME, J2ME, assembler, digital signal processor (“DSP”),
`Hardware Design Language (“HDL”), VHDL, or Verilog programming languages. Source
`Code in the form of programming language text shall be made available for inspection in
`ASCII text files. File formats within which Source Code in the form of Chip-Level
`Schematics or Integrated Circuit Layouts may be made available for inspection include, but are
`not limited to, pdf file format.
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`4. “CIRRUS – OUTSIDE ATTORNEYS’ EYES ONLY – SOURCE CODE”
`Material m eans CIRRUS Material that includes Source Code that constitute proprietary
`technical or commercially sensitive competitive information that CIRRUS maintains as
`highly confidential in its business, the disclosure of which is likely to cause harm to the
`competitive position of CIRRUS. This includes Source Code, Chip-Level Schematics, and
`Integrated Circuit Layouts in the Producing Party’s possession, custody, or control, and
`made available for inspection by the Producing Party.
`5. “Designated CIRRUS Material” means material that is designated “CIRRUS
`– OUTSIDE ATTORNEYS’ EYES ONLY” or “CIRRUS – OUTSIDE ATTORNEYS’
`EYES ONLY – SOURCE CODE” under this Supplemental Protective Order.
`6. “Designated Source Code Material” means material that is designated
`“CIRRUS – OUT SIDE ATTORNEYS’ EYES ONLY – SOURCE CODE” under this
`Supplemental Protective Order.
`7. “Personnel Retained by a Receiving Party in this Action” means any
`consultants, experts, or outside counsel (including their support staff) that have been and
`continue to be retained by a Receiving Party in this action. For the sake of clarity, any
`person who was retained by a Receiving Party in this action will no longer fall under this
`definition if that person ceases to be retained by a Receiving Party in this action.
`8. “P arty” means any Party to the above- captioned action, including all of its
`officers, directors, employees, consultants, retained experts, and all support staff thereof.
`9. “Producing Party” means a Party or non- party that discloses or produces
`Designated CIRRUS Material in the above-captioned actions.
`10. “Receiving Party” means a Party that receives Designated CIRRUS Material
`from a P roducing Party in the above-captioned actions.
`11. “Authorized Reviewer(s)” means person(s) authorized to review “CIRRUS –
`OUTSIDE ATTORNEYS’ EYES ONLY” and “CIRRUS – OUTSIDE ATTORNEYS’
`EYES ONLY – SOURCE CODE” Materials in accordance with this Supplemental
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`Protective Order and the Protective Order.
`12. “Counsel of Record” means (i) outside counsel who appears on the pleadings,
`or has entered an appearance in this action, as counsel for a Party, and (ii) partners,
`principals, counsel, associates, and employees of such outside counsel’s law firm to whom
`it is reasonably necessary to disclose the information for this litigation, including supporting
`personnel, such as paralegals, legal translators, legal secretaries, legal clerks, and shorthand
`reporters.
`13. “Outside Consultant” means a person with specialized knowledge or experience
`in a matter pertinent to the litigation who has been retained by Counsel of Record to serve
`as an expert witness or a litigation consultant in this action (including any necessary support
`personnel of such person to whom disclosure is reasonably necessary for this litigation),
`and who is not a current employee of a Party, of a competitor of a Party, or of CIRRUS, and
`who, at the time of retention, is not anticipated to become an employee of, or a non-litigation
`consultant of: (1) a Party, (2) a competitor of a Party, (3) a competitor of CIRRUS, or (4)
`CIRRUS.
`14. “Professional Vendors” means persons or entities that provide litigation
`support services (e.g., photocopying; videotaping; translating; designing and preparing
`exhibits, graphics, or demonstrations; organizing, storing, retrieving data in any form or
`medium; etc.) and their employees and subcontractors who have been retained or directed
`by Counsel of Record in this action, and who are not current employees of a Party, a
`competitor of a Party, or CIRRUS, and who, at the time of retention, are not anticipated to
`become employees of: (1) a Party, (2) a competitor of a Party, (3) a competitor of Non-Party
`CIRRUS, or (4) CIRRUS. This definition includes ESI vendors and professional jury or trial
`consultants retained in connection with this litigation to assist a Party, Counsel of Record,
`or any Outside Consultant in their work. Professional vendors do not include consultants
`who fall within the definition of Outside Consultant.
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`II. RELATIONSHIP TO PROTECTIVE ORDER
`15. This Supplemental Protective Order shall not diminish any existing restriction
`with respect to Designated CIRRUS Material. The Parties and CIRRUS acknowledge and
`agree that this Supplemental Protective Order is a supplement to the Protective Order entered
`in this action on January 19, 2024 (ECF No. 36) in the United States District Court for the
`District of New Jersey.
`16. The Protective Order applies to all material designated pursuant to this
`Supplemental Protective Order. To the extent that there is any confusion or conflict
`between protective orders with respect to Designated CIRRUS Material, then this
`Supplemental Protective Order governs. In addition to the restrictions outlined in this
`Supplemental Protective Order, materials designated as “CIRRUS – OUTSIDE
`ATTORNEYS’ EYES ONLY” or “CIRRUS – OUTSIDE ATTORNEYS’ EYES ONLY –
`SOURCE CODE” shall be subject to obligations with respect to “ATTORNEYS’ EYES
`ONLY” or “ATTORNEYS’ EYES ONLY– SOFTWARE,” respectively, as outlined in the
`Protective Order.
`III. SCOPE
`17. The protections conferred by this Supplemental Protective Order cover not
`only Designated CIRRUS Material (as defined above), but also any information copied
`or extracted therefrom, as well as all copies, excerpts, summaries, or compilations thereof.
`Identification of any individual pursuant to this Supplemental Protective Order does not make
`that individual available for deposition, or any other form of discovery outside of any agreement
`between Jawbone and CIRRUS, and the restrictions and procedures of the Federal Rules of Civil
`Procedure or any applicable rules or Court Orders.
`18. T his Supplemental Protective Order shall apply to all Designated CIRRUS
`Material that is produced or provided for inspection in this action, including all Designated
`CIRRUS Material that is in the possession, custody or control of CIRRUS or any Party in this
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`action.
`IV. ACCESS TO DESIGNATED CIRRUS MATERIAL
`19. Access to “CIRRUS – OUTSIDE ATTORNEYS’ EYES ONLY” Material:
`Unless o therwise ordered by the Court or permitted in writing by CIRRUS, a Receiving
`Party may disclose any information, document or thing designated “CIRRUS – OUTSIDE
`ATTORNEYS’ EYES ONLY” only to:
`a. Persons who appear on the face of Designated CIRRUS Material as an author,
`addressee, or recipient thereof, or persons who have been designated under
`Rule 30(b)(6) of the Federal Rules of Civil Procedure to provide testimony on
`behalf of a Producing Party or CIRRUS;
`b. Counsel of Record;
`c. Outside Consultants of the Receiving Party to whom disclosure is
`reasonably necessary for this action, and who have, after the date of this
`Supplemental Protective Order, signed the “Acknowledgement And
`Agreement To Be Bound By Supplemental Protective Order Governing
`Confidential Information of Non-Party CIRRUS In This Case” attached
`hereto as Exhibit A, and the “Certification Of Consultant Re Supplemental
`Protective Order Governing Confidential Information of CIRRUS In This
`Case,” attached hereto as Exhibit B;
`d. Any designated arbitrator or mediator who is assigned to hear this matter, or
`who has been selected by the Parties, and his or her staff; who have, after the date
`of this Supplemental Protective Order, signed the “Acknowledgement And
`Agreement To Be Bound By Supplemental Protective Order Governing
`Confidential Information of CIRRUS In This Case” attached hereto as
`Exhibit A, and the “Certification Of Consultant Re Supplemental Protective
`Order Governing Confidential Information of CIRRUS In This Case,” attached
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`hereto as Exhibit B, as well as any arbitrator’s or mediator’s staff who have
`also signed Exhibits A or B;
`e. Court reporters and videographers employed in connection with this action
`subject to the provisions herein; and
`f. Professional Vendors to whom disclosure is reasonably necessary for this
`action, and a representative of which has signed the “Acknowledgement And
`Agreement To Be Bound By Supplemental Protective Order Governing
`Confidential Information of CIRRUS In This Case” attached hereto as Exhibit
`A;
`g. The Court, its personnel, and the jury.
`20. Access to “CIRRUS – OUTSIDE ATTORNEYS’ EYES ONLY – SOURCE
`CODE” M aterial: Unless otherwise ordered by the Court or permitted in writing by CIRRUS,
`a Receiving Party may disclose any information, document, or thing designated “CIRRUS
`– OUTSIDE ATTORNEYS’ EYES ONLY – SOURCE CODE” only to:
`a. Persons who appear on the face of Designated CIRRUS Material as an author,
`addressee, or recipient thereof, or persons who have been designated under
`Rule 30(b)(6) of the Federal Rules of Civil Procedure to provide testimony on
`behalf of a Producing Party or CIRRUS;
`b. Counsel of Record;
`c. Outside Consultants of the Receiving Party to whom disclosure is reasonably
`necessary for the above- captioned litigation, and who have, after the date of
`this Supplemental Protective Order, signed the “Acknowledgement And
`Agreement To Be Bound By Supplemental Protective Order Governing
`Confidential Information of Non-Party CIRRUS In This Case” attached
`hereto as Exhibit A, and the “Certification Of Consultant Re Supplemental
`Protective Order Governing Confidential Information of Non-Party CIRRUS
`In This Case,” attached hereto as Exhibit B;
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`d. Any designated arbitrator or mediator who is assigned to hear this matter, or
`who has been selected by the Parties, and his or her staff; who have, after the
`date of this Supplemental Protective Order, signed the “Acknowledgement And
`Agreement To Be Bound By Supplemental Protective Order Governing
`Confidential Information of Non-Party CIRRUS In This Case” attached
`hereto as Exhibit A, and the “Certification Of Consultant Re Supplemental
`Protective Order Governing Confidential Information of Non-Party CIRRUS
`In This Case,” attached hereto as Exhibit B, as well as any arbitrator’s or
`mediator’s staff who have also signed Exhibits A or B, provided, however,
`that before such disclosure, CIRRUS is provided notice including: (a) the
`individual’s name and business title; (b) business address; (c) business or
`professions; and (d) the individual’s CV. CIRRUS shall have five (5) business
`days from receipt of the notice to object in writing to such disclosure (plus three
`(3) extra days if notice is given other than by hand delivery or e-mail delivery.)
`After the expiration of the 5 business days (plus 3 days, if appropriate) period,
`if no objection has been asserted, then “CIRRUS – OUTSIDE ATTORNEYS’
`EYES ONLY – SOURCE CODE” materials may be disclosed pur suant to the
`terms of this Supplemental Protective Order;
`e. Court reporters and videographers employed in connection with this action,
`subject to the provisions herein;
`f. Professional Vendors to whom disclosure is reasonably necessary for this
`action, and a representative of which has signed the “Acknowledgement And
`Agreement To Be Bound By Supplemental Protective Order Governing
`Confidential Information of Non-Party CIRRUS In This Case” attached hereto
`as Exhibit A,; and
`g. The Court, its personnel, and the jury.
`21. Notwithstanding the Protective Order, unless otherwise ordered or agreed in
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`writing by CIRRUS, Designated CIRRUS Material may not be disclosed to employees of a
`Receiving Party, including its in-house attorneys and support staff.
`22. Notwithstanding the Protective Order, unless otherwise ordered or agreed in
`writing by Non-Party CIRRUS, Designated CIRRUS Material may not be disclosed to mock
`jurors.
`23. R eceiving Party may host “CIRRUS – OUTSIDE ATTORNEYS’ EYES
`ONLY” Material only on either (1) any system inside the firewall of a law firm representing
`the Receiving Party, or (2) inside the system of a professional ESI Vendor retained by
`Counsel of Record of the Receiving Party. “CIRRUS – OUTSIDE ATTORNEYS’
`EYES ONLY” Material also cannot be sent or transmitted to any person, location, or vendor
`outside of the United States except to Counsel of Record and Outside Consultants designated
`pursuant to subparagraphs 19(c) and 20(c) above. To the extent that any “CIRRUS –
`OUTSIDE ATTORNEYS’ EYES ONLY” Material is transmitted from or to authorized
`recipients outside of the Receiving Party’s Outside Counsel’s office, or outside of the ESI
`Vendor’s system, the transmission shall be by hand (and encrypted if in electronic format),
`by a secure transport carrier (e.g., Federal Express), or by secure electronic means, such as
`email using an encrypted password protected container, or download via secure FTP.
`“CIRRUS – OUTSIDE ATTORNEYS’ EYES ONLY – SOURCE CODE” may not be
`transmitted by electronic means; however, this should not be understood to prohibit the
`electronic transmittal of testifying experts’ expert reports or drafts, court filings, and trial
`demonstratives, thereof that may refer to CI RRUS – OUTSIDE ATTORNEYS’ EYES
`ONLY – SOURCE CODE, subject to the limitations set forth herein, and as long as such
`electronic transmittal is by secure electronic means, such as email using an encrypted
`password protected container, or download via secure FTP. Court filings containing
`CIRRUS – OUTSIDE ATTORNEYS’ EYES ONLY and CIRRUS – OUTSIDE
`ATTORNEYS’ EYES ONLY – SOURCE CODE may be submitted via the Court’s ECF
`filing system subject to the limitations set forth herein.
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`24. Each person to whom Designated CIRRUS Material may be disclosed, and
`who is required to sign the “Acknowledgement And Agreement To Be Bound By
`Supplemental Protective Order Governing Confidential Information of Non-Party
`CIRRUS In This Case” attached hereto as Exhibit A and, if applicable, the “Certification
`Of Consultant Re Supplemental Protective Order Governing Confidential Information of
`CIRRUS In This Case,” attached hereto as Exhibit B, shall do so, prior to the time such
`Designated CIRRUS Material is disclosed to him or her. Counsel for the Receiving
`Party who makes any disclosure of Designated CIRRUS Material shall retain each
`original executed certificate and, upon written request, shall provide copies to counsel for
`CIRRUS at the termination of this action.
`25. Absent written permission from Non-Party CIRRUS, persons not permitted
`access to Designated CIRRUS Material under the terms of this Supplemental Protective
`Order shall not be present at depositions while Designated CIRRUS Material is discussed or
`otherwise disclosed. Pre-trial and trial proceedings shall be conducted in a manner, subject
`to the supervision of the Court, to protect Designated CIRRUS Material from disclosure to
`persons not authorized to have access to such Designated CIRRUS Material. Any Party
`intending to disclose or discuss Designated CIRRUS Material at pretrial or trial proceedings
`must give advance notice to the Producing Party to assure the implementation of the terms
`of this Supplemental Protective Order.
`V. ACCE SS BY OUTSIDE CONSULTANTS
`26. Notice: If a Receiving Party wishes to disclose Designated CIRRUS Material
`to any Outside Consultant, Receiving Party must, prior to the Outside Consultant being
`granted access to any Designated CIRRUS Material, provide notice to counsel for
`Non-Party CIRRUS, which notice shall include: (a) the individual’s name and business
`title; (b) countries of citizenship; (c) business address; (d) business or profession; (e) the
`individual’s CV; (f) any previous or current relationship (personal or professional) with
`CIRRUS or any of the Parties to this action; (g) a list of cases in which the individual has
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`testified (at trial or deposition) within the last five years; (h) a list of all companies with
`which the individual has consulted or by which the individual has been employed within the
`last four years, the dates of the consultancy or employment, a brief description of the subject
`matter of the consultancy or employment, and (i) copies of the “Acknowledgement and
`Agreement To Be Bound By Supplemental Protective Order Governing Confidential
`Information of CIRRUS In This Case,” attached as Exhibit A, and the “Certification Of
`Consultant Re Supplemental Protective Order Governing Confidential Information of
`CIRRUS In This Case,” attached hereto as Exhibit B, that have both been signed by that
`Outside Consultant.
`27. Objections: With respect to Outside Consultants that have not been previously
`disclosed, Non-Party CIRRUS shall have five (5) business days, starting from the first business
`day following the date upon which Receiving Party provides notice and all information required
`by paragraph 26 to CIRRUS, to object for good cause in writing to such disclosure (plus three (3)
`extra days if notice is given in any manner other than by hand delivery, e-mail delivery or facsimile
`transmission). After the expiration of the 5 business days (plus 3-days, if appropriate) period, if
`no objection for good cause has been asserted by CIRRUS, then Designated CIRRUS Material
`may be disclosed to the Outside Consultant pursuant to the terms of this Supplemental
`Protective Order. Should Receiving Party disagree with the basis for the objection, Receiving
`Party must first attempt to resolve the objection informally with CIRRUS. If the informal efforts
`do not resolve the dispute within five (5) business days from the date upon which Receiving
`Party was first notified of any objection by CIRRUS, Receiving 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 for an order regarding the challenged designation. Pending a ruling by
`the Court upon any such objection, or the subsequent resolution of the objection, the
`discovery material shall not be disclosed to the person objected to by CIRRUS.
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`VI. PRODUCTION OF CIRRUS – OUTSIDE ATTORNEYS’ EYES ONLY –
`SOURCE CODE MATERIAL
`28. CIRRUS’s Source Code:
`a. The location for inspection of CIRRUS Source Code shall be at the sole
`discretion of CIRRUS, and may include CIRRUS’ counsel’s office or
`Defendant’s Counsel of Record. To the extent that CIRRUS’s Source
`Code is made available for inspection:
`i. The Producing Party shall make all relevant and properly requested
`CIRRUS Source Code available electronically and in text searchable
`form (1) if produced by CIRRUS, in a separate room at CIRRUS’
`counsel’s office or a secure facility selected by CIRRUS or (2) if
`produced by Defendant, at the offices of Counsel of Record for
`Defendants. The Producing Party shall make the Source Code
`available for inspection on a stand-alone, non-networked computer
`running the Microsoft Windows operating system (“Source Code
`Computer”). Th e Source Code Computer shall be configured to
`permit review of the Source Code through a password- protected
`account having read-only access, but having sufficient permissions
`to designate source code for printing.
`b. The Producing Party shall provide access to the Source Code Computer
`during normal business hours, which for purposes of this paragraph shall be
`9:00 a.m. through 5:00 p.m. (local time) unless other arrangements are agreed
`upon by the Producing Party. The Receiving Party shall notify the Producing
`Party of the arrival time and names of the Counsel of Record and/or Outside
`Consultant at least three (3) business days before access to the Source Code
`Computer.
`c. The Receiving Party shall be permitted to request print out of a reasonable
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`number of pages of Source Code, which shall not exceed more than 50
`consecutive printed page s. The Receiving Party may request printouts by
`printing the requested pages to pdf on the Source Code Computer, or by other
`mutually agreeable means. Counsel for the Producing Party will keep the
`original printouts, and shall provide copies of such original printouts to
`counsel for the Receiving Party. Counsel of Record for the Receiving Party
`may request up to three copies of each printout of Source Code. All printed
`Source Code shall be logged by Receiving Party’s Counsel of Record and/or
`other Personnel Retained by a Receiving Party in this action as further detailed
`below. Hard copies of the Source Code also may not be converted into an
`electronic document without CIRRUS’ express permission. Any printout of
`Source Code must include (1) directory path information and filenames from
`which the Source Code came and (2) line numbers if available.
`d. Authorized Reviewers are prohibited from bringing outside electronic
`devices, including but not limited to laptops, floppy drives, zip drives, or
`other hardware into the secure room, except as stated below. Nor shall any
`cellular telephones, personal digital assistants (PDAs), cameras, voice
`recorders, ex ternal or portable telephone jacks or other outside electronic
`devices be permitted inside the secure room, except for medical devices,
`implants, or equipment reasonably necessary for any legitimate medical
`reason.
`e. If any Authorized Reviewer of CIRRUS’s Source Code seeks to take notes,
`all such notes will be taken on bound notebooks. In addition to taking notes
`on bound notebooks, an Authorized Reviewer may also bring a notetaking
`laptop computer provided by the Producing Party or the Producing Party’s
`vendor. The notetaking laptop computer shall be configured with Microsoft
`Word, such that the Reviewing Party can create or modify documents directly
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`on the notetaking laptop computer that is not linked to any network. The
`Receiving Party shall encrypt any file on the notetaking computer that
`contains confidential material subject to this Supplemental Protective Order
`using Microsoft Word’s “Encrypt with Password” functionality or other
`encryption program approved by CIRRUS or the Producing Party. The
`Receiving Party’s Outside Counsel and experts may not copy the Source
`Code Material into the notes (with the exception of directory paths, file paths,
`names and line numbers, as necessary to identify requested portions for
`printing) and may not take such notes electronically on the Source Code
`Computer itself. Unless otherwise agreed in advance by the Parties in writing,
`following each day on which inspection is done under this Order, the
`Receiving Party’s Outside Counsel and experts shall remove all notes,
`documents, and all other materials from the Source Code Review Room.
`The Producing Party shall not be responsible for any items left in the room
`following each inspection session, and the Receiving Party shall have no
`expectation of confidentiality for any items left in the room following each
`inspection session without a prior agreement to that effect.
`f. If CIRRUS’s Source Code is quoted or set forth in a confidential
`pleading, infringement contention, or expert report, the Party including the
`Source Code will limit the amount of such Source Code to what is reasonably
`necessary for the party to make its point and will designate such documents
`CIRRUS – OUTSIDE ATTORNEYS’ EYES ONLY – SOURCE CODE.
`Absent CIRRUS’s consent (which will not be unreasonably withheld), an
`excerpt of programming language text will not exceed five (5) continuous
`lines of code, and an excerpt of Chip-Level Schematics or Integrated Circuit
`Layouts will not exceed five (5) sequential pages of printouts of such
`material.
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`g. Except as approved by CIRRUS, longer excerpts shall not be copied for use
`in c ourt documents but shall be referred to by citation to production page
`numbers and lines. A Receiving Party shall provide notice to CIRRUS or its
`counsel for each occasion on which it submits portions of Designated Source
`Code Material in a pleading or other Court document. In the event copies of
`Source Code printouts are used as exhibits in a deposition or trial, printouts
`shall not be provided to the court reporter, and the further copies of the
`original CIRRUS Source Code printouts made for the deposition or trial shall
`be destroyed at the conclusion of the deposition or trial. The original copies
`of deposition exhibits designated “CIRRUS – OUTSIDE ATTORNEYS’
`EYES ONLY – SOURCE CODE” will be maintained by the deposing party
`under the terms set forth in this Supplemental Protective Order.
`h. In addition to other reasonable steps to maintain the security and
`confidentiality of CIRRUS’s Source Code, printed copies of the Designated
`Source Code Material maintained by the Receiving Party must be kept in a
`locked storage container when not being actively reviewed or otherwise
`being transferred as permitted by the Protective Order and/or this
`Supplemental Protective Order.
`i. The Receiving Party’s Counsel of Record shall keep log(s) recording the
`identity of each individual to whom each hard copy of each Producing
`Party’s CIRRUS Source Code is provided and when it was provided to that
`person in the first instance, and within thirty (30) days after the issuance
`of a final, non- appealable decision resolving all issues in this action, the
`Receiving Party must serve upon CIRRUS the log. In addition, any Outside
`Consultants of the Receiving Party to whom the paper copies of the CIRRUS
`Source Code were provided must certify in writing that all copies of the
`CIRRUS Source Code were destroyed or returned to the counsel who
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`provided them the information and that they will make no use of the Source
`Code, or of any knowledge gained from the source code in any future
`endeavor.
`VII. USE OF DESIGNATED CIRRUS MATERIAL
`29. Use of Designated CIRRUS Material By Receiving Party: Unless otherwise
`ordered by the Court, or agreed to in writing by Non-Party CIRRUS, all Designated
`CIRRUS Material, and all information derived therefrom, shall be used by the Receiving
`Party only for purposes of this action, and shall not be used in any other way, or for any
`other purpose, including the acquisition, preparation or prosecution before the Patent
`office of any patent, patent application, for drafting or revising patent claims, or in
`connection with patent licensing or product development work directly or indirectly
`intended for commercial purposes related to the particular technologies or information
`disclosed in the Designated CIRRUS Material. Information contained or reflected in
`Designated CIRRUS Material shall not be disclosed in conversations, presentations by
`parties or counsel, in court or in other settings that might reveal Designated CIRRUS
`Material, except in accordance with the terms of the Protective Order or this Supplemental
`Protective Order. No Designated CIRRUS Material shall be transmitted or transported
`outside of the United States, communicated to any recipient who is located outside of the
`United States, or communicated to any recipient who is not a citizen or lawful permanent
`resident of the United States for any purpose whatsoever without the express written
`permission of CIRRUS.
`30. Us e of Designated CIRRUS Material by Non-Party CIRRUS: Nothing in
`this Supplemental Protective Order shall limit Non-Party CIRRUS’s use of its own
`documents and information, nor shall it prevent Non-Party CIRRUS from disclosing its own
`confidential information, documents, or things to any person. Such disclosure shall not affect
`any designations made pursuant to the terms of this Supplemental Protective Order, so
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`long as the disclosure is made in a manner that is reasonably calculated to maintain the
`confidentiality of the information.
`31. Use of Designated CIRRUS Material in Motions or Briefs: The