Case 2:22-cv-00134-JRG-RSP Document 66 Filed 09/12/22 Page 1 of 36 PageID #: 1027
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`ADVANCED MICRO DEVICES, INC. and
`ATI TECHNOLOGIES ULC,
`
` Plaintiffs,
`
`v.
`
`TCL INDUSTRIES HOLDINGS CO., LTD.,
`ET AL.,
`
` Defendants.
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`Case No. 2:22-cv-00134-JRG-RSP
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`
`PROTECTIVE ORDER
`
`Before the Court is the Joint Motion for Entry of Partially Disputed Protective Order filed
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`
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`by Plaintiffs Advanced Mirco Devices, Inc. and ATI Technologies ULC (together, “AMD”) and
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`Defendant Realtek Semiconductor Corp. Dkt. No. 64. The parties dispute concerns two provisions:
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`the scope of the prosecution bar in ¶¶ 11 and 28(B)(xviii) and whether a source code computer
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`should be made available at depositions and trial, which is ¶ 28(B)(x)(4) in AMD’s proposed
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`protective order. Id. at 2-3.
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`For the prosecution bar issue, the Court adopts AMD’s proposed protective order largely
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`because AMD’s proposal adopts the provisions the parties agreed to in the parallel proceeding
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`before the ITC. Realtek’s opposition to AMD’s proposal is simply that the provisions AMD
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`proposes are not in the Court’s model protective order. This is not a persuasive reason to ignore
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`what the parties have agreed to in a parallel proceeding concerning mostly the same patents.
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`For the source code issue, the Court adopts Realtek’s proposal to not require it to provide
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`a source code computer at depositions and trial. AMD’s concerns about being able to respond to
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`unanticipated testimony are best addressed by other procedural mechanisms, not a source code
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`computer. Furthermore, although this provision may be in place in the parallel ITC proceeding,
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`based on the motion, Realtek was “ordered to provide such a computer at depositions and trial in
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`the co-pending 337-TA-1318 proceedings,” rather than agreeing to do so. Therefore, the
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`Court declines, by means of the protective order, to require Realtek to provide a source code
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`computer at depositions or at trial. Thus, the Court GRANTS-IN-PART the motion.
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`WHEREAS, Plaintiffs Advanced Micro Devices, Inc. and ATI Technologies ULC
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`(collectively, “AMD” or “Plaintiffs”) and Defendant Realtek Semiconductor Corp. (“Realtek”
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`or “Defendant”) believe that certain information that is or will be encompassed by discovery
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`demands by the Parties involves the production or disclosure of trade secrets, confidential
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`business information, or other proprietary information;
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`WHEREAS, the Parties seek a protective order limiting disclosure thereof in accordance
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`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 whole or in
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`part, any document, information or material that constitutes or includes, in whole or in
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`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
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`to such document, information or material (“Protected Material”). Protected Material
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`shall be designated by the Party producing it by affixing a legend or stamp on such
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`document, information or material as follows: (i) “CONFIDENTIAL, or (ii)
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`“CONFIDENTIAL
`
`BUSINESS
`
`INFORMATION,”
`
`“CONFIDENTIAL
`
`–
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`ATTORNEYS’ EYES ONLY” or similar designation. The designation shall be placed
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`clearly on each page of the Protected Material (except deposition and hearing transcripts)
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`for which such protection is sought. For deposition and hearing transcripts, the word
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`“CONFIDENTIAL BUSINESS INFORMATION” shall be placed on the cover page of
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`the transcript (if not already present on the cover page of the transcript when received
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`from the court reporter) by each attorney receiving a copy of the transcript after that
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`attorney receives notice of the designation of some or all of that transcript as
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`“CONFIDENTIAL BUSINESS INFORMATION.”
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`2.
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`Any document produced under Patent Rules 2-2, 3-2, and/or 3-4 before issuance of this
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`Order that were designated as confidential under Patent Rule 2-2 shall continue to be
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`governed by Patent Rule 2-2. The parties agree to meet and confer in good faith to agree
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`on an appropriate confidentiality designation for those documents under this Protective
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`Order. Pursuant to ¶ 12(a) of the Discovery Order (Dkt. No. 59), the parties agree to
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`meet and confer, in good faith, to reach agreement as to the use and admissibility in this
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`proceeding of discovery from the ITC investigation (including the confidentiality
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`designation). If the parties cannot reach agreement, the parties reserve the right to obtain
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`relief from the Court.
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`3.
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`With respect
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`to documents,
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`information
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` or
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` material
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` designated
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` (i)
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`“CONFIDENTIAL,”
`
`(ii)
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`“CONFIDENTIAL BUSINESS
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`INFORMATION,”
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`“CONFIDENTIAL – ATTORNEYS’ EYES ONLY” or similar designation, or (iii)
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`“CONFIDENTIAL SOURCE CODE – OUTSIDE ATTORNEYS’ EYES ONLY
`INFORMATION” (collectively “DESIGNATED MATERIAL”), 1 subject to the
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`provisions herein and unless otherwise stated, this Order governs, without limitation: (a)
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`all documents, electronically stored information, and/or things as defined by the Federal
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`Rules of Civil Procedure; (b) all pretrial, hearing or deposition testimony, or documents
`
`
`1 The term DESIGNATED MATERIAL is used throughout this Protective Order to refer to the
`class of materials designated as (i) “CONFIDENTIAL,” (ii) “CONFIDENTIAL BUSINESS
`INFORMATION,” “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” or similar designation
`or (iii) “CONFIDENTIAL SOURCE CODE – OUTSIDE ATTORNEYS’ EYES ONLY
`INFORMATION,” both individually and collectively
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`3
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`marked as exhibits or for identification in depositions and hearings; (c) pretrial
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`pleadings, exhibits to pleadings and other court filings; (d) affidavits; and (e) stipulations.
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`All copies, reproductions, extracts, digests and complete or partial summaries prepared
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`from any DESIGNATED MATERIALS shall also be considered DESIGNATED
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`MATERIAL and treated as such under this Order.
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`4.
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`A designation of Protected Material
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`(i.e.,
`
`(i)
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`“CONFIDENTIAL,”
`
`(ii)
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`“CONFIDENTIAL
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`BUSINESS
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`INFORMATION,”
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`“CONFIDENTIAL
`
`–
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`ATTORNEYS’ EYES ONLY” or similar designation or (iii) “CONFIDENTIAL
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`SOURCE CODE – OUTSIDE ATTORNEYS’ EYES ONLY INFORMATION”) may
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`be made at any time. Inadvertent or unintentional production of documents, information
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`or material that has not been designated as DESIGNATED MATERIAL shall not be
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`deemed a waiver in whole or in part of a claim for confidential treatment. Any party that
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`inadvertently or unintentionally produces Protected Material without designating it as
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`DESIGNATED MATERIAL may request destruction of that Protected Material by
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`notifying the recipient(s), as soon as reasonably possible after the producing Party
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`becomes aware of the inadvertent or unintentional disclosure, and providing
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`replacement Protected Material that is properly designated. The recipient(s) shall then
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`destroy all copies of the inadvertently or unintentionally produced Protected Materials
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`and any documents, information or material derived from or based thereon.
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`5.
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`“CONFIDENTIAL
`
`BUSINESS
`
`INFORMATION,”
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`“CONFIDENTIAL
`
`–
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`ATTORNEYS’ EYES ONLY” or similar designation documents, information and
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`material may be disclosed only to the following persons, except upon receipt of the prior
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`written consent of the designating party, upon order of the Court, or as set forth in
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`paragraph 12 herein:
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`Case 2:22-cv-00134-JRG-RSP Document 66 Filed 09/12/22 Page 5 of 36 PageID #: 1031
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`(a)
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`(b)
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`(c)
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`(d)
`
`(e)
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`outside counsel of record in this Action for the Parties;
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`employees of such counsel assigned to and reasonably necessary to assist such
`counsel in the litigation of this Action;
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`in-house counsel for the Parties who either have responsibility for making
`decisions dealing directly with the litigation of this Action, or who are assisting
`outside counsel in the litigation of this Action;
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`up to and including three (3) designated representatives of each of the Parties to
`the extent reasonably necessary for the litigation of this 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;
`
`technical experts and their staff who are employed for the purposes of this
`litigation (unless they are otherwise employed by, consultants to, or otherwise
`affiliated with a party, or are employees of any domestic or foreign
`manufacturer, wholesaler, retailer, or distributor of the products, devices or
`component parts which are the subject of this litigation), provided that: before
`access is given, the consultant or expert has completed the Undertaking
`attached as Appendix A hereto and the same is served upon the producing Party
`with a current curriculum vitae of the consultant or expert at least ten (10) days
`before access to the Protected Material is to be given to that consultant or
`Undertaking to 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 (15) 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 for or as
`court reporters, 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 this Action; 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 shall designate documents, information or material as “CONFIDENTIAL
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`BUSINESS INFORMATION,” “CONFIDENTIAL – ATTORNEYS’ EYES ONLY”
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`or similar designation only upon a good faith belief that the documents, information or
`
`5
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`material contains confidential or proprietary information or trade secrets of the Party
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`or a Third Party to whom the Party reasonably believes it owes an obligation of
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`confidentiality with respect to such documents, information or material.
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`7.
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`Documents, information or material produced pursuant to any discovery request in this
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`Action, including but not limited to Protected Material designated as DESIGNATED
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`MATERIAL, shall be used by the Parties only in the litigation of this Action and shall
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`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
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`make any copies, duplicates, extracts, summaries or descriptions of such DESIGNATED
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`MATERIAL or any portion thereof except as may be reasonably necessary in the
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`litigation of this Action. Any such copies, duplicates, extracts, summaries or descriptions
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`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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`9.
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`To the extent such Protected Material includes computer source code, provisions
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`governing source code are included here in paragraph 28.
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`For Protected Material designated “CONFIDENTIAL BUSINESS INFORMATION,”
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`“CONFIDENTIAL – ATTORNEYS’ EYES ONLY” or similar designation, access to, and
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`disclosure of, such Protected Material shall be limited to individuals listed in paragraphs
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`5(a-c) and (e-g); provided, however, that access by in-house counsel pursuant to paragraph
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`5(c) be limited to in-house counsel who exercise no competitive decision-making authority
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`on behalf of the client.
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`10.
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`For Protected Material designated CONFIDENTIAL SOURCE CODE – OUTSIDE
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`ATTORNEYS’ EYES ONLY INFORMATION, the additional restrictions in paragraph
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`28 apply, reflecting Order No. 14 of 337-TA-1318, Certain Graphics Systems,
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`6
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`Components Thereof, and Digital Televisions Containing the Same (Aug. 15, 2022) first
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`addendum to the ITC Protective Order.
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`11.
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`Any attorney representing a Party, whether in-house or outside counsel, and any person
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`associated with a Party and permitted to receive the other Party’s Protected Material that
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`is designated “CONFIDENTIAL BUSINESS INFORMATION,” “CONFIDENTIAL –
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`ATTORNEYS’ EYES ONLY” and/or “CONFIDENTIAL SOURCE CODE –
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`OUTSIDE ATTORNEYS’ EYES ONLY INFORMATION” (collectively “HIGHLY
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`SENSITIVE MATERIAL”), who obtains, receives, has access to, or otherwise learns,
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`in whole or in part, the other Party’s HIGHLY SENSITIVE MATERIAL under this
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`Order shall not prepare, prosecute, supervise, or assist in the preparation or prosecution
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`of any patent application pertaining to the particular confidential information disclosed
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`in the HIGHLY SENSITIVE MATERIAL on behalf of the receiving Party or its
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`acquirer, successor, predecessor, or other affiliate during the pendency of this Action and
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`for one year after its conclusion, including any appeals. To ensure compliance with the
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`purpose of this provision, each Party shall create an “Ethical Wall” between those
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`persons with access to HIGHLY SENSITIVE MATERIAL and any individuals who, on
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`behalf of the Party or its acquirer, successor, predecessor, or other affiliate, prepare,
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`prosecute, supervise or assist in the preparation or prosecution of any patent application
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`pertaining to the field of invention of the patent-in-suit.
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`12.
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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
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`privilege, the work product doctrine, or other privilege, doctrine, or immunity. If
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`documents, information or other material subject to a claim of attorney-client privilege,
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`work product doctrine, or other privilege, doctrine, or immunity is inadvertently or
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`unintentionally produced, such production shall in no way prejudice or otherwise
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`constitute a waiver of, or estoppel as to, any such privilege, doctrine, or immunity. Any
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`Party that inadvertently or unintentionally produces documents, information or other
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`material it reasonably believes are protected under the attorney-client privilege, work
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`product doctrine, or other privilege, doctrine, or immunity may obtain the return of such
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`documents, information or other material by promptly notifying the recipient(s) and
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`providing a privilege log for the inadvertently or unintentionally produced documents,
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`information or other material. The recipient(s) shall gather and return all copies of such
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`documents, information or other material to the producing Party, except for any pages
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`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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`13.
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`There shall be no disclosure of any DESIGNATED MATERIAL by any person authorized
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`to have access thereto to any person who is not authorized for such access under this Order.
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`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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`14.
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`Nothing contained herein shall be construed to prejudice any Party’s right to use any
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`DESIGNATED MATERIAL in taking testimony at any deposition or hearing provided
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`that the DESIGNATED MATERIAL is only disclosed to a person(s) who is: (i) eligible
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`to have access to the DESIGNATED MATERIAL by virtue of his or her employment
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`with the designating party, (ii) identified in the DESIGNATED MATERIAL as an author,
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`addressee, or copy recipient of such information, (iii) although not identified as an
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`author, addressee, or copy recipient of such DESIGNATED MATERIAL, has, in the
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`ordinary course of business, seen such DESIGNATED MATERIAL, (iv) a current or
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`former officer, director or employee of the producing Party or a current or former officer,
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`director or employee of a company affiliated with the producing Party; (v) counsel for
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`a Party, including outside counsel; (vi) an independent contractor, consultant, and/or
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`expert retained for the purpose of this litigation; (vii) court reporters and videographers;
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`(viii) the Court; or (ix) other persons entitled hereunder to access to DESIGNATED
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`MATERIAL. DESIGNATED MATERIAL shall not be disclosed to any other persons
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`unless prior authorization is obtained from counsel representing the producing Party or
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`from the Court.
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`15.
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`Parties may, at the deposition or hearing or within thirty (30) 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 BUSINESS INFORMATION,” “CONFIDENTIAL –
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`ATTORNEYS’ EYES ONLY” or similar designation or “CONFIDENTIAL SOURCE
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`CODE – OUTSIDE ATTORNEYS’ EYES ONLY INFORMATION” pursuant to this
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`Order. Access to the deposition or hearing transcript so designated shall be limited in
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`accordance with the terms of this Order. Until expiration of the 30-day period, the entire
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`deposition or hearing transcript shall be treated as confidential.
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`16.
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`Any DESIGNATED MATERIAL that is filed with the Court shall be filed under seal
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`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
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`placing the legend “FILED UNDER SEAL PURSUANT TO PROTECTIVE ORDER”
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`above the caption and conspicuously on each page of the filing. Exhibits to a filing shall
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`conform to the labeling requirements set forth in this Order. If a pretrial pleading filed
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`with the Court, or an exhibit thereto, discloses or relies on confidential documents,
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`information or material, such confidential portions shall be redacted to the extent
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`necessary and the pleading or exhibit filed publicly with the Court.
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`9
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`17.
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`The Order applies to pretrial discovery. Nothing in this Order shall be deemed to prevent
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`the Parties from introducing any DESIGNATED MATERIAL into evidence at the trial
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`of this Action, or from using any information contained in DESIGNATED MATERIAL
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`at the trial of this Action, subject to any pretrial order issued by this Court.
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`18.
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`A Party may request in writing to the other Party that the designation given to any
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`DESIGNATED MATERIAL be modified or withdrawn. If the designating Party does
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`not agree to redesignation within ten (10) days of receipt of the written request, the
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`requesting Party may apply to the Court for relief. Upon any such application to the
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`Court, the burden shall be on the designating Party to show why its classification is
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`proper. Such application shall be treated procedurally as a motion to compel pursuant
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`to Federal Rules of Civil Procedure 37, subject to the Rule’s provisions relating to
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`sanctions. In making such application, the requirements of the Federal Rules of Civil
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`Procedure and the Local Rules of the Court shall be met. Pending the Court’s
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`determination of the application, the designation of the designating Party shall be
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`maintained.
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`19.
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`Each outside consultant or expert to whom DESIGNATED MATERIAL is disclosed in
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`accordance with the terms of this Order shall be advised by counsel of the terms of this
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`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
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`has agreed to be bound by this Order. A copy of the acknowledgment form is attached
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`as Appendix A.
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`20.
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`To the extent that any discovery is taken of persons who are not Parties to this Action
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`(“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
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`10
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`information, then such Third Parties may agree to be bound by this Order.
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`21.
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`To the extent that discovery or testimony is taken of Third Parties, the Third Parties may
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`designate as “CONFIDENTIAL BUSINESS INFORMATION,” “CONFIDENTIAL –
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`ATTORNEYS’ EYES ONLY” or similar designation any documents, information or
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`other material, in whole or in part, produced or given by such Third Parties. The Third
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`Parties shall have ten (10) days after production of such documents, information or other
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`materials to make such a designation. Until that time period lapses or until such a
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`designation has been made, whichever occurs sooner, all documents, information or
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`other material so produced or given shall be treated as “CONFIDENTIAL BUSINESS
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`INFORMATION” in accordance with this Order.
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`22. Within thirty (30) days of final termination of this Action, including any appeals, all
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`DESIGNATED MATERIAL, including all copies, duplicates, abstracts, indexes,
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`summaries, descriptions, and excerpts or extracts thereof (excluding excerpts or extracts
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`incorporated into any privileged memoranda of the Parties and materials which have
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`been admitted into evidence in this Action), shall at the producing Party’s election either
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`be returned to the producing Party or be destroyed. The receiving Party shall verify the
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`return or destruction by affidavit furnished to the producing Party, upon the producing
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`Party’s request.
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`23.
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`The failure to designate documents, information or material in accordance with this
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`Order and the failure to object to a designation at a given time shall not preclude the
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`filing of a motion at a later date seeking to impose such designation or challenging the
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`propriety thereof. The entry of this Order and/or the production of documents,
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`information and material hereunder shall in no way constitute a waiver of any objection
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`to the furnishing thereof, all such objections being hereby preserved.
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`24.
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`Any Party knowing or believing that any other party is in violation of or intends to violate
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`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
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`Court for such relief as may be appropriate in the circumstances. Pending disposition of
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`the motion by the Court, the Party alleged to be in violation of or intending to violate
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`this Order shall discontinue the performance of and/or shall not undertake the further
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`performance of any action alleged to constitute a violation of this Order.
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`25.
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`Production of DESIGNATED MATERIAL by each of the Parties shall not be deemed
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`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
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`its contents.
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`26.
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`Nothing in this Order shall be construed to effect an abrogation, waiver or limitation of
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`any kind on the rights of each of the Parties to assert any applicable discovery or trial
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`privilege.
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`27.
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`Each of the Parties shall also retain the right to file a motion with the Court (a) to modify
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`this Order to allow disclosure of DESIGNATED MATERIAL to additional persons or
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`entities if reasonably necessary to prepare and present this Action and (b) to apply for
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`additional protection of DESIGNATED MATERIAL.
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`28.
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`Source Code. The Parties agree to incorporate the terms of Order No. 14 of 337-TA-1318,
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`Certain Graphics Systems, Components Thereof, and Digital Televisions Containing the
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`Same (Aug. 15, 2022), first addendum to the ITC Protective Order, which for ease of
`
`reference are re-produced here:
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`A supplier may designate source code, object code (i.e., computer instructions and
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`data definitions expressed in a form suitable for input to an assembler, compiler, or
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`other translator), any text written in any high-level programming language defining
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`firmware and/or software functionalities implemented on an integrated circuit,
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`microcode, register transfer language (“RTL”), firmware, and hardware description
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`language (“HDL”), as well as any and all notes, annotations, and other comments of
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`any type related thereto and accompanying the code (collectively “Source Code”) as
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`“CONFIDENTIAL SOURCE CODE – OUTSIDE ATTORNEYS’ EYES ONLY
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`INFORMATION.” Schematics, layout files (such as GDS, GDSII, OASIS, or other
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`comparable file types), process flows, or process recipes are not currently
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`contemplated to be requested or produced in this Investigation. For avoidance of
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`doubt, Source Code includes source files, make files, intermediate output files,
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`executable files, header files, resource files, library files, module definition files,
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`map files, object files, linker files, browse info files, and debug files. For avoidance
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`of doubt, Source Code does not include file names, version or revisions
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`identifications,
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`and/or directory
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`listings, which
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`shall
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`be
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`designated
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`“CONFIDENTIAL BUSINESS INFORMATION, SUBJECT TO PROTECTIVE
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`ORDER.”
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`A.
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`Source Code may be designated as “CONFIDENTIAL SOURCE CODE –
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`OUTSIDE ATTORNEYS’ EYES ONLY INFORMATION.”
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`B.
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`In addition to the protections provided in paragraphs 1-27 of the Protective
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`Order, Source Code shall be provided with the following additional
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`protections:
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`(i)
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`Nothing in this Protective Order shall obligate the parties to produce any
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`Source Code, nor act as an admission that any particular Source Code is
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`Case 2:22-cv-00134-JRG-RSP Document 66 Filed 09/12/22 Page 14 of 36 PageID #: 1040
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`discoverable. Nothing in this addendum shall be construed as a limitation
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`on the rights of the parties to seek further protective order amendments.
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`(ii)
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`Access to Source Code will be given only to the following SOURCE
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`CODE QUALIFIED PERSONS: (i) persons authorized for disclosure of
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`confidential information under paragraph 5 of this Protective Order,
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`except for paragraph 5(d), (ii) a reviewing party’s qualified consultants
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`and/or qualified experts after being expressly identified to the supplier as
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`seeking access to CONFIDENTIAL SOURCE CODE - OUTSIDE
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`ATTORNEYS’ EYES ONLY INFORMATION, and subject to the
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`disclosure requirements of paragraphs 5 and 28.B(xv); (iii) current
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`employees and 30(b)(6) witnesses who receive or have access to the
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`specific OUTSIDE COUNSEL RESTRICTED
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`– HIGHLY
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`CONFIDENTIAL SOURCE CODE material produced by that supplier
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`in the ordinary course of their employment; (iv) third parties for whom
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`the supplier has confirmed in advance in writing receive or have access to
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`the specific OUTSIDE COUNSEL RESTRICTED – HIGHLY
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`CONFIDENTIAL SOURCE CODE material produced by that supplier
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`in the ordinary course of business; and (v) to the extent the supplier
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`produces or otherwise makes available OUTSIDE COUNSEL
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`RESTRICTED – HIGHLY CONFIDENTIAL SOURCE CODE
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`authored by, originating from, or otherwise provided by a third party, the
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`employees, 30(b)(6) witnesses, or expert witnesses designated by such
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`third party to the extent those individuals receive or have access to the
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`specific OUTSIDE COUNSEL RESTRICTED – HIGHLY
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`CONFIDENTIAL SOURCE CODE material produced by that supplier
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`in the ordinary course of business.
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`(iii) Access to Source Code shall be provided on stand-alone (i.e., the
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`computer(s) may not be linked to any network, including a local area
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`network (“LAN”), an intranet, or the Internet, and may not be connected
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`to any printer or storage device other than the internal hard disk drive
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`of the computer without the consent of the supplier) computer(s)
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`(hereinafter, the “Source Code Computer(s)” at the secure locations
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`listed below. The Source Code Computer(s) shall be kept in a secure
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`location at the offices of the supplier’s outside litigation counsel in the
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`following locations:
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`• AMD: Boston, MA (1 source code computer), and San Francisco,
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`CA (2 source code computers)
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`• Realtek: Boston, MA (1 source code computer), and Silicon
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`Valley, CA (2 source code computers)
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`• TCL: San Diego, CA (2 source code computers)
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`or at such other location as the supplier and reviewing party mutually agree
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`(the “Secure Rooms”). AMD, Realtek, and TCL each agree to make the
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`number of Source Code Computers identified above available simultaneously
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`at each location identified above. The Source Code Computer(s) may be
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`password protected and shall have the Source Code stored on a hard drive
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`contained inside the Source Code Computer(s) or, at the supplier’s election,
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`otherwise accessible on the Source Code Computer(s). Each Source Code
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`Computer shall include an external mouse, external keyboard, suitable
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`graphics card, and external monitor; the monitor shall be at least 27-inch
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`diagonal and at least 1080p resolution; and the computer shall have sufficient
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`performance capability to efficiently view and access the CONFIDENTIAL
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`SOURCE CODE — OUTSIDE ATTORNEYS’ EYES ONLY
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`INFORMATION. The Source Code Computer(s) will be locked down so
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`that additional peripheral devices cannot be connected to the Source Code
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`Computer(s) by the receiving party. The supplier shall produce Source Code
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`in a computer searchable format on the Source Code Computer(s). The
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`receiving party may request that commercially-available software tools for
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`viewing and searching Source Code be installed on the stand- alone computer,
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`provided that such tools are consistent with the protections herein. In that
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`instance, the receiving party must provide the supplier with the licensed
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`software tool(s) at least seven (7) days in advance of the date upon which the
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`receiving party wishes to have the software tools available for use on the
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`stand-alone computer. The receiving party bears the cost of all licenses for any
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`such software tools. The receiving party shall not at any time compile or
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`synthesize the Source Code. In no event may any SOURCE CODE
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`QUALIFIED PERSONS alter, modify, delete, copy, or otherwise reproduce
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`or remove any Source Code, except to the extent otherwise permitted in this
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`section. To the extent that such tools record local working files or other
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`records reflecting the work performed by the receiving party, such files and
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`records shall not be reviewed, altered, or deleted by the supplier.
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`(iv)
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`The Supplier shall provide a manifest of the contents of the Source Code
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`Computer(s) and send via email to the receiving party, within one (1)
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`Case 2:22-cv-00134-JRG-RSP Document 66 Filed 09/12/22 Page 17 of 36 PageID #: 1043
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`business day of loading the CONFIDENTIAL SOURCE