Case 6:21-cv-00984-ADA Document 51-1 Filed 05/24/22 Page 1 of 33
`Case 6:21-cv-00984-ADA Document 51-1 Filed 05/24/22 Page 1 of 33
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`EXHIBIT 1
`EXHIBIT 1
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`Case 6:21-cv-00984-ADA Document 51-1 Filed 05/24/22 Page 2 of 33
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`Plaintiff,
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`v.
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`JAWBONE INNOVATIONS, LLC
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`APPLE INC.,
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`Defendant.
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`§
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`Case No. 6:21-CV-00984-ADA
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`PROTECTIVE ORDER 
`WHEREAS, Plaintiff Jawbone Innovations, LLC and Defendant Apple, Inc., hereafter referred to
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`as “the Parties,”1 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 and/or
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`commercially sensitive business information, or other proprietary information;
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`WHEREAS, the Parties seek a protective order limiting disclosure thereof in accordance with Federal
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`Rule of Civil Procedure 26(c):
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`THEREFORE, it is hereby 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 part,
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`any document, information, or material that constitutes or includes, in whole or in part,
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`confidential, commercially sensitive, 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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`                                                            
`1 1 “Party” or “Parties” mean any party to this case, including all of its officers, directors,
`employees, consultants, retained experts, and Outside Counsel and their support staffs. 
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`1
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`Case 6:21-cv-00984-ADA Document 51-1 Filed 05/24/22 Page 3 of 33
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`confidentiality with respect to such document, information, or material (“Protected
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`Material”). Protected Material shall not include: (i) advertising materials that have been
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`actually published or publicly disseminated; and (ii) materials that show on their face they
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`have been disseminated to the public. Nothing in this Order shall prevent or restrict a
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`Producing Party’s2 own disclosure or use of its own Protected Material for any purpose,
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`and nothing in this Order shall preclude any Producing Party from showing its Protected
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`Material to an individual who prepared the Protected Material. Designations under this
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`Order shall be made with care and shall not be made absent a good faith belief that the
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`designated material satisfies the criteria set forth below. If it comes to a Producing Party’s
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`attention that designated material does not qualify for protection at all, or does not qualify
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`for the level of protection initially asserted, the Producing Party must promptly notify all
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`other Parties that it is withdrawing or changing the designation.
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`(a) Designating Written Discovery and Documents and Tangible Things:
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`Protected Material includes written discovery, documents (which include
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`“electronically stored information,” as that phrase is used in Federal Rule of
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`Procedure 34) and tangible things. Protected Material shall be designated by the
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`Party producing it by affixing a legend or stamp on such document, information,
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`or material as follows: “CONFIDENTIAL,” “CONFIDENTIAL ATTORNEYS’
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`EYES ONLY,” or “CONFIDENTIAL - OUTSIDE ATTORNEYS’ EYES ONLY
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`- SOURCE CODE”
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`(“DESIGNATED MATERIAL”).3
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` The words
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`2 “Producing Party” means any Party or non-party that discloses or produces any Discovery
`Material in this case.
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`3 The term DESIGNATED MATERIAL is used throughout this Order to refer to the class of
`materials designated as “CONFIDENTIAL,” “CONFIDENTIAL - ATTORNEYS’ EYES
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`2
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`Case 6:21-cv-00984-ADA Document 51-1 Filed 05/24/22 Page 4 of 33
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`“CONFIDENTIAL,” “CONFIDENTIAL - ATTORNEYS’ EYES ONLY,” or
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`“CONFIDENTIAL - OUTSIDE ATTORNEYS’ EYES ONLY - SOURCE CODE”
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`shall be placed clearly on each page of the Protected Material for which such protection is
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`sought (except deposition and hearing transcripts, native files, and videotapes for
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`which such protection is sought prior to production). For digital files being
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`produced, the Producing Party may mark each viewable page or image with the
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`appropriate designation, and mark the medium, container, and/or communication
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`in which the digital files were contained. In the event that original documents are
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`produced
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`for
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`inspection,
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`the original documents
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`shall be presumed
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`“CONFIDENTIAL - ATTORNEYS’ EYES ONLY” during the inspection and
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`re-designated as appropriate during the copying process.
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`(b) Designating Transcripts: Parties or testifying persons or entities may designate
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`depositions and other testimony with the appropriate designation by indicating on
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`the record at the time the testimony is given or by sending written notice of how
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`portions of the transcript of the testimony is designated within thirty (30) days of
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`receipt of the transcript of the testimony. If no indication on the record is made, all
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`information disclosed during a deposition shall be deemed “CONFIDENTIAL -
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`ATTORNEYS’ EYES ONLY” until the time within which it may be appropriately
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`designated as provided for herein has passed. Any Party that wishes to disclose the
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`transcript, or information contained therein, may provide written notice of its intent
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`to treat the transcript as non-confidential, after which time, any Party that wants to
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`ONLY,” or “CONFIDENTIAL - OUTSIDE ATTORNEYS’ EYES ONLY - SOURCE CODE,”
`individually and collectively.
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`Case 6:21-cv-00984-ADA Document 51-1 Filed 05/24/22 Page 5 of 33
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`maintain any portion of the transcript as confidential must designate the
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`confidential portions within fourteen (14) days, or else the transcript may be treated
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`as non-confidential. Any Protected Material that is used in the taking of a
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`deposition shall remain subject to the provisions of this Order, along with the
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`transcript pages of the deposition testimony dealing with such Protected Material.
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`In such cases the court reporter shall be informed of this Order and shall be required
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`to operate in a manner consistent with this Order. For deposition and hearing
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`transcripts, the words “CONFIDENTIAL,” “CONFIDENTIAL - ATTORNEYS’
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`EYES ONLY,” or “CONFIDENTIAL - OUTSIDE ATTORNEYS’ EYES ONLY
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`- SOURCE CODE” shall be placed on the cover page of the transcript (if not
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`already present on the cover page of the transcript when received from the court
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`reporter) by each attorney receiving a copy of the transcript after that attorney
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`receives notice of
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`the designation of some or all of that transcript as
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`“CONFIDENTIAL,” “CONFIDENTIAL - ATTORNEYS’ EYES ONLY,” or
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`“CONFIDENTIAL - OUTSIDE ATTORNEYS’ EYES ONLY - SOURCE
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`CODE.” Counsel for any Producing Party shall have the right to exclude from
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`oral depositions, other than the deponent, deponent’s counsel, the reporter and
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`videographer (if any), any person who is not authorized by this Order to receive
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`or access Protected Material based on the designation of such Protected
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`Material. Such right of exclusion shall be applicable only during periods of
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`examination or testimony regarding such Protected Material.
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`(c) Designating Videotaped Depositions: In the event the deposition is videotaped,
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`the original and all copies of the videotape shall be marked by the video technician
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`Case 6:21-cv-00984-ADA Document 51-1 Filed 05/24/22 Page 6 of 33
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`to indicate that the contents of the videotape are subject to this Order, including the
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`specific confidentiality level claimed if such a designation is made prior to the
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`videotape being provided by the video technician, substantially along the lines of:
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`“This videotape contains [confidential] testimony used in this case and is not to be
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`viewed, or the contents thereof displayed or revealed, except pursuant to the terms
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`of the operative Protective Order in this matter or pursuant to written stipulation of
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`the Parties.”
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`(d) Designating Native Files: Where electronic files and documents are produced in
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`native electronic format, such electronic files and documents shall be designated
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`for protection by appending to the file names or designators information indicating
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`whether
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`the
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`file
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`contains
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`“CONFIDENTIAL,”
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`“CONFIDENTIAL
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`-
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`ATTORNEYS’ EYES ONLY,”
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`or
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`“CONFIDENTIAL
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`- OUTSIDE
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`ATTORNEYS’ EYES ONLY - SOURCE CODE” Protected Material. When such
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`electronic files or documents are printed (for use at a deposition, in a court
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`proceeding, or for provision in printed form to an expert or consultant pre-approved
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`pursuant to this Order), the Party printing the electronic files or documents shall
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`affix a legend to the printed document corresponding to the designation of the
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`Designating Party and including the production number and designation associated
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`with the native file. No one shall seek to use in this litigation a .tiff, .pdf or other
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`other image format version of a document produced in native file format without
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`first (1) providing a copy of the image format version to the Producing Party so that
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`the Producing Party can review the image to ensure that no information has been
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`altered, and (2) obtaining the consent of the Producing Party, which consent shall
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`Case 6:21-cv-00984-ADA Document 51-1 Filed 05/24/22 Page 7 of 33
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`not be unreasonably withheld.
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`2.
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`Any document produced before issuance of this Order, including pursuant to the Court’s
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`Order Governing Proceedings - Patent Case, with the designation “Confidential” or the like
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`shall receive the same treatment as if designated “CONFIDENTIAL” under this Order and
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`any such documents produced with the designation “Confidential - Attorneys’ Eyes Only”
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`or the like shall receive the same treatment as if designated “CONFIDENTIAL -
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`ATTORNEYS’ EYES ONLY” under this Order, unless and until such document is re-
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`designated to have a different classification under this Order.
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`3.
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`With respect to documents, information, or material designated “CONFIDENTIAL,”
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`“CONFIDENTIAL - ATTORNEYS’ EYES ONLY,” or “CONFIDENTIAL - OUTSIDE
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`ATTORNEYS’ EYES ONLY - SOURCE CODE” subject to the provisions herein and
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`unless otherwise stated, this Order governs, without limitation: (a) all documents,
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`electronically stored information, and/or things as defined by the Federal Rules of Civil
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`Procedure; (b) all pretrial, hearing or deposition testimony, or documents marked as exhibits
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`or for identification in depositions and hearings; (c) pretrial pleadings, exhibits to pleadings
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`and other court filings; (d) affidavits; and (e) stipulations. All copies, reproductions,
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`extracts, digests, and complete or partial summaries prepared from any DESIGNATED
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`MATERIALS shall also be considered DESIGNATED MATERIAL and treated as such
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`under this Order.
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`4.
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`A designation of Protected Material (i.e., “CONFIDENTIAL,” “CONFIDENTIAL -
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`ATTORNEYS’ EYES ONLY,” or “CONFIDENTIAL - OUTSIDE ATTORNEYS’ EYES
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`ONLY - SOURCE CODE”) may be made at any time. Inadvertent or unintentional
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`production of documents, information, or material that has not been designated as
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`Case 6:21-cv-00984-ADA Document 51-1 Filed 05/24/22 Page 8 of 33
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`DESIGNATED MATERIAL shall not be deemed a waiver in whole or in part of a claim for
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`confidential treatment. Any Party that inadvertently or unintentionally produces Protected
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`Material without designating it as DESIGNATED MATERIAL may request destruction of
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`that Protected Material by notifying the recipient(s) as soon as reasonably possible after the
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`Producing Party becomes aware of the inadvertent or unintentional disclosure, and
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`providing replacement Protected Material that is properly designated. The recipient(s) shall
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`then 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” documents, information, and material may be disclosed only to the
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`following persons, except upon receipt of the prior written consent of the designating Party,
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`upon order of the Court, or as set forth in paragraph 18 herein:
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`(a)
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`(b)
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`Outside Counsel4 of record in this Action for the Parties.
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`Employees of such Outside Counsel assigned to and reasonably necessary to
`assist such Outside Counsel in the litigation of this Action.
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`(c) Mock jurors who have signed an undertaking or agreement agreeing not to publicly
`disclose Protected Material and to keep any information concerning Protected
`Material confidential.
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`(d)
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`Outside consultants or experts retained for the purpose of this litigation, provided
`that: (1) such consultants or experts are not presently employed by the Parties or
`of an affiliate or competitor of a Party hereto for purposes other than this Action
`(or related actions), nor anticipated at the time of retention to become an officer,
`director or employee of a Party or of a competitor of a Party; (2) such expert or
`consultant accesses the Protected Materials in the United States only, and does not
`transport them to or access them from any foreign jurisdiction; (3) before access is
`given, the consultant or expert has completed the Acknowledgment and Agreement
`to be Bound attached as Appendix A hereto ; and (4) no unresolved objections to
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`4 “Outside Counsel” means (i) outside counsel who appear on the pleadings as counsel for a Party
`and (ii) partners, associates, and staff of such counsel to whom it is reasonably necessary to
`disclose the information for this litigation. 
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`6.
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`Case 6:21-cv-00984-ADA Document 51-1 Filed 05/24/22 Page 9 of 33
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`such disclosure exist after proper notice has been given to all Parties.
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`Independent litigation support services, including persons working for or as
`graphics or design services, translation services, jury or trial consulting services,
`provided they have agreed to be bound by the provisions of this Order by signing
`a copy of Exhibit A, and photocopy, document imaging, and database services
`retained by Outside Counsel and reasonably necessary to assist counsel with the
`litigation of this Action.
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`Court reporters, stenographers and videographers retained to record testimony
`taken in this action;
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`The Court, its personnel, and the jury;
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`Any mediator who is assigned to hear this matter, and his or her staff, subject to
`their agreement to maintain confidentiality to the same degree as required by this
`Protective Order; and
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`Any other person with the prior written consent of the Producing Party.
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`(e)
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`(f)
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`(g)
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`(h)
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`(i)
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`A Party shall designate documents, information, or material as “CONFIDENTIAL” only
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`if such documents, information, or material that contain or reflect confidential, proprietary,
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`and/or commercially sensitive information.
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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 not
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`be used for any other purpose. Any person or entity who obtains access to DESIGNATED
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`MATERIAL or the contents thereof pursuant to this Order shall not make any copies,
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`duplicates, extracts, summaries, or descriptions of such DESIGNATED MATERIAL or any
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`portion thereof except as may be reasonably necessary in the litigation of this Action. Any
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`such copies, duplicates, extracts, summaries, or descriptions shall be classified
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`DESIGNATED MATERIALS and subject to all of the terms and conditions of this Order.
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`8.
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`A Producing Party may designate Protected Material as “CONFIDENTIAL –
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`Case 6:21-cv-00984-ADA Document 51-1 Filed 05/24/22 Page 10 of 33
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`ATTORNEYS’ EYES ONLY” if it contains or reflects information that is extremely
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`confidential and/or sensitive in nature and the Producing Party reasonably believes that the
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`disclosure of such Protected Material is likely to cause economic harm or significant
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`competitive disadvantage to the producing Party. The Parties agree that the following
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`information, if non-public, shall be presumed to merit the “CONFIDENTIAL –
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`ATTORNEYS’ EYES ONLY” designation: trade secrets, pricing information, financial
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`data, sales information, sales or marketing forecasts or plans, business plans, sales or
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`marketing strategy, product development information, engineering documents, testing
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`documents, employee information, and other non-public information of similar
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`competitive and business sensitivity. To the extent such Protected Material includes
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`computer source code5,6 including computer code, scripts, assembly, binaries, object code,
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`Hardware Description Language (HDL) or Register Transfer Level (RTL) files that
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`describe the hardware design of any ASIC or other chip, and Computer Aided Design
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`(CAD) files that describe the hardware design of any component, and/or live data (that is,
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`data as it exists residing in a database or databases) (“Source Code Material”), the
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`Producing Party may designate such Protected Material as “CONFIDENTIAL – OUTSIDE
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`ATTORNEYS’ EYES ONLY - SOURCE CODE.”
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`9.
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`For Protected Material designated “CONFIDENTIAL - ATTORNEYS’ EYES ONLY,”
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`access to, and disclosure of, such Protected Material shall be limited to the follows:
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`5 Nothing in this Order shall be construed as a representation or admission that Source Code
`Material is properly discoverable in this action or to obligate any Party to produce any Source
`Code Material. 
`6 Source Code-adjacent material, including source listings (e.g., file names and path structure),
`descriptions of source code (e.g., descriptions of declarations, functions, and parameters), and
`object code listings and descriptions of object code, shall be designated as CONFDIENTIAL –
`ATTORNEYS’ EYES ONLY and treated appropriately. 
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`Case 6:21-cv-00984-ADA Document 51-1 Filed 05/24/22 Page 11 of 33
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`(a) The Receiving Party’s Outside Counsel, provided that such Outside Counsel is not
`involved in competitive decision-making authority, as defined by U.S. Steel v.
`United States, 730 F.2d 1465, 1468 n.3 (Fed. Cir. 1984), on behalf of a Party or a
`competitor of a Party, and such Outside Counsel’s immediate paralegals and staff,
`and any copying or clerical litigation support services working at the direction of
`such counsel, paralegals, and staff;
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`(b) Any outside expert or consultant retained by the Receiving Party to assist in this
`action, provided that disclosure is only to the extent necessary to perform such
`work; and provided that: (a) such expert or consultant has agreed to be bound by
`the provisions of the Protective Order by signing a copy of Exhibit A; (b) such
`expert or consultant is not a current officer, director, or employee of a Party or of a
`competitor of a Party, nor anticipated at the time of retention to become an officer,
`director, or employee of a Party or of a competitor of a Party; (c) such expert or
`consultant is not involved in competitive decision-making, as defined by U.S. Steel
`v. United States, 730 F.2d 1465, 1468 n.3 (Fed. Cir. 1984), on behalf of a Party or
`a competitor of a Party; (d) such expert or consultant accesses the materials in the
`United States only, and does not transport them to or access them from any foreign
`jurisdiction; and (e) no unresolved objections to such disclosure exist after proper
`notice has been given to all Parties;
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`(c) Court reporters, stenographers and videographers retained to record testimony
`taken in this action;
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`(d) The Court, its personnel, and the jury;
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`(e) Graphics, translation, design, and/or trial consulting personnel, having first agreed
`to be bound by the provisions of the Protective Order by signing a copy of
`Exhibit A;
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`(f) Any mediator who is assigned to hear this matter, and his or her staff, subject to
`their agreement to maintain confidentiality to the same degree as required by this
`Protective Order; and
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`(g) Any other person with the prior written consent of the Producing Party.
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`In addition, a Party may disclose arguments and materials derived from Discovery Material
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`designated as “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” to mock jurors who have
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`signed an undertaking or agreement agreeing not to publicly disclose Protected Material and to
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`keep any information concerning Protected Material confidential. A Party may not disclose to
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`Case 6:21-cv-00984-ADA Document 51-1 Filed 05/24/22 Page 12 of 33
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`mock jurors any original, as-produced materials or information (including, for example,
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`documents, deposition testimony, or interrogatory responses) produced by another Party
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`designated as “CONFIDENTIAL - ATTORNEYS’ EYES ONLY.”
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`10.
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`For Protected Material designated “CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES
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`ONLY - SOURCE CODE,” the same restrictions set forth for Protected Material designated
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`“CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY” and the following additional
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`restrictions apply:
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`(a)
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`(b)
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`(c)
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`Any Source Code Material that is produced by Plaintiff shall be made available for
`inspection in electronic format at the Austin office of its outside counsel, the Mort
`Law Firm, PLLC, or any other location mutually agreed by the Parties. Any Source
`Code Material that is produced by Defendant will be made available for inspection
`at the Dallas office of its Outside Counsel, Fish & Richardson, P.C., or any other
`location mutually agreed by the Parties.
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`Access to a Party’s Source Code Material shall be provided only on a secured
`“stand-alone” computer(s) (that is, the computer may not be linked to any network,
`including a local area network (“LAN”), an intranet or the Internet) in a secure
`room (the “Source Code Computer” in the “Source Code Review Room”). The
`Source Code Computer may be connected to a printer via one printer port. The
`Source Code Computer will have USB ports enabled for the use of an external
`monitor, an external mouse, and an external keyboard but shall otherwise have all
`access ports disabled (except for USB ports), as necessary and appropriate to
`prevent and protect against any unauthorized copying, transmission, removal or
`other transfer of any Source Code Material outside or away from the computer on
`which the Source Code Material is provided for inspection in the Source Code
`Review Room.
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`Prior to the first inspection of any requested Source Code Material, the Receiving
`Party shall provide fourteen (14) days’ notice of the Source Code Material that it
`wishes to inspect. The Receiving Party shall provide three (3) days’ notice prior
`to any additional inspections of that code. The Receiving Party shall make
`reasonable efforts to restrict its requests for such access to the Source Code
`Computer to normal business hours, which for purposes of this paragraph shall be
`9:00 a.m. through 5:00 p.m on business days (i.e., weekdays that are not Federal
`holidays). A list of names of persons who will inspect the Source Code Material
`will be provided to the Producing Party at the time of the request for access.
`Upon reasonable notice from the Receiving Party, the Producing Party shall make
`reasonable efforts to accommodate the Receiving Party’s request for access to the
`Source Code Computer(s) outside of normal business hours. The Parties agree to
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`Case 6:21-cv-00984-ADA Document 51-1 Filed 05/24/22 Page 13 of 33
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`cooperate in good faith such that maintaining the Producing Party’s Source Code
`Material at the offices of its Outside Counsel shall not unreasonably hinder the
`Receiving Party’s ability to efficiently and effectively conduct the prosecution or
`defense of this Action.
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`The Producing Party shall install tools that are sufficient for viewing and searching
`the Source Code Material produced, on the platform produced, if such tools exist
`and are presently used in the ordinary course of the Producing Party’s business.
`The Receiving Party’s Outside Counsel and/or experts may request that
`commercially available software tools for viewing and searching Source Code
`Material be installed on the Source Code Computer, provided, however, that (a)
`the Receiving Party possesses an appropriate license to such software tools; (b) the
`Producing Party approves such software tools, which approval shall not be
`unreasonably withheld; and (c) such other software tools are reasonably necessary
`for the Receiving Party to perform its review of the Source Code Material
`consistent with all of the protections herein. The Receiving Party must provide the
`Producing Party with the CD or DVD containing such licensed software tool(s) at
`least ten (10) days in advance of the date upon which the Receiving Party wishes
`to have the additional software tools available for use on the Source Code
`Computer.
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`No recordable media or recordable devices, including without limitation sound
`recorders, computers, cell phones, peripheral equipment, cameras, CDs, DVDs, or
`drives of any kind, shall be permitted into the Source Code Review Room.
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`The Receiving Party’s Outside Counsel and/or experts shall be entitled to take
`notes relating to the Source Code Material but may not copy the Source Code
`Material into the notes and may not take such notes electronically on the Source
`Code Computer itself or any other computer.
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`The Producing Party may visually monitor the activities of the Receiving Party’s
`representatives during any Source Code Material review, but only to ensure that
`no unauthorized electronic records of the Source Code Material are being created
`or transmitted in any way.
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`No copies of all or any portion of the Source Code Material may leave the Source
`Code Review Room except as otherwise provided herein. Further, no other written
`or electronic record of the Source Code Material is permitted except as otherwise
`provided herein. Except to print Source Code Material pursuant to Paragraph 10(o)
`below, the Receiving Party will not copy, remove, or otherwise transfer any Source
`Code Material from the Source Code Computer including, without limitation,
`copying, removing, or transferring the Source Code Material onto any recordable
`media or recordable device.
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`The Producing Party shall provide the receiving Party with information explaining
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`(d)
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`(e)
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`(f)
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`(g)
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`(h)
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`(i)
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`Case 6:21-cv-00984-ADA Document 51-1 Filed 05/24/22 Page 14 of 33
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`
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`(j)
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`(k)
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`(l)
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`how to start, log on to, and operate the Source Code Computer(s) in order to access
`the produced Source Code Material on the Source Code Computer(s).
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`The Producing Party will produce Source Code Material in computer searchable
`format on the Source Code Computer(s) as described above.
`
`Access to Protected Material designated “CONFIDENTIAL - OUTSIDE
`ATTORNEYS’ EYES ONLY - SOURCE CODE” shall be limited to
`i. The Receiving Party’s Outside Counsel, provided that such Outside
`Counsel is not involved in competitive decision-making, as defined by U.S.
`Steel v. United States, 730 F.2d 1465, 1468 n.3 (Fed. Cir. 1984), on behalf
`of a Party or a competitor of a Party, and such Outside Counsel’s immediate
`paralegals and staff, and any copying or clerical litigation support services
`working at the direction of such counsel, paralegals, and staff;
`
`ii. Any outside expert or consultant retained by the Receiving Party to assist
`in this action, provided that disclosure is only to the extent necessary to
`perform such work; and provided that: (a) such expert or consultant has
`agreed to be bound by the provisions of the Protective Order by signing a
`copy of Exhibit A; (b) such expert or consultant is not a current officer,
`director, or employee of a Party or of a competitor of a Party, nor
`anticipated at the time of retention to become an officer, director or
`employee of a Party or of a competitor of a Party; (c) such expert or
`consultant is not involved in competitive decision-making, as defined by
`U.S. Steel v. United States, 730 F.2d 1465, 1468 n.3 (Fed. Cir. 1984), on
`behalf of a Party or a competitor of a Party; and (d) no unresolved
`objections to such disclosure exist after proper notice has been given to all
`Parties;
`
`iii. Court reporters, stenographers and videographers retained to record
`testimony taken in this action;
`
`iv. The Court, jury, and court personnel;
`
`v. Any mediator who is assigned to hear this matter, and his or her staff,
`subject to their agreement to maintain confidentiality of the same degree as
`required by this Protective Order; and
`
`vi. Any other person with the prior written consent of the Producing Party..
`
`
`If a Party reasonably believes that it needs to submit a portion of Source Code
`Material as part of a filing with the Court, the Parties shall meet and confer as to
`how to make such a filing while protecting the confidentiality of the Source Code
`Material and such Source Code Material will not be filed absent agreement from
`the Producing Party that the confidentiality protections will be adequate. If a
`
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`Case 6:21-cv-00984-ADA Document 51-1 Filed 05/24/22 Page 15 of 33
`
`Producing Party agrees to produce an electronic copy of all or any portion of its
`Source Code Material or provide written permission to the Receiving Party that an
`electronic or any other copy needs to be made for a Court filing, a Receiving Party
`may include excerpts of Source Code Material in an exhibit to a pleading, expert
`report, or deposition transcript (collectively, “Source Code Exhibits”), provided
`that no excerpt included in the Source Code Exhibits consists of more than five (5) pages of
`continuous block of Source Code Material, the Source Code Exhibits are 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, including but not limited to Local Rule CV-5.2 and February 12,
`2021 Standing Order Regarding Filing Documents Under Seal In Patent Cases And
`Redacted Pleadings, and any amendments thereto, procedures, and orders with any
`uncited Source Code Material redacted. The Receiving Party may create electronic
`images or copies only as subject to this Order’s provisions for Source Code
`Material, to submit said Source Code Material as part of the Court filing, and shall
`store said images or copies in accordance with this Order’s provisions for storage
`of Source Code Material.
`
`To the extent portions of Source Code Material are quoted in a Source Code
`Exhibit the entire Source Code Exhibit will be stamped and treated as
`“CONFIDENTIAL - OUTSIDE ATTORNEYS’ EYES ONLY - SOURCE CODE”
`Images or copies of Source Code Material shall not be included in correspondence
`between the Parties (references to production numbers shall be used instead), and
`shall be omitted from pleadings and other papers whenever possible. If an
`electronic or other copy needs to be made for contentions, an expert report, a Court
`filing (subject to the terms of the preceding paragraph), or any other document,
`which pursuant to the Court’s rules, procedures, or orders must be filed or served
`electronically, the Receiving Party’s entire submission, communication, and/or
`disclosure containing any portion of Source Code Material (paper or electronic)
`shall be marked “CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY -
`SOURCE CODE” and access at all times shall be limited solely to individuals who
`are expressly authorized to view Source Code Material under the provisions of this
`Order.
`
`Except as set forth elsewhere in paragraph 10, no electronic copies of Source Code
`Material shall be made without prior written consent of the Producing Party.
`
`The Receiving Party shall be permitted, only when necessary to prepare court
`filings or pleadings or other papers (including a testifying expert’s expert report),
`to make a reasonable number of printouts of Source Code Material, which shall
`presumptively be a total of seven hundred fifty (750) pages provided no printed
`portion may consist of more than twenty-five (25) pages of co