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`
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`The Honorable Ricardo S. Martinez
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`UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF WASHINGTON
`AT SEATTLE
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`
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`Case No. 2:18-cv-01732-RSM
`
`
`STIPULATED PROTECTIVE ORDER
`REGARDING THE DISCLOSURE AND
`USE OF DISCOVERY MATERIALS
`
`
`
`UNILOC 2017 LLC
`Plaintiff,
`
`v.
`
`HTC AMERICA, INC.
`
`Defendant.
`
`
`
`
`
`WHEREAS Plaintiff Uniloc 2017 (“Uniloc”) and Defendant HTC America, Inc.
`(“HTC” or “Defendant”) anticipate that documents, testimony, or information containing or
`reflecting confidential, proprietary, trade secret, and/or commercially sensitive information are
`likely to be disclosed or produced during the course of discovery, initial disclosures, and
`supplemental disclosures in the above-captioned case (“the Case”), see Dkt. # 30 (Joint Status
`Report), the Parties request that the Court enter this Order setting forth the conditions for
`treating, obtaining, and using such information. This Order is consistent with the Local Rules
`in that “it does not purport to confer blanket protection on all disclosures or responses to
`discovery, its protection from public disclosure and use extends only to the limited information
`or items that are entitled to confidential treatment under the applicable legal principles, and it
`
`PROTECTIVE ORDER
`CASE NO. 2:18-CV-01732-RSM
`
`3466903.v1
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`does not presumptively entitle the parties to file confidential information under seal.” Local
`Rules W.D. Wash. LCR 26(c). The Parties have previously agreed and are subject to protective
`orders with substantially similar terms as those contained herein in patent lawsuits in this district
`and another district. See Uniloc USA, Inc., et al. v. HTC America, Inc., Case No. 2:17-cv-1558-
`JLR, Dkt. #59 (W.D. Wash.); Uniloc USA, Inc., et al. v. HTC America, Inc., Case No. 2:16-cv-
`989-JRG, consolidated at Uniloc USA, Inc. v. Motorola Mobility LLC, Case No. 2:16-cv-992-
`JRG, Dkt. No. 131 (E.D. Tex.) (stayed pending inter partes review).
`Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, the Court finds good
`cause for the following Agreed Protective Order Regarding the Disclosure and Use of
`Discovery Materials (“Order” or “Protective Order”).
`
`1.
`
`PURPOSES AND LIMITATIONS
`
`(a) Protected Material designated under the terms of this Protective Order shall
`be used by a Receiving Party solely for the Case, and shall not be used directly or indirectly for
`any other purpose whatsoever.
`(b) The Parties acknowledge that this Order does not confer blanket protections
`on all disclosures during discovery, or in the course of making initial or supplemental
`disclosures under Rule 26(a). Designations under this Order shall be made with care and shall
`not be made absent a good faith belief that the designated material satisfies the criteria set forth
`below. If it comes to a Producing Party’s attention that designated material does not qualify for
`protection at all, or does not qualify for the level of protection initially asserted, the Producing
`Party must promptly notify all other Parties that it is withdrawing or changing the designation.
`
`2.
`
`DEFINITIONS
`
`(a) “Discovery Material” means all items or information, including from any
`non-party, regardless of the medium or manner generated, stored, or maintained (including,
`
`PROTECTIVE ORDER
`CASE NO. 2:18-CV-01732-RSM
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`among other things, testimony, transcripts, or tangible things) that are produced, disclosed, or
`generated in connection with discovery or Rule 26(a) disclosures in the Case.
`(b) “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.
`(c) “In-house Counsel” means attorneys who are employees of a Party and are
`working on this litigation, and includes supporting personnel employed by those counsel, such
`as paralegals, but specifically excludes any inventor of a patent-in-suit. For a Party that does
`not employ any attorneys, In-house Counsel shall include one non-attorney individual working
`on this litigation as an employee as that Party, but specifically excludes any inventor of a patent-
`in-suit.
`
`(d) “Patent-in-suit” means U.S. Patent No. 6,836,654 and any other patent
`asserted in the Case.
`(e) “Party” means any party to the Case, including all of its officers, directors,
`employees, consultants, retained experts, and Outside Counsel and their support staff.
`(f) “Producing Party” means any Party or non-party that discloses or produces
`any Discovery Material in the Case.
`(g) “Protected Material” means any Discovery Material that is designated as
`“CONFIDENTIAL,” “HIGHLY CONFIDENTIAL - ATTORNEYS’ EYES ONLY,” or
`“HIGHLY CONFIDENTIAL - SOURCE CODE,” as provided for in this Order. Protected
`Material shall not include: (i) advertising materials that have been actually published or publicly
`disseminated; and (ii) materials that show on their face they have been disseminated to the
`public.
`
`(h) “Receiving Party” means any Party who receives Discovery Material from
`a Producing Party.
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`PROTECTIVE ORDER
`CASE NO. 2:18-CV-01732-RSM
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`(i) “Source Code” means a text listing of computer instructions, commands and
`data definitions expressed in a form suitable for input to an assembler, compiler, or other
`translator to be compiled or assembled into an executable computer program.
`
`3.
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`COMPUTATION OF TIME
`
`The computation of any period of time prescribed or allowed by this Order shall be
`governed by the provisions for computing time set forth in Federal Rule of Civil Procedure 6.
`
`4.
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`SCOPE
`
`(a) The protections conferred by this Order cover not only Discovery Material
`governed by this Order as addressed herein, but also any information copied or extracted
`therefrom, as well as all copies, excerpts, summaries, or compilations thereof, plus testimony,
`conversations, or presentations by Parties or their counsel in Court or in other settings that might
`reveal Protected Material.
`(b) Nothing in this Protective Order shall prevent or restrict a Producing Party’s
`own disclosure or use of its own Protected Material for any purpose, and nothing in this Order
`shall preclude any Producing Party from showing its Protected Material to an individual who
`prepared the Protected Material.
`(c) Nothing in this Order shall be construed to prejudice any Party’s right to
`use any Protected Material in Court or in any Court filing with the consent of the Producing
`Party or by order of the Court.
`(d) This Order is without prejudice to the right of any Party to seek further or
`additional protection of any Discovery Material or to modify this Order in any way, including,
`without limitation, an order that certain matter not be produced at all.
`
`PROTECTIVE ORDER
`CASE NO. 2:18-CV-01732-RSM
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`5.
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`DURATION
`
`Even after the termination of the Case, the confidentiality obligations imposed by this
`Order shall remain in effect until a Producing Party agrees otherwise in writing or a Court order
`otherwise directs.
`
`6.
`
`ACCESS TO AND USE OF PROTECTED MATERIAL
`
`(a) Basic Principles. All Protected Material shall be used solely for the Case
`or any related appellate proceeding, and not for any other purpose whatsoever, including
`without limitation any other litigation, patent prosecution or acquisition, patent reexamination,
`reissue, inter partes review, covered business method review, or other post-grant review
`proceedings, or any business or competitive purpose or function. Protected Material shall not
`be distributed, disclosed or made available to anyone except as expressly provided in this Order.
`(b) Patent Prosecution Bar. Absent the written consent of the Producing Party,
`any person employed by, related to, or representing the Receiving Party who is permitted to and
`in fact receives any of the Producing Party’s materials designated “HIGHLY CONFIDENTIAL
`– ATTORNEY’S EYES ONLY” or “HIGHLY CONFIDENTIAL – SOURCE CODE” and
`directed to technical information relevant to the Case, but excluding financial data or non-
`technical business
`information
`(collectively, “HIGHLY SENSITIVE TECHNICAL
`MATERIAL”), in accordance with this Order, shall not, on behalf of the Receiving Party or
`their acquirer, successor, predecessor, or other affiliate, prepare, prosecute, or assist in the
`preparation or prosecution of any patent application relating to the subject matter of the Patent-
`in-suit and corresponding to the produced technical information, i.e., anti-theft protection for a
`radiotelephony device, before any foreign or domestic agency, including the United States
`Patent and Trademark Office. To ensure compliance with the purpose of this provision, each
`Party shall create an “Ethical Wall” between those persons with access to HIGHLY
`SENSITIVE TECHNICAL MATERIAL in accordance with this Order, and any individuals
`
`PROTECTIVE ORDER
`CASE NO. 2:18-CV-01732-RSM
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`who, on behalf of Plaintiff or their acquirer, successor, predecessor, or other affiliate, prepare,
`supervise, or assist in the preparation or prosecution of any patent application relating to the
`accused functionalities as stated above. These prohibitions shall not preclude the Receiving
`Party’s litigation counsel from participating in any inter partes review proceedings. However,
`if and when claim amendments are considered in such an inter partes review, the Receiving
`Party’s litigation counsel participating in that inter partes review must at that time either end
`their involvement in that inter partes proceeding or request leave of court to continue their
`participation in that proceeding. Litigation counsel who are the subject of such a request shall
`not provide input on any proposed claim amendments while the motion for leave is pending,
`and the Producing Party will agree to reasonable measures to expedite consideration of that
`motion (such as an expedited briefing schedule that allows for at least one week for the filing
`of an opposition). If leave of court is granted, then the Receiving Party’s litigation counsel may
`continue to represent the Receiving Party in the litigation and the inter partes proceeding at
`issue, even though amendments are considered. If leave is denied, then those counsel with
`access
`to HIGHLY SENSITIVE TECHNICAL MATERIALS shall withdraw from
`representation in, and shall not provide any input concerning, that inter partes review. The
`prohibitions of this paragraph shall begin when the HIGHLY SENSITIVE TECHNICAL
`MATERIALS are first received by the affected individual, and shall end one year after the
`settlement and/or dismissal of the Producing Party Defendant from this Case or the final non-
`appealable termination of this Case.
`(c) Patent Acquisition Bar. Absent the written consent of the Producing Party,
`any person employed by, related to, or representing the Receiving Party who is permitted to and
`in fact receives any of the Producing Party’s HIGHLY SENSITIVE TECHNICAL MATERIAL
`in accordance with this Order, shall not advise, counsel, participate, or assist in the acquisition
`of any patents or patent applications that (1) relate to the subject matter of the Patent-in-suit; or
`(2) relate to the subject matter of the HIGHLY SENSITIVE TECHNICAL MATERIAL that
`
`PROTECTIVE ORDER
`CASE NO. 2:18-CV-01732-RSM
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`such individual reviewed. For the avoidance of doubt, the “acquisition” of patents under this
`section includes any analysis or evaluation of patents for the purposes of evaluating whether,
`or for what price, to acquire them. These prohibitions shall begin when the HIGHLY
`SENSITIVE TECHNICAL MATERIALS are first received by the affected individual, and shall
`end one year after the settlement or dismissal of the Producing Party from this Case or the final
`non-appealable termination of this Case.
`(d) Secure Storage, No Export. Protected Material must be stored and
`maintained by a Receiving Party at a location in the United States and in a secure manner that
`ensures that access is limited to the persons authorized under this Order. Materials designated
`“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” or
`“HIGHLY
`CONFIDENTIAL – SOURCE CODE” produced by Defendant shall not be taken or reviewed
`outside the United States unless expressly agreed to in writing by the Producing Party. If a
`deposition of a Producing Party’s employee or 30(b)(6) designee occurs outside the United
`States, that Producing Party’s Protected Materials may be taken outside the United States solely
`for purposes of their use at that deposition. Any materials designated “HIGHLY
`CONFIDENTIAL – SOURCE CODE” are subject to the restrictions in Section 10.
`(e) Legal Advice Based on Protected Material. Nothing in this Protective Order
`shall be construed to prevent counsel from advising their clients with respect to the Case based
`in whole or in part upon Protected Materials, provided counsel does not disclose the Protected
`Material itself except as provided in this Order.
`(f) Limitations. Nothing in this Order shall restrict in any way a Producing
`Party’s use or disclosure of its own Protected Material. Nothing in this Order shall restrict in
`any way the use or disclosure of Discovery Material by a Receiving Party: (i) that is or has
`become publicly known through no fault of the Receiving Party; (ii) that is lawfully acquired
`by or known to the Receiving Party independent of the Producing Party; (iii) previously
`produced, disclosed and/or provided by the Producing Party to the Receiving Party or a non-
`
`PROTECTIVE ORDER
`CASE NO. 2:18-CV-01732-RSM
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`party without an obligation of confidentiality and not by inadvertence or mistake; (iv) with the
`consent of the Producing Party; or (v) pursuant to order of the Court. However, if the accuracy
`of information is confirmed only through the review of Protected Material, then the information
`shall not be considered to be publicly known. For example, unsubstantiated media speculations
`or rumors that are later confirmed to be accurate through access to Protected Material are not
`“publicly known” information. Such information is explicitly included in the definition of
`“Protected Material” set forth in paragraph 2(g) above.
`
`7.
`
`DESIGNATING PROTECTED MATERIAL
`
`(a) Available Designations. Any Producing Party may designate Discovery
`Material with any of the following designations, provided that it meets the requirements for
`such designations as provided for herein: “CONFIDENTIAL,” “HIGHLY CONFIDENTIAL –
`ATTORNEYS’ EYES ONLY” or “HIGHLY CONFIDENTIAL – SOURCE CODE.”
`(b) Written Discovery and Documents and Tangible Things. Written
`discovery, documents (which include “electronically stored information,” as that phrase is used
`in Federal Rule of Civil Procedure 34), and tangible things that meet the requirements for the
`confidentiality designations listed in paragraph 7(a) may be so designated by placing the
`appropriate designation on every page of the written material prior to production. For digital
`files being produced, the Producing Party may mark each viewable page or image with the
`appropriate designation, and mark the medium, container, and/or communication in which the
`digital files were contained. In the event that original documents are produced for inspection,
`the original documents shall be presumed “HIGHLY CONFIDENTIAL – ATTORNEYS’
`EYES ONLY” during the inspection and re-designated, as appropriate during the copying
`process.
`
`(c) Native Files. Where electronic files and documents are produced in native
`electronic format, such electronic files and documents shall be designated for protection under
`
`PROTECTIVE ORDER
`CASE NO. 2:18-CV-01732-RSM
`
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`this Order by appending to the file names or designators information indicating whether the file
`contains “CONFIDENTIAL,” “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”
`or “HIGHLY CONFIDENTIAL – SOURCE CODE,” material, or shall use any other
`reasonable method for so designating Protected Materials produced in electronic format. When
`electronic files or documents are printed for use at deposition, in a Court proceeding, or for
`provision in printed form to an expert or consultant pre-approved pursuant to paragraph 9, the
`Party printing the electronic files or documents shall affix a legend to the printed document
`corresponding to the designation of the Designating Party and including the production number
`and designation associated with the native file. No one shall seek to use in this litigation a .tiff,
`.pdf, or other image format version of a document produced in native file format without first
`(1) providing a copy of the image format version to the Producing Party so that the Producing
`Party can review the image to ensure that no information has been altered, and (2) obtaining the
`consent of the Producing Party, which consent shall not be unreasonably withheld.
`(d) Depositions and Testimony. Parties or testifying persons or entities may
`designate depositions and other testimony with the appropriate designation by indicating on the
`record at the time the testimony is given or by sending written notice of how portions of the
`transcript of the testimony is designated within thirty days of receipt of the transcript of the
`testimony. If no indication on the record is made, all information disclosed during a deposition
`shall be deemed “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” until the time
`within which it may be appropriately designated as provided for herein has passed. Any
`Protected Material that is used in the taking of a deposition shall remain subject to the provisions
`of this Protective Order. In such cases the court reporter shall be informed of this Protective
`Order and shall be required to operate in a manner consistent with this Protective Order. In the
`event the deposition is videotaped, the original and all copies of the videotape shall be marked
`by the video technician to indicate that the contents of the videotape are subject to this Protective
`Order, substantially along the lines of “This videotape contains confidential testimony used in
`
`PROTECTIVE ORDER
`CASE NO. 2:18-CV-01732-RSM
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`this case and is not to be viewed or the contents thereof to be displayed or revealed except
`pursuant to the terms of the operative Protective Order in this matter or pursuant to written
`stipulation of the parties.” Counsel for any Producing Party shall have the right to exclude from
`oral depositions, other than the deponent, deponent’s counsel, the reporter and videographer (if
`any), any person who is not authorized by this Protective Order to receive or access Protected
`Material based on the designation of such Protected Material. Such right of exclusion shall be
`applicable only during periods of examination or testimony regarding such Protected Material.
`
`8.
`
`DISCOVERY MATERIAL DESIGNATED AS “CONFIDENTIAL”
`
`(a)
`
`A Producing Party may designate Discovery Material as
`
`“CONFIDENTIAL” if it contains or reflects confidential, proprietary, and/or commercially
`
`sensitive information.
`
`(b)
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`Unless otherwise ordered by the Court, Discovery Material
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`designated as “CONFIDENTIAL” may be disclosed only to the following:
`
`(i)
`The Receiving Party’s Outside Counsel, such 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) Not more than three representatives of the Receiving Party, who
`may be, but need not be, In-house Counsel for the Receiving Party, as well as their immediate
`paralegals and staff, to whom disclosure is reasonably necessary for the Case, provided that
`each such person has agreed to be bound by the provisions of the Protective Order by signing a
`copy of Exhibit A;
`
`(iii) Any outside expert or consultant retained by the Receiving Party to
`assist in the Case, 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
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`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 accesses the materials in the United States only, and does not
`transport them to or access them from any foreign jurisdiction, except that, for example, an
`expert or consultant may transport Protected Material outside of the United States for the
`purpose of providing support to outside counsel of a party deposing employees of another party
`or a third party resident overseas; and (d) no unresolved objections to such disclosure exist after
`proper notice has been given to all Parties as set forth in Section 12 below. If an unresolved
`objection to such disclosures exists, the Parties agree to promptly confer and use good faith to
`resolve any such objection;
`(iv) Court reporters, stenographers, and videographers retained to record
`testimony taken in the Case;
`(v) The Court, jury, and Court personnel;
`(vi) 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;
`
`(vii) 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;
`(viii) 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
`(ix) Any other person with the prior written consent of the Producing
`
`Party.
`
`PROTECTIVE ORDER
`CASE NO. 2:18-CV-01732-RSM
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`9.
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`DISCOVERY MATERIAL DESIGNATED AS “HIGHLY
`CONFIDENTIAL - ATTORNEYS’ EYES ONLY”
`
`(a) A Producing Party may designate Discovery Material as “HIGHLY
`CONFIDENTIAL – ATTORNEYS’ EYES ONLY” if it contains or reflects information that is
`extremely confidential and/or sensitive in nature and the Producing Party reasonably believes
`that the disclosure of such Discovery Material is likely to cause economic harm or significant
`competitive disadvantage to the Producing Party. The Parties agree that the following
`information, if non-public, shall be presumed to merit the “HIGHLY CONFIDENTIAL –
`ATTORNEYS’ EYES ONLY” designation: trade secrets, pricing information, financial data,
`sales information, sales or marketing forecasts or plans, business plans, sales or marketing
`strategy, product development information, engineering documents, testing documents,
`employee information, and other non-public information of similar competitive and business
`sensitivity.
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`(b) Unless otherwise ordered by the Court, Discovery Material designated as
`“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” may be disclosed only to:
`(i) The Receiving Party’s Outside Counsel, provided that such Outside
`Counsel is not involved in competitive decision-making, 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; and
`(ii) The individuals listed in paragraphs 8(b)(iii)-8(b)(ix).
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`10.
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`DISCOVERY MATERIAL DESIGNATED AS “HIGHLY
`CONFIDENTIAL - SOURCE CODE”
`
`(a) To the extent production of Source Code becomes necessary to the
`prosecution or defense of the Case, a Producing Party may designate Source Code as “HIGHLY
`CONFIDENTIAL – SOURCE CODE” if it comprises or includes confidential, proprietary,
`and/or trade secret Source Code.
`
`PROTECTIVE ORDER
`CASE NO. 2:18-CV-01732-RSM
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`Case 2:18-cv-01732-RSM Document 56 Filed 05/12/20 Page 13 of 28
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`(b) Nothing in this Order shall be construed as a representation or admission
`that Source Code is properly discoverable in the Case, or to obligate any Party to produce any
`Source Code.
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`(c) Unless otherwise ordered by the Court, Discovery Material designated as
`“HIGHLY CONFIDENTIAL – SOURCE CODE” shall be subject to the provisions set forth in
`Section 11 below, and may be disclosed, subject to Section 11 below, solely to:
`(i) The Receiving Party’s Outside Counsel, provided that such Outside
`Counsel is not involved in competitive decision-making, 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; and
`(ii) The individuals listed in paragraphs 8(b)(iii-vi and viii-ix).
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`11.
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`DISCLOSURE AND REVIEW OF SOURCE CODE
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`For Protected Material designated HIGHLY CONFIDENTIAL SOURCE CODE, the
`following additional restrictions apply:
`(a) Access to a Party’s HIGHLY CONFIDENTIAL SOURCE CODE shall be
`provided only on “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). The stand-alone
`computer(s) may be connected to a printer solely for the limited purposes permitted pursuant to
`paragraphs 11(h) and 11(k) below. Additionally, the stand-alone computer(s) may only be
`located at the offices of the Producing Party’s outside counsel or other, mutually agreeable
`location;
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`(b) Prior to the first inspection of any requested Source Code, the parties agree
`to meet and confer regarding the review and production of Source Code if requested by either
`Party. Further, the Receiving Party shall provide ten days’ notice for its initial review of any
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`PROTECTIVE ORDER
`CASE NO. 2:18-CV-01732-RSM
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`Source Code that it wishes to inspect. The Receiving Party shall provide two days’ notice prior
`to any additional inspections.
`(c) The Receiving Party shall make reasonable efforts to restrict its requests for
`such access to the stand-alone computer(s) to normal business hours, which for purposes of this
`paragraph shall be 8:00 a.m. through 6:00 p.m. The Parties agree to cooperate in good faith
`regarding accommodating review of a Party’s HIGHLY CONFIDENTIAL SOURCE CODE;
`(d) The Producing Party shall provide the Receiving Party with information
`explaining how to start, log on to, and operate the stand-alone computer(s) in order to access
`the produced HIGHLY CONFIDENTIAL SOURCE CODE on the stand-alone computer(s);
`(e) The producing Party will produce Source Code Material in computer
`searchable format on the stand-alone computer(s) as described above;
`(f) Access to Protected Material designated HIGHLY CONFIDENTIAL
`SOURCE CODE shall be limited to outside counsel and up to three outside consultants or
`experts (i.e., not existing employees or affiliates of a Party or an affiliate of a Party) retained
`for the purpose of this litigation and approved to access such Protected Materials pursuant to
`paragraph 8(b)(iii) above. A Receiving Party may if necessary include excerpts of HIGHLY
`CONFIDENTIAL SOURCE CODE in a pleading, exhibit, expert report, discovery document,
`deposition transcript, other Court document, provided that any such documents are
`appropriately marked as containing HIGHLY CONFIDENTIAL SOURCE CODE under this
`Order, restricted to those who are entitled to have access to them as specified herein, and, if
`filed with the Court, filed under seal in accordance with the Court’s rules, procedures and
`orders;
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`(g) No electronic copies of HIGHLY CONFIDENTIAL SOURCE CODE shall
`be made without prior written consent of the Producing Party, except as necessary to create
`documents which, pursuant to the Court’s rules, procedures and order, must be filed or served
`electronically;
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`PROTECTIVE ORDER
`CASE NO. 2:18-CV-01732-RSM
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`(h) The Receiving Party shall be permitted to make a reasonable number of
`printouts and photocopies of Source Code Material, all of which shall be designated and clearly
`labeled “RESTRICTED CONFIDENTIAL SOURCE CODE,” and the Receiving Party shall
`maintain a log of all such files that are printed or photocopied. Requests for paper copies that
`exceed 50 consecutive pages, or that cumulatively exceed 500 pages, shall be presumed to be
`unreasonable, absent express permission of the Producing Party. However, if the Producing
`Party objects to a request that exceeds such limits, the parties may seek the assistance of the
`Court to determine whether the request is reasonable.
`(i) The Producing Party shall number, copy, and
`label “HIGHLY
`CONFIDENTIAL – SOURCE CODE” any pages requested by the Receiving Party. Within
`three (3) business days, the Producing Party shall either (i) provide one copy set of such pages
`to the Receiving Party, or (ii) inform the Requesting Party that it objects that the printed portions
`are excessive and/or not done for a permitted purpose. If, after meeting and conferring within
`one business day of any objections, the Producing Party and the Receiving Party cannot resolve
`the objection, the Producing Party shall within seven days of the meet and confer move the
`Court for a Protective Order and shall agree to expedited briefing of the motion, failing any of
`which, the Producing Party shall provide one copy set of the requested pages to the Receiving
`Party within two days.1 The printed pages shall constitute part of the Source Code produced by
`the Producing Party in the Case.
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`1 Both Parties agree that the briefing period and page-limits for such motions for a protective
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`order shall be as follow