Case 3:17-cv-05659-WHA Document 114-4 Filed 06/22/18 Page 1 of 3
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`Exhibit 3
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`Case 3:17-cv-05659-WHA Document 114-4 Filed 06/22/18 Page 2 of 3
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` Case 3:17-cv-01827-N Document 66 Filed 09/07/17 Page 12 of 27 PageID 470
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`Should such printouts or photocopies be transferred back to electronic media,
`such media shall be labeled “RESTRICTED CONFIDENTIAL SOURCE
`CODE” and shall continue to be treated as such;
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`If the receiving Party’s outside counsel or Experts obtain printouts or photocopies
`of Source Code, the receiving Party shall ensure that such outside counsel or
`Experts store and view the printouts or photocopies only in a secured locked area
`in the offices of such outside counsel or Expert. The receiving Party may also
`temporarily keep the printouts or photocopies at: (i) the Court for any
`proceedings(s) relating to the Source Code, for the dates associated with the
`proceeding(s); (ii) the sites where any deposition(s) relating to the Source Code
`are taken, for the dates associated with the deposition(s); and (iii) any
`intermediate location reasonably necessary to transport the printouts or
`photocopies (e.g., a hotel prior to a Court proceeding or deposition); and
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`(j)
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`(k)
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`(l)
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`A producing Party’s Source Code may only be transported by the receiving Party
`at the direction of a person authorized under paragraph 12(e) above to another
`person authorized under paragraph 12(e) above, on paper or removable electronic
`media (e.g., a DVD, CD-ROM, or flash memory “stick”) via hand carry, Federal
`Express or other similarly reliable courier. Source Code may not be transported
`or transmitted electronically over a network of any kind, including a LAN, an
`intranet, or the Internet. Source Code may only be transported electronically for
`the purpose of Court proceedings as set forth in paragraphs 12(e) and 12(k) above
`and is at all times subject to the transport restrictions set forth herein. But, for
`those purposes only, the Source Code may be loaded onto a stand-alone
`computer.
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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 RESTRICTED -- ATTORNEYS’ EYES ONLY and/or RESTRICTED
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`CONFIDENTIAL SOURCE CODE (collectively “HIGHLY SENSITIVE
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`MATERIAL”), who obtains, receives, has access to, or otherwise learns, in whole or in
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`part, the other Party’s HIGHLY SENSITIVE MATERIAL under this Order shall not
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`prepare, prosecute, supervise, or assist in the preparation or prosecution of any patent
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`application pertaining to the field of the invention of the patents-in-suit on behalf of the
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`receiving Party or its acquirer, successor, predecessor, or other affiliate during the
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`pendency of this Action and for two years after its conclusion, including any appeals. To
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`13.
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`12
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`Case 3:17-cv-05659-WHA Document 114-4 Filed 06/22/18 Page 3 of 3
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` Case 3:17-cv-01827-N Document 66 Filed 09/07/17 Page 13 of 27 PageID 471
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`ensure compliance with the purpose of this provision, each Party shall create an “Ethical
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`Wall” between those persons with access to HIGHLY SENSITIVE MATERIAL and any
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`individuals who, on behalf of the Party or its acquirer, successor, predecessor, or other
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`affiliate, prepare, prosecute, supervise or assist in the preparation or prosecution of any
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`patent application pertaining to the field of invention of the patent-in-suit. For the
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`avoidance of doubt, nothing in this provision shall preclude any person who obtains,
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`receives, has access to, or otherwise learns, in whole or in part, the other Party's HIGHLY
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`SENSITIVE MATERIAL from participating in any post-grant proceeding, except that
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`such persons may not directly or indirectly assist in drafting, amending or proposing for
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`substitution patent claims in any post-grant proceeding. Notwithstanding the above, and
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`solely after claim amendments are submitted in any such post-grant proceeding, any such
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`person may still, in submissions to and appearances at the proceeding, formulate reasons
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`and argue for patentability of such claim amendments (that he or she did not participate
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`in drafting).
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`14.
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`The production or disclosure of any information (including documents) in this Action that
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`a producing Party later claims should not have been produced due to a privilege or
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`protection from discovery, including but not limited to any attorney-client privilege, work
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`product privilege, joint defense privilege, or settlement privilege, shall not be deemed to
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`waive any such privilege or protection. A producing Party may request the return or
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`destruction of such information, which request shall identify the information and the
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`basis for requesting its return. If a receiving Party receives information that the receiving
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`Party believes may be subject to a claim of privilege or protection from discovery, the
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`receiving Party shall promptly identify the information to the producing Party. When a
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`13
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