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`QUALCOMM INCORPORATED,
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`APPLE INCORPORATED,
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`UNITED STATES DISTRICT COURT
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`SOUTHERN DISTRICT OF CALIFORNIA
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`Plaintiff,
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`Case No. 3:17-CV-02403-CAB-MDD
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`[REDLINED] AMENDED
`PROTECTIVE ORDER GOVERNING
`CONFIDENTIAL MATERIAL
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`Judge: Hon. Cathy Ann Bencivengo
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`Defendant.
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`Magistrate Judge: Hon. Mitchell D. Dembin
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`AND RELATED COUNTERCLAIMS.
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`PROTECTIVE ORDER GOVERNING
`CONFIDENTIAL MATERIAL
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`Case No. 3:17-CV-02403-CAB-MDD
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`

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`Case 3:17-cv-02403-CAB-MDD Document 149-1 Filed 07/26/18 PageID.2167 Page 2 of 43
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`In order to expedite the flow of discovery material, facilitate the prompt
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`resolution of disputes over confidentiality, adequately protect confidential materials,
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`and ensure that protection is afforded only to material so entitled, and for good cause
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`shown, pursuant to Fed. R. Civ. P. 26(c), it is hereby ORDERED THAT:
`1.
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`PURPOSE AND LIMITATIONS
`1.1 Protected Material designated as “CONFIDENTIAL,” “HIGHLY
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`CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” or “HIGHLY CONFIDENTIAL
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`– OUTSIDE ATTORNEYS’ EYES ONLY – SOURCE CODE” under the terms of
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`this Protective Order shall be used by a Receiving Party solely for the above-captioned
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`cases and all related appeals, and shall not be used directly or indirectly for any other
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`purpose whatsoever, except as expressly provided for herein and/or agreed to by the
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`producing party.
`1.2 Nothing in this Protective Order shall be construed to require a
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`Producing Party to produce or disclose information not otherwise required to be
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`produced under the applicable rules or orders of the Court. Production or disclosure
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`of “CONFIDENTIAL,” “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
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`ONLY,” or “HIGHLY CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY
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`– SOURCE CODE” information under this Protective Order shall not prejudice the
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`right of any Producing Party making that production or disclosure to maintain the
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`trade secret status or confidentiality of that information in other contexts. Similarly,
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`no Producing Party waives any right to object on any ground to the admissibility of
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`any of the Discovery Material, or portion thereof, covered by this Protective Order.
`1.3 Disclosure and discovery activity in this Action is likely to involve
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`production of confidential, proprietary, or private information for which special
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`protection from public disclosure and from use for any purpose other than litigating
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`this Action may be warranted. Accordingly, the Parties hereby stipulate to and petition
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`the Court to enter this Protective Order. The Parties acknowledge that this Protective
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`Order does not confer blanket protections on all disclosures or responses to discovery
`PROTECTIVE ORDER GOVERNING
`Case No. 3:17-CV-02403-CAB-MDD
`CONFIDENTIAL MATERIAL
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`and that the protection it affords from public disclosure and use extends only to the
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`limited information or items that are entitled to confidential treatment under the
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`applicable legal principles.
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`2.
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`DEFINITIONS
`2.1 Action: Qualcomm Incorporated v. Apple Inc., Case No. 3:17-CV-
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`02403-CAB-MDD.
`2.2 Challenging Party: a Party or Non-Party that challenges the designation
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`of information or items under this Protective Order.
`2.3 Chip-Level Schematics: include electronic drawings and symbolic
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`representations that describe or depict digital or analog electrical or electronic circuits
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`within integrated circuit chips.
`2.4
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`“CONFIDENTIAL” Information or Items: information (regardless of
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`how it is generated, stored or maintained) or tangible things that qualify for protection
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`under Federal Rule of Civil Procedure 26(c). A Producing Party may designate any
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`Disclosure or Discovery Material as “CONFIDENTIAL” if it contains or reflects
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`confidential, proprietary, and/or commercially sensitive information.
`2.5 Counsel (without qualifier): Outside Counsel of Record and House
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`Counsel (as well as their legal support staff).
`2.6 Designating Party: a Party or Non-Party that designates information or
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`items
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`that
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`it produces
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`in disclosures or
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`in responses
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`to discovery as
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`“CONFIDENTIAL,” “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
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`ONLY,” or “HIGHLY CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY
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`– SOURCE CODE.”
`2.7 Disclosure or Discovery Material: all items or information, regardless
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`of the medium or manner in which it is generated, stored, or maintained (including,
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`among other things, testimony, transcripts, and tangible things), that are produced or
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`generated in disclosures or responses to discovery in this matter.
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`PROTECTIVE ORDER GOVERNING
`CONFIDENTIAL MATERIAL
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`2.8 Expert: a person with specialized knowledge or experience in a matter
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`pertinent to the litigation who has been retained by a Party or its Outside Counsel of
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`Record to serve as an expert witness or a litigation consultant in this Action (including
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`any necessary support personnel of such person to whom disclosure is reasonably
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`necessary for this litigation), and who is not a current employee of a Party or of a
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`competitor of a Party, and who, at the time of retention, is not anticipated to become
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`an employee of a Party or of a competitor of a Party.
`2.9
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`“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”
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`Information or Items: “Confidential Information or Items” that contain or reflect
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`information that is extremely confidential and/or sensitive in nature and the Producing
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`Party reasonably believes that the disclosure of such Discovery Material is likely to
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`cause economic harm or significant competitive disadvantage to the Producing Party.
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`The Parties agree that the following information, if non-public, shall be presumed to
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`merit the “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” designation:
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`trade secrets, pricing information, financial data, sales or marketing forecasts or plans,
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`business plans, sales or marketing strategy, product development information,
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`engineering documents, testing documents, employee information, and other non-
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`public information of similar competitive and business sensitivity.
`2.10 “HIGHLY CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES
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`ONLY – SOURCE CODE” Information or Items: extremely sensitive “Confidential
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`Information or Items” that include Source Code (as defined below) or Chip-Level
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`Schematics (as defined above), disclosure of which to another Party or Non-Party
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`would create a substantial risk of serious competitive harm that could not be avoided
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`by less restrictive means. Nothing in this Protective Order shall be construed as a
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`representation or admission that Source Code or Chip-Level Schematics are properly
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`discoverable in this Action, or to obligate any Party to produce any Source Code or
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`Chip-Level Schematics.
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`PROTECTIVE ORDER GOVERNING
`CONFIDENTIAL MATERIAL
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`2.11 House Counsel: attorneys who are employees in the legal department of
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`a Party in this Action and who have responsibility for managing this Action. House
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`Counsel does not include Outside Counsel of Record or any other outside counsel.
`2.12 Non-Party: any natural person, partnership, corporation, association, or
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`other legal entity not named as a Party to this Action.
`2.13 Outside Counsel of Record: attorneys who are not employees of a Party
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`to this Action but are retained to represent or advise a Party in connection with this
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`Action and have entered an appearance on behalf of that Party in this Action, as well
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`as other attorneys or support staff employed by the same firm as one of the attorneys
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`who has entered an appearance on behalf of one of the Parties in this Action, to whom
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`it is reasonably necessary to disclose the information for this Action.
`2.14 Party: any party to this Action, including all of its officers, directors,
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`employees, consultants, retained experts, and Outside Counsel of Record (and their
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`support staffs).
`2.15 Producing Party: a Party or Non-Party that produces Disclosure or
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`Discovery Material in this Action.
`2.16 Professional Vendors: persons or entities that provide litigation support
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`services (e.g., photocopying, videotaping, translating, preparing exhibits or
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`demonstrations, and organizing, storing, or retrieving data in any form or medium)
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`and their employees and subcontractors. For the avoidance of doubt, Professional
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`Vendors does not include professional jury or trial consultants or mock jurors.
`2.17 Protected Material: any Disclosure or Discovery Material that is
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`designated as “CONFIDENTIAL,” “HIGHLY CONFIDENTIAL – ATTORNEYS’
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`EYES ONLY”, or as “HIGHLY CONFIDENTIAL – OUTSIDE ATTORNEYS’
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`EYES ONLY – SOURCE CODE”, as provided for in this Protective Order.
`2.18 Receiving Party: a Party that receives Disclosure or Discovery Material
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`from a Producing Party.
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`PROTECTIVE ORDER GOVERNING
`CONFIDENTIAL MATERIAL
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`2.19 Relevant Technology: technology related to (a) a user interface for
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`displaying applications running on a computer system; (b) a user interface for digital
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`camera focusing with corresponding flash; (c) gesture and touch sensitivity
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`recognition; (d) multi-function power button technology; and/or (e) a user interface
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`for responding to telephone calls with messages.
`2.20 Source Code: includes human-readable programming language text that
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`defines software, firmware, (collectively, “software Source Code”) and integrated
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`circuits (“hardware Source Code”). Text files containing Source Code shall
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`hereinafter be referred to as “Source Code files.” Software Source Code files shall
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`include, but are not limited to, files containing Source Code in “C,” “C++,” BREW,
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`Java ME, J2ME, assembler, digital signal processor (DSP) programming languages,
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`and other human readable text programming languages. Software Source Code files
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`further include “.include files,” “make” files, “link” files, and other human-readable
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`text files used in the generation and/or building of software directly executed on a
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`microprocessor, micro-controller, or DSP. Hardware Source Code files include, but
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`are not limited to, files containing Source Code in VDHL, Verilog, and other
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`Hardware Description Language (“HDL”) formats, including but not limited to,
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`Register Transfer Level (“RTL”) descriptions.
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`3.
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`SCOPE
`3.1 The protections conferred by this Protective Order cover not only
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`Protected Material (as defined above), but also (1) any information copied or extracted
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`from Protected Material; (2) all copies, excerpts, summaries, derivations or
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`compilations of Protected Material; and (3) any testimony, conversations, or
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`presentations by Parties or their Counsel that might reveal Protected Material.
`3.2 Nothing in this Protective Order shall prevent or restrict a Producing
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`Party’s own disclosure or use of its own Protected Material for any purpose, and
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`nothing in this Protective Order shall preclude any Producing Party from showing its
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`own Protected Material to an individual who prepared the Protected Material.
`PROTECTIVE ORDER GOVERNING
`Case No. 3:17-CV-02403-CAB-MDD
`5
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`Notwithstanding the foregoing, a Producing Party may not disclose its own Protected
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`Material to the extent such Protected Material is also the Protected Material of any
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`other party (e.g., settlement discussions and agreements containing confidentiality
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`obligations), without the prior written consent of such other party, unless compelled
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`to do so by a Court of competent jurisdiction.
`3.3 Nothing in this Protective Order shall restrict in any way the use or
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`disclosure of Discovery Material by a Receiving Party that is: (i) in the public domain
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`at the time of disclosure to a Receiving Party or becomes part of the public domain
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`after its disclosure to a Receiving Party as a result of publication not involving a
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`violation of this Protective Order, including becoming part of the public record
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`through trial or otherwise; (ii) known to the Receiving Party prior to the disclosure or
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`obtained by the Receiving Party after the disclosure from a source who obtained the
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`information lawfully and under no obligation of confidentiality to the Designating
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`Party; (iii) previously produced, disclosed and/or provided by the Designating Party
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`to the Receiving Party or a non-party without an obligation of confidentiality and not
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`by inadvertence or mistake; (iv) with the consent of the Designating Party; or (v)
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`pursuant to order of the Court.
`3.4 Nothing in this Protective Order shall restrict a Producing Party’s use or
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`disclosure of Discovery Material it produces that is designated as Protected Material
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`by another Party or Non-Party, if it was previously disclosed, produced, or provided
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`by the Designating Party to the Producing Party.
`3.5 Nothing in this Protective Order shall be construed to preclude any
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`Party’s right to file any Protected Material with the Court under seal, subject to the
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`procedures set forth in Judge Bencivengo’s Chambers Rules, Section V, updated
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`January 23, 2018. This Protective Order is without prejudice to the right of any Party
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`to seek further or additional protection of any Discovery Material or to modify this
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`Protective Order in any way, including, without limitation, an order that certain matter
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`not be produced at all.
`PROTECTIVE ORDER GOVERNING
`CONFIDENTIAL MATERIAL
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`4.
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`DURATION
`4.1 Even after final disposition of the Action, the confidentiality obligations
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`imposed by this Protective Order shall remain in effect until a Designating Party
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`agrees otherwise in writing, a court order otherwise directs, or that information
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`otherwise becomes public. Final disposition occurs after an order, mandate, or
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`dismissal finally terminating the above-captioned Action with prejudice, including all
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`appeals.
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`5.
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`DESIGNATING PROTECTED MATERIAL
`5.1 Exercise of Restraint and Care in Designating Material for Protection.
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`Each Party or Non-Party that designates Discovery Materials for protection under this
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`Protective Order must take care to limit any such designation to specific material that
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`qualifies under the appropriate standards.
`5.2 Mass, indiscriminate, or routinized designations are prohibited except as
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`provided specifically in this order or any federal statute or regulation.
`5.3
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`If it comes to a Designating Party’s attention that information or items
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`that it designated for protection do not qualify for protection at all or do not qualify
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`for the level of protection initially asserted, that Designating Party must promptly
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`notify all other parties that it is withdrawing the mistaken designation.
`5.4 Manner and Timing of Designations. Any Producing Party may
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`designate Discovery Material with any of the following designations, provided that it
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`meets
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`the
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`requirements
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`for such designations as provided
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`for herein:
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`“CONFIDENTIAL,” “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
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`ONLY,” or “HIGHLY CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY
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`– SOURCE CODE.” Except as otherwise provided in this Protective Order (see, e.g.,
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`Section 5.5), or as otherwise stipulated or ordered, Disclosure or Discovery Material
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`that qualifies for protection under this Protective Order must be clearly so designated
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`before the material is disclosed or produced. Designation in conformity with this
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`Protective Order requires:
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`PROTECTIVE ORDER GOVERNING
`CONFIDENTIAL MATERIAL
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`(a)
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`For information in documentary form (e.g., paper or
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`electronically stored information (“ESI”), but excluding transcripts of
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`depositions or other pretrial or trial proceedings), that the Producing
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`Party
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`affix
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`the
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`legend
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`“CONFIDENTIAL,”
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`“HIGHLY
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`CONFIDENTIAL – ATTORNEYS’ EYES ONLY” or “HIGHLY
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`CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY –
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`SOURCE CODE” to each page that contains protected material and also,
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`for ESI, in the metadata field assigned to indicate the confidentiality
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`designation.1
`(b) A Party or Non-Party that makes original documents or
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`materials available for inspection need not designate them for protection
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`until after the inspecting Party has indicated which material it would like
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`copied and produced. During the inspection and before the designation,
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`all of the material made available for inspection shall be deemed
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`“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” or, in the
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`case of Source Code or Chip-Level Schematics, “HIGHLY
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`CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY –
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`SOURCE CODE.” After the inspecting Party has identified the
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`documents it wants copied and produced, the Producing Party must
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`determine which documents qualify for protection under this Protective
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`Order. Then, before producing the specified documents, the Producing
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`Party must affix the appropriate legend (“CONFIDENTIAL,” “HIGHLY
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`CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” or “HIGHLY
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`CONFIDENTIAL -– OUTSIDE ATTORNEYS’ EYES ONLY –
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`SOURCE CODE”) as set forth in the preceding paragraph.
`(c)
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`For electronic files and documents produced in native
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`1 This section does not require the Producing Party to produce its Source Code in any particular
`documentary or ESI format. The production of Source Code is governed by Section 8 below.
`PROTECTIVE ORDER GOVERNING
`Case No. 3:17-CV-02403-CAB-MDD
`8
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`electronic format, that the Producing Party append to the file names or
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`designators
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`information
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`indicating whether
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`the
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`files contains
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`“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’
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`EYES ONLY” material, or shall use any other reasonable method for so
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`designating Protected Materials produced in electronic format. When
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`electronic files or documents are printed for use at deposition, in a court
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`proceeding, or for provision in printed form to an Expert, the party
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`printing the electronic files or documents shall affix a legend to the
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`printed document corresponding to the designation of the Designating
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`Party and including the production number and designation associated
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`with the native file.
`(d)
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`For testimony given in deposition or in other pretrial or trial
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`proceedings, that the Designating Party identify, either verbally on the
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`record or in a writing served on all Parties and the court reporter within
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`14 days after the close of the deposition, hearing, or other proceeding, all
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`protected testimony and specify the level of protection being asserted.
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`Only those portions of the testimony that are appropriately designated
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`for protection shall be covered by the provisions of this Protective Order.
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`If no indication on the record is made, all information disclosed during a
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`deposition
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`shall be deemed “HIGHLY CONFIDENTIAL –
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`ATTORNEYS’ EYES ONLY” in its entirety unless otherwise agreed,
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`until the time within which it may be appropriately designated as
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`provided for herein has passed. Any Party that wishes to disclose the
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`transcript that has been deemed “HIGHLY CONFIDENTIAL –
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`ATTORNEYS’ EYES ONLY” as a result of no designation having been
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`made on the record at the time the testimony was given, or information
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`contained therein, may provide written notice of its intent to treat the
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`transcript as non-confidential, after which time, any Party that wants to
`PROTECTIVE ORDER GOVERNING
`Case No. 3:17-CV-02403-CAB-MDD
`CONFIDENTIAL MATERIAL
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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
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`be treated as non-confidential. Pages of transcribed deposition testimony
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`or exhibits to depositions that reveal Protected Material must be
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`separately bound by the court reporter and may not be disclosed to
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`anyone except as permitted under this Protective Order.
`(e) Each Party shall give the other Party notice if it reasonably
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`expects a deposition, hearing or other proceeding to include Protected
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`Material so that the other Party can ensure that only authorized
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`individuals are present at those proceedings. The use of a document as
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`an exhibit at a deposition shall not in any way affect its designation as
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`“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’
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`EYES ONLY” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
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`ONLY – SOURCE CODE.”
`(f)
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`Transcripts containing Protected Material shall have an
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`obvious legend on the title page that the transcript contains Protected
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`Material, and the title page shall be followed by a list of all pages
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`(including line numbers as appropriate) that have been designated as
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`Protected Material and the level of protection being asserted by the
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`Designating Party. The Designating Party shall inform the court reporter
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`of these requirements.
`(g)
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`In the event the video of a deposition is recorded, the
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`original and all copies of the recording shall be marked by the video
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`technician to indicate that the contents of the recording are subject to this
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`Protective Order, substantially along the lines of “This recording
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`contains confidential testimony used in this case and is not to be viewed
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`or the contents thereof to be displayed or revealed except pursuant to the
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`terms of the operative Protective Order in this matter or pursuant to
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`written stipulation of the Parties.”
`(h) Counsel for any Producing Party shall have the right to
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`exclude from oral depositions, other than the deponent, deponent’s
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`counsel, Outside Counsel of Record for other Parties, the reporter and
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`videographer (if any), any person who is not authorized by this
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`Protective Order to receive or access Protected Material based on the
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`designation of such Protected Material. Such right of exclusion shall be
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`applicable only during periods of examination or testimony regarding
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`such Protected Material.
`(i)
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`For all other information or tangible items, that the
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`Producing Party affix in a prominent place on the exterior of the
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`container or containers in which the information or item is stored the
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`label
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`“CONFIDENTIAL,”
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`“HIGHLY CONFIDENTIAL
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`–
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`ATTORNEYS’ EYES ONLY,” or “HIGHLY CONFIDENTIAL –
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`OUTSIDE ATTORNEYS’ EYES ONLY – SOURCE CODE.”
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`5.5
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`Inadvertent Failures to Designate. If timely corrected, an inadvertent
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`failure to designate qualified information or items does not, standing alone, waive the
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`Designating Party’s right to secure protection under this Protective Order for such
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`material. Upon timely correction of a designation, the Receiving Party must make
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`reasonable efforts to assure that the material is treated in accordance with the
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`provisions of this Protective Order. Following a correction of a designation, the
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`Producing Party shall provide re-labeled copies of the information or items to each
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`Receiving Party reflecting the change in designation.
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`6.
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`CHALLENGING CONFIDENTIALITY DESIGNATIONS
`6.1 Timing of Challenges. Any Party or Non-Party may challenge a
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`designation of confidentiality at any time. Unless a prompt challenge to a Designating
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`Party’s confidentiality designation is necessary to avoid foreseeable, substantial
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`unfairness, unnecessary economic burdens, or a significant disruption or delay of the
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`Case No. 3:17-CV-02403-CAB-MDD
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`litigation, a Party does not waive its right to challenge a confidentiality designation
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`by electing not to mount a challenge promptly after the original designation is
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`disclosed.
`6.2 Meet and Confer. The Challenging Party shall initiate the dispute
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`resolution process by providing written notice of each designation it is challenging
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`and describing the basis for each challenge. To avoid ambiguity as to whether a
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`challenge has been made, the written notice must recite that the challenge to
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`confidentiality is being made in accordance with this specific section of the Protective
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`Order. The parties shall attempt to resolve each challenge in good faith and must begin
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`the process by conferring directly (in voice-to-voice dialogue; other forms of
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`communication are not sufficient) within fourteen (14) days of the date of service of
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`notice. In conferring, the Challenging Party must explain the basis for its belief that
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`the confidentiality designation was not proper and must give the Designating Party an
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`opportunity to review the designated material, to reconsider the circumstances, and,
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`if no change in designation is offered, to explain the basis for the chosen designation.
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`A Challenging Party may proceed to the next stage of the challenge process only if it
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`has engaged in this meet and confer process first or establishes that the Designating
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`Party is unwilling to participate in the meet and confer process in a timely manner.
`6.3
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`Judicial Intervention. In the event of a dispute over a confidentiality
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`designation under this Protective Order, a Challenging Party may file a motion
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`challenging a confidentiality designation at any time if there is good cause for doing
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`so, including a challenge to the designation of a deposition transcript or any portions
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`thereof. Any motion brought by a Challenging Party pursuant to this provision must
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`be accompanied by a competent declaration affirming that the movant has complied
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`with the meet and confer requirements imposed by the preceding section (Section
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`6.2).
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`6.4 The burden of persuasion in any challenge proceeding shall be on the
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`Designating Party. Unless the Designating Party has waived the confidentiality
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`Case No. 3:17-CV-02403-CAB-MDD
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`designation by failing to file a response to a motion to challenge confidentiality as
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`described above, all parties shall continue to afford the material in question the level
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`of protection to which it is entitled under the Producing Party’s designation until the
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`Court rules on the challenge.
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`7.
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`ACCESS TO AND USE OF PROTECTED MATERIAL
`7.1 Basic Principles. All Protected Material shall be used solely for this case
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`or any related appellate proceeding, and not for any other purpose whatsoever,
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`including without limitation any other litigation, patent prosecution or acquisition,
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`patent reexamination or reissue proceedings, or any business or competitive purpose
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`or function. Protected Material shall not be distributed, disclosed or made available
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`to anyone except as expressly provided in this Protective Order or another Order of
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`this Court. When the litigation has been terminated, a Receiving Party must comply
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`with the provisions of Sections 4.1, 14.5 and 15.1 herein. Nothing herein shall prevent
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`the Parties from entering into an agreement for the cross-use and/or coordination of
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`discovery materials in this Action and any other action.
`7.2 Patent Prosecution Bar. Absent the written consent of the Producing
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`Party, any person who receives access to “HIGHLY CONFIDENTIAL –
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`ATTORNEYS’ EYES ONLY” or “HIGHLY CONFIDENTIAL – ATTORNEYS’
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`EYES ONLY – SOURCE CODE” information shall not be involved, directly or
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`indirectly, in any of the following activities: (i) advising on, consulting on, preparing,
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`prosecuting, drafting, editing, and/or amending of patent applications, specifications,
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`claims, and/or responses to office actions, or otherwise affecting the scope of claims
`
`in patents or patent applications relating to Relevant Technology, before any foreign
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`or domestic agency, including the United States Patent and Trademark Office; and (ii)
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`the acquisition of patents (including patent applications), or the rights to any such
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`patents or patent applications with the right to sublicense, relating to Relevant
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`Technology. These prohibitions are not intended to and shall not (i) preclude Counsel
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`from participating in proceedings on behalf of a Party challenging the validity of any
`PROTECTIVE ORDER GOVERNING
`Case No. 3:17-CV-02403-CAB-MDD
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`patent or on behalf of a Party responding to a challenge to the validity of a patent, or
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`(ii) preclude Counsel from participating directly or indirectly in reexamination, inter
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`partes review, covered business method review, or reissue proceedings on behalf of a
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`patentee. These prohibitions shall begin when the affected individual first receives
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`access to “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” or
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`“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY – SOURCE CODE”
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`materials until two (2) years after the date the affected individual ceases to have access
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`to the materials.
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`(a) Development Bar. Absent the written consent of the
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`Producing Party, any Outside Counsel of Record or Expert who receives
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`access to “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” or
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`“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY – SOURCE
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`CODE” information shall not be involved in performing hardware or software
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`development work or product development work directly or indirectly
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`intended for commercial purposes relating to Relevant Technology. These
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`prohibitions shall begin when the affected individual first has access to
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`“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” or “HIGHLY
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`CONFIDENTIAL – ATTORNEYS’ EYES ONLY – SOURCE CODE”
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`materials until two (2) years after the date the affected individual ceases to
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`have access to the materials.
`7.3 Secure Storage, No Export. The Parties acknowledge that certain
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`Protected Material may be subject to U.S. government export control and economic
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`sanctions laws. To the extent required by such regulations or laws, including the U.S.
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`Export Administration Regulations, Protected Material must be stored and maintained
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`by a Receiving Party at a location in the United States and in a secure manner that
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`ensures