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`UNITED STATES DISTRICT COURT
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`SOUTHERN DISTRICT OF CALIFORNIA
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`TACTION TECHNOLOGY, INC.,
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`v.
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`APPLE INC.,
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`Plaintiff,
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`Defendant.
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` Case No.: 21-cv-00812-GPC-JLB
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`ORDER:
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`(1) GRANTING JOINT MOTION
`FOR PROTECTIVE ORDER; AND
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`(2) ENTERING STIPULATED
`PROTECTIVE ORDER
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`[ECF No. 36]
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`Before the Court is the parties’ Joint Motion for Protective Order. (ECF No. 36.)
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`In their Joint Motion, the parties provide that they have stipulated to a Protective Order,
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`except for Paragraph 9(b)(ii), which contemplates whether in-house counsel may access
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`materials designated as “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” (“C-AEO”).
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`(Id. at 2.) The parties request that the Court “select between the parties’ competing
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`proposals.” (Id.) The Court declines to enter a Stipulated Protective Order that includes a
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`contested provision, as it would not be “stipulated,” and will rule on the parties’ dispute
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`concerning in-house counsels’ access to C-AEO materials under separate order.
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`///
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`21-cv-00812-GPC-JLB
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`Case 3:21-cv-00812-GPC-JLB Document 37 Filed 09/13/21 PageID.272 Page 2 of 29
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`Good cause appearing as to the parties’ agreed-upon provisions, the parties Joint
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`Motion (ECF No. 36) is GRANTED, and the Stipulated Protective Order is entered as
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`follows:
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`Plaintiff Taction Technology, Inc. (“Plaintiff”) and Defendant Apple Inc.
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`(“Defendant”) anticipate that documents, testimony, or information containing or
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`reflecting confidential, proprietary, trade secret, and/or commercially sensitive information
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`are likely to be disclosed or produced during the course of discovery, initial disclosures,
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`and supplemental disclosures in this case and request that the Court enter this Order setting
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`forth the conditions for treating, obtaining, and using such information.
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`Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, the Court finds good
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`cause for the following Agreed Protective Order Regarding the Disclosure and Use of
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`Discovery Materials (“Order” or “Protective Order”).
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`1.
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`PURPOSES AND LIMITATIONS
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`(a)
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`Protected Material designated under the terms of this Protective Order
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`shall be used by a Receiving Party solely for this case, and shall not be used directly or
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`indirectly for any other purpose whatsoever.
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`(b) The Parties acknowledge that this Order does not confer blanket
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`protections on all disclosures during discovery, or in the course of making initial or
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`supplemental disclosures under Rule 26(a). Designations under this Order shall be made
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`with care and shall not be made absent a good faith belief that the designated material
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`satisfies the criteria set forth below. If it comes to a Producing Party’s attention that
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`designated material does not qualify for protection at all, or does not qualify for the level
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`of protection initially asserted, the Producing Party must promptly notify all other Parties
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`that it is withdrawing or changing the designation.
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`2.
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`DEFINITIONS
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`(a)
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`“Discovery Material” means all items or information, including from
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`any non-party, regardless of the medium or manner generated, stored, or maintained
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`(including, among other things, testimony, transcripts, or tangible things) that are
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`produced, disclosed, or generated in connection with discovery or Rule 26(a) disclosures
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`in this case.
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`(b)
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`“Outside Counsel” means (i) outside counsel who appear on the
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`pleadings as counsel for a Party and (ii) partners, associates, and staff of such counsel to
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`whom it is reasonably necessary to disclose the information for this litigation.
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`(c)
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`“Patents-in-suit” means U.S. Patent Nos. 10,659,885 (“the ’885
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`patent”) and U.S. Patent No. 10,820,117 (“the ’117 patent”), and any other patent asserted
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`in this action, as well as any related patents, patent applications, provisional patent
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`applications, continuations, and/or divisionals.
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`(d)
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` “Party” means any party to this case, including all of its officers,
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`directors, employees, consultants, retained experts, and outside counsel and their support
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`staffs.
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`(e)
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`“Producing Party” means any Party or non-party that discloses or
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`produces any Discovery Material in this case.
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`(f)
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`“Protected Material” means any Discovery Material that is designated
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`as “CONFIDENTIAL,” “CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” or
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`“CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY – SOURCE CODE,” as
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`provided for in this Order. Protected Material shall not include: (i) advertising materials
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`that have been actually published or publicly disseminated; and (ii) materials that show on
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`their face they have been disseminated to the public.
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`(g)
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`“Receiving Party” means any Party who receives Discovery Material
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`(h)
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`“Source Code” means computer code, scripts, assembly, binaries,
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`object code, source code listings (e.g., file names and path structure), descriptions of source
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`code (e.g., descriptions of declarations, functions, and parameters), object code listings and
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`descriptions of object code, Hardware Description Language (HDL) or Register Transfer
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`Level (RTL) files that describe the hardware design of any ASIC or other chip, and
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`Computer Aided Design (CAD) files that describe the hardware design of any component.
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`3.
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`COMPUTATION OF TIME
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`The computation of any period of time prescribed or allowed by this Order
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`shall be governed by the provisions for computing time set forth in Federal Rules of Civil
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`Procedure 6.
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`4.
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`SCOPE
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`(a) The protections conferred by this Order cover not only Discovery
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`Material governed by this Order as addressed herein, but also any information copied or
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`extracted therefrom, as well as all copies, excerpts, summaries, or compilations thereof,
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`plus testimony, conversations, or presentations by Parties or their counsel in court or in
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`other settings that might reveal Protected Material.
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`(b) 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 nothing
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`in this Order shall preclude any Producing Party from showing its Protected Material to an
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`individual who prepared the Protected Material.
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`(c) Nothing in this Order shall be construed to prejudice any Party’s right
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`to use any Protected Material in court or in any court filing with the consent of the
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`Producing Party or by order of the Court.
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`(d) This Order is without prejudice to the right of any Party to seek further
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`or additional protection of any Discovery Material or to modify this Order in any way,
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`including, without limitation, an order that certain matter not be produced at all.
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`5.
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`DURATION
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`Even after the termination of this case, the confidentiality obligations imposed
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`by this Order shall remain in effect until a Producing Party agrees otherwise in writing or
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`a court order otherwise directs.
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`6.
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`ACCESS TO AND USE OF PROTECTED MATERIAL
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`(a) 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. Protected Material shall
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`///
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`21-cv-00812-GPC-JLB
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`not be distributed, disclosed or made available to anyone except as expressly provided in
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`this Order.
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`(b)
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`Patent Prosecution Bar. Absent the written consent of the Producing
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`Party, any person on behalf of the Plaintiff who receives one or more items designated
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`“CONFIDENTIAL – ATTORNEYS’ EYES ONLY” or “CONFIDENTIAL –
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`ATTORNEYS’ EYES ONLY – SOURCE CODE” by a Defendant shall not be involved,
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`directly or indirectly, in any of the following activities: (i) advising on, consulting on,
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`preparing, prosecuting, drafting, editing, and/or amending of patent applications,
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`specifications, claims, and/or responses to office actions for patents or patent applications
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`relating to haptics, before any foreign or domestic agency, including the United States
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`Patent and Trademark Office; and (ii) the acquisition of patents (including patent
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`applications), or the rights to any such patents or patent applications with the right to
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`sublicense, relating to haptics. These prohibitions are not intended to and shall not preclude
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`counsel from participating in proceedings challenging the validity of any patent, including
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`reexamination, inter partes review, covered business method review, and/or reissue
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`proceedings. These prohibitions shall begin when access to “CONFIDENTIAL –
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`ATTORNEYS’ EYES ONLY” or “CONFIDENTIAL – ATTORNEYS’ EYES ONLY –
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`SOURCE CODE” materials are first received by the affected individual, and shall end two
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`(2) years after the final resolution of this action, including all appeals.
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`(c)
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`Secure Storage, No Export. Protected Material must be stored and
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`maintained by a Receiving Party at a location in the United States and in a secure manner
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`that ensures that access is limited to the persons authorized under this Order. To ensure
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`compliance with applicable United States Export Administration Regulations, Protected
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`Material may not be exported outside the United States or released to any foreign national
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`(d) Legal Advice Based on Protected Material. Nothing in this Protective
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`Order shall be construed to prevent counsel from advising their clients with respect to this
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`///
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`21-cv-00812-GPC-JLB
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`case based in whole or in part upon Protected Materials, provided counsel does not disclose
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`the Protected Material itself except as provided in this Order.
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`(e) Limitations. Nothing in this Order shall restrict in any way a Producing
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`Party’s use or disclosure of its own Protected Material. Nothing in this Order shall restrict
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`in any way the use or disclosure of Discovery Material by a Receiving Party: (i) that is or
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`has become publicly known through no fault of the Receiving Party; (ii) that is lawfully
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`acquired by or known to the Receiving Party independent of the Producing Party; (iii)
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`previously produced, disclosed and/or provided by the Producing Party to the Receiving
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`Party or a non-party without an obligation of confidentiality and not by inadvertence or
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`mistake; (iv) with the consent of the Producing Party; or (v) pursuant to order of the Court.
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`7.
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`DESIGNATING PROTECTED MATERIAL
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`(a) Available Designations.
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` Any Producing Party may designate
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`Discovery Material with any of the following designations, provided that it meets the
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`requirements for such designations as provided for herein: “CONFIDENTIAL,”
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`“CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” or “CONFIDENTIAL – OUTSIDE
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`ATTORNEYS’ EYES ONLY – SOURCE CODE.”
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`(b) Written Discovery and Documents and Tangible Things. Written
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`discovery, documents (which include “electronically stored information,” as that phrase is
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`used in Federal Rule of Procedure 34), and tangible things that meet the requirements for
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`the confidentiality designations listed in Paragraph 7(a) may be so designated by placing
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`the appropriate designation on every page of the written material prior to production. For
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`digital files being produced, the Producing Party may mark each viewable page or image
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`with the 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 produced
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`for inspection, the original documents shall be presumed “CONFIDENTIAL –
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`ATTORNEYS’ EYES ONLY” during the inspection and re-designated, as appropriate
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`during the copying process.
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`///
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`21-cv-00812-GPC-JLB
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`(b) 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 for
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`protection under this Order by appending to the file names or designators information
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`indicating whether the file contains
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` “CONFIDENTIAL,” “CONFIDENTIAL –
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`ATTORNEYS’ EYES ONLY,” or “CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES
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`ONLY – SOURCE CODE,” material, or shall use any other reasonable method for so
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`designating Protected Materials produced in electronic format. When electronic files or
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`documents are printed for any use, 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 Designating
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`Party and including the production number and designation associated with the native file.
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`To the extent native files are used during the course of litigation, the Receiving Party agrees
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`not to alter such native files in any way without the consent of the Producing Party.
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`(c) Depositions and Testimony. Parties or testifying persons or entities
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`may designate depositions and other testimony with the appropriate designation by
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`indicating on the record at the time the testimony is given or by sending written notice of
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`how 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 to treat
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`the transcript as non-confidential, after which time, any Party that wants to maintain any
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`portion of the transcript as confidential must designate the confidential portions within
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`fourteen (14) days, or else the transcript may be treated as non-confidential. Any Protected
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`Material that is used in the taking of a deposition shall remain subject to the provisions of
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`this Protective Order, along with the transcript pages of the deposition testimony dealing
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`with such Protected Material. In such cases the court reporter shall be informed of this
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`Protective Order and shall be required to operate in a manner consistent with this Protective
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`Order. In the event the deposition is videotaped, the original and all copies of the videotape
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`shall be marked by the video technician to indicate that the contents of the videotape are
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`subject to this Protective Order, substantially along the lines of “This videotape contains
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`confidential testimony used in this case and is not to be viewed or the contents thereof
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`to be displayed or revealed except pursuant to the terms of the operative Protective
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`Order in this matter or pursuant to written stipulation of the parties.” Counsel for any
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`Producing Party shall have the right to exclude from oral depositions , other than the
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`deponent, deponent’s counsel, the reporter and videographer (if any), any person who
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`is not authorized by this Protective Order to receive or access Protected Material based
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`on the designation of such Protected Material. Such right of exclusion shall be
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`applicable only during periods of examination or testimony regarding such Protected
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`Material.
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`8.
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`DISCOVERY MATERIAL DESIGNATED AS “CONFIDENTIAL”
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`(a) A Producing Party may designate Discovery Material as
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`“CONFIDENTIAL”
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`if
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`it contains or reflects confidential, proprietary, and/or
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`commercially sensitive information. The Producing Party must also comply with the
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`provisions of Paragraph 22(a) below.
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`(b) Unless otherwise ordered by the Court, Discovery Material designated
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`as “CONFIDENTIAL” may be disclosed only to the following:
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`(i)
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`The Receiving Party’s Outside Counsel, such counsel’s
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`immediate paralegals and staff, and any copying or clerical litigation support services
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`working at the direction of such counsel, paralegals, and staff;
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`(ii) Not more than three (3) representatives of the Receiving Party
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`who are officers or employees of the Receiving Party, who may be, but need not be, in-
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`house counsel for the Receiving Party, as well as their immediate paralegals and staff, to
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`whom disclosure is reasonably necessary for this case, provided that: (a) each such person
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`has agreed to be bound by the provisions of the Protective Order by signing a copy of
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`Exhibit A; and (b) no unresolved objections to such disclosure exist after proper notice
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`has been given to all Parties as set forth in Paragraph 12 below;
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`(iii) Any outside expert or consultant retained by the Receiving Party
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`to assist in this action, provided that disclosure is only to the extent necessary to perform
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`such work; and provided that: (a) such expert or consultant has agreed to be bound by the
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`provisions of the Protective Order by signing a copy of Exhibit A; (b) such expert or
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`consultant is not a current officer, director, or employee of a Party, nor anticipated at the
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`time of retention to become an officer, director or employee of a Party; (c) such expert or
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`consultant accesses the materials in the United States only, and does not transport them to
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`or access them from any foreign jurisdiction; and (d) no unresolved objections to such
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`disclosure exist after proper notice has been given to all Parties as set forth in Paragraph
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`12 below;
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`(iv) Court reporters, stenographers and videographers retained to
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`record testimony taken in this action;
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`(v)
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`The Court, jury, and court personnel in the ordinary course of
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`court proceedings;
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`(vi) Graphics, translation, design, and/or trial consulting personnel,
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`having first agreed to be bound by the provisions of the Protective Order by signing a
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`copy of Exhibit A;
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`(vii) Mock jurors who have signed an undertaking or agreement
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`agreeing not to publicly disclose Protected Material and to keep any information
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`concerning Protected Material confidential;
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`(viii) Any mediator who is assigned to hear this matter, and his or her
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`staff, subject to their agreement to maintain confidentiality to the same degree as required
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`by this Protective Order; and
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`(ix) Any other person with the prior written consent of the Producing
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`Party.
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`///
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`9.
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`DISCOVERY MATERIAL DESIGNATED AS “CONFIDENTIAL
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`ATTORNEYS’ EYES ONLY”
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`(a) A Producing Party may designate Discovery Material as
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`“CONFIDENTIAL – ATTORNEYS’ EYES ONLY” if it contains or reflects information
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`that is extremely confidential and/or sensitive in nature and the Producing Party reasonably
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`believes that the disclosure of such Discovery Material is likely to cause economic harm
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`or significant competitive disadvantage to the Producing Party. The Producing Party must
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`also comply with the provisions of Paragraph 22(a) below. The Parties agree that the
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`following 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.
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`(b) Unless otherwise ordered by the Court, Discovery Material designated
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`as “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” may be disclosed only to:
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`(i)
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`The Receiving Party’s Outside Counsel and such Outside
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`Counsel’s immediate paralegals and staff, and any copying or clerical litigation support
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`services working at the direction of such counsel, paralegals, and staff;
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`(ii)
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`(Disclosure to in-house counsel established by separate Court
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`order);
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`(iii) Any outside expert or consultant retained by the Receiving Party
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`to assist in this action, provided that disclosure is only to the extent necessary to perform
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`such work; and provided that: (a) such expert or consultant has agreed to be bound by the
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`provisions of the Protective Order by signing a copy of Exhibit A; (b) such expert or
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`consultant is not a current officer, director, or employee of a Party, nor anticipated at the
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`time of retention to become an officer, director, or employee of a Party; (c) such expert
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`or consultant accesses the materials in the United States only, and does not transport them
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`21-cv-00812-GPC-JLB
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`

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`Case 3:21-cv-00812-GPC-JLB Document 37 Filed 09/13/21 PageID.281 Page 11 of 29
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`to or access them from any foreign jurisdiction; and (d) no unresolved objections to such
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`disclosure exist after proper notice has been given to all Parties as set forth in Paragraph
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`12 below;
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`(iv) Court reporters, stenographers and videographers retained to
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`record testimony taken in this action;
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`(v)
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`The Court, jury, and court personnel in the ordinary course of
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`court proceedings;
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`(vi) Graphics, translation, design, and/or trial consulting personnel,
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`having first agreed to be bound by the provisions of the Protective Order by signing a
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`copy of Exhibit A;
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`11
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`12
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`(vii) Any mediator who is assigned to hear this matter, and his or her
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`staff, subject to their agreement to maintain confidentiality to the same degree as required
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`13
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`by this Protective Order; and
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`Party.
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`(viii) Any other person with the prior written consent of the Producing
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`(c)
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`In addition, a Party may disclose arguments and materials derived from
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`Discovery Material designated as “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” to
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`mock jurors who have signed an undertaking or agreement agreeing not to publicly disclose
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`Protected Material and to keep any information concerning Protected Material confidential.
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`A Party may not disclose to mock jurors any original, as-produced materials or information
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`(including, for example, documents, deposition testimony, or interrogatory responses)
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`produced by another Party designated as “CONFIDENTIAL - ATTORNEYS’ EYES
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`ONLY.”
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`10. DISCOVERY MATERIAL DESIGNATED AS “CONFIDENTIAL –
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`OUTSIDE ATTORNEYS’ EYES ONLY - SOURCE CODE”
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`(a) To the extent production of Source Code becomes necessary to the
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`prosecution or defense of the case, a Producing Party may designate Source Code as
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`“CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY – SOURCE CODE” if it
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`11
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`21-cv-00812-GPC-JLB
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`

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`Case 3:21-cv-00812-GPC-JLB Document 37 Filed 09/13/21 PageID.282 Page 12 of 29
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`comprises or includes confidential, proprietary, and/or trade secret Source Code. The
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`Producing Party must also comply with the provisions of Paragraph 22(a) below.
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`(b) Nothing in this Order shall be construed as a representation or
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`admission that Source Code is properly discoverable in this action, or to obligate any Party
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`to produce any Source Code.
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`(c) Unless otherwise ordered by the Court, Discovery Material designated
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`as “CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY - SOURCE CODE”
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`shall be subject to the provisions set forth in Paragraph 11 below, and may be disclosed,
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`subject to Paragraph 11 below, solely to:
`
`(i)
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`The Receiving Party’s Outside Counsel and such Outside
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`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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`(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, nor anticipated at the
`
`time of retention to become an officer, director or employee of a Party; and (c) no
`
`unresolved objections to such disclosure exist after proper notice has been given to all
`
`Parties as set forth in Paragraph 12 below;
`
`(iii) Court reporters, stenographers and videographers retained to
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`22
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`record testimony taken in this action;
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`23
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`(iv)
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`The Court, jury, and court personnel in the ordinary course of
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`24
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`court proceedings;
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`25
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`26
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`(v) Any mediator who is assigned to hear this matter, and his or her
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`staff, subject to their agreement to maintain confidentiality to the same degree as required
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`27
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`by this Protective Order; and
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`28
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`///
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`12
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`21-cv-00812-GPC-JLB
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`

`

`Case 3:21-cv-00812-GPC-JLB Document 37 Filed 09/13/21 PageID.283 Page 13 of 29
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`
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`Party.
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`(vi) Any other person with the prior written consent of the Producing
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`11. DISCLOSURE AND REVIEW OF SOURCE CODE
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`(a) Any Source Code that is produced by Plaintiff shall be made available
`
`for inspection in electronic format at the Los Angeles office of its outside counsel, Quinn
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`Emanuel Urquhart & Sullivan, LLP, or any other location mutually agreed by the Parties.
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`Any Source Code that is produced by Apple Inc. will be made available for inspection in
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`electronic format at either the San Diego or Silicon Valley office of Fish & Richardson
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`P.C. Source Code will be made available for inspection between the hours of 8 a.m. and 6
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`p.m. on business days (i.e., weekdays that are not Federal holidays), although the Parties
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`will be reasonable in accommodating reasonable requests to conduct inspections at other
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`times.
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`(b)
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`Prior to the first inspection of any Source Code, the Receiving Party
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`shall provide fourteen (14) days notice of the inspection. In the case of Source Code
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`produced by Apple Inc., Plaintiff’s first notice of inspection shall designate the location
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`(either San Diego or Silicon Valley) that the Source Code will be made available for
`
`inspection at. For the remainder of the case, unless mutually agreed by the Parties, Source
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`Code produced by Apple Inc. will only be made available for inspection at the location
`
`designated in the first notice of inspection. The Receiving Party shall provide three (3)
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`business days notice prior to any additional inspections.
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`(c)
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`Source Code that is designated “CONFIDENTIAL – OUTSIDE
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`ATTORNEYS’ EYES ONLY – SOURCE CODE” shall be produced for inspection and
`
`review subject to the following provisions, unless otherwise agreed by the Producing Party:
`
`(i) All Source Code shall be made available by the Producing Party
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`to the Receiving Party’s outside counsel and/or experts in a secure room on a secured
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`computer without Internet access or network access to other computers and on which all
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`access ports have been disabled (except for one printer port), as necessary and appropriate
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`to prevent and protect against any unauthorized copying, transmission, removal or other
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`13
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`21-cv-00812-GPC-JLB
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`

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`Case 3:21-cv-00812-GPC-JLB Document 37 Filed 09/13/21 PageID.284 Page 14 of 29
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`transfer of any Source Code outside or away from the computer on which the Source Code
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`is provided for inspection (the “Source Code Computer” in the “Source Code Review
`
`Room”). The Producing Party shall install tools that are sufficient for viewing and
`
`searching the code produced, on the platform produced. The Receiving Party’s outside
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`counsel and/or experts may request that commercially available software tools be installed
`
`on the secured computer, provided, however, that the Receiving Party possesses an
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`appropriate license to such software tools and provides the Producing Party with the
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`information necessary to download such software tools (i.e., download links or a CD/DVD
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`containing the software tools). To the extent such a request is made, it will be done at least
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`fourteen (14) days in advance of the date upon which the Receiving Party wishes to have
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`the additional software tools available for use on the Source Code Computer. The parties
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`further agree that any such software tools will not be used to compile or alter the source
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`code in any way. To the extent the Producing Party objects to the requested installation of
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`any software tools, the Producing Party will notify the Receiving Party within seven (7)
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`days and the parties will meet and confer in good faith regarding the Producing Party’s
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`concerns.
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`(ii) No recordable media or recordable devices, including without
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`limitation sound recorders, computers, cellular telephones, peripheral equipment, cameras,
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`CDs, DVDs, or drives of any kind, shall be permitted into the Source Code Review Room,
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`with the exception of a single laptop computer, provided by the Producing Party, without
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`Internet access or network access to any other computer, which may be used by the
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`Receiving Party to take notes relating to the Source Code but may not copy the Source
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`Code into the notes. The Producing Party will not monitor the contents of any notes taken
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`using the single authorized laptop computer, except to the extent necessary under
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`Paragraph 11(c)(iv) below. The Receiving Party may attach a USB thumb drive to the
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`single authorized laptop computer for the sole purpose of copying notes.
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`(iii)
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`The Receiving Party’s outside counsel and/or experts shall be
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`entitled to take notes relating to the Source Code but may not copy the Source Code into
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`14
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`21-cv-00812-GPC-JLB
`
`

`

`Case 3:21-cv-00812-GPC-JLB Document 37 Filed 09/13/21 PageID.285 Page 15 of 29
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`the notes. The Receiving Party may take such notes on the single authorized laptop
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`computer.
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`(iv)
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`The Producing Party may visually monitor the activities of the
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`Receiving Party’s representatives during any Source Code review, but only to ensure
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`compliance with this Protective Order.
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`(v) No copies of all or any portion of the Source Code may leave
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`the room in which the Source Code is inspected except as otherwise provided in Paragraph
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`11. The Producing Party shall make available a laser printer with commercially reasonable
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`printing speeds for on-site printing during inspection of the Source Code. Any printed
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`portion that consists of more than ten (10) page

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