Case 1:14-cv-01432-LPS Document 283-2 Filed 06/15/20 Page 1 of 39 PageID #: 17081
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`EXHIBIT A
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`I.
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`DEFINITIONS
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`The following definitions are applicable to terms employed in this Notice:
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`1.
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`“Patent-at-Issue” and “Patents-at-Issue” shall mean United States Patent Nos.
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`7,193,239; 7,474,004; 7,504,732; 8,035,233; 8,410,617; 8,629,542; 8,653,672; 8,791,581;
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`8,796,862; 8,841,778; 8,907,499; 8,928,119; and 8,933,570.
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`2.
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`“Related Patent” and “Related Patents” shall include, whether or not abandoned
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`and whether or not issued, (a) any patent or patent application that claims priority to the Patents-
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`at-Issue, (b) any patent or patent application that claims priority from any patent or patent
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`application to which the Patents-at-Issue claims priority, (c) any patent or patent application on
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`which the Patents-at-Issue depends for priority, (d) any patent or patent application identified in
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`the Related U.S. Application Data for the Patents-at-Issue, (e) any patent or patent application that
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`claims priority from any patent or patent application identified in the Related U.S. Application
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`Data for any of the Patents-at-Issue, (f) any reissue or reexamination of any of the aforementioned
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`patents or patent applications, and (g) any foreign counterpart patent or foreign counterpart
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`application of any of the aforementioned patents or patent applications (a foreign counterpart
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`patent and foreign counterpart application shall include any foreign patent or foreign patent
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`application in which a claim for priority has been made in either a U.S. application or a foreign
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`application based on the other, or that the disclosures of the U.S. and foreign patent applications
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`are substantively identical).
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`3.
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`“Prior Owner” and “Prior Owners” shall mean all of the persons and entities with
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`a prior ownership or financial interest in any of the Patents-at-Issue or Related Patents.
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`4.
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`“You” shall mean Ron Epstein and any person or entity acting or purporting to act
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`on his behalf.
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`5.
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`The term “Epicenter” shall mean and include Epicenter IP Group LLC and all
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`related entities, parents, subsidiaries (either wholly or partly-owned) or divisions, any entity under
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`its control, any proprietorship, joint venture, partnership or other business cooperation in which it
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`Case 1:14-cv-01432-LPS Document 283-2 Filed 06/15/20 Page 2 of 39 PageID #: 17082
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`is involved, and any predecessor or successor entities and any of its officers, directors, agents,
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`attorneys, consultants, employees, and any other persons acting, or purporting to act for or on its
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`behalf.
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`6.
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`The terms “Defendants” refer to SK hynix Inc., SK hynix America Inc., Hynix
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`Semiconductor Manufacturing America Inc., and SK hynix Memory Solutions Inc. (collectively,
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`“SK hynix”); Micron Technology, Inc., Micron Semiconductor Products, Inc., and Micron
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`Consumer Products Group, Inc. (collectively, “Micron”); Samsung Electronics Co., Ltd., Samsung
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`Semiconductor, Inc., Samsung Electronics America, Inc., and Samsung Austin Semiconductor,
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`LLC (collectively, “Samsung”) and their officers, directors, employees, agents, representatives,
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`attorneys, affiliates, successors, and assigns, and to persons and entities acting or purporting, to
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`act on behalf of SK hynix, Micron, or Samsung.
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`7.
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`The terms “Elm” and “Elm 3DS” refer to Elm 3DS Innovations LLC and its
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`employees, agents, representatives, attorneys, affiliates, predecessors, successors, and assigns, and
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`to persons and entities acting or purporting to act on behalf of Elm 3DS Innovations LLC,
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`including, but not limited to Glenn J. Leedy.
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`8.
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`The term “person,” unless otherwise specified, means any natural person, firm,
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`partnership, association, corporation, business, proprietorship, government or quasi-governmental
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`body, agency or commission, or any other organization or entity.
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`9.
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`The term “Tezzaron” shall mean and include Tezzaron Semiconductor Corporation,
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`Tachyon Semiconductor Corporation and all related entities, parents, subsidiaries (either wholly
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`or partly owned) or divisions, any entity under its control, any proprietorship, joint venture,
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`partnership or other business cooperation in which it is involved, and any predecessor or successor
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`entities and any of its officers, directors, agents, attorneys, consultants, employees, and any other
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`persons acting, or purporting to act for or on its behalf.
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`10.
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`The term “document” and its plural shall refer to anything that would be a “writing”
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`or “recording” as defined in Rule 1001 of the Federal Rules of Evidence, or a “document,” as
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`defined in Rule 34 of the Federal Rules of Civil Procedure, and refers to all handwritten, typed,
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`Case 1:14-cv-01432-LPS Document 283-2 Filed 06/15/20 Page 3 of 39 PageID #: 17083
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`printed, electronic, or otherwise visually or aurally reproduced materials, and all originals and
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`copies that contain any notes, handwriting, underscoring, deletions, or that in any way otherwise
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`differ from the original thereof. Such documents include but are not limited to: (1) all the written,
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`printed, recorded, graphic, or sound reproductions, however produced, including but not limited
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`to correspondence, memoranda, notes, telegrams, notebooks, diaries, desk calendars, charts,
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`photographs, and records of any kind; (2) all computer-readable data compilations, including but
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`not limited to tapes, diskettes, cards, cassettes; electronic mail, and all other electronic or
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`mechanical devices, which contain information stored in mainframe and personal computers or
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`devices (such as PDAs/cell phones) or accessible “online”; (3) all originals, drafts, and copies that
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`differ in any respect from the original, all marginal comments that appear on such documents, all
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`transcripts or recordings of such documents, and all attachments, enclosures, or documents affixed
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`or referred to in such documents.
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`11.
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`The terms “relating,” “related” or “relates” shall mean concerning, referring,
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`describing, evidencing, or constituting the referenced subject matter, to the extent that such
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`material is reasonably calculated to lead to the discovery of admissible evidence.
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`12.
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`The words “and,” “or,” and “and/or” shall be construed conjunctively or
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`disjunctively, whichever maximizes the scope of each discovery request in which they are used.
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`II.
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`INSTRUCTIONS
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`1.
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`You are to search all documents within your possession, custody, or control,
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`wherever located, including but not limited to any documents placed in storage facilities or in the
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`possession of any employee, agent, representative, attorney, investigator, or other person acting or
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`purporting to act on your behalf, in order to fully respond to the requests herein.
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`2.
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`If you do not produce each document or thing requested herein as they are kept in
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`the usual course of business, you must organize and label the documents or things produced to
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`correspond with the particular document request to which the document or thing is responsive.
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`3.
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`You are to produce all documents that are responsive, in whole or in part, to any of
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`the requests herein in full, without abridgement or abbreviation. If any such documents cannot be
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`produced in full, produce the document to the extent possible and indicate in your written response
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`what portion of the document is not produced and why it could not be produced.
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`4.
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`If any of the documents requested herein are no longer in your possession, custody,
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`or control, you are requested to identify each such requested document by date, type of document,
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`person(s) from whom sent, person(s) to whom sent, and person(s) receiving copies, and to provide
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`a summary of its pertinent contents.
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`5.
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`If any document responsive to these requests has been destroyed, describe the
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`content of such document, the location of any copies of such document, the date of such destruction
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`and the name of the person who ordered or authorized such destruction.
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`6.
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`If the production of any documents responsive to these requests is objected to on
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`the ground of privilege or work product, or for any other reason, with respect to each such
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`document state:
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`a.
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`the date appearing on such document, or if no date appears, the date on
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`which such document was prepared;
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`b.
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`c.
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`the name of each person to whom such document was addressed;
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`the name of each person, other than the addressee(s) identified in
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`subparagraph (b) above, to whom such document or copy thereof was sent,
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`or with whom such document was discussed;
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`d.
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`the name of each person who signed such document or, if not signed, the
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`name of each person who prepared it;
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`e.
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`the name of each person making any contribution to the authorship of such
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`document;
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`f.
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`the job title or position of each person identified in subparagraph (b), (c),
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`(d), and (e) above;
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`g.
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`the date such document was received or discussed by each person identified
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`in subparagraphs (b) or (c) above;
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`h.
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`the general nature or description of such document and its number of pages;
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`Case 1:14-cv-01432-LPS Document 283-2 Filed 06/15/20 Page 5 of 39 PageID #: 17085
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`and
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`i.
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`the specific ground(s) upon which the privilege or work product rests.
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`Case 1:14-cv-01432-LPS Document 283-2 Filed 06/15/20 Page 6 of 39 PageID #: 17086
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`III. DOCUMENTS TO BE PROVIDED PURSUANT TO FED. R. CIV. P. 45
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`REQUEST FOR PRODUCTION NO. 1:
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`All communications between You and any of Glenn Leedy, Michael Ure, Steve Knauer, or
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`Elm.
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`REQUEST FOR PRODUCTION NO. 2:
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`All communications between ASIC Designs Inc., Tachyon, and/or Tezzaron and anyone,
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`including without limitation any of You, Glenn Leedy, Elm, or any Prior Owner.
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`REQUEST FOR PRODUCTION NO. 3:
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`All communications between You and Epicenter IP Group LLC concerning the Patents-at-
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`Issue, Related Patents, or any other patent or patent application with Glenn Leedy as a named
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`inventor.
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`REQUEST FOR PRODUCTION NO. 4:
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`All communications between You and IPotential LLC concerning the Patents-at-Issue,
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`Related Patents, or any other patent or patent application with Glenn Leedy as a named inventor.
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`REQUEST FOR PRODUCTION NO. 5:
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`All documents and communications related to valuation, monetization, licensing, existing
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`licenses, attempts to license, attempts to sell or assign patent rights, enforcement, or patent
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`enforceability analysis related to the Patents-at-Issue, Related Patents, or any other patent or patent
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`application with Glenn Leedy as a named inventor.
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`REQUEST FOR PRODUCTION NO. 6:
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`All documents and communications related to any attempt to implement, any attempt to
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`prototype, or any attempt to commercialize the disclosed or claimed subject matter of the Patents-
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`at-Issue, Related Patents, or any other patent or patent application with Glenn Leedy as a named
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`inventor.
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`REQUEST FOR PRODUCTION NO. 7:
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`All agreements, contracts, or licenses between You and Glenn Leedy or Elm.
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`REQUEST FOR PRODUCTION NO. 8:
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`All agreements, contracts, or licenses related to Patents-at-Issue, Related Patents, or any
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`other patent or patent application with Glenn Leedy as a named inventor.
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`REQUEST FOR PRODUCTION NO. 9:
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`All documents received by You from Glenn Leedy or Elm.
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`REQUEST FOR PRODUCTION NO. 10:
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`All documents concerning any current and/or former ownership interest, any claim of
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`ownership interest, any financial interest, or any claim of financial interest to the Patents-at-Issue
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`by any person, including all documents concerning any financial interest or any claim of financial
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`interest in revenue deriving from any existing, future, or potential license of any of the Patents-at-
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`Issue.
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`REQUEST FOR PRODUCTION NO. 11:
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`All documents related to any potential or actual acquisition of any of the Patents-at-Issue
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`or Related Patents, or to any potential or actual acquisition of any ownership or financial interest
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`in any of the Patents-at-Issue or Related Patents, at any time by any person, including without
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`limitation such acquisition by Elm and such acquisition by any Prior Owner.
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`REQUEST FOR PRODUCTION NO. 12:
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`All documents related to litigation in Elm Technology Corp. v. Tachyon Semiconductor
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`Corp., Case No. CV810754 (Superior Court of the State of California, County of Santa Clara).
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`REQUEST FOR PRODUCTION NO. 13:
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`All communications between You and Steve Knauer or Michael Ure.
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`REQUEST FOR PRODUCTION NO. 14:
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`All documents received by You from Steve Knauer or Michael Ure.
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`REQUEST FOR PRODUCTION NO. 15:
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`Transcripts of all proceedings, including trial and deposition transcripts, in which You
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`appeared or testified.
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`Case 1:14-cv-01432-LPS Document 283-2 Filed 06/15/20 Page 8 of 39 PageID #: 17088
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`REQUEST FOR PRODUCTION NO. 16:
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`Expert reports and declarations You submitted in any proceeding.
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`REQUEST FOR PRODUCTION NO. 17:
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`All documents and communications related to Your familiarity with the inventor of the
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`Asserted Patents before he passed away.
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`REQUEST FOR PRODUCTION NO. 18:
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`All documents and communications related to Your role as the sole trustee of the trust that
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`owns Elm Technologies, Inc.
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`REQUEST FOR PRODUCTION NO. 19:
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`All documents and communications related to Your knowledge concerning conception and
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`reduction to practice of the inventions disclosed in the Asserted Patents.
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`REQUEST FOR PRODUCTION NO. 20:
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`All documents and communications related to Your knowledge concerning the benefits of
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`the alleged inventions disclosed in the Asserted Patents.
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`REQUEST FOR PRODUCTION NO. 21:
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`All documents and communications related to Your knowledge concerning the
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`embodiments of the Asserted Patents.
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`REQUEST FOR PRODUCTION NO. 22:
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`All documents and communications related to Your knowledge concerning valuation of
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`the Asserted Patents.
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`REQUEST FOR PRODUCTION NO. 23:
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`All documents and communications related to Your knowledge concerning the prosecution
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`of the Asserted Patents.
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`REQUEST FOR PRODUCTION NO. 24:
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`All documents and communications related to Your knowledge of pre-suit communications
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`with the Defendants.
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`Case 1:14-cv-01432-LPS Document 283-2 Filed 06/15/20 Page 9 of 39 PageID #: 17089
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`REQUEST FOR PRODUCTION NO. 25:
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`Communications between You and any of SK hynix, Micron, or Samsung.
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`REQUEST FOR PRODUCTION NO. 26:
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`All documents that Glenn Leedy provided Micron in 2000 or 2001.
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`REQUEST FOR PRODUCTION NO. 27:
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`All documents relating to any alleged meeting between Micron and Glenn Leedy or Elm,
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`or any alleged pledge by Micron to invest in Elm 3DS’s technology, including any alleged meeting
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`as early as 1996, that allegedly involved approximately two Micron employees and Glenn Leedy
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`to discuss thinning wafers, any alleged meeting after Mr. Leedy had received the first Elm 3DS
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`Patent, the ’167 patent, any alleged contact by or meeting between Mr. Leedy and Micron about
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`the technology in the Elm 3DS Patents, and any alleged pledge by Micron to invest in Elm 3DS’s
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`technology.
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`REQUEST FOR PRODUCTION NO. 28:
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`All alleged communications between Glenn Leedy and Farhad Tabrizi or SK hynix in 2000
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`or 2001.
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`REQUEST FOR PRODUCTION NO. 29:
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`All documents that Glenn Leedy allegedly provided Farhad Tabrizi or SK hynix in 2000
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`or 2001.
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`REQUEST FOR PRODUCTION NO. 30:
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`All documents and communications relating to any alleged meeting between SK hynix and
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`Glenn Leedy or Elm, including any alleged meeting in 2000 or 2001, the alleged invitation to
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`Glenn Leedy by Farhad Tabrizi, the alleged presentation provided, and any alleged contact by or
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`meeting between Mr. Leedy and SK hynix about the technology in the Patents-at-Issue, Related
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`Patents, or any other patent with Glenn Leedy as a named inventor.
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`REQUEST FOR PRODUCTION NO. 31:
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`All documents and communications related to any test of or attempt to implement any
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`embodiment of the Patents-at-Issue.
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`REQUEST FOR PRODUCTION NO. 32:
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`All reverse engineering and/or other technical analysis of products that are alleged to
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`infringe the Patents-at-Issue, Related Patents, or any other patent with Glenn Leedy as a named
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`inventor.
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`Case 1:14-cv-01432-LPS Document 283-2 Filed 06/15/20 Page 11 of 39 PageID #: 17091
`Case 1:14-cv-01431-LPS-CJB Document 71 Filed 02/16/16 Page 1 of 29 PageID #: 1966
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`ELM 3DS INNOVATIONS, LLC, a Delaware
`limited liability company,
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`Plaintiff,
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`v.
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`MICRON TECHNOLOGY, INC., a Delaware
`corporation,
`MICRON SEMICONDUCTOR PRODUCTS,
`INC., an Idaho corporation, and
`MICRON CONSUMER PRODUCTS GROUP,
`INC., a Delaware corporation,
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`Defendants.
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`C.A. No. 14–01431–LPS-CJB
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`Jury Trial Demanded
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`)))))))))))))))
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`[PROPOSED] PROTECTIVE ORDER
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`In order to expedite the flow of discovery materials, facilitate the prompt resolution of
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`disputes over confidentiality of discovery materials, adequately protect information the parties
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`are entitled to keep confidential, ensure that only materials the parties are entitled to keep
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`confidential are subject to such treatment, and ensure that the parties are permitted reasonably
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`necessary use of such materials in preparation for trial, under Federal Rule of Civil Procedure
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`26(c) it is hereby ORDERED THAT:
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`I.
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`INFORMATION SUBJECT TO THIS ORDER
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`Discovery materials produced in this case may be labeled as one of three categories:
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`CONFIDENTIAL, HIGHLY CONFIDENTIAL, and RESTRICTED CONFIDENTIAL, as set
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`forth in Items A through C below. The identified categories of information shall be identified
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`collectively in this Order by the title “Protected Information.” Protected Information shall not be
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`RLF1 13910044v.1
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`1
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`Case 1:14-cv-01432-LPS Document 283-2 Filed 06/15/20 Page 12 of 39 PageID #: 17092
`Case 1:14-cv-01431-LPS-CJB Document 71 Filed 02/16/16 Page 2 of 29 PageID #: 1967
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`used or shown, disseminated, copied, or in any way communicated to anyone for any purpose
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`whatsoever, except as provided in this Protective Order.
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`I.A.
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`Information Designated as Confidential Information
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`I.A.1. For purposes of this Order, “CONFIDENTIAL INFORMATION” shall mean all
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`information or material produced for or disclosed in connection with this action to a receiving
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`party that a producing party—including any party to this action and any non-party producing
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`information or material voluntarily or pursuant to a subpoena or a court order in connection with
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`this action—considers in good faith to comprise confidential or non-public sensitive information,
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`the unrestricted disclosure of which could be potentially harmful to the business or operations of
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`the party, whether embodied in physical objects, documents, or the factual knowledge of persons,
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`and which has been so designated by the producing party. CONFIDENTIAL INFORMATION
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`shall mean material the producing party believes in good faith is not generally known to others,
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`and that the producing party (i) would not normally reveal to third parties except in confidence or
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`has undertaken with others to maintain in confidence, (ii) believes in good faith is protected by a
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`right to privacy under federal or state law or any other applicable privilege or right related to
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`confidentiality or privacy, or (iii) believes in good faith to constitute or to contain confidential
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`and/or proprietary information not otherwise known or available to the public.
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`CONFIDENTIAL INFORMATION shall include all material referring or relating to the
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`foregoing, including but not limited to copies, summaries, and abstracts of the foregoing. Any
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`CONFIDENTIAL INFORMATION obtained by any party from any person pursuant to
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`discovery in this litigation may be used only for purposes of this action and any appeal thereof.
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`I.A.2. Any document or tangible thing containing or including any CONFIDENTIAL
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`INFORMATION may be designated as such by the producing party by marking it
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`RLF1 13910044v.1
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`2
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`Case 1:14-cv-01432-LPS Document 283-2 Filed 06/15/20 Page 13 of 39 PageID #: 17093
`Case 1:14-cv-01431-LPS-CJB Document 71 Filed 02/16/16 Page 3 of 29 PageID #: 1968
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`“CONFIDENTIAL” (or other appropriate designation) prior to or at the time copies are
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`furnished to the receiving party.
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`I.A.3. All CONFIDENTIAL INFORMATION not reduced to documentary, tangible or
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`physical form or which cannot be conveniently designated as set forth in Paragraph I.A.2, shall
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`be designated by the producing party by informing the receiving party of the designation in
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`writing at the time of production.
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`I.A.4. Any documents (including physical objects) made available for inspection by
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`counsel for the receiving party prior to producing copies of selected items shall initially be
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`considered, as a whole, to constitute CONFIDENTIAL INFORMATION (unless otherwise
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`designated at the time of inspection) and shall be subject to this Order. Thereafter, the producing
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`party shall have a reasonable time to review and designate the appropriate documents as
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`CONFIDENTIAL INFORMATION (or otherwise as appropriate) prior to furnishing copies to
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`the receiving party.
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`I.A.5. Documents designated CONFIDENTIAL and information contained therein shall
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`be available only to:
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`I.A.5.a.
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`Outside litigation counsel of record in the above-captioned
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`litigation and supporting personnel employed in the law firms of outside litigation counsel of
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`record in the above-captioned litigation, such as attorneys, paralegals, legal translators, legal
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`secretaries, legal clerks and shorthand reporters, except that unless otherwise agreed, no outside
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`counsel for any defendant in any of the Related Cases (C.A. No. 14-1430-LPS-CJB and C.A. No.
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`14-1432-LPS-CJB) shall have access to Protected Information produced by Micron to Plaintiff1;
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`1 This provision does not apply to documents produced in response to a subpoena served by a
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`RLF1 13910044v.1
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`3
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`Case 1:14-cv-01432-LPS Document 283-2 Filed 06/15/20 Page 14 of 39 PageID #: 17094
`Case 1:14-cv-01431-LPS-CJB Document 71 Filed 02/16/16 Page 4 of 29 PageID #: 1969
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`I.A.5.b.
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`Outside experts and their necessary support personnel, subject to
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`the provisions of Paragraphs III.A–E herein, and who have signed the form attached hereto as
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`Attachment A; the term “outside expert” shall mean independent outside expert witnesses or
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`consultants (i.e., not employees of a party) with whom counsel in the above-captioned litigation
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`may deem it necessary to consult and who comply with Paragraphs III.A–C, provided however
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`that Protected Information shall not be disseminated to, sent to, delivered to, in any way
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`communicated to, accessed from, or reviewed by, whether directly or remotely, an expert in any
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`location outside the United States;
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`I.A.5.c.
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`The Court, its personnel and stenographic reporters (under seal or
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`with other suitable precautions determined by the Court);
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`I.A.5.d.
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`(i) Independent legal translators retained to translate in connection
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`with this action; (ii) independent stenographic reporters and videographers retained to record and
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`transcribe testimony in connection with this action; (iii) graphics, translation, or design services
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`retained by counsel for purposes of preparing demonstrative or other exhibits for deposition,
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`trial, or other court proceedings in the actions; (iv) non–technical jury or trial consulting
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`services; (v) independent eDiscovery support personnel retained in connection with this action;
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`and (vi) mock jurors; who, or whose representatives, have signed the form attached hereto as
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`Attachment A;
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`I.A.5.e.
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`Any mediator who is assigned to hear this matter, and any such
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`mediator’s staff, subject to their agreement to maintain confidentiality to the same degree as
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`required by this Protective Order; and
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`defendant in any of the Related Cases on another defendant in the Related Cases or on Micron.
`Nothing herein is intended to permit or require any defendant in the Related Cases to conduct,
`receive, or participate in party discovery from Micron or another defendant in the Related Cases. 
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`RLF1 13910044v.1
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`4
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`Case 1:14-cv-01432-LPS Document 283-2 Filed 06/15/20 Page 15 of 39 PageID #: 17095
`Case 1:14-cv-01431-LPS-CJB Document 71 Filed 02/16/16 Page 5 of 29 PageID #: 1970
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`I.A.5.f.
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`Any other person with the prior written consent of the producing
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`party.
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`I.B.
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`Information Designated Highly Confidential
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`I.B.1. The HIGHLY CONFIDENTIAL designation is reserved for CONFIDENTIAL
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`INFORMATION that both: (1) constitutes proprietary financial, design documentation, research
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`and development, technical data or information, or commercially sensitive competitive
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`information that the producing party maintains as highly confidential in its business ; and (2)
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`contains highly sensitive business or personal information, the disclosure of which is likely to
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`cause significant harm to an individual or the competitive position of the producing party.
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`Documents marked CONFIDENTIAL OUTSIDE COUNSEL ONLY, HIGHLY
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`CONFIDENTIAL, or ATTORNEYS’ EYES ONLY shall be treated as if designated HIGHLY
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`CONFIDENTIAL. In determining whether information should be designated as HIGHLY
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`CONFIDENTIAL, each party agrees to use such designation only in good faith.
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`I.B.2. Documents designated HIGHLY CONFIDENTIAL and information contained
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`therein shall be available only to the persons or entities listed in Paragraphs I.A.5.a, b, c, d, e, and
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`f, subject to any terms set forth or incorporated therein.
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`I.B.3. The party designating any document as HIGHLY CONFIDENTIAL shall have the
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`burden of demonstrating why such a document is designated as such.
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`I.C.
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`Information Designated Restricted Confidential - Outside Counsel’s Eyes Only
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`“RESTRICTED CONFIDENTIAL - OUTSIDE COUNSEL’S EYES ONLY” material is
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`reserved for material constituting Micron Design Files as defined in Paragraph I.C.1 below and
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`RLF1 13910044v.1
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`5
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`Case 1:14-cv-01432-LPS Document 283-2 Filed 06/15/20 Page 16 of 39 PageID #: 17096
`Case 1:14-cv-01431-LPS-CJB Document 71 Filed 02/16/16 Page 6 of 29 PageID #: 1971
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`produced (if demonstrated by Elm to be relevant to this action) pursuant to Paragraph I.C.2, and
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`materials defined in Paragraph I.C.2.b, below or as incorporated into, for example, documents,
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`answers to interrogatories, technical expert reports, or deposition testimony. RESTRICTED
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`CONFIDENTIAL - OUTSIDE COUNSEL’S EYES ONLY material shall include all material
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`referring or relating to the foregoing, including but not limited to copies, summaries, and
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`abstracts of the foregoing.
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`I.C.1.
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`“Micron Design Files” shall mean computer files or documents that can be
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`reviewed only using specialized design software under license to Micron. If any Micron Design
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`Files are relevant and subject to discovery, they may be made available for inspection pursuant to
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`the provisions under Paragraph I.C.2.
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`I.C.2. Protected Matters designated as “RESTRICTED CONFIDENTIAL - OUTSIDE
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`COUNSEL’S EYES ONLY” shall be subject to additional protections given the particularly
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`sensitive nature of the information, unless otherwise advised by the producing party:
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`I.C.2.a. All RESTRICTED CONFIDENTIAL - OUTSIDE COUNSEL’S EYES ONLY
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`material, if determined to be relevant and subject to discovery, shall be made available by the
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`producing party to the receiving party’s outside counsel and/or experts (who have been approved
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`under Section III) on a secured computer that is (i) without Internet access or network access to
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`other computers, and (ii) with all input/output ports (such as USB) blocked, as necessary and
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`appropriate to prevent and protect against any unauthorized copying, transmission, removal or
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`other transfer of any RESTRICTED CONFIDENTIAL - OUTSIDE COUNSEL’S EYES ONLY
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`Material outside or away from the computer on which the RESTRICTED CONFIDENTIAL -
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`OUTSIDE COUNSEL’S EYES ONLY Material is provided for inspection (the “Secure
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`Computer”), provided however that, at the producing party’s discretion, the computer may have
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`RLF1 13910044v.1
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`6
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`Case 1:14-cv-01432-LPS Document 283-2 Filed 06/15/20 Page 17 of 39 PageID #: 17097
`Case 1:14-cv-01431-LPS-CJB Document 71 Filed 02/16/16 Page 7 of 29 PageID #: 1972
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`such input/output ports enabled so that the computer may be connected to the producing party’s
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`internal network, and provided further that such connection shall not be used by the producing
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`party’s litigation department or outside counsel to monitor the receiving party’s activities while
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`accessing the Secure Computer. The Secure Computer will be located at the producing party’s
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`facilities (including in Boise, ID) or at another location to be determined by the producing party.
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`After the Secure Computer has been prepared and provided to the receiving party, the producing
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`party shall thereafter provide access to the Secure Computer during regular business hours (9:00
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`a.m. to 5:00 p.m. local time) or at other mutually agreeable times, on reasonable notice provided
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`in writing by the receiving party (which shall be no less than seven (7) business days’ notice).
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`This written notice from the receiving party shall identify in writing to the producing party the
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`persons who will be conducting the inspection or will be present during the inspection. The
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`producing party shall make available software tools that are the same or equivalent to those used
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`in the ordinary course of business by the producing party’s employees. The producing party
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`shall provide reasonable assistance in the basic operations of the Secure Computer, which
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`assistance includes providing an employee to operate the Secure Computer while the receiving
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`party directs the producing party’s employee to the portions of the design the receiving party
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`wishes to review. The receiving party shall not at any time use any compilers, interpreters or
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`simulators in connection with the producing party’s RESTRICTED CONFIDENTIAL-
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`OUTSIDE COUNSEL’S EYES ONLY material, and in no event shall the receiving party cause
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`tools to be installed on the Secure Computer that have the effect of altering, modifying, deleting,
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`copying, or otherwise permitting the reproduction or removal of such RESTRICTED
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`CONFIDENTIAL - OUTSIDE COUNSEL’S EYES ONLY Material. The receiving party shall
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`not be permitted to bring electronic devices, including but not limited to hard drives, cellular
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`RLF1 13910044v.1
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`Case 1:14-cv-01432-LPS Document 283-2 Filed 06/15/20 Page 18 of 39 PageID #: 17098
`Case 1:14-cv-01431-LPS-CJB Document 71 Filed 02/16/16 Page 8 of 29 PageID #: 1973
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`phones, PDAs, cameras, voice recorders, recording devices, and recordable media into the
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`location of the Secure Computer. At the request of the receiving party, the producing party shall
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`produce hard copies of restricted confidential material (“Original Printouts”) that is designated or
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`otherwise identified by the receiving party during or following its review of Secure Computer
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`and is reasonably necessary to facilitate the receiving party’s preparation of court filings, expert
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`reports, and trial exhibits. The producing party shall Bates number, copy, and label
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`“RESTRICTED CONFIDENTIAL OUTSIDE COUNSEL'S EYES ONLY Material” on any
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`Original Printouts. If the producing party objects that the portions requested to be printed are
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`excessive and/or not reasonably necessary to any case preparation activity, the producing party
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`shall make such objection known to the receiving party within five (5) business days. If, after
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`meeting and conferring, the producing party and the receiving party cannot resolve the o