Case 1:19-cv-01245-LPS Document 29 Filed 05/01/20 Page 1 of 32 PageID #: 254
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`LBT IP I LLC,
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`Plaintiff,
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`v.
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`APPLE INC.,
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`Defendant.
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`C.A. No. 19-1245-LPS
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`AGREED PROTECTIVE ORDER
`REGARDING THE DISCLOSURE AND USE OF DISCOVERY MATERIALS
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`Plaintiff LBT IP I LLC (“Plaintiff”) and Defendant Apple Inc. (“Defendant”)
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`anticipate that documents, testimony, or information containing or reflecting confidential,
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`proprietary, trade secret, and/or commercially sensitive information are likely to be disclosed or
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`produced during the course of discovery, initial disclosures, and supplemental disclosures in this
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`case and request that the Court enter this Order setting forth the conditions for treating, obtaining,
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`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 Discovery
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`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 shall
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`be used by a Receiving Party solely for this case, and shall not be used directly or indirectly for
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`any other purpose whatsoever.
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`(b)
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`The Parties acknowledge that this Order does not confer blanket protections
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`on all disclosures during discovery, or in the course of making initial or supplemental disclosures
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`AGREED PROTECTIVE ORDER – PAGE 1
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`under Rule 26(a). Designations under this Order shall be made with care and shall not be made
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`absent a good faith belief that the designated material satisfies the criteria set forth below. If it
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`comes to a Producing Party’s attention that designated material does not qualify for protection at
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`all, or does not qualify for the level of protection initially asserted, the Producing Party must
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`promptly notify all other Parties 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 any
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`non-party, regardless of the medium or manner generated, stored, or maintained (including, among
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`other things, testimony, transcripts, or tangible things) that are produced, disclosed, or generated
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`in connection with discovery or Rule 26(a) disclosures in this case.
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`(b)
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`“Outside Counsel” means (i) outside counsel who appear on the pleadings
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`as counsel for a Party and (ii) partners, associates, and staff of such counsel to whom it is
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`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. 8,497,774; 8,542,113; 8,102,256;
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`8,421,618; and 8,421,619, and any other patent asserted in this action, as well as any related
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`patents, patent applications, provisional patent 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, directors,
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`employees, consultants, retained experts, and outside counsel and their support staffs.
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`(e)
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`“Producing Party” means any Party or non-party that discloses or produces
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`any Discovery Material in this case.
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`(f)
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`“Protected Material” means any Discovery Material that is designated as
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`“CONFIDENTIAL,” “CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” or “CONFIDENTIAL
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`– OUTSIDE ATTORNEYS’ EYES ONLY – SOURCE CODE,” as provided for in this Order.
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`AGREED PROTECTIVE ORDER – PAGE 2
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`Protected Material shall not include: (i) advertising materials that have been actually published or
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`publicly disseminated; and (ii) materials that show on their face they have been disseminated to
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`the public.
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`(g)
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`“Receiving Party” means any Party who receives Discovery Material from
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`a Producing Party.
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`(h)
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` “Source Code” means computer code, scripts, assembly, binaries, object
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`code, source code listings and descriptions of source code, object code listings and descriptions of
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`object code, Hardware Description Language (HDL) or Register Transfer Level (RTL) files that
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`describe the hardware design of any ASIC or other chip, and Computer Aided Design (CAD) files
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`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 shall
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`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)
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`The protections conferred by this Order cover not only Discovery Material
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`governed by this Order as addressed herein, but also any information copied or extracted
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`therefrom, as well as all copies, excerpts, summaries, or compilations thereof, plus testimony,
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`conversations, or presentations by Parties or their counsel in court or in other settings that might
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`reveal Protected Material.
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`(b)
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`Nothing in this Protective Order shall prevent or restrict a Producing Party’s
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`own disclosure or use of its own Protected Material for any purpose, and nothing in this Order
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`AGREED PROTECTIVE ORDER – PAGE 3
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`shall preclude any Producing Party from showing its Protected Material to an individual who
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`prepared the Protected Material.
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`(c)
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`Nothing in this Order shall be construed to prejudice any Party’s right to
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`use any Protected Material in court or in any court filing with the consent of the Producing Party
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`or by order of the Court.
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`(d)
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`This Order is without prejudice to the right of any Party to seek further or
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`additional protection of any Discovery Material or to modify this Order in any way, including,
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`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 by
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`this Order shall remain in effect until a Producing Party agrees otherwise in writing or a court order
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`otherwise directs.
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`6.
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`ACCESS TO AND USE OF PROTECTED MATERIAL
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`(a)
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` Basic Principles. All Protected Material shall be used solely for this case
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`or any related appellate proceeding, and not for any other purpose whatsoever, including without
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`limitation any other litigation, patent prosecution or acquisition, patent reexamination or reissue
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`proceedings, or any business or competitive purpose or function. Protected Material shall not be
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`distributed, disclosed or made available to anyone except as expressly provided in this Order.
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`(b)
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`Patent Prosecution Bar. Absent the written consent of the Producing Party,
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`any person on behalf of the Plaintiff who receives one or more items designated
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`“CONFIDENTIAL – ATTORNEYS’ EYES ONLY” or “CONFIDENTIAL – ATTORNEYS’
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`EYES ONLY – SOURCE CODE” by a Defendant shall not be involved, directly or indirectly, in
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`any of the following activities: (i) advising on, consulting on, preparing, prosecuting, drafting,
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`AGREED PROTECTIVE ORDER – PAGE 4
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`editing, and/or amending of patent applications, specifications, claims, and/or responses to office
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`actions, or otherwise affecting the scope of claims in patents or patent applications relating to the
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`functionality, operation, and design of systems and methods for power monitoring and
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`conservation in location tracking devices (generally or as described in any patent in suit), before
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`any foreign or domestic agency, including the United States Patent and Trademark Office; and (ii)
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`the acquisition of patents (including patent applications), or the rights to any such patents or patent
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`applications with the right to sublicense, relating to the functionality, operation, and design of
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`systems and methods for power monitoring and conservation in location tracking devices. These
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`prohibitions are not intended to and shall not preclude counsel from participating in proceedings
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`on behalf of a Party challenging the validity of any patent, including any inter partes review or
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`post-grant review proceedings, but are intended to preclude counsel from participating directly or
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`indirectly in drafting or amending claims in any inter partes review or post-grant review
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`proceedings, in any reexamination proceedings, or in any reissue proceedings on behalf of a
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`patentee. These prohibitions shall begin when access to “CONFIDENTIAL – ATTORNEYS’
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`EYES ONLY” or “CONFIDENTIAL – ATTORNEYS’ EYES ONLY – SOURCE CODE”
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`materials are first received by the affected individual, and shall end two (2) years after the final
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`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 that
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`ensures that access is limited to the persons authorized under this Order. To ensure compliance
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`with applicable United States Export Administration Regulations, Protected Material may not be
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`exported outside the United States or released to any foreign national (even if within the United
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`States).
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`AGREED PROTECTIVE ORDER – PAGE 5
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`(d)
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`Legal Advice Based on Protected Material. Nothing in this Protective Order
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`shall be construed to prevent counsel from advising their clients with respect to this case based in
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`whole or in part upon Protected Materials, provided counsel does not disclose the Protected
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`Material itself except as provided in this Order.
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`(e)
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`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 in any
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`way the use or disclosure of Discovery Material by a Receiving Party: (i) that is or has become
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`publicly known through no fault of the Receiving Party; (ii) that is lawfully acquired by or known
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`to the Receiving Party independent of the Producing Party; (iii) previously produced, disclosed
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`and/or provided by the Producing Party to the Receiving Party or a non-party without an
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`obligation of confidentiality and not by inadvertence or mistake; (iv) with the consent of the
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`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)
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`Available Designations. Any Producing Party may designate Discovery
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`Material with any of the following designations, provided that it meets the requirements for such
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`designations as provided for herein: “CONFIDENTIAL,” “CONFIDENTIAL – ATTORNEYS’
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`EYES ONLY,” or “CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY – SOURCE
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`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 used in
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`Federal Rule of Procedure 34), and tangible things that meet the requirements for the
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`confidentiality designations listed in Paragraph 7(a) may be so designated by placing the
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`appropriate designation on every page of the written material prior to production. For digital files
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`AGREED PROTECTIVE ORDER – PAGE 6
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`being produced, the Producing Party may mark each viewable page or image with the appropriate
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`designation, and mark the medium, container, and/or communication in which the digital files were
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`contained. In the event that original documents are produced for inspection, the original
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`documents shall be presumed “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” during the
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`inspection and re-designated, as appropriate during the copying process.
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`(c)
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`Native Files. Where electronic files and documents are produced in native
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`electronic format, such electronic files and documents shall be designated for protection under this
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`Order by appending to the file names or designators information indicating whether the file
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`contains “CONFIDENTIAL,” “CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” or
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`“CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY – SOURCE CODE,” material, or
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`shall use any other reasonable method for so designating Protected Materials produced in
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`electronic format. When electronic files or documents are printed for use at deposition, in a court
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`proceeding, or for provision in printed form to an expert or consultant pre-approved pursuant to
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`paragraph 12, the party printing the electronic files or documents shall affix a legend to the printed
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`document corresponding to the designation of the Designating Party and including the production
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`number and designation associated with the native file. No one shall seek to use in this litigation
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`a .tiff, .pdf or other image format version of a document produced in native file format without
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`first (1) providing a copy of the image format version to the Producing Party so that the Producing
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`Party can review the image to ensure that no information has been altered, and (2) obtaining the
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`consent of the Producing Party, which consent shall not be unreasonably withheld.
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`(d)
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`Depositions and Testimony. Parties or testifying persons or entities may
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`designate depositions and other testimony with the appropriate designation by indicating on the
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`record at the time the testimony is given or by sending written notice of how portions of the transcript
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`AGREED PROTECTIVE ORDER – PAGE 7
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`of the testimony is designated within thirty (30) days of receipt of the transcript of the testimony.
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`If no indication on the record is made, all information disclosed during a deposition shall be
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`deemed “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” until the time within which it may
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`be appropriately designated as provided for herein has passed. Any Party that wishes to disclose
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`the transcript, or information contained therein, may provide written notice of its intent to treat the
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`transcript as non-confidential, after which time, any Party that wants to maintain any portion of
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`the transcript as confidential must designate the confidential portions within fourteen (14) days, or
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`else the transcript may be treated as non-confidential. Any Protected Material that is used in the
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`taking of a deposition shall remain subject to the provisions of this Protective Order, along with
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`the transcript pages of the deposition testimony dealing with such Protected Material. In such
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`cases the court reporter shall be informed of this Protective Order and shall be required to operate
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`in a manner consistent with this Protective Order. In the event the deposition is videotaped, the
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`original and all copies of the videotape shall be marked by the video technician to indicate that the
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`contents of the videotape are subject to this Protective Order, substantially along the lines of “This
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`videotape contains confidential testimony used in this case and is not to be viewed or the contents
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`thereof to be displayed or revealed except pursuant to the terms of the operative Protective Order
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`in this matter or pursuant to written stipulation of the parties.” Counsel for any Producing Party
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`shall have the right to exclude from oral depositions, other than the deponent, deponent’s counsel,
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`the reporter and videographer (if any), any person who is not authorized by this Protective Order
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`to receive or access Protected Material based on the designation of such Protected Material. Such
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`right of exclusion shall be applicable only during periods of examination or testimony regarding
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`such Protected Material.
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`AGREED PROTECTIVE ORDER – PAGE 8
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`8.
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`DISCOVERY MATERIAL DESIGNATED AS “CONFIDENTIAL”
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`(a)
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`A Producing Party may designate Discovery Material as “CONFIDENTIAL”
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`if it contains or reflects confidential, proprietary, and/or commercially sensitive information.
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`(b)
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`Unless otherwise ordered by the Court, Discovery Material designated as
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`“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 immediate
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`paralegals and staff, and any copying or clerical litigation support services working at the direction
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`of such counsel, paralegals, and staff;
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`(ii)
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`Not more than three (3) representatives of the Receiving Party who
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`are officers or employees of the Receiving Party, who may be, but need not be, in-house counsel for
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`the Receiving Party, as well as their immediate paralegals and staff, to whom disclosure is reasonably
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`necessary for this case, provided that: (a) each such person has agreed to be bound by the provisions
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`of the Protective Order by signing a copy of Exhibit A; and (b) 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 12 below;
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`(iii) Any outside expert or consultant retained by the Receiving Party to
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`assist in this action, provided that disclosure is only to the extent necessary to perform such work;
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`and provided that: (a) such expert or consultant has agreed to be bound by the provisions of the
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`Protective Order by signing a copy of Exhibit A; (b) such expert or consultant is not a current officer,
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`director, or employee of a Party or of a competitor of a Party, nor anticipated at the time of retention
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`to become an officer, director or employee of a Party or of a competitor 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 to or
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`access them from any foreign jurisdiction; and (d) no unresolved objections to such disclosure exist
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`after proper notice has been given to all Parties as set forth in Paragraph 12 below;
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`AGREED PROTECTIVE ORDER – PAGE 9
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`(iv) Court reporters, stenographers and videographers retained to record
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`testimony taken in this action;
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`(v)
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`The Court, jury, and court personnel;
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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 copy of
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`Exhibit A;
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`(vii) Mock jurors who have signed an undertaking or agreement agreeing
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`not to publicly disclose Protected Material and to keep any information concerning Protected
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`Material confidential;
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`(viii) Any mediator who is assigned to hear this matter, and his or her staff,
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`subject to their agreement to maintain confidentiality to the same degree as required by this
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`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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`9.
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`DISCOVERY MATERIAL DESIGNATED AS “CONFIDENTIAL –
`ATTORNEYS’ EYES ONLY”
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`(a)
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`A Producing Party may designate Discovery Material as “CONFIDENTIAL
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`– ATTORNEYS’ EYES ONLY” if it contains or reflects information that is extremely confidential
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`and/or sensitive in nature and the Producing Party reasonably believes that the disclosure of such
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`Discovery Material is likely to cause economic harm or significant competitive disadvantage to the
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`Producing Party. The Parties agree that the following information, if non-public, shall be presumed
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`to merit the “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” designation: trade secrets, pricing
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`information, financial data, sales information, sales or marketing forecasts or plans, business plans,
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`sales or marketing strategy, product development information, engineering documents, testing
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`AGREED PROTECTIVE ORDER – PAGE 10
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`documents, employee information, and other non-public information of similar competitive and
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`business sensitivity.
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`(b)
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`Unless otherwise ordered by the Court, Discovery Material designated as
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`“CONFIDENTIAL – ATTORNEYS’ EYES ONLY” may be disclosed only to:
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`(i)
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`The Receiving Party’s Outside Counsel, provided that such Outside
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`Counsel is not involved in competitive decision-making, as defined by U.S. Steel v. United States,
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`730 F.2d 1465, 1468 n.3 (Fed. Cir. 1984), on behalf of a Party or a competitor of a Party, and such
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`Outside 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) With respect to Discovery Material produced by the Plaintiff, not
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`more than three (3) in-house counsel of the Receiving Party, as well as their immediate paralegals
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`and staff to whom disclosure is reasonably necessary for this case, provided that: (a) each such
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`person has agreed to be bound by the provisions of the Protective Order by signing a copy of Exhibit
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`A; and (b) no unresolved objections to such disclosure exist after proper notice has been given to all
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`Parties as set forth in Paragraph 12 below;
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`(iii) Any outside expert or consultant retained by the Receiving Party to
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`assist in this action, provided that disclosure is only to the extent necessary to perform such work;
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`and provided that: (a) such expert or consultant has agreed to be bound by the provisions of the
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`Protective Order by signing a copy of Exhibit A; (b) such expert or consultant is not a current officer,
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`director, or employee of a Party or of a competitor of a Party, nor anticipated at the time of retention
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`to become an officer, director, or employee of a Party or of a competitor of a Party; (c) such expert
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`or consultant is not involved in competitive decision-making, as defined by U.S. Steel v. United
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`States, 730 F.2d 1465, 1468 n.3 (Fed. Cir. 1984), on behalf of a Party or a competitor of a Party; (d)
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`AGREED PROTECTIVE ORDER – PAGE 11
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`such expert or consultant accesses the materials in the United States only, and does not transport
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`them to or access them from any foreign jurisdiction; and (e) 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 12 below;
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`(iv) Court reporters, stenographers and videographers retained to record
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`testimony taken in this action;
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`(v)
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`The Court, jury, and court personnel;
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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 copy of
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`Exhibit A;
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`(vii) Any mediator who is assigned to hear this matter, and his or her staff,
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`subject to their agreement to maintain confidentiality to the same degree as required by this
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`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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`10.
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`DISCOVERY MATERIAL DESIGNATED AS “CONFIDENTIAL –
`OUTSIDE ATTORNEYS’ EYES ONLY – SOURCE CODE”
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`(a)
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`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 comprises
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`or includes confidential, proprietary, and/or trade secret Source Code.
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`(b)
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`Nothing in this Order shall be construed as a representation or admission that
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`Source Code is properly discoverable in this action, or to obligate any Party to produce any Source
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`Code.
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`AGREED PROTECTIVE ORDER – PAGE 12
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`(c)
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`Unless otherwise ordered by the Court, Discovery Material designated as
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`“CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY – SOURCE CODE” shall be subject
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`to the provisions set forth in Paragraph 11 below, and may be disclosed, subject to Paragraph 11
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`below, solely to:
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`(i)
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`The Receiving Party’s Outside Counsel, provided that such Outside
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`Counsel is not involved in competitive decision-making, as defined by U.S. Steel v. United States,
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`730 F.2d 1465, 1468 n.3 (Fed. Cir. 1984), on behalf of a Party or a competitor of a Party, and such
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`Outside 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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`Any outside expert or consultant retained by the Receiving Party to
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`assist in this action, provided that disclosure is only to the extent necessary to perform such work;
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`and provided that: (a) such expert or consultant has agreed to be bound by the provisions of the
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`Protective Order by signing a copy of Exhibit A; (b) such expert or consultant is not a current officer,
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`director, or employee of a Party or of a competitor of a Party, nor anticipated at the time of retention
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`to become an officer, director or employee of a Party or of a competitor of a Party; (c) such expert
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`or consultant is not involved in competitive decision-making, as defined by U.S. Steel v. United
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`States, 730 F.2d 1465, 1468 n.3 (Fed. Cir. 1984), on behalf of a Party or a competitor of a Party; and
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`(d) no unresolved objections to such disclosure exist after proper notice has been given to all Parties
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`as set forth in Paragraph 12 below;
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`(iii) Court reporters, stenographers and videographers retained to record
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`testimony taken in this action;
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`(iv)
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`The Court, jury, and court personnel;
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`AGREED PROTECTIVE ORDER – PAGE 13
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`(v)
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`Any mediator who is assigned to hear this matter, and his or her staff,
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`subject to their agreement to maintain confidentiality to the same degree as required by this
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`Protective Order; and
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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)
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`Any Source Code that is produced by Apple Inc. will be made available for
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`inspection at the Washington, D.C. and/or Silicon Valley office of its outside counsel, Weil, Gotshal
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`& Manges LLP, or any other location mutually agreed by the Parties. Source Code will be made
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`available for inspection between the hours of 8 a.m. and 6 p.m. on business days (i.e., weekdays that
`
`are not Federal holidays), although the Parties will be reasonable in accommodating reasonable
`
`requests to conduct inspections at other times.
`
`(b)
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`Prior to the first inspection of any requested Source Code, the Receiving Party
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`shall provide thirty (30) days’ notice of the Source Code that it wishes to inspect. The Receiving
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`Party shall provide fourteen (14) days’ notice prior to any additional inspections.
`
`(c)
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`Source Code
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`that
`
`is designated “CONFIDENTIAL – OUTSIDE
`
`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 to
`
`the Receiving Party’s outside counsel and/or experts in a secure room on a secured computer
`
`without Internet access or network access to other computers and on which all access ports have
`
`been disabled (except for one printer port), as necessary and appropriate to prevent and protect
`
`against any unauthorized copying, transmission, removal or other transfer of any Source Code
`
`AGREED PROTECTIVE ORDER – PAGE 14
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`

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`Case 1:19-cv-01245-LPS Document 29 Filed 05/01/20 Page 15 of 32 PageID #: 268
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`
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`outside or away from the computer on which the Source Code is provided for inspection (the
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`“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, if
`
`such tools exist and are presently used in the ordinary course of the Producing Party’s business.
`
`The Receiving Party’s outside counsel and/or experts may request that commercially available
`
`software tools for viewing and searching Source Code be installed on the secured computer,
`
`provided, however, that (a) the Receiving Party possesses an appropriate license to such software
`
`tools; (b) the Producing Party approves such software tools; and (c) such other software tools are
`
`reasonably necessary for the Receiving Party to perform its review of the Source Code consistent
`
`with all of the protections herein. The Receiving Party must provide the Producing Party with the
`
`CD or DVD containing such licensed software tool(s) at least twenty-one (21) days in advance of
`
`the date upon which the Receiving Party wishes to have the additional software tools available for
`
`use on the Source Code Computer.
`
`(ii)
`
`No recordable media or recordable devices, including without
`
`limitation sound recorders, computers, cellular telephones, peripheral equipment, cameras, CDs,
`
`DVDs, or drives of any kind, shall be permitted into the Source Code Review Room.
`
`(iii) The Receiving Party’s outside counsel and/or experts shall be
`
`entitled to take notes relating to the Source Code but may not copy the Source Code into the notes
`
`and may not take such notes electronically on the Source Code Computer itself or any other
`
`computer.
`
`(iv)
`
`The Producing Party may visually monitor the activities of the
`
`Receiving Party’s representatives during any Source Code review, but only to ensure that no
`
`AGREED PROTECTIVE ORDER – PAGE 15
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`Case 1:19-cv-01245-LPS Document 29 Filed 05/01/20 Page 16 of 32 PageID #: 269
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`
`
`unauthorized electronic records of the Source Code and no information concerning the Source
`
`Code are being created or transmitted in any way.
`
`(v)
`
`No copies of all or any portion of the Source Code may leave the
`
`room in which the Source Code is inspected except as otherwise provided herein. Further, no
`
`other written or electronic record of the Source Code is permitted except as otherwise provided
`
`herein. The Producing Party shall make available a laser printer with commercially reasonable
`
`printing speeds for on-site printing during inspection of the Source Code. The Receiving Party
`
`may print limited portions of the Source Code only when necessary to prepare court filings or
`
`pleadings or other papers (including a testifying expert’s expert report). Any printed portion that
`
`consists of more than five (5) pages of a continuous block of Source Code shall be presumed to be
`
`excessive, and the burden shall be on the Receiving Party to demonstrate the need for such a printed
`
`copy. The Receiving Party may print out no more than 100 pages total. The Receiving Party shall
`
`not print Source Code in order to review blocks of Source Code elsewhere in the first instance,
`
`i.e., as an alternative to reviewing that Source Code electronically on the Source Code Computer,
`
`as the Parties acknowledge and agree that the purpose of the protections herein would be frustrated
`
`by printing portions of code for review and analysis elsewhere, and that printing is permitted only
`
`when necessary to prepare court filings or pleadings or other papers (including a testifying expert’s
`
`expert report). Upon printing any such portions of Source Code, the printed pages shall be
`
`collected by the Producing Party. The Producing Party shall Bates number, copy, and label
`
`“CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY – SOURCE CODE” any pages
`
`printed by the Receiving Party. Within fourteen (14) days, the Producing Party shall either (i)
`
`provide one copy set of such pages to the Receiving Party or (ii) inform the Requesting Party that
`
`it objects that the printed portions are excessive and/or not done for a permitted purpose. If, after
`
`AGREED PROTECTIVE ORDER – PAGE 16
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`
`

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`Case 1:19-cv-01245-LPS Document 29 Filed 05/01/20 Page 17 of 32 PageID #: 270
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`
`
`meeting and conferring, the Producing Party and the Receiving Party cannot resolve the objection,
`
`the Receiving Party shall be entitled to seek a Court resolution of whether the printed Source Code
`
`in question is narrowly tailored and was printed for a permitted purpose. The burden shall be on
`
`the Receiving Party to demonstrate that such printed portions are no more than is reasonably
`
`necessary for a permitted purpose and not merely printed for the purposes of review and analysis
`
`elsewhere. The printed pages shall constitute part of the Source Code produced by the Producing
`
`Party in