Case 1:19-cv-01410-MN Document 39 Filed 05/27/20 Page 1 of 25 PageID #: 982
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`VB Assets, LLC,
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`Plaintiff,
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`v.
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`Amazon.com Inc., et al.,
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`Defendants.
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`C.A. No. 1:19-cv-01410-MN
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`STIPULATED PROTECTIVE ORDER
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`Plaintiff VB Assets, LLC (“Plaintiff” or “VoiceBox) and defendants Amazon.com, Inc.;
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`Amazon.com LLC; Amazon Web Services, Inc.; A2Z Development Center, Inc. d/b/a Lab126;
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`Rawles LLC; AMZN Mobile LLC; AMZN Mobile 2 LLC; Amazon.com Services, Inc. f/k/a
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`Amazon Fulfillment Services, Inc.; and Amazon Digital Services LLC (collectively,
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`“Defendants” or “Amazon”) anticipate the need to disclose certain confidential information
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`during the course of this litigation. As a result, the parties desire limiting disclosure and
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`preventing use of such information for any purposes other than the prosecution and defense of
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`this action. In addition, the parties contemplate that non-parties may produce confidential
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`information. Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, the parties, by and
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`through their respective undersigned counsel, hereby stipulate and agree to the request for, and
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`entry of, the following Stipulated Protective Order (hereinafter, “Order”).
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`1 DEFINITIONS
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`1.1
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`Affiliate: The term “Affiliate” shall mean an entity that is directly or indirectly a
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`parent of, subsidiary of, or commonly owned by, a party.
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`1.2
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`Confidential Information: The term “Confidential Information” shall mean any
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`Discovery Material designated by a Producing Party as “HIGHLY CONFIDENTIAL –
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`ATTORNEYS’ EYES ONLY” or “HIGHLY-CONFIDENTIAL – SOURCE CODE” that the
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`Producing Party claims in good faith constitutes, contains, reveals, or reflects: (i) non-public
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`technical, marketing, financial, sales, research and development information; (ii) commercially
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`sensitive competitive information, including, without limitation, information obtained from a
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`nonparty pursuant to a current Nondisclosure Agreement (“NDA”); (iii) information or data
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`relating to future products not yet commercially released and/or strategic plans; (iv) commercial
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`agreements, settlement agreements or settlement communications, the disclosure of which is
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`likely to cause harm to the competitive position of the Producing Party; or (v) sensitive personal
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`information that is protected under federal, state, or foreign data protection laws or regulations,
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`or other privacy obligations.
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`1.3
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`Discovery Material: The term “Discovery Material” shall mean any Document
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`(as defined below), material, item, testimony, or thing filed with or presented to the Court or
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`produced, served, or generated during this action, including, for example, exhibits, answers to
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`interrogatories, responses to requests for admissions, responses to requests for production,
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`subpoenas, declarations, affidavits, and deposition testimony or transcripts, and all copies,
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`extracts, summaries, compilations, designations, and portions thereof.
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`1.4
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`Document: The term “Document” shall mean every means of recording any form of
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`communication or representation upon any tangible thing, including letters, numbers, words,
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`pictures, sounds, or symbols, or combinations thereof, whether recorded by handwriting,
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`printing, photostatic or photographic means, magnetic impulse, tape, computer disk, CD-ROM or
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`any other form of electronically stored information, and all other tangible things which come
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`within the meaning of “writing” contained in Rule 1001 of the Federal Rules of Evidence, or
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`within the meaning of “document” or “tangible thing” contained in Rule 34 of the Federal Rules
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`of Civil Procedure.
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`1.5
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`Producing Party: The term “Producing Party” shall mean any party to this action or
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`any third party, including their respective counsel, retained experts, directors, officers,
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`employees, or agents, who produce any Discovery Material.
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`1.6
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`Protected Information: The term “Protected Information” refers collectively to
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`materials designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” or
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`“HIGHLY CONFIDENTIAL – SOURCE CODE.”
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`1.7
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`Receiving Party: The term “Receiving Party” shall mean any party to this action,
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`including its counsel, retained experts, directors, officers, employees, or agents, who receives
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`any Discovery Material in this action.
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`1.8
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`Scope: The scope of this Order shall be understood to encompass not only
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`Protected Information which is expressly designated as “HIGHLY CONFIDENTIAL –
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`ATTORNEYS’ EYES ONLY” or “HIGHLY CONFIDENTIAL – SOURCE CODE,” but also
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`any information derived therefrom, including all copies, excerpts, and summaries thereof,
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`whether partial or complete, as well as testimony and oral conversations which reveal all or part
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`of that information.
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`1.9
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`Source Code: A producing party may designate as “HIGHLY CONFIDENTIAL –
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`SOURCE CODE” Discovery Material representing computer code that defines or otherwise
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`describes the algorithms or structure of software or hardware designs (hereinafter referred to as
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`“Source Code”). Source Code includes source code, object code, microcode, register transfer
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`language, firmware, and hardware description language, as well as any and all programmer
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`notes, annotations, and other comments of any type related thereto and accompanying the code.
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`For avoidance of doubt, this includes, but is not limited to, source files, make files, intermediate
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`output files, executable files, header files, resource files, library files, module definition files,
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`map files, object files, linker files, browse info files, debug files, and files containing source code
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`written in C, C++, Java, assembler, VHDL, Verilog, SQL, and any other human readable text
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`programming languages. Documents describing how source code operates will not be stamped as
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`HIGHLY CONFIDENTIAL – SOURCE CODE solely for the purpose of limiting access under
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`section 2.4 To the extent documents (for example, PowerPoints or Word documents) contain
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`lines of source code, the Producing Party may elect to redact the lines of Source Code in the
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`document—labeled “Redacted Source Code”—and will otherwise produce the document in the
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`normal course of discovery. In the event the Producing Party elects to redact Source Code from
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`documents, the non-redacted versions of those documents will be placed on the Source Code
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`Computer for review by the Receiving Party.
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`2
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`INFORMATION SUBJECT TO THIS ORDER
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`2.1
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`Documents and other things containing Confidential Information will be treated as
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`follows:
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`2.1.1
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`Any Confidential Information obtained by any party from any person
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`pursuant to discovery in this litigation may be used only for purposes of this litigation.
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`2.1.2
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`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 “HIGHLY
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`CONFIDENTIAL – ATTORNEYS’ EYES ONLY” or “HIGHLY CONFIDENTIAL – SOURCE
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`CODE.”
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`2.1.3
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`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 Section 2.1.2, shall be
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`designated by the Producing Party by informing the Receiving Party of the designation in
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`writing.
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`2.1.4
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`Any document (or physical object) 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 designated at the
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`time of inspection) and shall be subject to this Order. Thereafter, the Producing Party shall have
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`a reasonable time to review and designate the appropriate documents as Confidential Information
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`(or otherwise as appropriate) prior to furnishing copies to the Receiving Party.
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`2.2
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`The following information is not Confidential Information:
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`2.2.1
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`Any information that is or, after its disclosure to a Receiving Party,
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`becomes part of the public domain as a result of publication not involving a violation of this
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`Order or other obligation to maintain the confidentiality of such information;
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`2.2.2
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`Any information that the Receiving Party can show was already publicly
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`known prior to the disclosure; and,
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`2.2.3
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`Any information that the Receiving Party can show by written records
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`was received by it from a source who obtained the information lawfully and under no
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`obligation of confidentiality to the Producing Party.
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`2.3
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`Discovery Material designated “HIGHLY CONFIDENTIAL – ATTORNEYS’
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`EYES ONLY” or “HIGHLY CONFIDENTIAL – SOURCE CODE” and information contained
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`therein shall be available only to:
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`2.3.1
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`Subject to Section 4, infra, outside litigation counsel of record for this
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`action and supporting personnel employed in the law firm(s) of outside litigation counsel of
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`record, such as attorneys, paralegals, legal translators, legal secretaries, and legal clerks.
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`2.3.2
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`Subject to Section 4, infra, experts and their necessary support
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`personnel, subject to the provisions of Section 3 herein, and who have signed the form attached
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`hereto as Attachment A; the term “expert” shall mean independent outside expert witnesses or
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`consultants (i.e., not employees of a party) retained for this action with whom counsel may
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`deem it necessary to consult.
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`2.3.3
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`The Court, its personnel, jurors, and stenographic reporters (under seal or
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`with other suitable precautions determined by the Court); and,
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`2.3.4
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`Independent litigation support services reasonably necessary to assist
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`counsel with the litigation of this action, including legal translators retained to translate in
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`connection with this action; independent stenographic reporters and videographers retained to
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`record and transcribe testimony in connection with this action; graphics, translation, or design
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`services retained by counsel for purposes of preparing demonstrative or other exhibits for
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`deposition, trial, or other court proceedings in this action; independent litigation and
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`eDiscovery support personnel retained in connection with this action; and jury or trial
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`consulting services.
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`2.4
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`Source Code
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`2.4.1
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`Treatment of Source Code. To the extent that any party wishes to obtain
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`access to Protected Information designated as “HIGHLY CONFIDENTIAL – SOURCE CODE,”
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`the following procedures shall apply:
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`2.4.2
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`The Producing Party shall make Protected Information designated as
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`“HIGHLY CONFIDENTIAL – SOURCE CODE” available for inspection on a stand-alone,
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`non-networked personal computer running a reasonably current version of the Microsoft
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`Windows operating systems (“Source Code Computer”). The Source Code Computer shall
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`have disk encryption and be password protected. The Source Code Computer shall be locked
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`down so that peripheral devices cannot be connected to the Source Code Computer by the
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`Receiving Party. The Source Code Computer will be configured by the Producing Party to run
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`software utilities which will allow counsel and experts to view, search, or analyze the Source
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`Code; provided that such utilities are reasonable, reasonably available to the Producing Party,
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`and non-destructive to the source code. The Receiving Party may request that other mutually
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`agreeable commercially available software tools for viewing and searching Source Code be
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`installed on the Source Code Computer, provided that such other software tools are reasonably
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`necessary for the Receiving Party to perform its review of the Source Code consistent with all
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`of the protections herein. The Receiving Party must provide the Producing Party with the
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`licensed software tools at least three (3) business days in advance of the date upon which the
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`Receiving Party wishes to have the additional software tools available for use on the Source
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`Code Computer. Such tools can be provided by any reasonable method including a link, an
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`installation file, a drive, CD or DVD.
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`2.4.3
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`The Producing Party shall make the Source Code available electronically
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`and in text searchable form in a secure room at a U.S. office of its outside counsel for the
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`Producing Party or a mutually agreed alternative location.
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`2.4.4
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`The Source Code Computer shall be made available to a Receiving Party
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`for the inspection of Source Code from 9 am to 5:30 pm (in the time zone where the Source
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`Code Computer is made available), Monday through Friday (excluding holidays), and other
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`mutually agreed upon days and/or times, upon reasonable request until the close of fact and
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`expert discovery in this action.
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`2.4.5
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`For the first day that counsel for the Receiving Party requests a review of
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`the Source Code Computer, it must give at least five (5) business days notice to the counsel for
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`the Producing Party that it will be sending individual(s) authorized to review the Source Code
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`made available on the Source Code Computer. The Receiving Party shall provide three (3) days
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`notice prior to any additional inspections. Each notice shall include the name and title for every
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`individual who will attend the review. Access shall be limited to outside counsel and up to
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`three (3) independent consultants or experts retained for the purpose of this litigation.
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`2.4.6
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`Proper identification of all authorized persons shall be provided prior to
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`any access to the secure facility or the Source Code Computer. Proper identification is hereby
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`defined as a photo identification card sanctioned by the government of a U.S. state or by the
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`United States federal government. Access to the secure facility or the Source Code Computer
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`may be denied, at the discretion of the Producing Party, to any individual who fails to provide
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`proper identification. The Producing Party shall maintain a Source Code access log identifying,
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`for each and every time any Source Code is viewed, accessed, or analyzed: (1) the name of
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`each person who accessed the Source Code; (2) the date and time of access; (3) the length of
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`time of access: and (4) whether any hard copies of any portion of Source Code were printed.
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`2.4.7
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`Use or possession of any outside electronic input/output device (e.g.,
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`USB memory stick, mobile phone, tablet, personal digital assistants, Blackberries, Dictaphones,
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`voice recorders, external or portable telephone jack, camera or any camera enabled device, CD,
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`floppy disk, portable hard drive, laptop, or any device that can access the Internet or any other
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`network or external system) is prohibited while accessing the Source Code Computer—except
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`that the Receiving Party’s counsel and experts may bring a laptop, tablet, and/or smartphone
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`into the Source Code review room provided that any camera has been physically covered (e.g.
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`with black electrical tape) or disabled. Receiving Party counsel will make such laptop, tablet
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`and/or smartphone available for inspection (to confirm that the camera has been covered and/or
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`disabled) prior to and during any source code review. Additionally, all persons entering the
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`secure facility must agree to submit to reasonable security measures to ensure they are not
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`carrying any prohibited items before they will be given access to the Source Code Computer.
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`The Producing Party may periodically “check in” on the activities of the Receiving Party
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`during any Source Code review and may visually monitor the activities of the Receiving Party
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`from outside the room in which the Source Code Computer is located, but only to ensure that
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`(1) no unauthorized electronic records of the Source Code and no information concerning the
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`Source Code are being created or transmitted in any way and/or (2) no electronic device has
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`access to a camera during the Source Code review. The Producing Party must remain at such a
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`distance as to avoid viewing notes or other work product generated by the Receiving Party and
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`at such a distance to allow the Receiving Party to carry on quiet conversation without being
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`overheard by the Producing Party. This distance requirement does not prevent or prohibit the
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`Producing Party from checking and/or confirming that no electronic device has access to a
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`camera during the Source Code review.
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`Following review of the Source Code Computer, the Receiving Party
`2.4.8
`may request that the Producing Party print and produce paper copies of limited portions of the
`Source Code if it is reasonably necessary for the preparation of contentions, court filings,
`expert reports, deposition, or trial. The Receiving Party may request printing of 1200 pages
`total, with no more than 40 contiguous pages. If the Receiving Party reasonably believes it is
`necessary to print more, the parties shall meet and confer in good faith to resolve the issue. To
`ensure the proper pages requested are printed, the Producing Party will provide the ability for
`the Receiving Party to save files for printing as PDFs to a folder on the Source Code Computer
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`and the Receiving Party will identify source code files for printing by saving the files in the
`folder on the Source Code Computer for printing. Within seven (7) days of a request, the
`Producing Party shall either (i) produce the requested printouts to the Receiving Party; or (ii)
`inform the Requesting Party that it objects to the request as excessive or not submitted for a
`permitted purpose. If the Producing Party objects, the parties shall meet and confer to attempt
`to resolve the objection within seven (7) days of the objection. If after meeting and conferring
`the Producing Party and the Receiving Party cannot resolve the objection (where such meet-
`and-confer need not take place in person), the Producing Party shall contact the Court’s Case
`Manager to schedule a conference or hearing to seek relief by way of a protective order from
`the Court. The parties agree to cooperate in good faith to shorten the time frames set forth in
`this paragraph if necessary to abide by any discovery or briefing schedules. For the avoidance
`of doubt, printing of Source Code shall not be used as a substitute for review of the Source
`Code in the first instance on the Source Code Computer.
`2.4.9
`The Producing Party will affix the proper Bates labeling and
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`confidentiality designation to any printed copies to be produced to the Receiving Party and
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`mark such printed copies file names and line numbers that correspond to the file names and line
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`numbers visible during inspection of the Source Code Computer. Printouts of Source Code may
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`only be made by the Producing Party. Before the first set of printed copies are made, the parties
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`will negotiate in good faith a reasonable number of copies and the format of copies.
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`2.4.10
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`The Receiving Party’s outside counsel of record, experts or consultants
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`must maintain and store any paper copies of the Source Code or any notes, analyses, or
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`descriptions of Source Code (“Source Code Material”) under their direct control in a secured
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`locked area at their offices in a manner that prevents unauthorized access to the Source Code
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`Material. The Receiving Party may also temporarily keep Source Code Material at (i) the Court
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`during proceedings related to the Source Code, (ii) the sites where any depositions relating to
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`the Source Code are taken, on the dates of the depositions, and (iii) if in a secured locked
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`container, any secure intermediate location reasonably necessary to transport the printouts (e.g.,
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`a hotel prior to a Court proceeding or deposition). The Source Code Material may only be
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`delivered by the Receiving Party at the direction of a person authorized under section 2.3 above
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`to another person authorized under section 2.3, on paper via hand carry. If reasonably
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`necessary, the Receiving Party may choose to transmit electronic copies of the Source Code
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`Material to another person authorized under section 2.3 if the electronic copies are encrypted.
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`Source Code Material may not otherwise be transported or transmitted over a network of any
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`kind, including a LAN, intranet, or the Internet. Source Code Material may only be transported
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`for the purposes outlined in this section and subject to the restrictions set forth herein.
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`2.4.11
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`Any paper copies used during a deposition shall be retrieved by the
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`Producing Party at the end of each day and must not be given to or left with a court reporter or
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`any other unauthorized individual. Source Code printouts that are marked as deposition exhibits
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`shall not be attached to deposition transcripts; rather, the deposition record will identify the
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`exhibit by its production numbers.
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`2.4.12
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`The Receiving Party’s outside counsel of record, experts or consultants
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`must not copy, photograph, or otherwise reproduce any Source Code while inspecting the
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`Source Code on the Source Code Computer. Nothing in this section prevents the Receiving
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`Party’s outside counsel of record, experts or consultants from taking notes but they may not
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`copy any portion of the Source Code into the notes. Additionally, as set forth above in Section
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`2.4.8, the Receiving Party’s outside counsel of record, experts or consultants may request
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`printouts of portions of the Source Code.
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`2.4.13
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`The Receiving Party shall maintain a log with respect to all copies of
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`Source Code in its possession or in the possession of its retained experts or consultants,
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`including the names of the recipients of any copies and the locations where the copies are
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`stored. A copy of the log must be made available for inspection by the Producing Party at the
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`Producing Party’s request.
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`2.4.14
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`Within thirty (30) days after the issuance of a final, non-appealable
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`decision resolving all issues in the case, the Receiving Party must serve upon the Producing
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`Party the log and serve upon the Producing Party a written confirmation that all paper copies of
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`the Producing Party’s Source Code as well as documents, pleadings, reports, and notes
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`reflecting or referring to such Source Code have been destroyed.
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`2.4.15
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`Access to and review of the Source Code shall be strictly for the purpose
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`of investigating the claims and defenses at issue in the above-captioned case. No person shall
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`review or analyze any Source Code for purposes unrelated to this case, nor may any person use
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`any knowledge gained as a result of reviewing Source Code in this case for any other purpose,
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`including in any other pending or future dispute, proceeding, or litigation.
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`3 DISCLOSURE OF EXPERT WITNESSES AND CONSULTING EXPERTS
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`3.1
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`Subject to the provisions of this Order, information designated by the Producing
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`Party under any category of Protected Information may be furnished and disclosed to a
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`Receiving Party’s expert (either a testifying expert or consulting expert) and their necessary
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`support personnel pursuant to the approval process described below.
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`3.2
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`The party desiring to disclose a Producing Party’s Protected Information to an
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`expert must provide the following information to the Producing Party:
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`3.2.1
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`An executed version of Attachment A for that expert;
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`3.2.2
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`A disclosure setting forth the name, address, curriculum vitae, and current
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`employer of that expert.
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`3.2.3
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`A disclosure of each person or entity from whom the expert has received
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`compensation or funding for work in his or her areas of expertise or to whom the expert has
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`provided professional services for the preceding five (5) years.
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`3.2.4
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`A disclosure of any litigation in connection with which the expert has
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`offered expert testimony for the preceding five (5) years.
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`3.3
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`The Producing Party shall have seven (7) days after receiving the information
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`identified in the preceding section to object in writing to the disclosure. No Protected
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`Information shall be disclosed to such expert(s) until after the expiration of the foregoing notice
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`period and resolution of any objection.
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`3.4
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`A party objecting to disclosure of Protected Information to an expert shall state
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`with particularity the ground(s) of the objection. The objecting party’s consent to the disclosure
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`of Protected Information to an expert shall not be unreasonably withheld, and its objection must
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`be based on that party’s good faith belief that disclosure of its Protected Information to the expert
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`will result in specific business or economic harm to that party.
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`3.5
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`If the Producing Party objects, the parties shall meet and confer to attempt to
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`resolve the objection within seven (7) days of the objection. If after meeting and conferring the
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`Producing Party and the Receiving Party cannot resolve the objection (where such meet-and-
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`confer need not take place in person), the Producing Party shall contact the Court’s Case
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`Manager to schedule a conference or hearing to seek relief by way of a protective order from the
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`Court. The Producing Party shall have the burden of showing to the Court “good cause” for
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`preventing the disclosure of its Protected Information to the expert. If the Producing Party fails to
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`seek relief from the Court within fourteen (14) days of the meet and confer, such failure shall
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`operate as an approval of disclosure of Protected Information to the expert. The parties agree to
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`cooperate in good faith to shorten the time frames set forth in this paragraph if necessary to abide
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`by any discovery or briefing schedules.
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`4
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`PROHIBITED ACTIVITIES BY PERSONS WITH ACCESS TO PROTECTED
`INFORMATION
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`Persons described in Section 2.3.1 and Section 2.3.2 who receive Protected Information
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`shall not, during the pendency of this action or for two years after its conclusion (including any
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`appeals), be involved in:
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`4.1
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`Patent-Prosecution-Related Work for any party or its Affiliates including:
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`4.1.1
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`the drafting, directing of drafting, or providing input into the drafting of
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`patent claims relating to the claimed subject matter in the patents asserted in this action, any
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`patent or application claiming priority to the patents asserted in this action, or systems, methods
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`and apparatuses for voice user interfaces with natural language understanding; or
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`4.1.2
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`the representation of a patent applicant or patent owner before any patent
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`office in connection with the prosecution, ex parte reexamination, inter partes review, post-grant
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`review or reissue proceeding of a patent relating to the subject matter outlined in section 4.1.1.
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`above, except as set forth below. For avoidance of doubt, this does not preclude representation of
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`a party challenging a patent before a domestic or foreign agency, nor does it prohibit counsel for
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`the Receiving Party from participating in and representing the Receiving Party in such
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`proceeding provided that any involvement such counsel has with amending claims would be
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`strictly limited to responding to any argument the Producing Party makes in the proceeding.
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`4.2
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`For the avoidance of doubt, individual outside counsel for the parties and individual
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`support staff who have been exposed to Protected Information may not participate in the
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`activities set forth in Section 4.1 above, but this prohibition shall not apply to individual outside
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`counsel for the parties and individual support staff to whom neither the substance nor the content
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`of Protected Information has been disclosed provided that counsel creates an “ethical wall”
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`between those individuals and individuals with access to Protected Information.
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`5 CHALLENGES TO CONFIDENTIALITY DESIGNATIONS
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`5.1
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`The parties shall use reasonable care when designating documents or information
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`as Protected Information. Nothing in this Order shall prevent a Receiving Party from contending
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`that any documents or information designated as Protected Information have been improperly
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`designated. A Receiving Party may at any time request that the Producing Party cancel or modify
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`the Protected Information designation with respect to any document or information contained
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`therein.
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`5.2
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`A party shall not be obligated to challenge the propriety of a designation of any
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`category of Protected Information at the time of production, and a failure to do so shall not
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`preclude a subsequent challenge thereto. Such a challenge shall be written, shall be served on
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`counsel for the Producing Party, and shall particularly identify the documents or information that
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`the receiving party contends should be differently designated. The parties shall use their best
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`efforts to resolve promptly and informally such disputes. If an agreement cannot be reached, the
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`Receiving Party shall request that the Court cancel or modify a designation. The burden of
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`demonstrating the confidential nature of any information shall at all times be and remain on the
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`Producing Party.
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`5.3
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`Until a determination by the Court, the information at issue shall be treated as having
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`been properly designated and subject to the terms of this Order.
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`6 LIMITATIONS ON THE USE OF PROTECTED INFORMATION
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`6.1
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`All Protected Information shall be held in confidence by each person to whom it is
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`disclosed, shall be used only for purposes of this litigation, shall not be used for any other
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`purpose or in connection with any other legal proceeding, and shall not be disclosed to any
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`person who is not entitled to receive such information as herein provided. All produced Protected
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`Information shall be securely maintained so as to preclude access by persons who are not entitled
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`to receive such information.
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`6.2
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`Except as may be otherwise ordered by the Court, any person may be examined as a
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`witness at depositions and trial and may testify concerning all Protected Information of which
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`such person has prior knowledge subject to the restrictions and provisions herein:
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`6.2.1
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`A present director, officer, and/or employee of a Producing Party may be
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`examined and may testify concerning all Protected Information which has been produced by that
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`party and of which the witness has personal knowledge;
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`6.2.2
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`A former director, officer, agent and/or employee of a Producing Party
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`may be examined and may testify concerning all Protected Information of which he or she has
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`personal knowledge if he or she has executed the “Acknowledgment and Agreement to Be
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`Bound” that is attached hereto as Exhibit A or if Section 6.2.3 applies; and
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`6.2.3
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`Non-parties may be examined or testify concerning any document
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`containing Protected Information of a Producing Party which appears on its face to have been
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`received from or communicated to the non-party as a result of any contact or relationship with
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`the Producing Party, was attached to such a document, or is a document that the non-party
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`testifies to having prior knowledge of.
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`6.2.4
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`Any person other than the witness, his or her attorney(s), or any person
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`qualified to receive Protected Information under this Order shall be excluded from the portion of
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`the examination concerning such information, unless the Producing Party consents to persons
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`other than qualified recipients being present at the examination. If the witness is represented by
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`an attorney who is not qualified under this Order to receive such information, then prio