Case 1:22-cv-22706-RNS Document 184-1 Entered on FLSD Docket 06/19/2023 Page 1 of 32
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE SOUTHERN DISTRICT OF FLORIDA
`Civil Action No. 1:22-CV-22706-RNS
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`BELL NORTHERN RESEARCH, LLC,
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`Plaintiff,
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`v.
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`HMD AMERICA, INC., HMD GLOBAL OY,
`SHENZHEN CHINO-E COMMUNICATION
`CO. LTD., WINGTECH TECHNOLOGY CO.
`LTD., WINGTECH INTERNATIONAL, INC.,
`BEST BUY CO., INC., BEST BUY STORES
`L.P., TARGET CORP., WALMART INC.,
`
`Defendants.
`
`JURY TRIAL DEMANDED
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`

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`Case 1:22-cv-22706-RNS Document 184-1 Entered on FLSD Docket 06/19/2023 Page 2 of 32
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`STIPULATED PROTECTIVE ORDER
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`IT IS HEREBY STIPULATED AND AGREED, pursuant to Rule 26(c) of the Federal
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`Rules of Civil Procedure and subject to the approval of the Court, by and between the parties and
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`by their respective undersigned counsel, that this Stipulation and Order shall govern the handling
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`of documents, depositions, deposition exhibits, interrogatory responses, admissions, and any other
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`information produced, given, or exchanged by and among the parties and any non-parties to the
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`above-captioned action.
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`Accordingly, based upon the agreement of the parties, IT IS HEREBY ORDERED
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`pursuant to Rule 26(c) of the Federal Rules of Civil Procedure that the following procedures shall
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`be adopted for the protection of confidential and proprietary information:
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`Case 1:22-cv-22706-RNS Document 184-1 Entered on FLSD Docket 06/19/2023 Page 3 of 32
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`PROCEDURES FOR PROTECTION OF CONFIDENTIAL
`AND PROPRIETARY INFORMATION
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`1.
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`DEFINITIONS
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`1.1
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`Challenging Party: A Party that challenges the designation of information or items
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`under this Order.
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`1.2
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`“CONFIDENTIAL” Information or Items: A Party’s information (regardless of
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`how it is generated, stored, or maintained) or tangible things that qualify for protection under
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`Federal Rule of Civil Procedure 26(c)(1)(G).
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`1.3
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`Counsel (without qualifier): Outside Counsel of Record (as well as their support
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`staff).
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`1.4
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`Designating Party: A Party or Non-Party that designates information or items that
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`it produces in disclosures or in responses to discovery as “CONFIDENTIAL” or “HIGHLY
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`CONFIDENTIAL – ATTORNEYS’ EYES ONLY” or “HIGHLY CONFIDENTIAL – SOURCE
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`CODE.”
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`1.5
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`Disclosure or Discovery Material: All items or information, regardless of the
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`medium or manner in which it is generated, stored, or maintained (including, among other things,
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`testimony, transcripts, and tangible things), that are produced or generated in disclosures or
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`responses to discovery in the above-captioned action.
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`1.6
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`Expert: A person with specialized knowledge or experience in a matter pertinent to
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`the above-captioned action who (1) has been retained by a Party or its counsel to serve as an expert
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`witness or as a consultant in the above-captioned action, (2) is not a current employee of a Party
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`or of a Party’s competitor, and (3) at the time of retention, is not anticipated to become an employee
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`of a Party or of a Party’s competitor.
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`1.7
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`“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information or
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`Items: A Party’s information that is more sensitive than “CONFIDENTIAL Information or Items,”
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`the disclosure of which is likely to significantly harm that Party’s competitive position, or the
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`disclosure of which would contravene an obligation of confidentiality, including particularly
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`sensitive confidential information that a Party believes in good faith cannot be disclosed without
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`threat of injury because such information contains trade secret or other proprietary or commercially
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`sensitive information.
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`1.8
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`“HIGHLY CONFIDENTIAL – SOURCE CODE” Information or Items: A Party’s
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`information that is more sensitive than “CONFIDENTIAL Information or Items” representing any
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`source code, human-readable programming language text that defines software, firmware, or
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`electronic hardware descriptions, object code, Register Transfer Level (“RTL”) files, VHDL,
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`Verilog, and other Hardware Description Language (“HDL”) files, or other hardware description
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`language, live data (i.e., data as it exists residing in a database or databases), or pseudo-source
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`code (i.e., a notation resembling a programming language but not intended for actual compilation,
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`which usually combines some of the structure of a programming language with an informal
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`natural-language description of the computations to be carried out), and associated comments and
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`revision histories.
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`1.9
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`In-House Counsel: Attorneys who are employees of a Party to the above-captioned
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`action. In-House Counsel does not include Outside Counsel of Record or any other outside
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`counsel.
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`1.10 Non-Party: Any natural person, partnership, corporation, association, or other legal
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`entity not named as a Party to an above-captioned action in question.
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`1.11 Outside Counsel of Record: Attorneys who are not employees of a Party to the
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`above-captioned action but are retained to represent or advise a Party to that action and have
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`appeared in the action on behalf of that Party or are affiliated with a law firm which has appeared
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`on behalf of that Party.
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`1.12
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`Party: A named party to an above-captioned action, including all of its officers,
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`directors, employees, consultants, retained experts, and Outside Counsel of Record (and their
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`support staffs).
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`1.13
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`Producing Party: A Party or Non-Party that produces Disclosure or Discovery
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`Material in an above-captioned action.
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`1.14
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`Professional Vendors: Persons or entities that provide litigation support services
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`(e.g., photocopying, videotaping,
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`translating, oral
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`interpreting, preparing exhibits or
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`demonstrations, and organizing, storing, or retrieving data in any form or medium) and their
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`employees and subcontractors.
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`1.15
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`Protected Material: Any Disclosure or Discovery Material that is designated as
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`“CONFIDENTIAL,” or as “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” or as
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`“HIGHLY CONFIDENTIAL – SOURCE CODE.”
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`1.16 Receiving Party: A Party that receives Disclosure or Discovery Material from a
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`Producing Party.
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`1.17 Relevant Technology: System and method for conserving battery power in a mobile
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`station; backward-compatible long training sequences for wireless communication networks;
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`efficient feedback of channel information in a closed loop beamforming wireless communication
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`system; method and system for frame formats for MIMO channel measurement exchange;
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`automatic handoff for wireless piconet multimode cell phone; theft alarm in mobile device;
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`proximity regulation system for use with a portable cell phone and a method of operation thereof;
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`multi-chip package having a contiguous heat spreader assembly; multi chip module; method and
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`apparatus for channel traffic congestion avoidance in a mobile communication system; prioritizing
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`RACH message contents.
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`2.
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`SCOPE
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`The protections conferred by this Stipulation and Order cover not only Protected Material
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`(as defined above), but also (1) any information copied or extracted from Protected Material;
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`(2) all copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony,
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`conversations, or presentations by Parties or their Counsel that might reveal Protected Material.
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`However, the protections conferred by this Stipulation and Order do not cover the following
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`information: (a) any information that is in the public domain at the time of disclosure to a
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`Receiving Party or becomes part of the public domain after its disclosure to a Receiving Party as
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`a result of publication not involving a violation of this Order, including becoming part of the public
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`record through trial or otherwise; and (b) any information known to the Receiving Party prior to
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`the disclosure or obtained by the Receiving Party after the disclosure from a source who obtained
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`the information lawfully and under no obligation of confidentiality to the Designating Party.
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`For clarity, nothing herein shall affect the right of the Designating Party to disclose to its
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`officers, directors, employees, attorneys, consultants or Experts, or to any other person, its own
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`information. Such disclosure shall not waive the protections of this Protective Order and shall not
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`entitle other Parties or their attorneys to disclose such information in violation of it, unless by such
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`disclosure of the Designating Party the information becomes public knowledge. Similarly, the
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`Protective Order shall not preclude a Party from showing its own information to its officers,
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`directors, employees, attorneys, consultants, or experts, or to any other person, which information
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`has been filed under seal by another Party.
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`Any use of Protected Material at trial shall be governed by a separate agreement or order.
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`3.
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`DURATION
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`Even after final disposition of the above-captioned action, the confidentiality obligations
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`imposed by this Order shall remain in effect until a Designating Party agrees otherwise in writing
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`or a court order otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal
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`of all claims and defenses in an action, with or without prejudice; and (2) final judgment herein
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`after the completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of that
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`action, including the time limits for filing any motions or applications for extension of time
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`pursuant to applicable law.
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`4.
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`DESIGNATING PROTECTED MATERIAL
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`4.1
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`Exercise of Restraint and Care in Designating Material for Protection. Each Party
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`or Non-Party that designates information or items for protection under this Order must take care
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`to limit any such designation to material that qualifies under the appropriate standards. To the
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`extent it is practical to do so, the Designating Party must designate for protection only those parts
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`of material, documents, items, or oral or written communications that qualify—so that other
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`portions of the material, documents, items, or communications for which protection is not
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`warranted are not swept unjustifiably within the ambit of this Order.
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`4.2 Manner and Timing of Designations. Except as otherwise provided in this Order
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`(see, e.g., second paragraph of Section 4.2(a) below), or as otherwise stipulated or ordered,
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`Disclosure or Discovery Material that qualifies for protection under this Order must be clearly so
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`designated before the material is disclosed or produced.
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`Designation in conformity with this Order requires:
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`(a)
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`For information in documentary form (e.g., paper or electronic documents,
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`but excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing
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`Party affix the legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’
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`EYES ONLY” or “HIGHLY CONFIDENTIAL – SOURCE CODE” to each page that contains
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`protected material.
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`A Party or Non-Party that makes original documents or materials available for inspection
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`need not designate them for protection until after the inspecting Party has indicated which material
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`it would like copied and produced. During the inspection and before the designation, all of the
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`material made available for inspection shall be deemed “HIGHLY CONFIDENTIAL –
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`ATTORNEYS’ EYES ONLY.” After the inspecting Party has identified the documents it wants
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`copied and produced, the Producing Party must determine which documents, or portions thereof,
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`qualify for protection under this Order. Then, before producing the specified documents, the
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`Producing Party must affix the appropriate legend (“CONFIDENTIAL” or “HIGHLY
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`CONFIDENTIAL – ATTORNEYS’ EYES ONLY” or “HIGHLY CONFIDENTIAL – SOURCE
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`CODE”) to each page that contains Protected Material.
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`(b)
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`For testimony given in deposition or in other pretrial or trial proceedings,
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`that the Designating Party identify on the record, before the close of the deposition, hearing, or
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`other proceeding, or within twenty-one (21) calendar days after receipt of the final transcript, all
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`protected testimony and specify the level of protection being asserted. When it is impractical to
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`identify separately each portion of testimony that is entitled to protection and it appears that
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`substantial portions of the testimony may qualify for protection, the Designating Party may invoke
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`on the record (before the deposition, hearing, or other proceeding is concluded, or within twenty-
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`one (21) calendar days after receipt of the final transcript) a right to place the entirety of the
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`testimony under the protection of this Order. A Party may designate deposition, pretrial, or trial
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`testimony as “CONFIDENTIAL,” “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
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`ONLY,” or “HIGHLY CONFIDENTIAL – SOURCE CODE,” by making such designations on
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`the record at the proceedings or by advising the opposing Party and the stenographer and
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`videographer in writing, within twenty-one (21) calendar days after receipt of the final transcript,
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`that the information is “CONFIDENTIAL,” “HIGHLY CONFIDENTIAL – ATTORNEYS’
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`EYES ONLY,” or “HIGHLY CONFIDENTIAL – SOURCE CODE.” To the extent that a Party
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`does not make a confidentiality designation on the record, all deposition, pretrial, and trial
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`testimony will be treated as “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” until
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`the expiration of the 21-day period for designation of confidentiality.
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`To the extent possible, Parties shall give the other parties notice if they reasonably expect
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`a deposition, hearing, or other proceeding to include Protected Material so that the other parties
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`can ensure that only authorized individuals who have signed the “Acknowledgment and
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`Agreement to Be Bound” (Exhibit A) are present at those proceedings. The use of a document as
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`an exhibit at a deposition shall not in any way affect its designation as “CONFIDENTIAL,”
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`“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY,”
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`and “HIGHLY
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`CONFIDENTIAL – SOURCE CODE.” If a person present at a deposition, hearing, or other
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`proceeding
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`is
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`not
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`authorized
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`under
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`this
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`Protective Order
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`to
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`receive
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`“CONFIDENTIAL,”“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” and
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`“HIGHLY CONFIDENTIAL – SOURCE CODE” information to be disclosed by counsel or the
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`witness under the terms of this Protective Order, that person shall leave the room or video while
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`such information is being disclosed or used during the deposition, hearing, or other proceeding.
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`Transcripts containing Protected Material shall have an obvious legend on the title page
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`that the transcript contains Protected Material, and the level of protection being asserted by the
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`Designating Party. If a party wishes to disclose purportedly non-confidential material from a
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`transcript marked “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS EYES
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`ONLY,” the party shall identify the pages and lines in question to obtain agreement on disclosure
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`of only those non-confidential lines of transcript.
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`(c)
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`For information produced in some form other than documentary and for any
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`other tangible items, that the Producing Party affix in a prominent place on the exterior of the
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`container or containers in which the information or item is stored the legend “CONFIDENTIAL,”
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`“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” or “HIGHLY CONFIDENTIAL
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`– SOURCE CODE.” If only a portion or portions of the information or item warrant protection,
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`the Producing Party, to the extent practicable, shall identify the protected portion(s) and specify
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`the level of protection being asserted.
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`4.3
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`Inadvertent Failures to Designate. If timely corrected after recognition by a
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`Producing Party of an inadvertent failure to designate, an inadvertent failure to designate qualified
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`information or items does not, standing alone, waive the Producing Party’s right to secure
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`protection under this Order for such material. For purposes of clarity, a failure to designate
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`information as “CONFIDENTIAL,” “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
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`ONLY,” or “HIGHLY CONFIDENTIAL – SOURCE CODE” at the time of production or within
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`the 21-day transcription designation period does not constitute forfeiture of a claim of
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`confidentiality as to any information, document, thing, interrogatory answer, admission, pleading,
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`or testimony. Upon timely correction of a designation after recognition by a Producing Party, the
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`Receiving Party must make reasonable efforts to assure that the material is treated in accordance
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`with the provisions of this Order.
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`4.4
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`Right to Seek Additional Protections. This Order is entered without prejudice to the
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`right of any Party to seek additional protections from the Court as may be necessary under
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`particular circumstances.
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`5.
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`CHALLENGING CONFIDENTIALITY DESIGNATIONS
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`5.1
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`Timing of Challenges. Any Party may challenge a designation of confidentiality at
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`any time. A Party does not waive its right to challenge a confidentiality designation by electing
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`not to mount a challenge promptly after the original designation is disclosed.
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`5.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution process
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`by providing written notice of each designation it is challenging and describing the basis for each
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`challenge. To avoid ambiguity as to whether a challenge has been made, the written notice must
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`recite that the challenge to confidentiality is being made in accordance with this specific paragraph
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`of the Protective Order. The parties shall attempt to resolve each challenge in good faith and must
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`begin the process by conferring (in oral dialogue; other forms of communication are not sufficient)
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`within fourteen (14) days of the date of service of notice. In conferring, the Challenging Party must
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`explain the basis for its belief that the confidentiality designation was not proper and must give the
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`Designating Party an opportunity to review the designated material, to reconsider the
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`circumstances, and, if no change in designation is offered, to explain the basis for the chosen
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`designation. A Challenging Party may proceed to the next stage of the challenge process only if it
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`has engaged in this meet-and-confer process first or establishes that the Designating Party is
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`unwilling to participate in the meet-and-confer process in a timely manner.
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`5.3
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`Judicial Intervention. If the Parties cannot resolve a challenge without court
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`intervention, the Challenging Party shall contact the Court within twenty-one (21) days of the
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`initial notice of challenge in accordance with the procedures set forth in Magistrate Judge
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`Goodman’s Discovery Procedures Order (Dkt. No. 9). Failure by the Challenging Party to contact
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`the Court within twenty-one (21) days shall automatically waive a challenge to the confidentiality
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`designation for each challenged designation.
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`The burden of persuasion in any such challenge proceeding shall be on the Designating
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`Party. The information shall remain subject to the original designation until the Court rules on the
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`dispute. A Party’s failure to contest a designation of information is not an admission that the
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`information was properly designated as such, nor is a Party under any obligation to challenge
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`designations within a set period of time after production.
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`6.
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`ACCESS TO AND USE OF PROTECTED MATERIAL
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`6.1
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`Basic Principles. Absent further Order from the Court, the Receiving Party may use
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`Protected Material that is disclosed or produced by another Party or by a Non-Party in connection
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`with an above-captioned action only for prosecuting, defending, or attempting to settle that
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`particular action. Such Protected Material may be disclosed only to the categories of persons and
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`under the conditions described in this Order. When the litigation has been terminated, a Receiving
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`Party must comply with the provisions of Section 14 below (FINAL DISPOSITION).
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`Protected Material must be stored and maintained by a Receiving Party at a location and in
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`a secure manner that ensures that access is limited to the persons authorized under this Order.
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`6.2
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`Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered
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`by the Court or permitted in writing by the Designating Party, a Receiving Party may disclose any
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`information or item designated “CONFIDENTIAL” only to:
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`(a)
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`the Receiving Party’s Outside Counsel of Record in the action in which it
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`is produced, as well as employees of said Outside Counsel of Record to whom it is reasonably
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`necessary to disclose the information for the above-captioned action;
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`(b)
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`employees of a Party whose primary job responsibility is to handle legal
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`matters for the Party (including In-House Counsel, in-house paralegals, and their staff);
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`(c)
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`three (3) current officers, directors, or employees (excluding those
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`identified in paragraph 6.2(b)) of the Receiving Party to whom disclosure is reasonably necessary
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`for the litigation, following identification of such individual to each of the other Parties and
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`approval by the other Parties, such approval not to be unreasonably delayed or withheld, and who
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`have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
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`(d)
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`Experts (as defined in this Order) of the Receiving Party (1) who have
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`signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A), and (2) as to whom the
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`procedures set forth in paragraph 6.5(a), below, have been followed; and the Experts’ staff;
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`(e)
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`(f)
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`the Court and its personnel;
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`court reporters and their staff, translators, professional jury or trial
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`consultants, and Professional Vendors to whom disclosure is reasonably necessary for the above-
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`captioned action; and
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`(g)
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`the author or recipient of a document containing the information or a
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`custodian or other person who otherwise possessed or knew the information or is employed by the
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`Designating Party.
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`6.3
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`Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”
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`Information or Items. Unless otherwise ordered by the Court or permitted in writing by the
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`Designating Party, a Receiving Party may disclose any information or item designated “HIGHLY
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`CONFIDENTIAL – ATTORNEYS’ EYES ONLY” only to:
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`(a)
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`the Receiving Party’s Outside Counsel of Record in the action in which it
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`is produced, as well as employees of said Outside Counsel of Record to whom it is reasonably
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`necessary to disclose the information in the above-captioned action;
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`(b)
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`Experts of the Receiving Party (1) who have signed the “Acknowledgment
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`and Agreement to Be Bound” (Exhibit A), and (2) as to whom the procedures set forth in paragraph
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`6.5(a), below, have been followed; and the Experts’ staff;
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`(c)
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`(d)
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`the Court and its personnel;
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`court reporters and their staff, translators, professional jury or trial
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`consultants, and Professional Vendors to whom disclosure is reasonably necessary for the litigation
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`in which it is produced; and
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`(e)
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`the author or recipient of a document containing the information or a
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`custodian or other person who otherwise possessed or knew the information or is employed by the
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`Designating Party.
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`6.4
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`Disclosure of “HIGHLY CONFIDENTIAL – SOURCE CODE” Information or
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`Items. Unless otherwise ordered by the court or permitted in writing by the Designating Party, a
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`Receiving Party may disclose any information or item designated “HIGHLY CONFIDENTIAL –
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`SOURCE CODE” only to the following persons:
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`(a)
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`the Receiving Party’s Outside Counsel of Record in the above-captioned
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`action in which it is produced as well as employees of such Outside Counsel of Record to whom
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`it is reasonably necessary to disclose the information for that particular litigation;
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`(b)
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`Experts of the Receiving Party (1) who have signed the “Acknowledgment
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`and Agreement to Be Bound” (Exhibit A), and (2) as to whom the procedures set forth in paragraph
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`6.5(a), below, have been followed; and the Experts’ staff;
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`(c)
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`(d)
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`the Court and its personnel;
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`court reporters and their staff to whom disclosure is reasonably necessary
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`for the litigation in which it is produced; and
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`(e)
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`the author or recipient of a document containing the information or a
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`custodian or other person who otherwise possessed or knew the information or is employed by the
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`Designating Party.
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`6.5
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`Procedures for Approving or Objecting to Disclosure of “CONFIDENTIAL,”
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`“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” or “HIGHLY CONFIDENTIAL
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`– SOURCE CODE” Information or Items to Experts.
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`(a)
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`Unless otherwise ordered by the Court or agreed to in writing by the
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`Designating Party, a Receiving Party that seeks to disclose to an Expert (as defined in this Order)
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`any
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`information or
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`item
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`that has been designated “CONFIDENTIAL,” “HIGHLY
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`CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” or “HIGHLY CONFIDENTIAL – SOURCE
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`CODE” pursuant to paragraphs 6.2(d), 6.3(b), and 6.4(b) first must make a written request via e-
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`mail to the Designating Party’s Outside Counsel of Record that (1) sets forth the full name of the
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`Expert and the city and state of his or her primary residence, (2) attaches a copy of the Expert’s
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`current resume, including a list of publications from the past ten (10) years, and (3) identifies (by
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`name and number of the case and location of court) any litigation in connection with which the
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`Expert has offered expert testimony, including through a declaration, report, or testimony at a
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`deposition or trial, during the preceding four (4) years. The Designating Party shall have seven (7)
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`business days after such notice is given to object in writing via e-mail to the Receiving Party’s
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`Outside Counsel of Record that made the written e-mail request disclosing the Expert.
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`(b)
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`A Receiving Party that makes a request and provides the information
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`specified in the preceding’s respective paragraphs shall not disclose the subject Protected Material
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`to the identified Expert until expiration of the 7-day notice period. Any such objection must set
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`forth in detail the grounds on which it is based. If during the notice period the Designating Party
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`serves an objection upon the Receiving Party desiring to disclose Protected Material to the Expert,
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`there shall be no disclosure of Protected Material to such individual pending resolution of the
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`objection.
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`(c)
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`A Receiving Party that receives a timely written objection must meet and
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`confer with the Designating Party (through oral dialogue) to try to resolve the matter by agreement
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`within seven (7) business days after the written objection is served. The Designating Party shall
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`then have ten (10) business days after such objection is served to, if no agreement is reached,
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`contact the Court in accordance with the procedures set forth in Magistrate Judge Goodman’s
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`Discovery Procedures Order (Dkt. No. 9), and no Protected Material from the Designating Party
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`shall be disclosed to the Expert without the Court’s approval. Any motion filed pursuant to this
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`paragraph must describe the circumstances with specificity and set forth in detail the reasons why
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`the disclosure to the Expert should not be made. Furthermore, the Designating Party opposing
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`disclosure to the Expert shall bear the burden of proving that the risk of harm that the disclosure
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`would entail (under the safeguards of this Protective Order) outweighs the Receiving Party’s need
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`to disclose the Protected Material to its Expert.
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`No document designated by a Designating Party as Protected Material shall be disclosed
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`by a Receiving Party to an Expert until after the individual has signed the “Acknowledgment and
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`Agreement to Be Bound” (Exhibit A). Such written agreement shall be retained by the Outside
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`Counsel of Record for the party that has retained the Expert but need not be disclosed to any other
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`Party.
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`6.6
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`It is understood that Outside Counsel of Record for a Party may give advice and
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`opinions to his or her client based on his or her evaluation of information designated
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`“CONFIDENTIAL,” “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” or
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`“HIGHLY CONFIDENTIAL – SOURCE CODE” which is provided from the opposing Party to
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`such Outside Counsel of Record in his or her respective action, provided that such rendering of
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`advice and opinions shall not reveal the content of such information except by prior written
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`agreement with counsel for the Producing Party.
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`7.
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`PROSECUTION BAR
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`7.1
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` Prosecution Bar. Individuals associated with Plaintiff Bell Northern Research,
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`LLC,
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`including Outside Counsel, who personally
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`review any
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`technical HIGHLY
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`CONFIDENTIAL – ATTORNEYS’ EYES ONLY or HIGHLY CONFIDENTIAL – SOURCE
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`CODE Material are prohibited from participating in an administrative proceeding for the
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`examination and reexamination of a patent or patent application insofar as the participation
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`involves input into the drafting, revising or amending of a patent claim related to the Relevant
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`Technology, if such administrative proceeding (e.g., patent application filing) was commenced
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`less than two years following the final termination of this action (including any appeals). This
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`prosecution bar does not prevent an individual from participating in a reexamination, inter partes
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`review, or other post-grant review proceedings involving the patents-at-issue or patents related
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`thereto, except that the individual is prohibited from participating in the drafting of any claim or
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`amendment to any claim of the patents-at-issue or patents related thereto.
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`8.
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`SOURCE CODE
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`8.1
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`To the extent production of source code becomes necessary in this case, a
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`Producing Party may designate source code as “HIGHLY CONFIDENTIAL - SOURCE CODE”
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`if it comprises or includes confidential, proprietary or trade secret source code. Source code
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`includes, but is not limited to, files in programming languages such as C++, Java, and Flash. For
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`the avoidance of doubt, the Producing Party may designate as source code make files, link files,
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`algorithms, pseudocode, and other human-readable files used in the generation, building or
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`compiling of software or firmware and includes all directory and folder structures in which such
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`files are maintained. For clarity, Source Code filenames and directory structures are accorded the
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`same protection that is accorded to actual Source Code. Production or designation of information
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`as “HIGHLY CONFIDENTIAL - SOURCE CODE” shall not be construed as a representation or
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`admission by a party that such information is properly discoverable in this action, nor does the
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`inclusion of the “HIGHLY CONFIDENTIAL - SOURCE CODE” designation as part of this
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`Protective Order obligate any party to produce source code.
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`8.2
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`Protected Material designated as “HIGHLY CONFIDENTIAL – SOURCE CODE”
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`may be disclosed only to the individuals as set forth in Paragraph 6.4. The following additional
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`restrictions shall apply to the inspection and production of HIGHLY CONFIDENTIAL - SOURCE
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`CODE, unless otherwise advised by the Producing Party or otherwise Ordered by the Court:
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`8.3
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`Any source code produced in discovery shall be made available for inspection, in
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`electronic (e.g., native) format. The Producing Party shall produce source code for