UNITED STATES INTERNATIONAL TRADE COMMISSION
`
`Washington, D.C.
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`
`
`In the Matter of
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`
`
`Inv. No. 337-TA-1347
`
`
`CERTAIN LOCATION-SHARING
`SYSTEMS, RELATED SOFTWARE,
`COMPONENTS THEREOF, AND
`PRODUCTS CONTAINING SAME
`
`
`
`
`ORDER NO. 15:
`
`
`AMENDED PROTECTIVE ORDER
`
`(May 12, 2023)
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`WHEREAS, documents and information may be sought, produced or exhibited by and
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`among the parties to the above captioned proceeding, which materials relate to trade secrets or
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`other confidential research, development or commercial information, as such terms are used in the
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`Commission’s Rules, 19 C.F.R. § 210.5;
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`IT IS HEREBY ORDERED THAT:
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`1. Confidential business information is information which concerns or relates to the trade
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`secrets, processes, operations, style of work, or apparatus, or to the production, sales, shipments,
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`purchases, transfers, identification of customers, inventories, amount or source of any income,
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`profits, losses, or expenditures of any person, firm, partnership, corporation, or other organization,
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`or other information of commercial value, the disclosure of which is likely to have the effect of
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`either (i) impairing the Commission’s ability to obtain such information as is necessary to perform
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`its statutory functions; or (ii) causing substantial harm to the competitive position of the person,
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`firm, partnership, corporation, or other organization from which the information was obtained,
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`unless the Commission is required by law to disclose such information. The term “confidential
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`business information” includes “proprietary information” within the meaning of section 777(b) of
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`the Tariff Act of 1930 (19 U.S.C. § 1677f(b)).
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`

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`2(a). Any information submitted, in pre hearing discovery or in a pleading, motion, or
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`response to a motion either voluntarily or pursuant to order, in this investigation, which is asserted
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`by a supplier to contain or constitute confidential business information shall be so designated by
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`such supplier in writing, or orally at a deposition, conference or hearing, and shall be segregated
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`from other information being submitted. Documents shall be clearly and prominently marked on
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`their face with the legend: “CONFIDENTIAL BUSINESS INFORMATION, SUBJECT TO
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`PROTECTIVE ORDER,” or a comparable notice. Such information, whether submitted in writing
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`or in oral testimony, shall be treated in accordance with the terms of this protective order.
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`(b). The Administrative Law Judge or the Commission may determine that information
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`alleged to be confidential is not confidential, or that its disclosure is necessary for the proper
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`disposition of the proceeding, before, during or after the close of a hearing herein. If such a
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`determination is made by the Administrative Law Judge or the Commission, opportunity shall be
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`provided to the supplier of such information to argue its confidentiality prior to the time of such
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`ruling.
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`3. In the absence of written permission from the supplier or an order by the Commission
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`or the Administrative Law Judge, any confidential documents or business information submitted
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`in accordance with the provisions of paragraph 2 above shall not be disclosed to any person other
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`than: (i) outside counsel for parties to this investigation, including necessary secretarial and
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`support personnel assisting such counsel; (ii) qualified persons taking testimony involving such
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`documents or information and necessary stenographic and clerical personnel thereof; (iii) technical
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`experts and their staff who are employed for the purposes of this litigation (unless they are
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`otherwise employed by, consultants to, or otherwise affiliated with a non-governmental party, or
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`are employees of any domestic or foreign manufacturer, wholesaler, retailer, or distributor of the
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`products, devices or component parts which are the subject of this investigation); (iv) the
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`Commission, the Administrative Law Judge, the Commission staff, and personnel of any
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`governmental agency as authorized by the Commission; (v) the Commission, its employees and
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`Offices, and contract personnel (a) for developing or maintaining the records of this investigation
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`or related proceedings, or (b) in internal investigations, audits, reviews, evaluations relating to the
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`programs, personnel, and operations of the Commission including under to 5 U.S.C. Appendix 3;
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`and (vi) U.S. government employees and contract personnel, solely for cybersecurity purposes.1
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`4. Confidential business information submitted in accordance with the provisions of
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`paragraph 2 above shall not be made available to any person designated in paragraph 3(i)2 and (iii)
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`unless he or she shall have first read this order and shall have agreed, by letter filed with the
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`Secretary of this Commission: (i) to be bound by the terms thereof; (ii) not to reveal such
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`confidential business information to anyone other than another person designated in paragraph 3;
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`and (iii) to utilize such confidential business information solely for purposes of this investigation.
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`The letter shall also include the following acknowledgement:
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`I, the undersigned, on behalf of__, acknowledge that information submitted for
`purposes of this Investigation may be disclosed to and used:
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`(i) by the Commission, its employees and Offices, and contract personnel (a) for
`developing or maintaining the records of this or a related proceeding, or (b) in
`internal investigations, audits, reviews, and evaluations relating to the programs,
`personnel, and operations of the Commission including under 5 U.S.C. Appendix
`3; or
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`(ii) by U.S. government employees and contract personnel, solely for cybersecurity
`purposes. I understand that all contract personnel will sign appropriate
`nondisclosure agreements.
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`5. If the Commission or the Administrative Law Judge orders, or if the supplier and all
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`
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`parties to the investigation agree, that access to, or dissemination of information submitted as
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`1 See Commission Administrative Order 16-01 (Nov. 7, 2015).
`2 Necessary secretarial and support personnel assisting counsel need not sign onto the protective
`order themselves because they are covered by counsel’s signing onto the protective order.
`3
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`confidential business information shall be made to persons not included in paragraph 3 above, such
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`matter shall only be accessible to, or disseminated to, such persons based upon the conditions
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`pertaining to, and obligations arising from this order, and such persons shall be considered subject
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`to it, unless the Commission or the Administrative Law Judge finds that the information is not
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`confidential business information as defined in paragraph 1 thereof.
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`6. (a). Any confidential business information submitted to the Commission or the
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`Administrative Law Judge in connection with a motion or other proceeding within the purview of
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`this investigation shall be submitted under seal pursuant to paragraph 2 above. Any portion of a
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`transcript in connection with this investigation containing any confidential business information
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`submitted pursuant to paragraph 2 above shall be bound separately and filed under seal. When any
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`confidential business information submitted in accordance with paragraph 2 above is included in
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`an authorized transcript of a deposition or exhibits thereto, arrangements shall be made with the
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`court reporter taking the deposition to bind such confidential portions and separately label them
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`“CONFIDENTIAL BUSINESS INFORMATION, SUBJECT TO PROTECTIVE ORDER.”
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`Before a court reporter or translator receives any such information, he or she shall have first read
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`this order and shall have agreed in writing to be bound by the terms thereof. Alternatively, he or
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`she shall sign the agreement included as Attachment A hereto. Copies of each such signed
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`agreement shall be provided to the supplier of such confidential business information and the
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`Secretary of the Commission.
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`(b). Submitters3 are strongly encouraged to encrypt nonpublic documents that are
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`electronically transmitted to the Commission to protect your sensitive information from
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`unauthorized disclosure. The USITC secure drop-box system and the Electronic Document
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`3 “Submitters” of confidential business information are the same as “suppliers” of confidential
`business information as that term is used in the context of this order. See Commission
`Administrative Order 16-01 (Nov. 7, 2015).
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`Information System (EDIS) use Federal Information Processing Standards (FIPS) 140-2
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`cryptographic algorithms to encrypt data in transit. Submitting your nonpublic documents by a
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`means that does not use these encryption algorithms (such as by email) may subject your firm’s
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`nonpublic information to unauthorized disclosure during transmission. If you choose a non-
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`encrypted method of electronic transmission, the Commission warns you that the risk of such
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`possible unauthorized disclosure is assumed by you and not by the Commission.
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`7. The restrictions upon, and obligations accruing to, persons who become subject to this
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`order shall not apply to any information submitted in accordance with paragraph 2 above to which
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`the person asserting the confidential status thereof agrees in writing, or the Commission or the
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`Administrative Law Judge rules, after an opportunity for hearing, was publicly known at the time
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`it was supplied to the receiving party or has since become publicly known through no fault of the
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`receiving party.
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`8. The Commission, the Administrative Law Judge, and the Commission investigative
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`attorney acknowledge that any document or information submitted as confidential business
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`information pursuant to paragraph 2 above is to be treated as such within the meaning of 5 U.S.C.
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`§ 552(b)(4) and 18 U.S.C. § 1905, subject to a contrary ruling, after hearing, by the Commission
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`or its Freedom of Information Act Officer, or the Administrative Law Judge. When such
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`information is made part of a pleading or is offered into the evidentiary record, the data set forth
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`in 19 C.F.R. § 201.6 must be provided except during the time that the proceeding is pending before
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`the Administrative Law Judge. During that time, the party offering the confidential business
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`information must, upon request, provide a statement as to the claimed basis for its confidentiality.
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`9. Unless a designation of confidentiality has been withdrawn, or a determination has been
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`made by the Commission or the Administrative Law Judge that information designated as
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`confidential, is no longer confidential, the Commission, the Administrative Law Judge, and the
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`5
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`Commission investigative attorney shall take all necessary and proper steps to preserve the
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`confidentiality of, and to protect each supplier's rights with respect to, any confidential business
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`information designated by the supplier in accordance with paragraph 2 above, including, without
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`limitation: (a) notifying the supplier promptly of (i) any inquiry or request by anyone for the
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`substance of or access to such confidential business information, other than those authorized
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`pursuant to this order, under the Freedom of Information Act, as amended (5 U.S.C. § 552) and
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`(ii) any proposal to redesignate or make public any such confidential business information; and (b)
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`providing the supplier at least seven days after receipt of such inquiry or request within which to
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`take action before the Commission, its Freedom of Information Act Officer, or the Administrative
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`Law Judge, or otherwise to preserve the confidentiality of and to protect its rights in, and to, such
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`confidential business information.
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`10. If while an investigation is before the Administrative Law Judge, a party to this order
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`who is to be a recipient of any business information designated as confidential and submitted in
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`accordance with paragraph 2 disagrees with respect to such a designation, in full or in part, it shall
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`notify the supplier in writing, and they will thereupon confer as to the status of the subject
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`information proffered within the context of this order. If prior to, or at the time of such a
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`conference, the supplier withdraws its designation of such information as being subject to this
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`order, but nonetheless submits such information for purposes of the investigation; such supplier
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`shall express the withdrawal, in writing, and serve such withdrawal upon all parties and the
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`Administrative Law Judge. If the recipient and supplier are unable to concur upon the status of the
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`subject information submitted as confidential business information within ten days from the date
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`of notification of such disagreement, any party to this order may raise the issue of the designation
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`of such a status to the Administrative Law Judge who will rule upon the matter. The Administrative
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`Law Judge may sua sponte question the designation of the confidential status of any information
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`and, after opportunity for hearing, may remove the confidentiality designation.
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`11. No less than 10 days (or any other period of time designated by the Administrative Law
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`Judge) prior to the initial disclosure to a proposed expert of any confidential information submitted
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`in accordance with paragraph 2, the party proposing to use such expert shall submit in writing the
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`name of such proposed expert and his or her educational and detailed employment history to the
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`supplier. If the supplier objects to the disclosure of such confidential business information to such
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`proposed expert as inconsistent with the language or intent of this order or on other grounds, it
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`shall notify the recipient in writing of its objection and the grounds therefore prior to the initial
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`disclosure. If the dispute is not resolved on an informal basis within ten days of receipt of such
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`notice of objections, the supplier shall submit immediately each objection to the Administrative
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`Law Judge for a ruling. If the investigation is before the Commission the matter shall be submitted
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`to the Commission for resolution. The submission of such confidential business information to
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`such proposed expert shall be withheld pending the ruling of the Commission or the Administrative
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`Law Judge. The terms of this paragraph shall be inapplicable to experts within the Commission or
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`to experts from other governmental agencies who are consulted with or used by the Commission.
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`12. If confidential business information submitted in accordance with paragraph 2 is
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`disclosed to any person other than in the manner authorized by this protective order, the party
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`responsible for the disclosure must immediately bring all pertinent facts relating to such disclosure
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`to the attention of the supplier and the Administrative Law Judge and, without prejudice to other
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`rights and remedies of the supplier, make every effort to prevent further disclosure by it or by the
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`person who was the recipient of such information.
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`13. Nothing in this order shall abridge the right of any person to seek judicial review or to
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`pursue other appropriate judicial action with respect to any ruling made by the Commission, its
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`Freedom of Information Act Officer, or the Administrative Law Judge concerning the issue of the
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`status of confidential business information.
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`14. Upon final termination of this investigation, each recipient of confidential business
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`information that is subject to this order shall assemble and return to the supplier all items
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`containing such information submitted in accordance with paragraph 2 above, including all copies
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`of such matter which may have been made. Alternatively, the parties subject to this order may,
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`with the written consent of the supplier, destroy all items containing confidential business
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`information and certify to the supplier (or his counsel) that such destruction has taken place. This
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`paragraph shall not apply to the Commission, including its investigative attorney, and the
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`Administrative Law Judge, which shall retain such material pursuant to statutory requirements and
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`for other recordkeeping purposes, but may destroy such material (including electronic media
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`containing such information) in its possession which it regards as surplusage.
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`Notwithstanding the above paragraph, confidential business information may be
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`transmitted to a district court pursuant to Commission Rule 210.5(c).
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`15. If any confidential business information which is supplied in accordance with
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`paragraph 2 above is supplied by a nonparty to this investigation, such a nonparty shall be
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`considered a “supplier” as that term is used in the context of this order.
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`16. Each nonparty supplier shall be provided a copy of this order by the party seeking
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`information from said supplier.
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`17. The Secretary shall serve a copy of this order upon all parties.
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`18.
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`A.
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`Source Code:
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`DESIGNATION OF SOURCE CODE MATERIAL AND DEFINITIONS
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`(a)
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`“Supplying Private Party” shall mean a Private Party who provides
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`discovery or any other information or disclosures in this investigation.
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`(b)
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`A Supplying Private Party may designate any materials including but not
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`limited to documents, information, or things as “[SUPPLIER’S NAME] CONFIDENTIAL
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`BUSINESS INFORMATION - SOURCE CODE,” which shall mean litigation material of the
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`Supplying Private Party or of any non-parties that the Supplying Private Party is permitted to
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`produce in this investigation that constitutes, contains, includes, or substantially discloses
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`nonpublic Source Code (as defined below). This material may include, among things, technical
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`design documentation that constitutes, contains, includes, or substantially discloses nonpublic
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`Source Code.
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`(c)
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`“Source Code” shall mean confidential business information representing
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`source code, object code (i.e., computer instructions and data definitions expressed in a form
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`suitable for input to an assembler, compiler, or other translator), microcode, register transfer
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`language (“RTL”), firmware, hardware description language (“HDL”), revision histories, any and
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`all programmer notes, annotations, and other comments of any type related thereto that accompany
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`the code. For avoidance of doubt, this includes source files, make files, intermediate output files,
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`executable files, header files, resource files, library files, module definition files, map files, object
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`files, linker files, browse info files, and debug files, the file names of any such files, and any
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`documents that include substantial excerpts of any such files. Source Code is a form of
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`confidential business information as defined in Paragraph 1 of the Protective Order, to which, in
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`addition to the protections provided for herein, shall be afforded all of the same protections as
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`confidential business information. Documents that contain confidential business information that
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`defines or otherwise describes in detail the algorithms or structure of software or hardware designs,
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`including insubstantial excerpts of source code, formulas, engineering specifications, or
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`schematics that define or otherwise describe in detail the algorithms or structure of software or
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`hardware designs may be designated by the Supplying Private Party according to Paragraph
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`1.A.(b) and produced via secure FTP and must be maintained separately by the Receiving Private
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`Party. The Receiving Party shall treat documents produced and designated by the Supplying
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`Private Party according to Paragraph 1.A.(b) with the same precautions as are required for printed
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`copies of Source Code. Documents designated by the Supplying Private Party according to
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`Paragraph 1.A.(b) and produced via secured FTP do not count against consecutive pages or
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`aggregate page limits in Paragraph 1.B.(b)(ii).
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`(d)
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`“Expert” shall mean a person with knowledge or experience in a matter
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`pertinent to the litigation who (1) has been retained by a Private Party or its counsel to serve as an
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`expert witness or as a consultant in this action, (2) is not a past or current employee of a Private
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`Party or of a Private Party’s competitor, and (3) at the time of retention, is not anticipated to
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`become an employee of a Private Party or of a Private Party’s competitor.
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`(e)
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`“Receiving Party” shall mean a Private Party or the Office of Unfair Import
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`Investigations (OUII) that receives disclosure or discovery material.
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`(f)
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`“Outside Litigation Counsel” shall mean outside counsel necessarily
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`incident to the litigation of this investigation who have subscribed to this Protective Order,
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`including necessary secretarial and support personnel assisting such counsel who are covered by
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`counsel’s signing onto the Protective Order.
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`(g)
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`“Source Code Qualified Persons” shall mean
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`i.
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`ii.
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`the Receiving Party’s Outside Litigation Counsel in this action;
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`up to three Experts4 of the Receiving Party (1) to whom disclosure
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`is reasonably necessary for this litigation, (2) who have signed onto the Protective
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`4 For the purposes of this paragraph, an Expert includes up to four direct report(s) and/or other
`support personnel (“Expert Staff”). Expert Staff will not count as multiple Experts, provided that
`the number of Expert Staff does not exceed four Expert Staff. For avoidance of doubt, an Expert
`and up to four Expert Staff will count as one Expert under this paragraph. Any Expert Staff that
`10
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`Order, and (3) as to whom the procedures set forth in paragraph 18(B)(a)-(b) below
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`and specifically identified as eligible to access “[SUPPLIER’S NAME]
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`CONFIDENTIAL BUSINESS INFORMATION - SOURCE CODE” material,
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`have been followed, provided that the Private Parties will meet and confer in good
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`faith to consider reasonable requests for additional Experts upon showing of good
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`cause for such additional Experts, with any remaining disputes being submitted to
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`the Administrative Law Judge for resolution;
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`iii.
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`court reporters, stenographers, videographers and their respective
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`staff who have executed Attachment A to Protective Order and are transcribing or
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`videotaping a deposition wherein “[SUPPLIER’S NAME] CONFIDENTIAL
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`BUSINESS INFORMATION - SOURCE CODE” material is being discussed,
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`provided that such reporters and videographers shall not retain or be given copies
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`of any portions of the Source Code, which if used during a deposition, will not be
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`attached as an exhibit to the transcript but instead shall be identified only by its
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`production numbers;
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`iv.
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`the Commission, the Administrative Law Judge, Office of Unfair
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`Import Investigations (OUII), Commission personnel and contract personnel who
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`are acting in the capacity of Commission employees as indicated in paragraph 3 of
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`this Protective Order;
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`v.
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`while testifying at deposition or trial in this action only: (i) any
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`current officer, director or employee of the Supplying Private Party or original
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`source of the information; and/or (ii) any person who authored, previously received
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`fall within this exception must nonetheless comply with the requirements set forth in Section
`18(A)(g)(ii) of the Protective Order.
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`(other than in connection with this litigation), or was directly involved in creating,
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`modifying, or editing the “[SUPPLIER’S NAME] CONFIDENTIAL BUSINESS
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`INFORMATION - SOURCE CODE,” as evident from its face or reasonably certain
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`in view of other testimony or evidence. Persons authorized to view “[SUPPLIER’S
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`NAME] CONFIDENTIAL BUSINESS INFORMATION - SOURCE CODE”
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`pursuant to this sub-paragraph shall not retain or be given copies of the
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`“[SUPPLIER’S NAME] CONFIDENTIAL BUSINESS INFORMATION -
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`SOURCE CODE” except while so testifying. Only printed hard copies of Source
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`Code will be provided to testifying witnesses during their testimony. For purposes
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`of remote depositions, the following additional restrictions apply: (i) If a Receiving
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`Party desires to show a witness Source Code during a remote deposition, the
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`Receiving Party taking the deposition must identify Source Code exhibits three
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`days prior to the start of the deposition. (ii) Upon the identification of Source Code
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`exhibits by the Receiving Party three days prior to the start of the deposition, the
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`Supplying Private Party shall prepare a secure folder that contains PDF copies of
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`the Source Code exhibits that can be shown to the witness during the deposition.
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`For the avoidance of doubt, witnesses shall not be permitted to access live Source
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`Code repositories or Source Code Computers during deposition or trial testimony.
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`(h)
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`“Notetaking Computer” shall mean a computer comprising word-
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`processing software provided by a Supplying Private Party, such that the Reviewing Party can
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`create or modify documents directly to take notes while inspecting Source Code provided by the
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`Supplying Private Party.
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`(i)
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`“Source Code Review Room” shall mean a secure room in which a
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`Supplying Private Party shall provide Source Code for inspection to a Reviewing Party. The
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`Source Code Review Room shall comprise a secured computer without Internet access or network
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`access to other computers and on which all access ports have been disabled, as necessary and
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`appropriate to prevent and protect against any unauthorized copying, transmission, removal, or
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`other transfer of any Source Code outside or away from the computer on which the Source Code
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`is provided for inspection. The taking of photographs or video shall not be permitted in the Source
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`Code Review Room.
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`B.
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`DISCLOSURE OF “[SUPPLIER’S NAME] CONFIDENTIAL BUSINESS
`INFORMATION - SOURCE CODE”
`
`(a)
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`Unless otherwise ordered by the Administrative Law Judge or permitted in
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`writing by the Supplying Private Party, a Receiving Party may disclose any material designated as
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`“[SUPPLIER’S NAME] CONFIDENTIAL BUSINESS INFORMATION - SOURCE CODE”
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`only to Source Code Qualified Persons. Experts are permitted to review material designated as
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`“[SUPPLIER’S NAME] CONFIDENTIAL BUSINESS INFORMATION - SOURCE CODE”
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`only after the following additional steps have taken place. The Receiving Party must expressly
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`identify the Expert to the Supplying Private Party as seeking the Expert’s access to “[SUPPLIER’S
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`NAME] CONFIDENTIAL BUSINESS INFORMATION - SOURCE CODE” material in
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`accordance with paragraph 11 of this Protective Order, including the applicable 10-day waiting
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`period. If the Receiving Party wishes an Expert previously disclosed under paragraph 11 to receive
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`material designated as “[SUPPLIER’S NAME] CONFIDENTIAL BUSINESS INFORMATION
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`– SOURCE CODE” but did not specify that the Expert was to receive such material, the Receiving
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`Party must re-comply with the provisions of paragraph 11 of this Protective Order and specifically
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`identify the proposed Expert as seeking access to “[SUPPLIER’S NAME] CONFIDENTIAL
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`BUSINESS INFORMATION - SOURCE CODE” material and allowing the Supplying Private
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`Party 10 days to object to the Expert receiving “[SUPPLIER’S NAME] CONFIDENTIAL
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`BUSINESS INFORMATION - SOURCE CODE.”
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`(b) Material designated as “[SUPPLIER’S NAME] CONFIDENTIAL
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`BUSINESS INFORMATION – SOURCE CODE” shall be disclosed to the Receiving Party
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`according to the procedures set forth below:
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`i.
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`Any Source Code produced in discovery shall only be made
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`available for inspection, not produced except as set forth below, in a format
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`allowing it to be reasonably reviewed and searched, during normal business hours
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`(e.g., between 9 AM and 6 PM local time) or at other mutually agreeable times, at
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`(1) an office of the Supplying Private Party or the Supplying Private Party’s Outside
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`Litigation Counsel or (2) another mutually agreed upon location. Any location
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`under (1) or (2) shall be within the United States. The Source Code shall be made
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`available for inspection on a secured computer (the “Source Code Computer”) in a
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`secured, locked room without Internet access or network access to other computers,
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`and the Receiving Party shall not copy, remove, or otherwise transfer any portion
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`of the Source Code onto any recordable media or recordable device. The secured
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`computer shall have disk encryption and be password protected. Other than the
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`Notetaking Computer described below, use or possession of any input/output
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`device (e.g., USB memory stick, mobile phone or tablet, camera or any camera-
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`enabled device, CD, floppy disk, portable hard drive, laptop, or any device that can
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`access the Internet or any other network or external system, etc.) is prohibited while
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`accessing the computer containing the Source Code. All persons entering the
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`locked room containing the Source Code must agree to submit to reasonable
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`security measures to ensure they are not carrying any prohibited items before they
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`will be given access to the locked room. The computer containing Source Code
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`will be made available for inspection during regular business hours, upon
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`reasonable notice to the Supplying Private Party, which shall not be less than four
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`business days in advance of the requested inspection. The Supplying Private Party
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`may visually monitor the activities of the Receiving Party’s representatives during
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`any Source Code review, but only to ensure that there is no unauthorized recording,
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`copying, or transmission of the Source Code.
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`ii.
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`No person shall copy, e-mail, transmit, upload, download, print,
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`photograph or otherwise duplicate any portion of the designated as “[SUPPLIER’S
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`NAME] CONFIDENTIAL BUSINESS INFORMATION - SOURCE CODE”
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`material, except that the Receiving Party may request paper copies of limited
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`portions of Source Code, but only if and to the extent reasonably necessary for the
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`preparation of court filings, pleadings, expert reports, or other papers, or for
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`deposition or trial. In no event may the Receiving Party print more than 25
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`consecutive pages, or an aggregate total of more than 750 pages, of Source Code
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`during the duration of the case without prior written approval by the Supplying
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`Private Party. The Source Code may only be transported by the Receiving Party
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`via hand carry or other similarly reliable courier. The Receiving Party shall not
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`request paper copies for the purposes of reviewing the Source Code other than
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`electronically as set forth in paragraph 18(B)(b)(i) in the first instance. Within 5
`
`business days, the Supplying Private Party will provide the requested material on
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`watermarked or colored paper bearing Bates numbers and
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`the
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`legend
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`“[SUPPLIER’S NAME] CONFIDENTIAL BUSINESS INFORMATION –
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`SOURCE CODE” unless objected to as discussed below. At the Receiving Party’s
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`request, up to four additional sets (or subsets) of printed Source Code may be
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`requested and provided by the Supplying Private Party in a timely fashion.
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`
`
`15
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`

`

`(c)
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`The Receiving Party shall maintain a record of any individual who has
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`inspected any portion of the Source Code in electronic or paper form. The Receiving Party shall
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`maintain all printed portions of the Source Code in a secured, locked area under the direct control
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`of counsel responsible for maintaining the security and confidentiality of the designated materials.
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`Any paper copies designated “[SUPPLIER’S NAME] CONFIDENTIAL BUSINESS
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`INFORMATION - SOURCE CODE” shall be stored or viewed only at (i) the offices of Outside
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`Litigation Counsel for the Receiving Party, (ii) the offices of Experts who have been approved to
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`access Source Code; (iii) the site where any deposition is taken (iv) the Court; or (v) any
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`intermediate location necessary to transport the information to a hearing, trial or deposition. Except
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`as provided in subsection (i) of this section, the Receiving Party shall not create any electronic or
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`other images of the paper copies and shall not convert any of the information contained in the
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`paper copies into any electronic format. Any printed pages of Source Code, and any other
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`documents or things reflecting Source Code that have been designated by the Supplying Private
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`Party as “[SUPPLIER’S NAME] CONFIDENTIAL BUSINESS INFORMATION - SOURCE
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`CODE” may not be copied, digitally imaged, or otherwise duplicated, except in limited excerpts
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`as provided in subsection (i) below. Any paper copies used during a deposition shall be retrieved
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`by the Receiving Party’s Outside Litigation Counsel at the end of each day and must not be given
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`to or left with a court reporter or any other unauthorized ind