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`Case 2:22-md-03034-TGB ECF No. 210, PageID.11939 Filed 01/02/24 Page 1 of 21
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF MICHIGAN
`SOUTHERN DIVISION
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`IN RE NEO WIRELESS, LLC
`PATENT LITIG.
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`Case No. 2:22-md-03034-TGB
`HON. TERRENCE G. BERG
`JURY TRIAL DEMANDED
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`STIPULATED SUPPLEMENTAL PROTECTIVE ORDER
`REGARDING NON-PARTY INTEL CORPORTION
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`WHEREAS, the Court entered a Protective Order in the above referenced
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`action on October 18, 2022 (“Protective Order”); and
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`WHEREAS, Neo Wireless, LLC (“Plaintiff”); Defendant Tesla Inc. in the
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`above-referenced matter (“Tesla”)1 (together, hereinafter referred to as “the Parties”);
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`and Intel Corporation (“Intel”), a non-party to this action, may produce confidential
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`Source Code (as defined below) in this action; and
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`WHEREAS the Parties and Intel have agreed to provisions in addition to
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`those in the Protective Order to protect Intel confidential information;
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`IT IS HEREBY ORDERED that Source Code produced by Intel in
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`connection with the above-captioned matter shall be subject to the following
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`restrictions:
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`1 This Protective Order governs access only for the Plaintiff Neo Wireless and
`Defendant Tesla, Inc. Intel does not agree that any other defendant in the consolidated
`matter referenced in the caption above would have access in any manner to Intel
`material produced in this action.
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`Case 2:22-md-03034-TGB ECF No. 210, PageID.11940 Filed 01/02/24 Page 2 of 21
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`A. Definitions
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`1.
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`“Party”: any party to this action, including all of its officers, directors,
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`employees, consultants, retained experts and consultants, and outside counsel (and their
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`support staff).
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`2.
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`3.
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`4.
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`“Producing Party” or “Designating Party”: Intel.
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`“Receiving Party”: a Party that receives Designated Material from Intel.
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`“Source Code”: RTL, HDL, schematics, layout files, microcode, process
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`flows or recipes, and similarly sensitive design information.
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`5.
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`“OUTSIDE COUNSEL RESTRICTED – INTEL SOURCE CODE
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`Material”: Source Code and copies, abstracts, compilations, summaries, and extracts of
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`Source Code.
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`6.
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`“Designated Material”: Material that is designated “OUTSIDE COUNSEL
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`RESTRICTED – INTEL SOURCE CODE” and all copies, abstracts, compilations,
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`summaries, and extracts of such Material.
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`7.
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`“Export Controlled Information” means all Source Code subject to federal
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`export control regulations, including the Export Administration Regulations (“EAR”),
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`15 C.F.R. §§ 730, et seq.
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`8.
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`“Counsel of Record”: (i) outside counsel who appear on the pleadings as
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`counsel for a Party, and (ii) licensed partners and associates of such outside counsel to
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`whom it is reasonably necessary to disclose the information for this litigation and
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`administrative personnel employed by the outside counsel, such as paralegals, legal
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`translators, legal secretaries, legal clerks, and shorthand reporters. “Counsel of Record”
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`does not include (i) a person who is an employee, director, or officer of a Party or a
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`Party’s affiliates even if that person appears on the pleadings as counsel for a Party or
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`(ii) a person employed by the attorneys who gives technical, scientific or financial advice
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`relating to the substantive issues in this action unless that person is a licensed attorney
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`or patent agent.
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`9.
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`“Outside Consultant”: a person with specialized knowledge or
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`experience in a matter pertinent to the action who is retained by a Party or retained or
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`employed by its Counsel of Record to serve as an expert witness or as a consultant in
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`this action and who is not a current or anticipated: (i) officer, director, or employee of a
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`Party or of a Party’s competitor, or (ii) consultant involved in product and/or process
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`design or development for a Party or for a Party’s competitor.
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` B.
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`Scope
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`10. Compliance with Applicable Rules Governing Confidentiality and Filing
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`Under Seal. This Order does not confer blanket protections on all disclosures or
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`responses to discovery, and the protection it affords from public disclosure and use
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`extends only to the limited information or items that are entitled to confidential treatment
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`under applicable legal principles. Nor does this Order entitle the parties to file
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`Case 2:22-md-03034-TGB ECF No. 210, PageID.11942 Filed 01/02/24 Page 4 of 21
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`confidential information under seal; the Parties must follow the applicable rules,
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`procedures, and standards when seeking permission to file material under seal.
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`C.
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`Access to Designated Material
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`11. Access to OUTSIDE COUNSEL RESTRICTED – INTEL SOURCE
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`CODE Material. Subject to other provisions of this Order (see, e.g. ¶¶ 19, 26, 27), only
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`the following persons are permitted to have access to OUTSIDE COUNSEL
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`RESTRICTED – INTEL SOURCE CODE Material:
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`(a)
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`Persons who appear on the face of Designated Material as an
`author, addressee or recipient thereof, or persons who have been
`designated to provide testimony on behalf of a Producing Party;
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`(b) Counsel of Record;
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`(c) Outside Consultants, subject to the procedures set forth in Section
`D;
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`(d)
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`(e)
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`the Court, its personnel, and
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`court reporters.
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`12. Acknowledgements to be Bound. Each person to whom Designated
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`Material may be disclosed, and who is required to sign the “Agreement to Be Bound by
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`Protective Order” and/or the “Certification of Consultant” must do so prior to reviewing
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`Designated Material. Counsel of Record for the Receiving Party must retain each
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`original executed document and, on written request, must provide copies to Counsel of
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`Record for the Producing Party after the termination of this action. The identification of
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`Case 2:22-md-03034-TGB ECF No. 210, PageID.11943 Filed 01/02/24 Page 5 of 21
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`an individual pursuant to this Order does not make that individual subject to deposition
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`or any other form of discovery.
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`D. Disclosure to Outside Consultants
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`13. Notice. Before disclosing Producing Party’s Designated Material to an
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`Outside Consultant, a Receiving Party must first provide written notice by hand-delivery
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`or email to Counsel of Record for the Designating Party. The notice must include: (a) the
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`Outside Consultant’s name, business title, business address, and business or profession;
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`(b) a current CV; (c) the Outside Consultant’s previous or current relationship (personal
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`or professional) with any of the Parties, their predecessors, or their successors in interest;
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`(d) a list of cases in which the Outside Consultant has testified (at trial or deposition)
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`within the last seven years; (e) a list of all companies for which the Outside Consultant
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`has consulted or that have employed the Outside Consultant within the last seven years;
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`and (f) a signed copy of the “Acknowledgement and Agreement to Be Bound by
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`Protective Order” attached as Exhibit A and the “Certification of Outside Consultant”
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`attached as Exhibit B.
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`14. Objections. The Designating Party will have ten calendar days from receipt
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`of the notice to object to the disclosure, which must identify the grounds for the
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`objection. If the Designating Party does not object during that ten-day period, then the
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`Receiving Party may disclose Designated Material to the Outside Consultant pursuant
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`to the terms of this Order. However, if the Designating Party objects within that period,
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`Case 2:22-md-03034-TGB ECF No. 210, PageID.11944 Filed 01/02/24 Page 6 of 21
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`the Receiving Party may not disclose Designated Material to the challenged individual
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`absent resolution of the dispute or Court Order.
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`E.
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`Inspection and Production of Source Code
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`15. The Secure Room. Source Code will be made available for inspection in
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`a secure room in computer searchable format on a stand-alone computer running a
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`reasonably current version of Linux and Meld, Notepadqq and Geany, and connected to
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`a printer (that is, a computer not connected to a network or the Internet, and that is locked
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`down so that additional peripheral devices cannot be connected to it) during regular
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`business hours on reasonable notice, at a location in the United States selected by the
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`Producing Party (the “Secure Room”). Should it be necessary, other mutually agreed
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`upon tools may be used.
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`16. Notice and Procedure for Review. The Receiving Party shall provide the
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`Producing Party with notice of its intent to review source code on the stand-alone
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`computer at least five business days prior to any inspection. The Receiving Party shall
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`provide the name(s) of the individual(s) who will be attending the review. Before being
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`admitted into the Secure Room, an individual must provide a photo identification card
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`sanctioned by the government of a state of the United States or by the national
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`government of the individual’s current citizenship. Any party reviewing source code
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`will follow any reasonable COVID-related protocols implemented by the office in which
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`the code is being made available.
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`Case 2:22-md-03034-TGB ECF No. 210, PageID.11945 Filed 01/02/24 Page 7 of 21
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`17. Review of Source Code. No electronic devices are permitted in the Secure
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`Room, including laptops, floppy drives, zip drives, cellular telephones, personal digital
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`assistants, cameras, voice recorders, telephone jacks or other hardware. Non-electronic
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`devices capable of similar functionality are also prohibited, as is loose paper that could
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`be used in a printer. Written notes relating to the Source Code may be taken only in
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`spiral- or permanently-bound notebooks. The Source Code may not be copied into the
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`notes. Notwithstanding this provision, file name and location (i.e., directory path), may
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`be copied into the notes. The Producing Party may visually monitor the activities of the
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`Receiving Party’s representatives during any review but only to ensure there is no
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`unauthorized recording, copying, or transmission of the Source Code. The Producing
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`Party may not monitor what code is being reviewed by the Receiving Party’s
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`representative(s) and no provision in this section gives the Producing Party the right to
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`inspect or review any notes and/or other work product of the Receiving Party – and
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`nothing herein shall be construed to make such notes discoverable absent a waiver of
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`attorney-client, work product, or other privilege.
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`18. Printing Portions of the Source Code. A Receiving Party is allowed to
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`request print paper copies of necessary, specific portions of the Source Code at the time
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`of inspection. The Producing Party shall print the Source Code requested by the
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`Receiving Party. Paper copies are restricted to what is necessary for use in a filing, in an
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`expert report, at a deposition, at a hearing, or at trial. A Receiving Party is not entitled to
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`Case 2:22-md-03034-TGB ECF No. 210, PageID.11946 Filed 01/02/24 Page 8 of 21
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`print passages to facilitate review of the Source Code away from the Secure Room; the
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`Source Code is to be reviewed and analyzed using the stand-alone computer.
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`19. Delivery of Printouts. The Producing Party will prepare any printed pages
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`of the Source Code, and Bates number, copy, and label them “OUTSIDE COUNSEL
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`RESTRICTED – INTEL SOURCE CODE.” A reasonable request will be presumed to
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`extend for no more than a total of four hundred 400 total pages and for no more than
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`fifty 50 contiguous pages. These limits may be increased by agreement or on a showing
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`of need. Within ten calendar days of a print request, the Producing Party must either
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`(a) deliver four copy sets of such pages to one or more offices of the Receiving Party’s
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`Counsel of Record or Outside Consultants; or (b) provide notice that the Producing Party
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`objects that in its view the printed portions are excessive or were not requested for a
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`permitted purpose. In the event that the Producing Party provides notice that the printed
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`portions are excessive or were not requested and the Receiving Party disagrees, the
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`parties shall first try to resolve the dispute in good faith including through a meet and
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`confer. If the dispute cannot be resolved, the parties shall submit the dispute to the Court
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`pursuant to applicable rules and orders. The burden will be on the Receiving Party to
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`demonstrate that such portions are no more than is reasonably necessary for a permitted
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`purpose, and not merely for the purpose of review and analysis in another location.
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`Absent consent from Intel (which will not be unreasonably withheld), no more than four
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`Case 2:22-md-03034-TGB ECF No. 210, PageID.11947 Filed 01/02/24 Page 9 of 21
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`(4) Counsel of Record and four (4) Consultants are permitted to have access to any printed
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`pages of the Source Code.
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`20. Producing Party Log. The Producing Party may maintain a log identifying:
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`(a) the name of each person who accessed the Secure Room; (b) the date and time of
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`access; (c) the length of time of access; and (d) whether any pages were printed. The
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`Producing Party may also retain copies of any printed pages of the Source Code.
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`21. Maintenance of Printouts. Copy sets of the Source Code must be kept at
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`all times in the office(s) of Counsel of Record or Outside Consultants to whom the
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`Producing Party delivered them. The delivered copy sets must be kept in a locked
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`storage container where they will not be accessible to persons other than those allowed
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`access under this Order. Except as explicitly permitted below, the Receiving Party is
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`prohibited from making additional copies or scanning the printouts. Outside Consultants
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`are prohibited from keeping copy sets without the Producing Party’s prior written
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`consent. Any such consent is to be determined on a case-by-case basis.
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`22. Transportation of Copy Sets. Transportation is permitted only by hand by
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`a person authorized to have access under Paragraph 12. If an authorized person is taking
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`copy sets on a flight, they must be carried on the plane and may not be checked. Copy
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`sets may not be shipped by courier, such as Federal Express absent written permission
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`from the Producing Party.
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`Case 2:22-md-03034-TGB ECF No. 210, PageID.11948 Filed 01/02/24 Page 10 of 21
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`23. Receiving Party Log. The Receiving Party must maintain a log
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`identifying each person who reviews the printouts, and the date and time of the review.
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`The Receiving Party must provide the Producing Party with a copy of the log on five
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`business days’ notice, but no more than once per month absent a showing of good cause.
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`24. Use at Depositions and Hearings. A Receiving Party is prohibited from
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`making copies of Source Code for use at a deposition or at a hearing without the
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`Producing Party’s prior written consent. Absent such consent, the Receiving Party must
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`provide the Producing Party with seven calendar days’ advance notice of its need for
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`printed copies and identify the required pages by production number. The Producing
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`Party will then either authorize the Receiving Party to prepare copies for use in the
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`deposition or hearing or agree to supply copies itself on the day of the deposition or
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`hearing. At the conclusion of the deposition or hearing, the copies will be returned to the
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`Producing Party or destroyed. Copies will not be attached to deposition transcripts.
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`25. Use in Filings. A Receiving Party that wants to file or otherwise submit
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`pages of Source Code in connection with a pre-trial filing may, no earlier than 24 hours
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`prior to the relevant filing, make only as many copies, and only of the specific pages as
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`needed, for submission. Any pages of Source Code so copied and submitted must be no
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`more than seven (7) consecutive pages of code absent consent of the Producing Party.
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`The Receiving Party must file the materials under seal and must notify the Producing
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`Party at least three business days prior to filing.
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`Case 2:22-md-03034-TGB ECF No. 210, PageID.11949 Filed 01/02/24 Page 11 of 21
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`26. Use at Trial. If a Receiving Party proposes to use Source Code in any
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`manner at trial (whether as an exhibit, demonstrative, or otherwise), it shall provide
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`notice to Intel not later than 5 business days prior to the initial submission of proposed
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`exhibit lists. In addition, a Receiving Party may not use more than seven consecutive
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`pages of Source Code at trial in any manner without prior and explicit permission from
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`Intel. The Receiving Party must obtain an order to seal the courtroom and transcript in
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`the event of the use of source code in any hearing or trial.
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`27. Use in Expert Reports and Discovery Documents. To the extent it is
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`necessary to reference Source Code in an expert report or other discovery document, the
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`excerpts must be limited to the minimum amount necessary to support the specific
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`argument made, but no excerpt may exceed 10 consecutive lines of code absent
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`permission from the Producing Party.
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` Documents containing excerpts must be
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`designated “OUTSIDE COUNSEL RESTRICTED – INTEL SOURCE CODE.”
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`F.
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`Prosecution and Development Bar
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`28. Prosecution Bar. Individuals associated with a Receiving Party (i.e.,
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`Counsel of Record and Outside Consultants) who personally review any OUTSIDE
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`COUNSEL RESTRICTED – INTEL SOURCE CODE Material are prohibited from
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`participating in the preparation or prosecution of any patent, patent application, or
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`reissue, or drafting or revising a patent claim, related to the confidential information
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`disclosed in any OUTSIDE COUNSEL RESTRICTED – INTEL SOURCE CODE
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`Case 2:22-md-03034-TGB ECF No. 210, PageID.11950 Filed 01/02/24 Page 12 of 21
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`Material that was filed less than one year following the final termination of this action
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`(including any appeals). This prosecution bar does not prevent an individual from
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`participating in any reexamination, inter partes review, or other post-grant review
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`proceedings, except that the individual is prohibited from participating in the drafting of
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`any claim or amendment to any claim related to the confidential information disclosed
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`in any OUTSIDE CONSEL RESTRICTED – INTEL SOURCE CODE Material.
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`29. Development Bar. A Receiving Party’s Outside Consultants who
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`personally review any OUTSIDE COUNSEL RESTRICTED – INTEL SOURCE
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`CODE Material must execute the “Certification of Consultant” attached as Exhibit B in
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`which they agree not to perform hardware, software or product development work for
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`commercial purposes that is related to the confidential information disclosed in any
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`“OUTSIDE COUNSEL RESTRICTED – INTEL SOURCE CODE” Material until one
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`year following the final termination of this action (including any appeals).
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`30. Use of Designated Material by a Receiving Party. A Receiving Party,
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`including its Counsel of Record and Outside Consultants, is permitted to use Designated
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`Material only for purposes of this action and is prohibited from disclosing Designated
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`Material except in accordance with this Order.
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`31. Use of Designated Material by a Producing Party. Nothing in this Order
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`restricts a Producing Party’s or Designating Party’s use or disclosure of its own
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`Designated Material.
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`Case 2:22-md-03034-TGB ECF No. 210, PageID.11951 Filed 01/02/24 Page 13 of 21
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`32. Use of Designated Material at Depositions. A Receiving Party can
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`examine (a) a witness about Designated Material of which the witness had prior
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`knowledge and (b) present directors, officers, employees, and designated Rule 30(6)(b)
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`witnesses of a Designating Party about any Designated Material of that Designating
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`Party. Any person not permitted to have access to Designated Material that is disclosed
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`at a deposition will be excluded from the portion of the deposition relating to that
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`information.
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`33. Filing Designated Material. Absent written permission from the
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`Designating Party or a Court Order issued after appropriate notice, a Party must file
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`Designated Material under seal in conformance with the Court’s rules and procedures.
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`Material filed under seal shall include a cover page including the words “FILED
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`UNDER SEAL.”
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`34. Transmittal of Designated Material. A Receiving Party will not transmit
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`or transport Designated Material outside of the United States. To the extent that a
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`Receiving Party obtains the required prior consent from the Producing Party to transport
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`or transmit electronic copies of Designated Material, only the following methods may be
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`used: (1) encrypted email using an encryption tool that has a passphrase of at least 20
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`characters in length and using at least 128- bit Advanced Encryption Standard (AES)
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`cipher option; (ii) a secure FTP site that implements 256 bit AES encryption over SSL
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`and utilizes access controls, and the files containing the information are encrypted using
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`a key length of at least 20 characters and 256 bit AES encryption and are removed from
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`the Secure FTP site within 3 days; and (iii) hand-delivery, where the data is stored on an
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`encrypted hard-drive using at least AES 128-bit hardware encryption algorithm and a
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`removable hardware key or an RFID secured card.
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`35. Export Controlled Information. Export Controlled Information is
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`prohibited (a) from being disclosed to anyone who is not a “U.S. Person” (as defined in
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`22 C.F.R. § 120.62), including Counsel of Record and Outside Consultants, and (b) from
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`being transported or transmitted outside of the United States or to any recipient who is
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`located outside of the United States. Counsel of Record must store all Export Controlled
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`Information in a manner such that access is limited to U.S. Persons. If a Receiving Party
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`anticipates disclosing Export Controlled Information to the Court, including at any
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`hearing or at trial, it will confer on the proper safeguards to avoid an export violation with
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`the Designating Party and, if necessary, the Court.
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`36. Unauthorized Use or Disclosure. If a Receiving Party learns of the
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`disclosure or use of Designated Material in any circumstance not authorized by this
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`Order, it must promptly notify in writing the Designating Party of the unauthorized use
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`or disclosure. In the event of unauthorized disclosure, the Receiving Party must also
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`promptly (a) use its best efforts to retrieve all copies of the Designated Material, (b)
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`inform the person to whom unauthorized disclosures were made of the terms of this
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`Order, and (c) ask that person to execute the “Acknowledgment and Agreement to Be
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`Bound by Protective Order” that is attached as Exhibit A.
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`G.
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`Procedure for Designating Materials
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`37. Designating Documents. For Material in documentary form (other than
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`transcripts), the Designating Party must affix the legend “OUTSIDE COUNSEL
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`RESTRICTED – INTEL SOURCE CODE” on each page that contains Designated
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`Material.
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`38. Designating Other Material.
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` For non-documentary Material,
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`the
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`Designating Party must affix in a prominent place on the exterior of the container or
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`containers in which the information or thing is stored the legend “OUTSIDE COUNSEL
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`RESTRICTED – INTEL SOURCE CODE.”
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`39. Testimony and Transcripts. For testimony given in deposition or in other
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`pretrial or trial proceedings, the Designating Party will specify any portions of the
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`testimony that it wishes to designate as “OUTSIDE COUNSEL RESTRICTED –
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`INTEL SOURCE CODE.” In the case of depositions, the Designating Party may also
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`designate any portion of a deposition transcript by informing the reporter and the
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`Parties in writing of the applicable designations within thirty calendar days of
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`completion of the certified transcript. The entire transcript of a deposition at which
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`OUTSIDE COUNSEL RESTRICTED – INTEL SOURCE CODE Material was
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`disclosed will be treated as OUTSIDE COUNSEL RESTRICTED – INTEL SOURCE
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`Case 2:22-md-03034-TGB ECF No. 210, PageID.11954 Filed 01/02/24 Page 16 of 21
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`CODE Material until the thirty-day period has expired. Transcript pages identified by
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`a Designating Party must be separately bound by the court reporter, who must affix to
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`the top of each such page the legend “OUTSIDE COUNSEL RESTRICTED –
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`INTEL SOURCE CODE” as instructed by the Designating Party. Subject to the
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`Court’s preferences, the parties will work together to make arrangements for making
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`such designations to exhibits, testimony, and other Material used during hearings, pre-
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`trial proceedings, and during the trial of this case.
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`H.
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`Inadvertent Production
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`40.
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`Inadvertent Failure to Designate. An inadvertent failure to designate
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`confidential Material does not waive a Designating Party’s right to secure protection
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`under this Order for that Material. On discovery of an inadvertent failure to designate, a
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`Designating Party may give written notice of the designation and provide substitute
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`copies of the Material bearing the appropriate legend. The Receiving Party must then
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`treat the Material in accordance with the new designation, retrieve and destroy all copies
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`of the previously produced version of the Material from anyone who had received it, and
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`destroy any electronic copies of the previously produced version.
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`41. No Waiver of Privilege. Inspection or production of Material will not
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`constitute a waiver of the attorney-client privilege or work product immunity or any other
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`applicable privilege or immunity from discovery if, after becoming aware of an
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`inadvertent or unintentional disclosure, the Producing Party designates the Material as
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`privileged or immune from discovery. On request by the Producing Party, the Receiving
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`Party will immediately retrieve and return (or destroy) any copies of the inadvertently
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`produced Material, including copies distributed to others (e.g., Outside Consultants). The
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`Receiving Party will remain entitled to challenge the privilege or immunity or immunity
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`designation.
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`I. Miscellaneous
`
`42. Enforcement and Jurisdiction. This Court will have exclusive jurisdiction
`
`to enforce this Order, even following the final disposition of this action. Every individual
`
`who reviews Designated Material agrees to be subject to the jurisdiction of this Court
`
`for the purpose of any proceedings related to the enforcement of this Order.
`
`43.
`
`Injunctive Relief. Every individual who reviews Designated Material
`
`acknowledges that a breach of this Order may result in immediate and irreparable injury
`
`for which there is no adequate remedy at law. A party may immediately apply to obtain
`
`temporary, preliminary, and permanent injunctive relief against a violation or threatened
`
`violation of this Order.
`
`44. Final Disposition. Within sixty days after the final disposition of this
`
`action, each Receiving Party must destroy or return all Designated Material to the
`
`Producing Party and submit a written confirmation of the return or destruction to the
`
`Producing Party (and, if not the same person or entity, to the Designating Party).
`
`However, Counsel of Record are entitled to retain an archival copy of all pleadings,
`
`17
`
`
`
`
`
`Case 2:22-md-03034-TGB ECF No. 210, PageID.11956 Filed 01/02/24 Page 18 of 21
`
`motion papers and supporting materials), transcripts, legal memoranda, correspondence,
`
`briefs and supporting materials, written discovery requests and responses, exhibits
`
`offered or introduced into evidence at trial, or attorney work product. Any such archival
`
`copies remain subject to this Protective Order.
`
`45. Duration. The confidentiality obligations imposed by this Order will
`
`remain in effect even after the final disposition of this action, until and unless otherwise
`
`agreed to by the Designating Party or ordered by the Court.
`
`46. Further Protections. This Order is entered without prejudice to the right of
`
`any party to apply to the Court at any time for additional protection or to relax or rescind
`
`the restrictions of this Order.
`
`47. Subpoenas in Other Litigation. If a Receiving Party is served with a
`
`subpoena or a court order that would compel disclosure of any Designated Material, it
`
`must so notify the Producing Party (and, if not the same person or entity, the Designating
`
`Party), in writing (by hand delivery, fax, or email) promptly. The notice must include a
`
`copy of the subpoena or order. The Receiving Party also must promptly inform in
`
`writing the party who caused the subpoena or order to issue that some or all of the
`
`requested material is subject to this Order.
`
`
`
`Dated: January 2, 2024
`
`
`
`
`18
`
`/s/Terrence G. Berg
`TERRENCE G. BERG
`UNITED STATES DISTRICT JUDGE
`
`
`
`
`
`
`
`
`
`
`
`Case 2:22-md-03034-TGB ECF No. 210, PageID.11957 Filed 01/02/24 Page 19 of 21
`
`Exhibit A
`
`ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND BY
`PROTECTIVE ORDER
`
`I,
`
`1.
`
`I reside at
`
`, state:
`
`2. My present employer is
`
`3. My present occupation or job description is
`
`.
`
`.
`
`.
`
`
`
`
`
`
`
`
`
`
`
`
`
`4.
`
`I have read the Agreed Protective Order Regarding Production of
`
`Source Code by Non-Party Intel Corporation (“Order”) dated and
`
`understand and will abide by its terms. I will not divulge any confidential
`
`information or material to persons other than those specifically authorized by the
`
`Order. I will not use any Designated Material in any manner not expressly allowed
`
`by the Order.
`
`5.
`
`I agree to be subject to the authority of the United States District Court
`
`for the Eastern District of Texas in the event of any dispute related to this agreement.
`
`6.
`
`I state under penalty of perjury under the laws of the United States that
`
`the foregoing is true and correct.
`
`
`
`Executed on
`
`, 20 .
`
`
`
`Signature
`
`
`
`
`Exhibit A
`
`
`
`
`
`
`
`Case 2:22-md-03034-TGB ECF No. 210, PageID.11958 Filed 01/02/24 Page 20 of 21
`
`
`
`
`
`
`
`Exhibit B
`
`CERTIFICATION OF OUTSIDE CONSULTANT REGARDING
`PROTECTIVE ORDER
`
`I,
`
`1.
`
`, state:
`
`I have read the Agreed Protective Order Regarding Production of
`
`Source Code by Non-Party Intel Corporation (“Order”) dated and
`
`understand and will abide by its terms.
`
`2.
`
`I am not a current or anticipated officer, director, or employee of a
`
`Party or of a Party’s competitor, or a current or anticipated consultant involved in
`
`product and/or process design or development for a Party or for a Party’s
`
`competitor.
`
`3.
`
`If at any time after I execute this Certification of Consultant and
`
`during the litigation have access to Materials marked as “OUTSIDE COUNSEL
`
`RESTRICTED – INTEL SOURCE CODE” if become an employee or competitor
`
`of a Party, I will promptly inform the counsel for the Party who retained me in this
`
`litigation. I will not thereafter review any Designated Materials marked as
`
`“OUTSIDE COUNSEL RESTRICTED – INTEL SOURCE CODE” unless and
`
`until the Parties agree or the Court orders otherwise.
`
`4.
`
`I will not use any Designated Material for any purpose other than this
`
`litigation.
`
`
`Exhibit B
`
`
`
`
`
`
`
`Case 2:22-md-03034-TGB ECF No. 210, PageID.11959 Filed 01/02/24 Page 21 of 21
`
`5.
`
`I agree not to participate in the preparation or prosecution of any patent,
`
`patent application, or reissue, or drafting or revising a patent claim (including
`
`drafting or revising a patent claim in connection with inter partes review or post-
`
`grant review proceedings), related to the confidential information disclosed in any
`
`OUTSIDE COUNSEL RESTRICTED – INTEL SOURCE CODE Material, that was
`
`filed, less than one year following the final termination of this action (including any
`
`appeals).
`
`6.
`
`I agree not to perform commercial hardware, software or product
`
`development work intended for commercial purposes that is relating to the
`
`confidential material disclosed in any OUTSIDE COUNSEL RESTRICTED –
`
`INTEL SOURCE CODE Material until one year following the final termination of
`
`this litigation (including any appeals).
`
`7.
`
`I agree to be subject to the authority of the United States District Court
`
`for the Eastern District of Texas in the event of any dispute related to this
`
`certification.
`
`8.
`
`I state under penalty of perjury
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