Case 1:14-cv-02396-PGG-MHD Document 166 Filed 08/14/19 Page 1 of 14
`
`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF NEW YORK
`
`
`
`
`
`
`
`14 Civ. 2396 (PGG)
`
`14 Civ. 9558 (PGG)
`
`
`NETWORK-1 TECHNOLOGIES, INC.
`
`
`
`
`
`
`Plaintiff,
`
`- against -
`
`
`GOOGLE LLC and YOUTUBE, LLC
`
`Defendants.
`
`
`
`
`
`STIPULATED SUPPLEMENTAL
`PROTECTIVE ORDER GOVERNING SOURCE CODE
`
`
`PAUL G. GARDEPHE, U.S.D.J.:
`
`WHEREAS, on October 29, 2014, this Court entered a Stipulated Confidentiality
`
`Agreement and Protective Order (No. 1:14-cv-02396, Dkt. No. 48) (the “Standing Protective
`
`Order”);
`
`WHEREAS, the parties agreed in related Case No. 1:14-cv-09558, which has since been
`
`consolidated with Case No. 1:14-cv-02396, that the Standing Protective Order applies to that
`
`case as well (No. 1:14-cv-09558, Dkt. No. 23.1 ¶ 10);
`
`WHEREAS, the Standing Protective Order stated that the parties will work together to
`
`determine whether source code material will be necessary in this case and, if so, will submit a
`
`second protective order governing the inspection of such material (No. 1:14-cv-02396, Dkt. No.
`
`48 ¶ 10);
`
`WHEREAS, both cases referenced above were stayed pending proceedings before the
`
`U.S. Patent and Trademark Office and the U.S. Court of Appeals for the Federal Circuit;
`
`
`
`

`

`Case 1:14-cv-02396-PGG-MHD Document 166 Filed 08/14/19 Page 2 of 14
`
`
`
`WHEREAS, following the lifting of the stays and the consolidation of the cases, all the
`
`parties to this action (collectively the “Parties” and individually a “Party”) now request that this
`
`Court issue a supplemental protective order pursuant to paragraph 10 of the Standing Protective
`
`Order and Federal Rule of Civil Procedure 26(c) to protect the confidentiality of any nonpublic
`
`and competitively sensitive source code information they disclose;
`
`WHEREAS, the Parties, through counsel, agree to the following terms; and
`
`WHEREAS, this Court finds good cause exists for issuance of an appropriately tailored
`
`confidentiality order governing source code,
`
`IT IS HEREBY ORDERED that any person subject to this Order—including without
`
`limitation the Parties to this action (and their respective corporate parents, successors, and
`
`assigns), their representatives, agents, experts, and consultants, all third parties providing
`
`discovery in this action, and all other interested persons with actual or constructive notice of this
`
`Order—will adhere to the following terms, upon pain of contempt:
`
`1.
`
`This Order supplements the Standing Protective Order, and incorporates by
`
`reference the terms of the Standing Protective Order.
`
`2.
`
`To the extent production of source code becomes necessary in this case, a
`
`Producing Party may designate material as “HIGHLY CONFIDENTIAL – SOURCE CODE” if
`
`it contains or substantively relates to a Party’s “Source Code,” which shall mean documents
`
`containing or substantively relating to confidential, proprietary, and/or trade secret text that
`
`defines software, firmware, or electronic hardware descriptions written in human-readable
`
`programming languages, including but not limited to C, C++, Java, assembler, VHDL, Verilog,
`
`and SQL. In the event that a document contains both information that may be properly
`
`designated “HIGHLY CONFIDENTIAL – SOURCE CODE” and information that may not be
`
`2
`
`

`

`Case 1:14-cv-02396-PGG-MHD Document 166 Filed 08/14/19 Page 3 of 14
`
`
`
`properly designated “HIGHLY CONFIDENTIAL – SOURCE CODE,” if the “HIGHLY
`
`CONFIDENTIAL – SOURCE CODE” information comprises less than seventy-five percent
`
`(75%) of such document, then such document will be produced (1) in the ordinary manner (i.e.,
`
`electronically), but with the “HIGHLY CONFIDENTIAL – SOURCE CODE” information
`
`redacted; and (2) in unredacted form, designated as “HIGHLY CONFIDENTIAL – SOURCE
`
`CODE, on a Source Code Computer (defined below). For avoidance of doubt, documents that
`
`do not contain or substantively relate to Source Code shall not be designated as “HIGHLY
`
`CONFIDENTIAL – SOURCE CODE.”
`
`3.
`
`Discovery Material designated as “HIGHLY CONFIDENTIAL – SOURCE
`
`CODE” shall be subject to all of the protections afforded to “Confidential Outside Counsel
`
`Only” information and “Prosecution/Acquisition Bar Materials” by the Standing Protective
`
`Order. For the avoidance of doubt, where “Confidential Outside Counsel Only” information is
`
`entitled to a lesser degree of protection than “HIGHLY CONFIDENTIAL – SOURCE CODE,”
`
`the greater protections applicable to “HIGHLY CONFIDENTIAL – SOURCE CODE” shall
`
`apply. For the avoidance of doubt, all Discovery Material designated as “HIGHLY
`
`CONFIDENTIAL – SOURCE CODE” shall be considered “Prosecution/Acquisition Bar
`
`Materials.”
`
`4.
`
`Unless otherwise ordered by the Court or permitted in writing by the Producing
`
`Party, a Receiving Party may disclose any information or item designated “HIGHLY
`
`CONFIDENTIAL – SOURCE CODE” only to:
`
`(a) the Receiving Party’s outside counsel of record in this action (excluding any
`
`counsel of record affiliated with Amster Rothstein & Ebenstein LLP), as well as employees of
`
`said outside counsel of record to whom it is reasonably necessary to disclose the information for
`
`3
`
`

`

`Case 1:14-cv-02396-PGG-MHD Document 166 Filed 08/14/19 Page 4 of 14
`
`
`
`this litigation (excluding any employees of Amster Rothstein & Ebenstein LLP);
`
`(b) up to three (3) outside experts or consultants per party, pre-approved in
`
`accordance with paragraph 11 of the Standing Protective Order, provided that such persons first
`
`additionally execute the “Non-Disclosure Agreement Governing Source Code” (in the form
`
`annexed as an Exhibit hereto) and provide an executed copy to the Producing Party at least three
`
`(3) business days prior to accessing Source Code;
`
`(c) the Court and its personnel;
`
`(d) stenographic reporters, videographers, and their respective staff who are
`
`transcribing or videotaping a deposition wherein “HIGHLY CONFIDENTIAL – SOURCE
`
`CODE” information is being discussed, provided that such reporters and videographers shall not
`
`retain or be given copies of any portions of the Source Code, which if used during a deposition,
`
`will not be attached as an exhibit to the transcript but instead shall be identified only by its
`
`production numbers; and
`
`(e) while testifying at deposition or trial in this action only: (i) any current or
`
`former officer, director, or employee of the Producing Party; (ii) any person designated by the
`
`Producing Party to provide testimony pursuant to Rule 30(b)(6) of the Federal Rules of Civil
`
`Procedure; (iii) any person who authored, previously received (other than in connection with this
`
`litigation), or was directly involved in creating, modifying, or editing the “HIGHLY
`
`CONFIDENTIAL – SOURCE CODE” information, as evident from its face or reasonably
`
`certain in view of other testimony or evidence; and/or (iv) any outside expert or consultant who
`
`has been approved to access Source Code as set forth in paragraph 4(b). Persons authorized to
`
`view “HIGHLY CONFIDENTIAL – SOURCE CODE” information pursuant to this sub-
`
`paragraph shall not retain or be given copies of the “HIGHLY CONFIDENTIAL – SOURCE
`
`4
`
`

`

`Case 1:14-cv-02396-PGG-MHD Document 166 Filed 08/14/19 Page 5 of 14
`
`
`
`CODE” information except while so testifying. Only printed copies of the Source Code will be
`
`provided to testifying witnesses during their testimony.
`
`5.
`
`Any Source Code, including unredacted versions of documentation containing
`
`“HIGHLY CONFIDENTIAL – SOURCE CODE” information as described in paragraph 2,
`
`produced in discovery shall only be made available for inspection, not produced except as set
`
`forth below, in a format allowing it to be reasonably reviewed and searched, during normal
`
`business hours or at other mutually agreeable times, at the office of the Producing Party’s
`
`primary outside counsel of record. The Source Code shall be made available for inspection on a
`
`secured computer (the “Source Code Computer”) in a secured, locked room without Internet
`
`access or network access to other computers, and the Receiving Party shall not copy, remove, or
`
`otherwise transfer any portion of the Source Code onto any recordable media or recordable
`
`device. The secured computer shall have disk encryption and be password protected. Use or
`
`possession of any input/output device (e.g., USB memory stick, mobile phone or tablet, camera
`
`or any camera-enabled device, CD, floppy disk, portable hard drive, laptop, or any device that
`
`can access the Internet or any other network or external system, etc.) is prohibited while
`
`accessing the computer containing the Source Code (other than the non-networked computer and
`
`storage device described in paragraph 6 below for purposes of taking notes). All persons
`
`entering the locked room containing the Source Code must agree to submit to reasonable security
`
`measures to ensure they are not carrying any prohibited items before they will be given access to
`
`the locked room. The computer containing Source Code will be made available for inspection
`
`during regular business hours, upon reasonable notice to the Producing Party, which shall not be
`
`less than 3 business days in advance of the requested inspection. The Producing Party may
`
`visually monitor the activities of the Receiving Party’s representatives during any Source Code
`
`5
`
`

`

`Case 1:14-cv-02396-PGG-MHD Document 166 Filed 08/14/19 Page 6 of 14
`
`
`
`review, but only to ensure that there is no unauthorized recording, copying, or transmission of
`
`the Source Code, but the Producing Party shall not listen in on, or otherwise inhibit the
`
`Receiving Party’s privileged communications in the room.
`
`6.
`
`The Receiving Party’s outside counsel of record and/or outside experts or
`
`consultants shall be entitled to take notes relating to the Source Code; provided, however, that
`
`such notes shall not copy, remove, or otherwise transfer any portions of the Source Code. The
`
`Producing Party shall provide a non-networked computer (“Notetaking Computer”) for the
`
`Receiving Party to take typewritten notes during Source Code review. Such typewritten notes
`
`are permitted to include but are not limited to the following information: file names, line
`
`numbers, method/variable names, narrative thoughts on how different modules interact, and
`
`general descriptions of functions that may be called. The Receiving Party shall be prohibited
`
`from accessing the Internet on the Notetaking Computer, or using the Notetaking Computer for
`
`any purpose other than taking notes during the Source Code review.
`
`7.
`
`The Parties agree that Jennifer B. Maisel, Esq., of Rothwell, Figg, Ernst &
`
`Manbeck, P.C. (“the Third-Party Note Reviewer”) shall perform a visual scan of the notes taken
`
`on the Notetaking Computer.1 The Parties hereby agree to the Court’s entry of an order under
`
`Federal Rule of Evidence 502(d) providing that no privilege or protection covering the Receiving
`
`Party’s notes taken on the Notetaking Computer will be waived in this pending litigation by
`
`disclosure to the Third-Party Note Reviewer, and that such disclosure also is not a waiver in any
`
`other federal or state proceeding. The Parties further agree that the role of Third-Party Note
`
`Reviewer will not create an attorney-client relationship between any Party and the Third-Party
`
`Note Reviewer or his or her law firm.
`
`
`1 The Parties may agree on an additional Third-Party Note Reviewer should the need arise.
`
`6
`
`

`

`Case 1:14-cv-02396-PGG-MHD Document 166 Filed 08/14/19 Page 7 of 14
`
`
`
`8.
`
`At the end of each day that the Receiving Party reviews Source Code, the Third-
`
`Party Note Reviewer will have the opportunity to perform a visual scan of the notes taken on the
`
`Notetaking Computer (“the Scan”). The purpose of the Scan is solely to confirm that the
`
`Receiving Party has not copied Source Code in violation of this Order. The Producing Party will
`
`not attempt to discover from the Third-Party Note Reviewer or from the Notetaking Computer
`
`the Receiving Party’s attorney-client privileged information or work product (e.g., legal
`
`strategy). No other scan or review of the notes taken on the Notetaking Computer shall be
`
`permitted. The Third-Party Note Reviewer shall have no involvement in this action except for
`
`performing the Scan, and will not discuss the case or the notes taken on the Notetaking
`
`Computer with any attorney working on the matter.2 However, should a dispute arise regarding
`
`any part of the notes taken on the Notetaking Computer, the Third-Party Note Reviewer is
`
`permitted to communicate the details of the dispute to one of the Producing Party’s Outside
`
`Counsel of Record working on the action. The Scan shall not result in a waiver of the work-
`
`product protection or any other privilege or protection from disclosure, as will be confirmed by
`
`the entry of a Rule 502(d) order as provided above. In the event that, after performing the Scan,
`
`the Third-Party Note Reviewer has no objections to the notes taken on the Notetaking Computer,
`
`the notes shall be transferred to the Receiving Party by USB drive or similar storage device
`
`transfer (“the USB Drive”). The USB Drive shall be encrypted and subject to all the same
`
`protections provided in this Order for information designated as “HIGHLY CONFIDENTIAL –
`
`SOURCE CODE.” Such typewritten notes shall be deleted from the Notetaking Computer upon
`
`
`2 This Order does not prevent the Parties from compensating the Third-Party Note Reviewer for
`his or her time performing the Scan and addressing any disputes that should arise. The Parties
`agree that Google will compensate the Third-Party Note Reviewer at his or her standard hourly
`rate for time spent performing his or her duties in this litigation.
`
`7
`
`

`

`Case 1:14-cv-02396-PGG-MHD Document 166 Filed 08/14/19 Page 8 of 14
`
`
`
`transfer to the Receiving Party.
`
`9.
`
`Except as otherwise provided herein, no person shall copy, e-mail, transmit,
`
`upload, download, print, photograph, or otherwise duplicate any portion of the designated
`
`“HIGHLY CONFIDENTIAL – SOURCE CODE” material, except that the Receiving Party may
`
`request paper copies of limited portions of Source Code, but only if and to the extent reasonably
`
`necessary for the preparation of court filings, pleadings, expert reports, or other papers, or for
`
`deposition or trial. In no event may the Receiving Party print more than 25 consecutive pages, or
`
`an aggregate total of more than 500 pages, of Source Code during the duration of the case
`
`without prior written approval by the Producing Party. The Receiving Party shall not request
`
`paper copies for the purposes of reviewing the Source Code other than electronically as set forth
`
`in paragraph 4 in the first instance. Within 5 business days or such additional time as necessary
`
`due to volume requested, the Producing Party will provide the requested material on
`
`watermarked or colored paper bearing Bates numbers and the legend “HIGHLY
`
`CONFIDENTIAL – SOURCE CODE” unless objected to as discussed below. At the Receiving
`
`Party’s request, up to two additional sets (or subsets) of printed Source Code may be requested
`
`and provided by the Producing Party in a timely fashion. In the event that the Receiving Party
`
`wishes to use additional sets of the printed Source Code at a deposition, it shall give the
`
`Producing Party at least three (3) days’ notice of its intent to use such additional sets of the
`
`printed Source Code at the deposition. Upon receiving such request, the Producing Party shall
`
`bring up to two (2) additional sets of printed Source Code to the deposition, exclusively for use
`
`at the deposition. Such additional sets of the printed Source Code shall remain in the custody of
`
`the Producing Party after the deposition is complete. Even if within the limits described, the
`
`Producing Party may challenge the amount of Source Code requested in hard copy form or
`
`8
`
`

`

`Case 1:14-cv-02396-PGG-MHD Document 166 Filed 08/14/19 Page 9 of 14
`
`
`
`whether the Source Code requested in hard copy form is reasonably necessary to any case
`
`preparation activity pursuant to the dispute resolution procedure set forth in paragraph 16 of the
`
`Standing Protective Order. A Receiving Party may request Source Code printouts in excess of
`
`the limits described. The parties shall meet and confer concerning any such request, and if
`
`agreement cannot be reached, they shall follow the dispute resolution procedure set forth in
`
`paragraph 17 of the Standing Protective Order. Contested printouts do not need to be produced
`
`to the Receiving Party until the matter is resolved by the Court.
`
`10.
`
`The Receiving Party shall maintain a record of any individual who has inspected
`
`any portion of the Source Code in electronic or paper form. The Receiving Party shall maintain
`
`all printed portions of the Source Code in a secured, locked area under the direct control of
`
`counsel responsible for maintaining the security and confidentiality of the designated materials.
`
`Any paper copies designated “HIGHLY CONFIDENTIAL – SOURCE CODE” shall be stored
`
`or viewed only at (i) the offices of outside counsel for the Receiving Party; (ii) the offices of
`
`outside experts or consultants who have been approved to access Source Code; (iii) the site
`
`where any deposition is taken; (iv) the Court; or (v) any intermediate location necessary to
`
`transport the information to a hearing, trial, or deposition. Except as provided in paragraph 12,
`
`the Receiving Party shall not create any electronic or other images of the paper copies and shall
`
`not convert any of the information contained in the paper copies into any electronic format. Any
`
`printed pages of Source Code, and any other documents or things reflecting Source Code that
`
`have been designated by the Producing Party as “HIGHLY CONFIDENTIAL – SOURCE
`
`CODE” may not be copied, digitally imaged, or otherwise duplicated, except in limited excerpts
`
`necessary to attach as exhibits to depositions, expert reports, or court filings as discussed below.
`
`Any such excerpts shall be redacted from any publicly filed documents. Any paper copies used
`
`9
`
`

`

`Case 1:14-cv-02396-PGG-MHD Document 166 Filed 08/14/19 Page 10 of 14
`
`
`
`during a deposition shall be retrieved by the Receiving Party at the end of each day and must not
`
`be given to or left with a court reporter or any other unauthorized individual.3
`
`11.
`
`The Receiving Party’s outside counsel and/or expert shall be entitled to take notes
`
`relating to the Source Code but may not copy any portion of the Source Code into the notes. No
`
`copies of all or any portion of the Source Code may leave the room in which the Source Code is
`
`inspected except as otherwise provided herein. Further, no other written or electronic record of
`
`the Source Code is permitted except as otherwise provided herein.
`
`12.
`
`A list of names of persons who will view the Source Code will be provided to the
`
`Producing Party in conjunction with any written (including email) notice requesting
`
`inspection. The Receiving Party shall maintain a daily log of the names of persons who enter the
`
`locked room to view the Source Code and when they enter and depart. The Producing Party shall
`
`be entitled to a copy of the log.
`
`13.
`
`The Receiving Party’s outside counsel shall maintain a log of all copies of the
`
`Source Code (received from a Producing Party) that are delivered by the Receiving Party to any
`
`person. The log shall include the names of the recipients and reviewers of copies and locations
`
`where the copies are stored. Upon request by the Producing Party, the Receiving Party shall
`
`provide reasonable assurances and/or descriptions of the security measures employed by the
`
`Receiving Party and/or person that receives a copy of any portion of the Source Code.
`
`14.
`
`Except as provided in this paragraph, the Receiving Party may not create
`
`electronic images, or any other images, of the Source Code from the paper copy for use on a
`
`
`3 The nature of the Source Code at issue may warrant additional protections or restrictions. For
`example, it may be appropriate under certain circumstances to require the Receiving Party to
`provide notice to the Producing Party before including “HIGHLY CONFIDENTIAL – SOURCE
`CODE” information in a court filing, pleading, or expert report.
`
`10
`
`

`

`Case 1:14-cv-02396-PGG-MHD Document 166 Filed 08/14/19 Page 11 of 14
`
`
`
`computer (e.g., may not scan the Source Code to a PDF, or photograph the code). The Receiving
`
`Party may create an electronic copy or image of limited excerpts of Source Code only to the
`
`extent necessary for it to be used in a pleading, exhibit, expert report, discovery document,
`
`deposition transcript, other Court document, or any drafts of these documents (“SOURCE CODE
`
`DOCUMENTS”). The Receiving Party shall only include such excerpts as are reasonably
`
`necessary for the purposes for which such part of the Source Code is used. Images or copies of
`
`Source Code shall not be included in correspondence between the parties (references to
`
`production numbers shall be used instead) and shall be omitted from pleadings and other papers
`
`except to the extent permitted herein. The Receiving Party may create an electronic image of a
`
`selected portion of the Source Code only when the electronic file containing such image has been
`
`encrypted using commercially reasonable encryption software including password protection.
`
`The communication and/or disclosure of electronic files containing any portion of Source Code
`
`shall at all times be limited to individuals who are authorized to see Source Code under the
`
`provisions of this Protective Order. Additionally, all electronic copies must be labeled
`
`“HIGHLY CONFIDENTIAL – SOURCE CODE.”
`
`15.
`
`To the extent portions of Source Code are quoted in a SOURCE CODE
`
`DOCUMENT, either (1) the entire document will be stamped and treated as “HIGHLY
`
`CONFIDENTIAL – SOURCE CODE” or (2) those pages containing quoted Source Code will be
`
`separately bound, and stamped and treated as “HIGHLY CONFIDENTIAL – SOURCE CODE.”
`
`16.
`
`The Receiving Party shall maintain a log of all electronic images and paper copies
`
`of Source Code Material in its possession or in the possession of its retained consultants,
`
`including the names of the recipients and reviewers of any electronic or paper copies and the
`
`locations where the copies are stored.
`
`11
`
`

`

`Case 1:14-cv-02396-PGG-MHD Document 166 Filed 08/14/19 Page 12 of 14
`
`
`
`SO STIPULATED AND AGREED.
`
`Dated: August 14, 2019
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`SO ORDERED.
`
`____________________________
`Hon. Paul G. Gardephe
`
`
`
`
`
`
` /s/ Brian D. Ledahl
`Marc A. Fenster (pro hac vice)
`Brian D. Ledahl (pro hac vice)
`Adam S. Hoffman (pro hac vice)
`Paul A. Kroeger (pro hac vice)
`Amy E. Hayden (pro hac vice)
`RUSS, AUGUST & KABAT
`12424 Wilshire Boulevard, 12th Floor
`Los Angeles, CA 90025
`(310) 826-7474
`
`Charles R. Macedo
`AMSTER ROTHSTEIN & EBENSTEIN LLP
`90 Park Avenue
`New York, NY 10016
`(212) 336-8000
`
`Attorneys for Plaintiff Network-1 Technologies,
`Inc.
`
`
`
`/s/ Samuel Bryant Davidoff
`Kevin Hardy (pro hac vice)
`Samuel Bryant Davidoff
`Andrew V. Trask
`Christopher A. Suarez (pro hac vice)
`WILLIAMS & CONNOLLY LLP
`725 Twelfth Street N.W.
`Washington, DC 20005
`(202) 434-5000
`
`For Matters in New York:
`WILLIAMS & CONNOLLY LLP
`650 Fifth Avenue, Suite 1500
`New York, NY 10019
`
`Attorneys for Defendants Google LLC and
`YouTube, LLC
`
`
`12
`
`

`

`Case 1:14-cv-02396-PGG-MHD Document 166 Filed 08/14/19 Page 13 of 14
`
`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF NEW YORK
`
`
`
`NETWORK-1 TECHNOLOGIES, INC.
`
`
`
`
`
`
`
`14 Civ. 2396 (PGG)
`
`14 Civ. 9558 (PGG)
`
`
`
`
`
`Plaintiff,
`
`- against -
`
`
`GOOGLE LLC and YOUTUBE, LLC
`
`Defendants.
`
`
`
`
`
`
`
`NON-DISCLOSURE AGREEMENT GOVERNING SOURCE CODE
`
`I, _______________________________, acknowledge that I have read and
`
`understand the Stipulated Supplemental Protective Order Governing Source Code in this action
`
`governing the non-disclosure of those portions of Discovery Material that have been designated
`
`as HIGHLY CONFIDENTIAL – SOURCE CODE, and the underlying Stipulated
`
`Confidentiality Agreement and Protective Order (No. 1:14-cv-02396, Dkt. No. 48) (the
`
`“Standing Protective Order”). I agree that I will strictly adhere to the terms of the Stipulated
`
`Supplemental Protective Order Governing Source Code and the Standing Protective Order. I
`
`agree that I will not disclose such Discovery Material designated as HIGHLY CONFIDENTIAL
`
`– SOURCE CODE to anyone other than for purposes of this litigation and that at the conclusion
`
`of the litigation I will return all discovery information to the Party or attorney from whom I
`
`received it. By acknowledging these obligations under the Stipulated Supplemental Protective
`
`Order Governing Source Code, I understand that I am submitting myself to the jurisdiction of the
`
`United States District Court for the Southern District of New York for the purpose of any issue
`
`or dispute arising hereunder and that my willful violation of any term of the Stipulated
`
`13
`
`

`

`Case 1:14-cv-02396-PGG-MHD Document 166 Filed 08/14/19 Page 14 of 14
`
`
`
`Supplemental Protective Order Governing Source Code could subject me to punishment for
`
`contempt of Court. I have attached my resume, curriculum vitae, or other information to this
`
`executed Non-Disclosure Agreement Governing Source Code sufficient to identify my current
`
`employer and employment history for the past ten years, and the cases in which I have testified
`
`as an expert at trial or by deposition within the preceding five years.
`
`Dated: __________________
`
`
`
`
`
`
`
`_____________________________
`
`
`
`14
`
`