Case 2:11-cv-01292-DWA Document 52-1 Filed O~:'21/12 Page 2 of 16
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`IN THE UNITED STATES DISTRICT COURT
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`FOR THE WESTERN DISTRICT OF PENNSYLVANIA
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`
`SIGHTSOUND TECHNOLOGIES, LLC,
`
`v.
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`APPLE INC.,
`
`Plaintiff,
`
`Defendant.
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
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`Civil Action No.2: ll-cv-O I 292-DW A
`
`Honorable Judge Donetta W. Ambrose
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`

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`Case 2:11-cv-01292-DWA Document 56 Filed 03/23/12 Page 2 of 11
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`Case 2:11-cv-01292-DWA Document 52-1 Filed 03121/12 Page 3 of 16
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`object code, source code listings and descriptions of source code, object code listings and
`descriptions of object code, or Hardware Description Language (HDL) or Register Transfer
`Level (RTL) files that describe the hardware design of any ASIC or other chip. Confidential
`Information, Confidential Attorney Eyes Only Information, and Confidential Outside Attorney
`Eyes Only Source Code do not include, and this Protective Order shall not apply to, information
`that is already in the knowledge or possession ofthe party to whom disclosure is made unless
`that party is already bound by agreement not to disclose such information, or information that
`has been disclosed to the public or third persons in a manner making such information no longer
`confidential.
`
`Documents and things produced during the course ofthis litigation within the
`3.
`scope of paragraph 2(a) above, may be designated by the producing party as containing
`Confidential Information by placing on each page and each thing a legend substantially as
`follows:
`
`CONFIDENTIAL INFORMATION
`
`SUBJECT TO PROTECTIVE ORDER
`
`
`Documents and things produced during the course of this lhigation within the scope of
`paragraph 2(b) above may be designated by the producing party as t::ontaining Confidential
`Attorney Eyes Only Information by placing on each page and each thing a legend substantially
`as follows:
`
`CONFIDENTIAL ATTORNEY EYES ONLY INFORMATION
`
`SUBJECT TO PROTECTIVE OR01~:R
`
`
`Documents and things produced during the course of this liti.gation within the scope of
`paragraph 2( c) above may be designated by the producing party as (:ontaining Confidential
`Outside Attorney Eyes Only Source Code by placing on each page and each thing a legend
`substantially as follows:
`
`CONFIDENTIAL OUTSIDE ATTORNEY EYES ONI. Y SOURCE CODE
`
`SUBJECT TO PROTECTIVE ORDI~R
`
`
`A party may designate information disclosed at a deposition as Confidential Information,
`Confidential Attorney Eyes Only Information, or Confidential Outside Attorney Eyes Only
`Source Code by requesting the reporter to so designate the transcript or any portion thereof at the
`time of the deposition. Ifno such designation is made at the time ofthe deposition, any party
`shall have fourteen (14) calendar days after the date ofthe deposition to designate, in writing to
`the other parties and to the court reporter, whether the transcript is to be designated as
`Confidential Information, Confidential Attorney Eyes Only Information, or Confidential Outside
`Attorney Eyes Only Source Code. If no such designation is made at the deposition or within such
`fourteen (14) calendar day period (during which period, the transcript shall be treated as
`Confidential Attorney Eyes Only Information, unless the disclosing party consents to less
`confidential treatment ofthe information), the entire deposition will be considered devoid of
`Confidential Information, Confidential Attorney Eyes Only Information, or Confidential Outside
`Attorney Eyes Only Source Code. Each party and the court reporter shall attach a copy of any
`
`3
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`PAGE 000002
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`Case 2:11-cv-01292-DWA Document 56 Filed 03/23/12 Page 3 of 11
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`Case 2:11-cv-01292-DWA Document 52-1 Filed 03121/12 Page 4 of 16
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`final and timely written designation notice to the transcript and each copy thereof in its
`possession, custody or control, and the portions designated in such notice shall thereafter be
`treated in accordance with this Protective Order.
`
`It is the responsibility of counsel for each party to maintain materials containing
`Confidential Information, Confidential Attorney Eyes Only Information, or Confidential Outside
`Attorney Eyes Only Source Code in a secure manner and appropriately identified so as to allow
`access to such information only to such persons and under such terms as is permitted under this
`Protective Order.
`
`Inadvertent Failure to Designate.
`
`The inadvertent failure to designate or withhold any information as confidential or
`4.
`privileged will not be deemed to waive a later claim as to its confidential or privileged nature, or
`to stop the producing party from designating such information a5. confidential at a later date in
`writing and with particularity. The information shall be treated by the receiving party as
`confidential from the time the receiving party is notified in writing of the change in the
`designation.
`
`Challenge to Designations.
`
`A receiving party may challenge a producing party's designation at any time. Any
`5.
`receiving party disagreeing with a designation may request in writing that the producing party
`change the designation. The producing party shall then have fourte.:n 14 days after receipt of a
`challenge notice to advise the receiving party whether or not it will change the designation. If the
`parties are unable to reach agreement after the expiration of this fourteen (14) day time frame,
`and after the conference required under Local Rule 37.1, the receiving party may at any time
`thereafter seek a Court Order to alter the confidential status of the designated information. Until
`any dispute under this paragraph is ruled upon by the Court, the designation shall remain in full
`force and effect and the information shall continue to be accorded the confidential treatment
`required by this Protective Order.
`
`Disclosure and Use of Confidential Information.
`
`Information designated as Confidential Information, Confidential Attorney Eyes
`6.
`Only Information, or Confidential Outside Attorney Eyes Only Soutce Code may only be used
`for purposes of preparation, trial and appeal of this action. Confidential Information,
`Confidential Attorney Eyes Only Information, or Confidential Outside Attorney Eyes Only
`Source Code may not be used under any circumstances for prosecuting any patent application,
`for patent licensing or for any other purpose. The provisions ofLCvR 16.I.D, relating to the
`inadvertent disclosure of privileged information, shall apply in all cases governed by this
`Protective Order.
`
`Subject to paragraphs 10 & 11 below, Confidential Jnformation may be disclosed
`7.
`by the receiving party only to the following individuals provided that such individuals are
`informed of the terms of this Protective Order: (a) two (2) employel:s or Managing Board
`members of the receiving party who are required in good faith to provide assistance in the
`conduct ofthis litigation, including any settlement discussions, and who are identified as such in
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`4
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`PAGE 000003
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`Case 2:11-cv-01292-DWA Document 52-1 Filed 03/21/12 Page 5 of 16
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`writing to counsel for the designating party in advance of the disclosure; (b) outside counsel for
`the receiving party; (c) supporting personnel employed by (b) , such as paralegals, legal
`secretaries, data entry clerks, legal clerks and private photocopying services; (d) experts or
`consultants; and (e) any persons requested by counsel to furnish sc:rvices such as document
`coding, image scanning, mock trial, jury profiling, translation services, court reporting services,
`demonstrative exhibit preparation, or the creation of any computer database from documents.
`
`Subject to paragraphs 10 & II below, Confidential Attorney Eyes Only
`8.
`Information may be disclosed by the receiving party only to the following individuals provided
`that such individuals are informed ofthe terms of this Protectivf! Order: (a) outside counsel for
`the receiving party; (b) supporting personnel employed by (c), such as paralegals, legal
`secretaries, data entry clerks, legal clerks, private photocopying services; (d) experts or
`consultants; and (e) those individuals designated in paragraph 13( c).
`
`Subject to paragraphs 10, II & 14-28 below, Confidential Outside Attorney Eyes
`9.
`Only Source Code may be disclosed by the receiving party only to the following individuals
`provided that such individuals are informed of the terms of this Protective Order: (a) outside
`counsel for the receiving party; (b) supporting personnel employed by (a), such as paralegals,
`legal secretaries, data entry clerks, legal clerks, private photocopying services; (c) experts or
`consultants; and (d) those individuals designated in paragraph 13( c).
`
`Further, prior to disclosing Confidential Information to a receiving party's
`10.
`proposed employee or Managing Board member, the receiving party shall provide to the
`producing party a signed Confidentiality Agreement in the form attached as Exhibit A. Prior to
`disclosing Confidential Information, Confidential Attorney Eyes Only Information, or
`Confidential Outside Attorney Eyes Only Source Code to a receiving party's proposed expert or
`consultant, the receiving party shall provide to the producing party a signed Confidentiality
`Agreement in the form attached as Exhibit B, the resume or curriculum vitae ofthe proposed
`expert or consultant, the expert or consultant's business affiliation, any current and past
`conSUlting relationships in the industry":', and a list of cases in which the expert or consultant has
`testified at deposition or trial within the last five (5) years. Such materials shall include an
`identification of any individual or entity with or for whom the proposed expert or consultant is
`employed or to whom the expert or consultant provides consulting services relating to the design,
`development, operation, or patenting oftechnology for the electronic sale and transmission of
`digital audio and video signals via telecommunications lines, or relating to the acquisition of
`intellectual property assets relating to technology for the electronic sale and transmission of
`digital audio and video signals via telecommunications lines. During the pendency of this action,
`each ofthe receiving party's experts or consultants who has signed Ihe Confidentiality
`Agreement in the form attached as Exhibit B shall immediately provide written notice of any
`updates to the foregoing materials, other than new engagements perlaining to litigation not
`involving the producing party. The receiving party's experts and consultants shall provide such
`other information regarding any proposed individual's professional activities reasonably
`requested by the producing party for the producing party to evaluatt: whether good cause exists
`to object to the proposed individual. The producing party shall ther,eafter have fourteen (14)
`days from receipt ofthe Confidentiality Agreement to object to any proposed individual. Such
`objection must be made for good cause and in writing, stating with partiCUlarity the reasons for
`objection. Failure to object within fourteen (14) days shall constitute! approval. If the parties are
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`5
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`PAGE 000004
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`Case 2:11-cv-01292-DWA Document 56 Filed 03/23/12 Page 5 of 11
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`Case 2:11-cv-01292-DWA Document 52-1 Filed 03121/12 Page 6 of 16
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`unable to resolve any objection, at either party's request the partie~, will jointly telephone the
`i'Pn designated special masterJthat same day to seek resolution. There shall be no
`S
`disclosure to any proposed individual during the fourteen (14) day objection period, unless that
`period is waived by the producing party, or if any objection is made, until the parties have
`resolved the objection, or the Court or special master has ruled upen any resultant motion. The
`parties shall meet and confer via telephone or in person to agree on a rescheduling of any case
`deadlines impacted by an objection. Neither the receiving party nor its counsel will be liable for
`the failure of any expert or consultant to timely provide the information called for in this
`paragraph.
`
`An initial failure to object to an individual under paragraph 10 shall not preclude
`11.
`the producing party from later objecting to continued access by thai individual for good cause,
`such as a status update. If an objection is made, the parties shall meet and confer via telephone
`or in person within seven (7) days following the objection and attempt in good faith to resolve
`the dispute informally. If the dispute is not resolved, at either party's request the parties will
`jointly telephone the ega (
`designated special masterlthat same day to seek resolution.
`The individual may continue to have access to information that was provided to him or her prior
`to the date of the objection. If a later objection is made, no further Confidential Information,
`Confidential Attorney Eyes Only Information, or Confidcn~~,.9utsid~i\_ttorney Eyes Only
`Source Code shall be disclosed to the individual until the"~I ••m.«'fSthe matter or the
`producing party withdraws its objection. Notwithstanding the foregoing, if the producing party
`fails to request resolution by the 1
`I special master within seven (7) days after the meet and
`confer, further Confidential Information, Confidential Attorney Eyl!s Only Information, or
`Confidential Outside Attorney Eyes Only Source Code may thereafter be provided to the
`individual. The parties shall meet and confer via telephone or in pt::rson to agree on a
`rescheduling of any case deadlines impacted by an objection.
`
`Counsel shall be responsible for the adherence by third-party vendors to the terms
`12.
`and conditions of this Protective Order. Counsel may fulfill this obI igation by obtaining a signed
`Confidentiality Agreement in the form attached as Exhibit C.
`
`Confidential Information, Confidential Attorney Eyes Only Information, or
`13.
`Confidential Outside Attorney Eyes Only Source Code may be disc!.osed to a person, not already
`allowed access to such information under this Protective Order, if:
`
`the information was previously received 01' authored by the person or was
`(a)
`authored or received by a director, officer, employee or agellt of the company for which
`the person is testifYing as a Rule 30(b)(6) designee;
`
`the designating party is the person or is a pany for whom the person is a
`(b)
`director, officer, employee, consultant or agent; or
`
`counsel for the party designating the material agrees that the material may
`(c)
`be disclosed to the person. In the event of disclosure under this paragraph, only the
`reporter, the person, his or her counsel, the judge and persons to whom disclosure may be
`made, and who are bound by the Protective Order, may be present during the disclosure
`or discussion of Confidential Information. Disclosure of material pursuant to this
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`6
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`PAGE 000005
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`Case 2:11-cv-01292-DWA Document 56 Filed 03/23/12 Page 6 of 11
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`Case 2:11-cv-01292-DWA Document 52-1 Filed 03121/12 Page 7 of 16
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`paragraph shall not constitute a waiver of the confidential status of the material so
`disclosed.
`
`Disclosure, Review, and Designation of Confidential Outside AUorney Eyes Only Source
`Code
`
`Any Confidential Outside Attorney Eyes Only Soun;e Code that is produced by
`14.
`the plaintiff shall be made available for inspection in electronic format at the San Francisco
`office of its outside counsel, Arnold & Porter LLP, or any other lo(:ation mutually agreed by the
`parties. Any Confidential Outside Attorney Eyes Only Source Code that is produced by Apple
`Inc. will be made available for inspection at the Palo Alto office of its outside counsel, Ropes &
`Gray LLP, or any other location mutually agreed by the parties. The parties shall meet and
`confer via telephone or in person to agree on appropriate days and times for any given inspection
`of Confidential Outside Attorney Eyes Only Source Code.
`
`All Confidential Outside Attorney Eyes Only Sourc,~: Code shall be made
`15.
`available by the producing party to the receiving party's outside cOLtnsel and/or experts in a
`secure room on a secured computer without Internet access or nen.york access to other
`computers, as necessary and appropriate to prevent and protect against any unauthorized
`copying, transmission, removal or other transfer of any Confidential Outside Attorney Eyes Only
`Source Code outside or away from the computer on which the Confidential Outside Attorney
`Eyes Only Source Code is provided for inspection (the "Source Code Computer" in the "Source
`Code Review Room"). The producing party shall install tools that are sufficient for viewing and
`searching the code produced, on the platform produced, if such tools exist and are presently used
`in the ordinary course of the producing party's business. The receiving party's outside counsel
`and/or experts may request that commercially available software tools for viewing and searching
`Confidential Outside Attorney Eyes Only Source Code be installed on the secured computer,
`provided, however, that (a) the receiving party possesses an appropriate license to such software
`tools; (b) the producing party approves such software tools; and (c) such other software tools are
`reasonably necessary for the receiving party to perform its review (Ifthe Confidential Outside
`Attorney Eyes Only Source Code consistent with all of the protections herein. In connection
`with the receiving party providing the producing party with the CD or DVD containing such
`licensed software tool(s), the parties shall meet and confer via telephone or in person to agree on
`appropriate days and times for any given inspection of Confidential Outside Attorney Eyes Only
`Source Code to take place using such tool(s).
`
`16. With the exception of one smartphone not to be used to record or transmit
`portions of code, no recordable media or recordable devices, including without limitation sound
`recorders, computers, peripheral equipment, cameras, CDs, DVDs, or drives of any kind, shall be
`permitted into the Source Code Review Room.
`
`The receiving party's outside counsel and/or experts shall be entitled to take notes
`17.
`relating to the Confidential Outside Attorney Eyes Only Source Code but may not copy the
`Confidential Outside Attorney Eyes Only Source Code into the not<,s and may not take such
`notes electronically on the Source Code Computer itself or any othe:r computer.
`
`7
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`PAGE 000006
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`Case 2:11-cv-01292-DWA Document 56 Filed 03/23/12 Page 7 of 11
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`Case 2:11-cv-01292-DWA Document 52-1 Filed 0:3/21/12 Page 8 of 16
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`A non-attorney designee of the producing party (or a neutral designee agreed to
`18.
`by the parties) may visually monitor the activities of the receiving party's representatives during
`any Confidential Outside Attorney Eyes Only Source Code review, but only to ensure that no
`unauthorized electronic records of the Confidential Outside Attorney Eyes Only Source Code is
`being created or transmitted in any way. Other than confirmation that no unauthorized electronic
`records of the Confidential Outside Attorney Eyes Only Source Code was being created or
`transmitted in any way, the designee shall provide no information to the producing party
`regarding the activities of the receiving party's representatives during any Confidential Outside
`Attorney Eyes Only Source Code review.
`
`No copies of all or any portion of the Confidential Outside Attorney Eyes Only
`19.
`Source Code may leave the room in which the Confidential Outsid,e Attorney Eyes Only Source
`Code is inspected except as otherwise provided herein. Further, no other written or electronic
`record of the Confidential Outside Attorney Eyes Only Source Code is permitted except as
`otherwise provided herein. The producing party shall make avallable a laser printer with
`commercially reasonable printing speeds for on-site printing during inspection ofthe
`Confidential Outside Attorney Eyes Only Source Code. The receiving party may print limited
`portions of the Confidential Outside Attorney Eyes Only Source Code that are narrowly tailored
`to the disputed issues in the case. Although any printed portion that consists of more than eight
`(8) pages ofa continuous block of Confidential Outside Attorney Eyes Only Source Code shall
`be presumed to be excessive, the parties shall meet and confer via telephone or in person if the
`requesting party requests a larger number of contiguous pages for a given printed portion. The
`receiving party shall not print Confidential Outside Attorney Eyes Only Source Code in order to
`review blocks ofConfidential Outside Attorney Eyes Only Source Code elsewhere in the first
`instance, i.e., as an alternative to reviewing that Confidential Outside Attorney Eyes Only Source
`Code electronically on the Source Code Computer, as the parties a(;knowledge and agree that the
`purpose ofthe protections herein would be frustrated by printing portions of code for such initial
`review and analysis elsewhere. Upon printing any such portions of Confidential Outside
`Attorney Eyes Only Source Code, the printed pages shall be collect,ed by the producing party.
`The producing party shall Bates number, copy, and label "CONFIDENTIAL OUTSIDE
`ATTORNEY EYES ONLY SOURCE CODE" any pages printed by the receiving party.
`
`20. Within a reasonable time period (to be set by the parties via meet and confer) not
`to exceed fourteen (14) days, the producing party shall either (i) provide one copy set of such
`pages to the receiving party or (ii) inform the receiving party that it objects that the printed
`portions are excessive and/or not done for a permitted purpose. If meet and confer over any such
`objection does not end in agreement, at either party's request the parties will jointly telephone
`the OS&@3L a designated special masterlthat same day to seek resolution of whether the printed
`Confidential Outside Attorney Eyes Only Source Code in question is narrowly tailored and was
`printed for a permitted purpose. The printed pages shall constitute part of the Confidential
`Outside Attorney Eyes Only Source Code produced by the producing party in this action.
`
`All persons who will review a producing party's Confidential Outside Attorney
`21.
`Eyes Only Source Code on behalf of a receiving party, including members of a receiving party's
`outside law firm, shall be identified in writing to the producing party a reasonable number of
`days (to be set by the parties via meet and confer) in advance of the first time that such person
`reviews such Confidential Outside Attorney Eyes Only Source Code. Such identification shall
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`8
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`PAGE 000007
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`Case 2:11-cv-01292-DWA Document 52-1 Filed O~1121/12 Page 9 of 16
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`be in addition to any other disclosure required under this Order. A 11 persons viewing
`Confidential Outside Attorney Eyes Only Source Code shall sign on each day they view
`Confidential Outside Attorney Eyes Only Source Code a log that will include the names of
`persons who enter the locked room to view the Confidential Outside Attorney Eyes Only Source
`Code and when they enter and depart. The producing party shall be! entitled to a copy ofthe log
`as soon as is practical, not to exceed five (5) days, upon notice to the receiving party.
`
`Unless otherwise agreed in advance by the parties in writing, following each day
`22.
`on which inspection is done under this Order, the receiving party's outside counsel and/or
`experts shall remove all notes, documents, and all other materials £i'om the Source Code Review
`Room. The producing party shall not be responsible for any items left in the room following
`each inspection session, and the receiving party shall have no expectation of confidentiality for
`any items left in the room following each inspection session without a prior agreement to that
`effect.
`
`Other than as provided above, the receiving party will not copy, remove, or
`23.
`otherwise transfer any Confidential Outside Attorney Eyes Only Source Code from the Source
`Code Computer including, without limitation, copying, removing, or transferring the
`Confidential Outside Attorney Eyes Only Source Code onto any rec:ordable media or recordable
`device. The receiving party will not transmit any Confidential Outside Attorney Eyes Only
`Source Code in any way from the producing party's facilities or th(! offices of its outside counsel
`of record.
`
`Absent express written permission from the producing party, the receiving party's
`24.
`outside counsel of record may make no more than three (3) additional paper copies of any
`portions ofthe Confidential Outside Attorney Eyes Only Source Code received from a producing
`party pursuant to paragraph 20. If, however, the receiving party's outside counsel of record
`requests to make more than three (3) such additional paper copies cf a given printed portion, the
`parties shall meet and confer via telephone or in person about the appropriate number of such
`copies for the portion in question. Pleadings will reference Confidcmtial Outside Attorney Eyes
`Only Source Code by Bates Number, but will not attach it; instead, the producing party will
`lodge under seal with the Court a copy of any Confidential Outside Attorney Eyes Only Source
`Code that is referenced by Bates Number in a filed pleading and that the filing party wishes to be
`submitted to the Court. The receiving party also shall maintain a log of all paper copies of the
`Confidential Outside Attorney Eyes Only Source Code. The log shall include the names of the
`reviewers and/or recipients of paper copies and locations where the paper copies are stored. The
`producing party shall be entitled to a copy of the log as soon as is p'actical, not to exceed five (5)
`days, upon notice to the receiving party.
`
`The receiving party's outside counsel of record and ,my person receiving a copy
`25.
`of any Confidential Outside Attorney Eyes Only Source Code shall maintain and store any paper
`copies of the Confidential Outside Attorney Eyes Only Source Code at their offices in a manner
`that prevents duplication of or unauthorized access to the Confidential Outside Attorney Eyes
`Only Source Code, including, without limitation, storing the Confidential Outside Attorney Eyes
`Only Source Code in a locked room or cabinet at all times when it is not in use.
`
`9
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`PAGE 000008
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`Case 2:11-cv-01292-DWA Document 52-1 Filed 03/21/12 Page 10 of 16
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`A reasonable number of days (to be set by the partks via meet and confer) before
`26.
`the date of the deposition, the receiving party shall notifY the producing party about the portions
`of any printed Confidential Outside Attorney Eyes Only Source Code it wishes to be brought to
`the deposition, and the producing party shall bring printed copies ofthose portions to the
`deposition. The receiving party also may bring one paper copy of such portions to the deposition
`for its own use, provided that it transports such copy to and from the deposition in a locked
`briefcase. Copies of Confidential Outside Attorney Eyes Only Source Code that are marked as
`deposition exhibits shall not be provided to the Court reporter or attached to deposition
`transcripts; rather, the deposition record will identifY the exhibit by its production numbers. All
`paper copies of Confidential Outside Attorney Eyes Only Source Code brought to the deposition,
`other than the one paper copy brought by the receiving party, shall remain with the producing
`party's outside counsel.
`
`Absent express written permission from the producing party, the receiving party
`27.
`may not create electronic images, or any other images, or make electronic copies, of the
`Confidential Outside Attorney Eyes Only Source Code from any paper copy of Confidential
`Outside Attorney Eyes Only Source Code for use in any manner (including by way of example
`only, the receiving party may not scan the Confidential Outside Attorney Eyes Only Source
`Code to a PDF or photograph the code). Images or copies of Confidential Outside Attorney Eyes
`Only Source Code shall not be included in correspondence betweell the parties (references to
`production numbers shall be used instead), and shall be omitted fram pleadings and other papers
`as discussed in paragraph 24 above. If a producing party agrees to produce an electronic copy of
`all or any portion of its Confidential Outside Attorney Eyes Only Source Code or provide written
`permission to the receiving party that an electronic or any other copy needs to be made, access to
`the receiving party's submission, communication, and/or disclosun: of electronic files or other
`materials containing any portion of Confidential Outside Attorney :Eyes Only Source Code
`(paper or electronic) shall at all times be limited solely to individuals who are expressly
`authorized to view Confidential Outside Attorney Eyes Only SourCI~ Code under the provisions
`of this Order. Where the producing party has provided the express written permission required
`under this provision for a receiving party to create electronic copies of Confidential Outside
`Attorney Eyes Only Source Code, the receiving party shall maintain a log of all such electronic
`copies of any portion of Confidential Outside Attorney Eyes Only Source Code in its possession
`or in the possession of its retained consultants, including the names of the reviewers and/or
`recipients of any such electronic copies, and the locations and manner in which the electronic
`copies are stored. Additionally, any such electronic copies must be labeled "CONFIDENTIAL
`OUTSIDE AITORNEY EYES ONLY SOURCE CODE."
`
`Non-Party Information.
`
`The existence of this Protective Order shall be disclosed to any person producing
`28.
`documents, tangible things or testimony in this action who may reasonably be expected to desire
`confidential treatment for such documents, tangible things or testimony. Any such person may
`designate documents, tangible things or testimony confidential pursuant to this Protective Order.
`
`10
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`PAGE 000009
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`Case 2:11-cv-01292-DWA Document 52-1 Filed 03/21112 Page 11 of 16
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`Filing Documents With the Court.
`
`In the event that any party wishes to submit Conl1dential Information to the Court,
`29.
`such party shall follow the procedures prescribed by the Court, including obtaining leave of
`Court prior to filing any documents under seal.
`
`No Prejudice.
`
`Producing or receiving confidential information, or otherwise complying with the
`30.
`terms ofthis Protective Order, shall not (a) operate as an admission by any party that any
`particular Confidential Information contains or reflects trade secrets or any other type of
`confidential or proprietary information; (b) prejudice the rights of a party to object to the
`production of information or material that the party does not consider to be within the scope of
`discovery; (c) prejudice the rights ofa party to seek a determination by the Court that particular
`materials be produced; (d) prejudice the rights of a party to apply t·] the Court for further
`protective orders; or (e) prevent the parties from agreeing in writin!~ to alter or waive the
`provisions or protections provided for herein with respect to any particular information or
`material.
`
`Conclusion of Litigation.
`
`31. Within sixty (60) calendar days after final judgment in this action, including the
`exhaustion of all appeals, or within sixty (60) calendar days after dismissal pursuant to a
`settlement agreement, each party or other person subject to the ternlS ofthis Protective Order
`shall be under an obligation to destroy or return to the producing party all materials and
`documents containing Confidential Information, Confidential Attomey Eyes Only Information,
`or Confidential Outside Attorney Eyes Only Source Code, and to c.;:rtify to the producing party
`such destruction or return. However, outside counsel for any party shall be entitled to retain all
`court papers, trial transcripts, exhibits and attorney work provided 1hat any such materials are
`maintained and protected in accordance with the terms of this Prote.:;tive Order.
`
`Other Proceedings.
`
`By entering this Order and limiting the disclosure of information in this case, the
`32.
`Court does not intend to preclude another court from finding that information may be relevant
`and subject to disclosure in another case. Any person or parties subject to this Protective Order
`that may be subject to a motion to disclose ano