IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`
`
`CALLWAVE COMMUNICATIONS, LLC,
`
`
`C.A. No. 12-1701-RGA
`
`
`C.A. No. 12-1702-RGA
`
`
`C.A. No. 12-1703-RGA
`
`
`Plaintiff,
`
`
`
`v.
`
`
`AT&T MOBILITY, LLC, and GOOGLE INC.,
`
`
`Defendants.
`
`
`
`
`
`CALLWAVE COMMUNICATIONS, LLC,
`
`
`Plaintiff,
`
`
`
`v.
`
`
`SPRINT NEXTEL CORP. and GOOGLE INC.,
`
`
`Defendants.
`
`
`
`
`
`CALLWAVE COMMUNICATIONS, LLC,
`
`
`Plaintiff,
`
`
`
`v.
`
`
`T-MOBILE USA INC. and GOOGLE INC.,
`
`
`Defendants.
`
`
`
`
`
`
`1
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`Patent Owner Exhibit 2013
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`

`

`
`CALLWAVE COMMUNICATIONS, LLC,
`
`
`Plaintiff,
`
`
`
`v.
`
`
`VERIZON COMMUNICATIONS, INC.,
`CELLCO PARTNERSHIP, D.B.A. VERIZON
`WIRELESS, and GOOGLE INC.,
`
`
`Defendants.
`
`
`
`
`
`CALLWAVE COMMUNICATIONS, LLC,
`
`
`Plaintiff,
`
`
`
`v.
`
`
`AT&T MOBILITY, LLC; BLACKBERRY
`LIMITED, and BLACKBERRY CORP.,
`
`
`Defendants.
`
`
`
`
`BROADSOFT INC.,
`
`
`
`
`Plaintiff,
`
`v.
`
`
`CALLWAVE COMMUNICATIONS, LLC,
`
`
`Defendant.
`
`
`
`
`
`
`
`2
`
`C.A. No. 12-1704-RGA
`
`
`C.A. No. 12-1788-RGA
`
`
`C.A. No. 13-0711-RGA
`
`
`Patent Owner Exhibit 2013
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`

`

`AGREED PROTECTIVE ORDER
`
`In order to expedite the flow of discovery materials, facilitate the prompt resolution of
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`disputes over confidentiality of discovery materials, adequately protect information the parties
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`are entitled to keep confidential, ensure that only materials the parties are entitled to keep
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`confidential are subject to such treatment, and ensure that the parties are permitted reasonably
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`necessary uses of such materials in preparation for and in the conduct of trial, pursuant to Fed. R.
`
`Civ. P. 26(c), it is hereby ORDERED THAT:
`
`1.
`
`INFORMATION SUBJECT TO THIS ORDER
`
`Discovery materials produced in this case may be labeled as one of three categories:
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`CONFIDENTIAL, CONFIDENTIAL OUTSIDE COUNSEL ONLY and RESTRICTED
`
`CONFIDENTIAL ‑ SOURCE CODE, as set forth in Items A through C below. All three of the
`
`identified categories of information shall be identified collectively in this Order by the title
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`“Protected Information.” For purposes of this order, CallWave Communications, LLC
`
`(“CallWave”) shall be referred to as “Plaintiff,” regardless of whether CallWave is a plaintiff or
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`declaratory judgment defendant in each action. For purposes of this order, parties accused of
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`infringement by CallWave or contesting infringement of CallWave patents shall be referred to as
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`“Defendants,” regardless of whether such party is a defendant or a declaratory judgment plaintiff
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`in each action.
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`
`
`A. Information Designated as Confidential Information
`
`1.
`
`For purposes of this Order, "CONFIDENTIAL INFORMATION" shall
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`mean all information or material produced for or disclosed in connection with these actions to a
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`receiving party that a producing party, including any party to these actions and any non-party
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`producing information or material voluntarily or pursuant to a subpoena or a court order in
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`connection with these actions, considers to comprise confidential technical, sales, marketing,
`
`
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`financial, or other commercially sensitive information, whether embodied in physical objects,
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`documents, or the factual knowledge of persons, and which has been so designated by the
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`producing party. Any CONFIDENTIAL INFORMATION obtained from any party pursuant to a
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`discovery request in a given Track (as defined in 12-cv-1701, D.I. 57, ¶ 1) may be used only for
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`purposes of the respective Track in which it was produced and may not be disclosed to or used in
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`connection with any other party without the consent of the producing party. If the receiving
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`party contends that specifically identified portions of the CONFIDENTIAL INFORMATION of
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`the producing party are reasonably necessary for its case preparation in connection with a claim
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`against another party in the same Track in which it was produced, the receiving party may seek
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`consent of the producing party and provide notice of such request to the party against whom the
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`material is sought to be used, or seek leave of Court to disclose the specifically identified
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`CONFIDENTIAL INFORMATION to the other party.
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`2.
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`Any document or tangible thing containing or including any
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`CONFIDENTIAL INFORMATION may be designated as such by the producing party by
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`marking it "CONFIDENTIAL" prior to or at the time copies are furnished to the receiving party.
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`3.
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`All CONFIDENTIAL INFORMATION not reduced to documentary,
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`tangible or physical form or which cannot be conveniently designated as set forth in paragraph 2,
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`shall be designated by the producing party by informing the receiving party of the designation in
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`writing.
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`4.
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`Any documents (including physical objects) made available for inspection
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`by counsel for the receiving party prior to producing copies of selected items shall initially be
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`considered, as a whole, to constitute CONFIDENTIAL INFORMATION (unless otherwise
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`designated at the time of inspection) and shall be subject to this Order. Thereafter, the producing
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`party shall have a reasonable time, but in no event more than seventeen (17) days from the
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`
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`inspection to review and designate the appropriate documents as CONFIDENTIAL
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`INFORMATION (or otherwise as appropriate) and to furnishing copies to the receiving party.
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`5.
`
`The following information is not CONFIDENTIAL INFORMATION:
`
`a.
`
`Any information that is or, after its disclosure to a receiving party,
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`becomes part of the public domain as a result of publication not involving a violation of this
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`Order or other obligation to maintain the confidentiality of such information;
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`b.
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`Any information that the receiving party can show was already
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`publicly known prior to the disclosure; and,
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`c.
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`Any information that the receiving party can show by written
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`records was received by it from a source who obtained the information lawfully and under no
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`obligation of confidentiality to the producing party.
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`6.
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`Documents designated CONFIDENTIAL and information contained
`
`therein shall be available only to:
`
`a.
`
`Outside litigation counsel of record and supporting personnel
`
`employed in the law firm(s) of outside litigation counsel of record (and not hired as a
`
`consultant), such as attorneys, paralegals, legal translators, technical specialists, patent agents,
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`legal secretaries, legal clerks and shorthand reporters;
`
`b.
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`Technical advisers and their necessary support personnel, and
`
`technical specialists who are not full-time employees of the law firm(s) of outside litigation
`
`counsel of record, subject to the provisions of Paragraphs 3.A.-3.F. herein, and who have signed
`
`the form attached hereto as Attachment A; the term “technical adviser” shall mean independent
`
`outside expert witnesses, technical specialists or consultants (i.e., not employees of a party) with
`
`whom counsel may deem it necessary to consult and who have been designated in compliance
`
`with Paragraphs 3.C. - 3.F. of this Protective Order;
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`
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`c.
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`Up to two in-house counsel, who are members of at least one state
`
`bar in good standing, with responsibility for managing these actions except that Defendants' in-
`
`house counsel and employees under this paragraph shall not have access to any other Defendants'
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`CONFIDENTIAL INFORMATION;
`
`d.
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`The Court, its personnel and stenographic reporters (under seal or
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`with other suitable precautions determined by the Court);
`
`e.
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`Independent legal translators retained to translate in connection
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`with this action; independent stenographic reporters and videographers retained to record and
`
`transcribe testimony in connection with this action; graphics, translation, or design services
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`retained by counsel for purposes of preparing demonstrative or other exhibits for deposition,
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`trial, or other court proceedings in the actions; vendors retained by counsel for the purposes of
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`duplicating documents, hosting or managing document production databases; non–technical jury
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`or trial consulting services.
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`(f)
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`Any mediator who is assigned to hear this matter, and his or her
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`staff, subject to their agreement to maintain confidentiality to the same degree as required by this
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`Protective Order; and
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`party.
`
`(g)
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`Any other person with the prior written consent of the producing
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`B. Information Designated Confidential Outside Counsel Only
`
`1.
`
`The CONFIDENTIAL OUTSIDE COUNSEL ONLY designation is
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`reserved for Protected Information that constitutes (a) marketing, financial, sales, web traffic,
`
`research and development, or technical, data or information; (b) commercially sensitive
`
`competitive information, including, without limitation, information obtained from a nonparty
`
`pursuant to a current confidentiality obligation reflected in a written agreement; (c) information
`
`
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`or data relating to future products not yet commercially released and/or strategic plans; and, (d)
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`commercial agreements, settlement agreements or settlement communications, the disclosure of
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`which is likely to cause harm to the competitive position of the producing party. Documents
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`marked CONFIDENTIAL OUTSIDE ATTORNEYS’ EYES ONLY, CONFIDENTIAL or
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`RESTRICTED CONFIDENTIAL shall be treated as if designated CONFIDENTIAL OUTSIDE
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`COUNSEL ONLY. In determining whether information should be designated as
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`CONFIDENTIAL OUTSIDE COUNSEL ONLY, each party agrees to use such designation only
`
`in good faith.
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`2.
`
`Documents designated CONFIDENTIAL OUTSIDE COUNSEL ONLY
`
`and information contained therein shall be available only to the persons or entities listed in
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`Paragraphs 1.A.6.a, b, d, e, f and g subject to any terms set forth or incorporated therein.
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`Further, documents designated CONFIDENTIAL OUTSIDE COUNSEL ONLY and information
`
`contained therein shall be available to in-house counsel designated pursuant to Paragraph
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`1.A.6.c, provided that such in-house counsel (1) is not involved in competitive decision-making,
`
`as defined by U.S. Steel v. United States, 730 F.2d 1465, 1468 n.3 (Fed. Cir. 1984); (2) have
`
`signed the undertaking attached hereto as Attachment B; and (3) is not subject to unresolved
`
`objections after proper notice has been given to all Parties as set forth in Paragraph 3.A.-F.
`
`below. For the purposes of this paragraph, “competitive decision-making” does not include
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`involvement in the preparation or prosecution of reexaminations, inter-partes reviews, reissue
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`applications, or any other post-grant proceeding in any patent office. For avoidance of doubt, no
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`such in-house counsel designated by a Defendant shall have access to any other Defendants’
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`CONFIDENTIAL OUTSIDE COUNSEL ONLY INFORMATION.
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`3.
`
`An exception to the bar against Defendants’ in-house counsel receiving
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`material designated Confidential by another Defendant may be made for redacted versions of
`
`
`
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`license and/or settlement agreements between CallWave and any Defendant which relate to the
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`patents-in-suit (“License Agreements”). Specifically, even where a License Agreement has been
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`designated as CONFIDENTIAL OUTSIDE COUNSEL ONLY, a version of that License
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`Agreement that has been redacted as to any confidential technical or financial information of the
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`settling Defendant, except for the payment amount and royalty rate of such License Agreement,
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`may be disclosed without further written consent to in-house counsel of the non-settling
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`Defendants permitted access to CONFIDENTIAL OUTSIDE COUNSEL ONLY pursuant to
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`Paragraph 1.B.2. If a settling Defendant does not prepare and provide to Plaintiff a redacted
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`version of such License Agreement within 10 business days of receiving a written request for a
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`redacted License Agreement, outside litigation counsel of record for any non-settling Defendant
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`may prepare a redacted version of such License Agreement consistent with the requirements of
`
`this provision. In the event a non-settling Defendant prepares a redacted version, that redacted
`
`version shall be provided to the outside counsel of record of the settling Defendant. The settling
`
`defendant shall have 10 business days from receipt of the redacted version to provide any
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`modifications to the redacted version. The redacted version shall not be provided to in-house
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`counsel prior to expiration of this 10 business day period or receipt of consent in writing from
`
`the settling Defendant.
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`4.
`
`Any documents produced in this action under Delaware Local Rule 26.2
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`before the entry of this Order shall be treated as if they were produced under this Order with the
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`confidentiality designation indicated on any such document. To the extent the level of
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`confidentiality is unclear, any such document will be deemed to have a CONFIDENTIAL
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`OUTSIDE COUNSEL ONLY designation.
`
`C.
`
`Information Designated Restricted Confidential - Source Code
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`
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`1.
`
`The RESTRICTED CONFIDENTIAL - SOURCE CODE designation is
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`reserved for Protected Information that contains a party's “Source Code.” “Source Code” means
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`human-readable programming language text that defines software, and/or firmware. Source Code
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`further includes the text of any comments associated with any of the foregoing, configuration
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`files controlling firmware and/or software functionalities, and any files containing any of the
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`foregoing. Source Code includes any text written in any high-level programming language
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`defining firmware and/or software functionalities implemented on an integrated circuit, files
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`containing text written in C, C++,C#, Objective C, MATLAB, assembly language and macros,
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`digital signal processor (DSP) programming languages, and other programming languages.
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`Source Code further includes any “include files,” “make” files, “link” files, and other human-
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`readable text files used in the generation and/or building of firmware or software directly
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`executed on a microprocessor, micro-controller, or DSP.
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`2.
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`All such Source Code designated as “RESTRICTED CONFIDENTIAL —
`
`SOURCE CODE,” shall be subject to the following provisions:
`
`a.
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`Source Code, to the extent any producing party provides any such
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`information, shall be made available in electronic format at one of the following locations chosen
`
`at the sole discretion of the producing party: (1) the offices of the producing party’s primary
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`outside counsel of record in this action; (2) a single site located within any judicial district in
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`which the Source Code is stored in the ordinary course of business; or (3) a location mutually
`
`agreed upon by the receiving and producing parties. Source Code will be loaded on a single, non-
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`networked computer that is password protected and maintained in a secure, locked area (“Source
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`Code Computer”). Use or possession of any input/output device (e.g., USB memory stick,
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`cameras or any camera-enabled device, CDs, floppy disk, portable hard drive, laptop, etc.) is
`
`prohibited while accessing the Source Code Computer. All persons entering the locked room
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`
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`containing the Source Code Computer must agree to submit to reasonable security measures to
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`insure they are not carrying any prohibited items before they will be given access to the locked
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`room. The Source Code Computer will be made available for inspection during regular business
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`hours but in any event from at least 9 AM to 6 PM on non-holiday weekdays, upon reasonable
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`notice to the producing party, which shall not be less than three business days in advance of the
`
`requested inspection. The receiving party shall maintain a daily log of the names of persons who
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`enter the locked room to view the Source Code and when they enter and depart. The producing
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`party shall be entitled to have a person observe all entrances and exits from the Source Code
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`viewing room, and to a copy of the log upon five business days’ notice. The log may not be used
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`for any purpose other than to ensure compliance with this Order.
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`b.
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`The receiving party's outside counsel and/or experts may request
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`that commercially available licensed software tools for viewing and searching Source Code be
`
`installed on the Source Code Computer. The producing party shall install such tools, at the
`
`receiving party's expense, prior to any subsequent inspection by the receiving party. At least the
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`following commercially available tools shall be acceptable under this provision: UE Studio,
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`Notepad++, Cygwin, MS Visual Studio Suite, Understand, Eclipse, Slick Edit 2013,
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`PowerGREP, Cygnus Hex Editor, Altera, Microsoft Office 2007 or newer, Adobe Acrobat,
`
`Nuance PDF Create 8, 7-zip, and Source-Navigator. The receiving party must provide the
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`producing party with the CD or DVD containing such software tool(s) at least two business days
`
`in advance of the inspection at no expense to the producing party. Alternatively, the receiving
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`party may provide links from which the producing party may download the licensed software
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`tool(s) without paying a fee at least two (2) business days in advance of the inspection.
`
`c.
`
`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
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`
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`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
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`written or electronic record of the Source Code is permitted except as otherwise provided herein.
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`d.
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`No person shall copy, e-mail, transmit, upload, download, print,
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`photograph or otherwise duplicate any portion of the designated Source Code, except as the
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`receiving party may request a reasonable number of pages of Source Code to be printed by the
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`producing party, but only if and to the extent necessary for use in this action. Requests for less
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`than 35 consecutive pages, and an aggregate total of less than 350 pages, of Source Code per
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`Defendant, per Track (as defined in the Scheduling Order, 12-cv-1701 D.I. 57), during the
`
`duration of the case, without prior written approval by the producing party shall be
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`presumptively reasonable. Within five business days of such a request, or in such additional
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`time as reasonably necessary due to volume requested but not to exceed seven business days, the
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`producing party shall provide the requested printed material on watermarked or colored paper
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`bearing Bates numbers and the legend “RESTRICTED CONFIDENTIAL - SOURCE CODE"
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`unless objected to as discussed below. The printed pages shall constitute part of the Source Code
`
`produced by the producing party in this action. At the inspecting parties request, up to three
`
`additional sets (or subsets) of printed Source Code may be requested and shall be provided by the
`
`producing party in a timely fashion and within five business days of such request.
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`
`
`
`
`
`
`e.
`
`If the producing party objects that the printed portions are not
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`reasonably necessary to any case preparation activity, the producing party shall make such
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`objection known to the receiving party within five business days of the request. If after meeting
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`and conferring the producing party and the receiving party cannot resolve the objection, the
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`parties may seek a Court resolution of whether the requested printed portions in question are
`
`reasonably necessary to any case preparation activity. In the event that the quantity of requested
`
`
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`printed portions is “presumptively reasonable” under Section 1.C.2.d, above, the producing party
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`shall have the burden to move the Court and show that the request is unreasonable. If the
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`producing party objects to the requested printing of presumptively reasonable portions, the
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`parties shall meet and confer within five (5) business days. In the event that the parties are
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`unable to resolve the dispute through good-faith negotiations, the producing party may move the
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`Court to prevent such printing within seven (7) business days. The filing of such a motion shall
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`toll the obligation to produce the requesting printed portions and such Contested Source Code
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`print outs need not be produced to the requesting party until the matter is resolved by the Court.
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`f.
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`Any printed pages of Source Code, and any other documents or
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`things reflecting Source Code that have been designated by the producing party as
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`“RESTRICTED CONFIDENTIAL - SOURCE CODE” may not be copied, digitally imaged or
`
`otherwise duplicated, except in limited excerpts necessary to attach as exhibits to depositions,
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`expert reports, or court filings as discussed below.
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`g.
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`Any paper copies designated “RESTRICTED CONFIDENTIAL -
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`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
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`access Source Code; (iii) the site where any deposition is taken (iv) the Court; or (v) any
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`intermediate location necessary to transport the information to a hearing, trial or deposition. Any
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`such paper copies shall be maintained at all times in secure location under the control of counsel
`
`responsible for maintaining the security and confidentiality of the designated materials or outside
`
`experts or consultants who have been approved to access Source Code, as the case may be.
`
`Outside experts or consultants in possession of Source Code outside of counsel’s officers must
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`store the Source Code in a secure location inaccessible to others.
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`
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`h.
`
`A list of names of persons who will view the Source Code will be
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`provided to the producing party in conjunction with any written (including email) notice
`
`requesting inspection.
`
`i.
`
`Unless otherwise agreed in advance by the parties in writing,
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`following each inspection, the receiving party’s outside counsel and/or experts shall remove all
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`notes, documents, and all other materials from the room containing the Source Code Computer
`
`that may contain work product and/or attorney-client privileged information. The producing
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`party shall not be responsible for any items left in the room following each inspection session.
`
`j. The receiving party will not copy, remove, or otherwise transfer any
`
`portion of the Source Code from the Source Code Computer including, without limitation,
`
`copying, removing, or transferring any portion of the Source Code onto any other computers or
`
`peripheral equipment. The receiving party will not transmit any portion of the Source Code in
`
`any way from the location of the Source Code inspection. For clarity, notes taken as provided in
`
`Paragraph 2. c. above may be removed from the location of the Source Code inspection.
`
`k.
`
`Only the following individuals shall have access to
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`“RESTRICTED CONFIDENTIAL - SOURCE CODE” materials, absent the express written
`
`consent of the producing party or further court order:
`
`(1)
`
`Outside counsel of record for the parties to this action,
`
`including any attorneys, paralegals, technology specialists and clerical employees of their
`
`respective law firms, provided, however, that Defendants’ outside counsel shall not have access
`
`to any other Defendants’ “RESTRICTED CONFIDENTIAL - SOURCE CODE” materials;
`
`(2)
`
`Up to four (4) outside experts or consultants per party, pre-
`
`approved in accordance with Paragraphs 3.A.-3.F. and specifically identified as eligible to access
`
`Source Code;
`
`
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`(3)
`
`The Court, its technical advisor (if one is appointed), the
`
`jury, court personnel, and court reporters or videographers recording testimony or other
`
`proceedings in this action. Court reporters and/or videographers shall not retain or be given
`
`copies of any portions of the Source Code. Copies of 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;
`
`(4) While testifying at deposition or trial in this action only: (i)
`
`any current or former officer, director or employee of the producing party or original source of
`
`the information; (ii) any person designated by the producing party to provide testimony pursuant
`
`to Rule 30(b)(6) of the Federal Rules of Civil Procedure; and/or (iii) any person who authored,
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`previously received (other than in connection with these actions), or was directly involved in
`
`creating, modifying, or editing the Source Code, as evident from its face or reasonably certain in
`
`view of other testimony or evidence. Persons authorized to view Source Code pursuant to this
`
`sub-paragraph shall not retain or be given copies of the Source Code except while so testifying.
`
`l.
`
`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 qualified person under Paragraph k above. 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 qualified person that receives a
`
`copy of any portion of the Source Code;
`
`m. Without consent from the producing party, the receiving party may
`
`not create electronic images, or any other images, of the Source Code from the paper copy for
`
`use on a computer (e.g., may not scan the source code to a PDF, or photograph the code).
`
`
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`n.
`
`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
`
`RESTRICTED CONFIDENTIAL-SOURCE CODE or (2) those pages containing quoted Source
`
`Code will be separately bound, and stamped and treated as RESTRICTED CONFIDENTIAL-
`
`SOURCE CODE.
`
`o.
`
`All copies of any portion of the Source Code in whatever form
`
`shall be securely destroyed immediately after the conclusion of the action in which it was
`
`produced.
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`2.
`
`
`
`PROSECUTION BAR
`
`A.
`
`Absent written consent of the owner of the Protected Information, any person
`
`reviewing, on behalf of Plaintiff, Protected Information containing technical information of a
`
`current or future product or service of a Defendant (all of which shall also be automatically
`
`considered as “Prosecution Bar Materials”) shall not, for a period commencing upon receipt of
`
`such information and ending one year following the conclusion of the above captioned action
`
`within which the Defendant appears as defendant (including any appeals) engage in any
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`Prosecution Activity (as defined below) substantially related to the subject matter of the
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`Prosecution Bar Materials reviewed by the person. For products accused of infringing U.S.
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`Patent No. 6,771,970, the subject matter of the Prosecution Bar Materials shall be deemed to
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`include be determining the location of a mobile device through a plurality of remote tracking
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`systems. For products accused of infringing U.S. Patent No. 7,907,933, the subject matter of the
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`Prosecution Bar Materials shall be deemed to include be carrier billing. For products accused of
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`infringing U.S. Patent Nos. 7,397,910; 7,555,110; 7,636,428; 7,822,188; 7,839,987; 8,064,588;
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`8,325,901; and/or 8,351,591, the subject matter of the Prosecution Bar Materials shall be deemed
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`to include be call processing, including but not limited to call screening, call handling, follow-
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`me, caller-ID spoofing, and similar calling features.
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`B.
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`Prosecution Activity shall mean any activity related to the competitive business
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`decisions involving the preparation or prosecution (for any person or entity) of patent
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`applications substantially related to the subject matter of the Prosecution Bar Materials reviewed
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`by the person, or advising or counseling clients regarding the same, including but not limited to
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`providing any advice, counseling or drafting of claims for any patent application, reexamination,
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`inter partes review, reissue patent application, or any other post-grant proceeding at any patent
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`office. Prosecution Activity does not include (1) activities by parties’ counsel or their clients and
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`affiliates in challenging the validity of a patent in reexaminations, inter-parties reviews, or other
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`post-grant challenges to patents, or (2) activities by any person subject to this provision for
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`purposes of performing administrative tasks for pending patent application on which the person
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`is an inventor and which were filed before January 1, 2014. Administrative tasks in this context
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`do not include directly or indirectly (e.g., by advising) drafting or revising patent applications,
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`responses to office actions, amendments, examiner interviews or any invention disclosures used
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`in a patent applicationclaims that are substantially related to the subject matter of the information
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`disclosed in the Prosecution Bar Materials. Administrative tasks are only meant to include
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`[CallWave to insert what is believes is necessary] Nothing in this paragraph shall prevent any
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`attorney from sending non-confidential prior art to an attorney involved in patent prosecution for
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`purposes of ensuring that such prior art is submitted to the U.S. Patent and Trademark Office (or
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`any similar agency of a foreign government) to assist a patent applicant in complying with its
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`duty of candor. Nothing in this provision shall prohibit any attorney of record in these actions
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`from discussing any aspect of this case that is reasonably necessary for the prosecution or
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`defense of any claim or counterclaim in these actions with his/her client.
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`C. Experts may be designated to consult in a particular Track and not other Tracks. If an
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`expert is so designated, such expert is only authorized to receive Protected Information relevant
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`to the designated Track and the Prosecution Bar shall only apply to such expert only for the
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`subject matter of the Prosecution Bar Materials disclosed in the designated Track.
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`3.
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`DISCLOSURE OF TECHNICAL ADVISERS AND IN-HOUSE COUNSEL
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`A.
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`Information designated by the producing party under any category of Protected
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`Information and such copies of this information as are reasonably necessary for maintaining,
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`defending or evaluating these actions may be furnished and disclosed to the receiving party's
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`experts, technical advisers and their necessary support personnel.
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`B.
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`No disclosure of Protected Information to an expert, technical adviser or their
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`necessary support personnel shall occur until that person has signed the form attached hereto as
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`Attachment A, and no disclosure of CONFIDENTIAL OUTSIDE COUNSEL ONLY
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`information to in-house counsel shall occur until that person has signed the form attached hereto
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`as Attachment B, and a signed copy has been provided to the producing party; and to the extent
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`there has been an objection under Paragraph 3.C., that objection is resolved according to the
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`procedures set forth below.
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`C.
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`A party desiring to disclose Protected Information to an expert or technical
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`adviser or CONFIDENTIAL OUTSIDE COUNSEL ONLY information to in-house counsel
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`shall also give prior written notice of the intended disclosure by email to all counsel of record in
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`these actions, and the producing party shall have ten days after such notice is given to object in
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`writing to the disclosure. The party desiring to disclose Protected Information to a technical
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`adviser must provide the following information for each such technical adviser: name, address,
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`curriculum vitae, current employer, employment history for the past ten years, a listing of cases
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`in which the witness has testified as an expert at trial or by deposition within the preceding five
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`years, and an identification of any patents or patent applications in which the technical adviser is
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`identified as an inventor or applicant, is involved in prosecuting or maintaining, or has any
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`pecuniary interest. The party desiring to disclose CONFIDENTIAL OUTSIDE COUNSEL
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`ONLY information to in-house counsel must provide the following information for e