`Case 2:18-cv-00546-JRG Document 79 Filed 11/13/19 Page 1 of 17 PageID #: 3685
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`CANON, INC.
`
`v.
`
`TCL ELECTRONICS HOLDINGS LTD., et
`al.
`
`§
`§
`§
`§
`§
`
`Case No. 2:18-CV-546-JRG
`
`PROTECTIVE ORDER
`WHEREAS, Plaintiff Canon, Inc. (“Canon” or “Plaintiff”), and Defendants TCL Electronics
`
`Holdings Ltd. (formerly known as TCL Multimedia Technology Holdings, Ltd.), TCL Corporation
`
`(“TCL Corp.”), Shenzhen TCL New Technologies Co. Ltd., TCL King Electrical Appliances
`
`(Huizhou) Co., Ltd., TCL King Electronics (Chengdu) Co., Ltd., TCL King Electrical Appliances
`
`(Nanchang) Co., Ltd., TCL Tongli Electronics (Huizhou) Co., Ltd. and Tonly Electronics Holdings
`
`Ltd. (collectively, “TCL” or “Defendants”), hereafter referred to collectively as “the Parties,”
`
`believe that certain information that is or will be encompassed by discovery demands by the Parties
`
`involves the production or disclosure of trade secrets, confidential business information, or other
`
`proprietary information;
`
`WHEREAS, the Parties seek a protective order limiting disclosure thereof in accordance with
`
`Federal Rule of Civil Procedure 26(c):
`
`THEREFORE, it is hereby stipulated among the Parties and ORDERED that:
`
`1.
`
`Each Party may designate as confidential for protection under this Order, in whole or in part,
`
`any document, information or material that constitutes or includes, in whole or in part,
`
`confidential or proprietary information or trade secrets of the Party or a Third Party to whom
`
`1
`
`CANON EXHIBIT 2017
`Roku, Inc. v. Canon Kabushiki Kaisha
`IPR2020-00342
`
`Page 1 of 17
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`

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`Case 2:18-cv-00546-JRG Document 79 Filed 11/13/19 Page 2 of 17 PageID #: 3686
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`the Party reasonably believes it owes an obligation of confidentiality with respect to such
`
`document, information or material (“Protected Material”). Protected Material shall be
`
`designated by the Party producing it by affixing a legend or stamp on such document,
`
`information or material as
`
`follows: “CONFIDENTIAL,” “RESTRICTED
`
`-
`
`ATTORNEYS’ EYES ONLY,” or “RESTRICTED CONFIDENTIAL SOURCE CODE.”
`
`The word(s) “CONFIDENTIAL,” “RESTRICTED - ATTORNEYS’ EYES ONLY,” or
`
`“RESTRICTED CONFIDENTIAL SOURCE CODE” shall be placed clearly on each page
`
`of the Protected Material (except deposition and hearing transcripts) for which such
`
`protection
`
`is sought. For deposition and hearing
`
`transcripts,
`
`the word(s)
`
`“CONFIDENTIAL,”
`
`“RESTRICTED
`
`- ATTORNEYS’ EYES ONLY,”
`
`or
`
`“RESTRICTED CONFIDENTIAL SOURCE CODE” shall be placed on the cover page of
`
`the transcript (if not already present on the cover page of the transcript when received from
`
`the court reporter) by each attorney receiving a copy of the transcript after that attorney
`
`receives notice of the designation of some or all of that transcript as “CONFIDENTIAL.”
`
`2.
`
`Any document produced under Patent Rules 2-2, 3-2, and/or 3-4 before issuance of this
`
`Order with the designation “Confidential” or “Confidential - Outside Attorneys’ Eyes Only”
`
`shall receive the same treatment as if designated “RESTRICTED - ATTORNEYS’ EYES
`
`ONLY” under this Order, unless and until such document is redesignated to have a different
`
`classification under this Order.
`
`3.
`
`With respect to documents, information or material designated “CONFIDENTIAL,”
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`“RESTRICTED - ATTORNEYS’ EYES ONLY,” or “RESTRICTED CONFIDENTIAL
`
`2
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`Case 2:18-cv-00546-JRG Document 79 Filed 11/13/19 Page 3 of 17 PageID #: 3687
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`SOURCE CODE” (“DESIGNATED MATERIAL”),1 subject to the provisions herein and
`
`unless otherwise stated, this Order governs, without limitation: (a) all documents,
`
`electronically stored information, and/or things as defined by the Federal Rules of Civil
`
`Procedure; (b) all pretrial, hearing or deposition testimony, or documents marked as exhibits
`
`or for identification in depositions and hearings; (c) pretrial pleadings, exhibits to pleadings
`
`and other court filings; (d) affidavits; and (e) stipulations. All copies, reproductions,
`
`extracts, digests and complete or partial summaries prepared from any DESIGNATED
`
`MATERIALS shall also be considered DESIGNATED MATERIAL and treated as such
`
`under this Order.
`
`4.
`
`A designation of Protected Material (i.e., “CONFIDENTIAL,” “RESTRICTED -
`
`ATTORNEYS’ EYES ONLY,” or “RESTRICTED CONFIDENTIAL SOURCE CODE”)
`
`may be made at any time. Inadvertent or unintentional production of documents,
`
`information or material that has not been designated as DESIGNATED MATERIAL shall
`
`not be deemed a waiver in whole or in part of a claim for confidential treatment. Any party
`
`that inadvertently or unintentionally produces Protected Material without designating it as
`
`DESIGNATED MATERIAL may request destruction of that Protected Material by notifying
`
`the recipient(s), as soon as reasonably possible after the producing Party becomes aware of
`
`the inadvertent or unintentional disclosure, and providing replacement Protected Material
`
`that is properly designated. The recipient(s) shall destroy all copies of the inadvertently or
`
`unintentionally produced Protected Materials and any documents, information or material
`
`                                                            
`1 The term DESIGNATED MATERIAL is used throughout this Protective Order to refer
`to the class of materials designated as “CONFIDENTIAL,” “RESTRICTED - ATTORNEYS’
`EYES ONLY,” or “RESTRICTED CONFIDENTIAL SOURCE CODE,” both individually and
`collectively. 
`
`3
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`Case 2:18-cv-00546-JRG Document 79 Filed 11/13/19 Page 4 of 17 PageID #: 3688
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`derived from or based thereon as soon as the recipient(s) receives notices by the designating
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`party of the inadvertent or unintentional production.
`
`5.
`
`“CONFIDENTIAL” documents, information and material may be disclosed only to the
`
`following persons, except upon receipt of the prior written consent of the designating party,
`
`upon order of the Court, or as set forth in paragraph 12 herein:
`
`(a)
`
`(b)
`
`(c)
`
`(d)
`
`(e)
`
`
`
`
`
`
`
`outside counsel of record in this Action for the Parties;
`
`employees of such counsel assigned to and reasonably necessary to assist such
`counsel in the litigation of this Action;
`
`in-house counsel for the Parties who either have responsibility for making decisions
`dealing directly with the litigation of this Action, or who are assisting outside
`counsel in the litigation of this Action;
`
`up to and including three (3) designated representatives of each of the Parties to the
`extent reasonably necessary for the litigation of this Action, except that either party
`may in good faith request the other party’s consent to designate one or more
`additional representatives, the other party shall not unreasonably withhold such
`consent, and the requesting party may seek leave of Court to designate such
`additional representative(s) if the requesting party believes the other party has
`unreasonably withheld such consent;
`
`outside consultants or experts (i.e., not existing employees or affiliates of a Party or
`an affiliate of a Party) retained for the purpose of this litigation, provided that: (1)
`such consultants or experts are not presently employed by the Parties hereto for
`purposes other than this Action; (2) before access is given, the consultant or expert
`has completed the Undertaking attached as Exhibit A hereto and the same is served
`upon the producing Party with a current curriculum vitae of the consultant or expert,
`which identifies the expert’s current employer(s), and the name and case number
`where the expert has offered expert testimony, including by declaration, report, or
`testimony at deposition or trial, in the past five years, at least ten (10) business days
`before access to the Protected Material is to be given to that consultant or
`Undertaking to object to and notify the receiving Party in writing that it objects to
`disclosure of Protected Material to the consultant or expert. The Parties agree to
`promptly confer and use good faith to resolve any such objection. If the Parties
`are unable to resolve any objection, the objecting Party may file a motion with the
`Court within fifteen (15) days of the notice, or within such other time as the Parties
`may agree, seeking a protective order with respect to the proposed disclosure. The
`objecting Party shall have the burden of proving the need for a protective order. No
`disclosure shall occur until all such objections are resolved by agreement or Court
`order;
`
`4
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`Case 2:18-cv-00546-JRG Document 79 Filed 11/13/19 Page 5 of 17 PageID #: 3689
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`
`
`
`
`
`6.
`
`(f)
`
`independent litigation support services, including persons working for or as court
`reporters, graphics or design services, jury or trial consulting services, and
`photocopy, document imaging, and database services retained by counsel and
`reasonably necessary to assist counsel with the litigation of this Action; and
`
`(g)
`
`the Court and its personnel.
`
`A Party shall designate documents, information or material as “CONFIDENTIAL” only
`
`upon a good faith belief that the documents, information or material contains confidential
`
`or proprietary information or trade secrets of the Party or a Third Party to whom the Party
`
`reasonably believes it owes an obligation of confidentiality with respect to such documents,
`
`information or material.
`
`7.
`
`Documents, information or material produced pursuant to any discovery request in this
`
`Action, including but not limited to Protected Material designated as DESIGNATED
`
`MATERIAL, shall be used by the Parties only in the litigation of this Action and shall not
`
`be used for any other purpose. Any person or entity who obtains access to DESIGNATED
`
`MATERIAL or the contents thereof pursuant to this Order shall not make any copies,
`
`duplicates, extracts, summaries or descriptions of such DESIGNATED MATERIAL or any
`
`portion thereof except as may be reasonably necessary in the litigation of this Action. Any
`
`such copies, duplicates, extracts, summaries or descriptions shall be classified
`
`DESIGNATED MATERIALS and subject to all of the terms and conditions of this Order.
`
`8.
`
`To the extent a producing Party believes that certain Protected Material qualifying to be
`
`designated CONFIDENTIAL is so sensitive that its dissemination deserves even further
`
`limitation, the producing Party may designate such Protected Material “RESTRICTED –
`
`ATTORNEYS’ EYES ONLY,” or to the extent such Protected Material includes computer
`
`source code and/or live data (that is, data as it exists residing in a database or databases)
`
`5
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`Case 2:18-cv-00546-JRG Document 79 Filed 11/13/19 Page 6 of 17 PageID #: 3690
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`(“Source Code Material”), the producing Party may designate such Protected Material as
`
`“RESTRICTED CONFIDENTIAL SOURCE CODE.”
`
`9.
`
`For Protected Material designated “RESTRICTED – ATTORNEYS’ EYES ONLY,”
`
`access to, and disclosure of, such Protected Material shall be limited to individuals listed
`
`in paragraphs 5(a), (b), and (e-g).
`
`10.
`
`For Protected Material designated “RESTRICTED CONFIDENTIAL SOURCE CODE,”
`
`the following additional restrictions apply:
`
`Access to a Party’s Source Code Material shall be provided only on “stand-alone”
`computer(s) (that is, the computer may not be linked to any network, including a
`local area network (“LAN”), an intranet or the Internet), with sufficient technical
`specifications for viewing the Source Code Material that the Parties discuss in good
`faith and agree upon prior to the inspection. The stand-alone computer(s) may be
`connected to (i) a printer, or (ii) a device capable of temporarily storing electronic
`copies solely for the limited purposes permitted pursuant to paragraphs 10 (h and
`k) below. Additionally, except as provided in paragraphs 10 (j and k) below, the
`stand-alone computer(s) may only be located at the offices of the producing Party’s
`outside counsel. Prior to the first inspection of any requested Source Code
`Material, the receiving Party shall provide ten (10) business days’ notice of the
`Source Code Material that it wishes to inspect. The receiving Party shall provide
`three (3) business days’ notice prior to any additional inspections. The receiving
`Party shall make good faith efforts to reasonably accommodate scheduling
`limitations identified by the producing Party. When requesting inspection of a
`Party’s Source Code Material, the receiving Party shall identify all persons who
`will inspect the producing Party’s Source Code Material on behalf of a receiving
`Party, including members of a receiving Party’s outside law firm;
`
`The receiving Party shall make reasonable efforts to restrict its requests for such
`access to the stand-alone computer(s) to normal business hours, which for purposes
`of this paragraph shall be 9:00 a.m. through 6:00 p.m on normal business days (i.e.,
`weekdays that are not federal in the United States or state holidays in state of
`inspection of the Source Code Material). However, upon reasonable notice from
`the receiving party, the producing Party shall make reasonable efforts to
`accommodate the receiving Party’s request for access to the stand-alone computer(s)
`outside of normal business hours. The Parties agree to cooperate in good faith such
`that maintaining the producing Party’s Source Code Material at the offices of its
`outside counsel shall not unreasonably hinder the receiving Party’s ability to
`efficiently and effectively conduct the prosecution or defense of this Action;
`
`(a)
`
`(b)
`
`
`
`6
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`Page 6 of 17
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`Case 2:18-cv-00546-JRG Document 79 Filed 11/13/19 Page 7 of 17 PageID #: 3691
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`(c)
`
`
`(d)
`
`
`(e)
`
`
`(f)
`
`
`(g)
`
`
`(h)
`
`The producing Party shall provide the receiving Party with information explaining
`how to start, log on to, and operate the stand-alone computer(s) in order to access the
`produced Source Code Material on the stand-alone computer(s). The producing
`Party may visually monitor, but only from outside the room in which the stand-
`alone computer(s) is located, the activities of the receiving Party’s representatives
`during any Source Code Material review, but only to ensure that no unauthorized
`electronic records of the Source Code Material and no electronic information
`concerning the Source Code Material are being created or transmitted in any way;
`
`The producing Party will produce Source Code Material in its native form and
`native directory structure on the stand-alone computer(s) as described above;
`
`Access to Protected Material designated “RESTRICTED CONFIDENTIAL
`- SOURCE CODE” shall be limited to outside counsel and up to three (3) outside
`consultants or experts2 (i.e., not existing employees or affiliates of a Party or an
`affiliate of a Party) retained for the purpose of this litigation and approved to access
`such Protected Materials pursuant to paragraph 5(e) above. A receiving Party may
`include excerpts of Source Code Material in a pleading, exhibit, expert report,
`discovery document, deposition transcript, other Court document, provided that the
`Source Code Documents are appropriately marked under this Order, restricted to
`those who are entitled to have access to them as specified herein, and, if filed with
`the Court, filed under seal in accordance with the Court’s rules, procedures and
`orders;
`
`To the extent portions of Source Code Material are quoted in a Source Code
`Document, either (1) the entire Source Code Document will be stamped and treated
`as “RESTRICTED CONFIDENTIAL SOURCE CODE” or (2) those pages
`containing quoted Source Code Material will be separately stamped and
`treated as “RESTRICTED CONFIDENTIAL SOURCE CODE”;
`
`Except as set forth in paragraph 10(k) below, no electronic copies of Source Code
`Material shall be made without prior written consent of the producing Party, except
`as necessary to create documents which, pursuant to the Court’s rules, procedures
`and order, must be filed or served electronically;
`
`Except as provided in this Order, no physical copies of all or any portion of the
`Source Code Material may leave the source code review room. The receiving Party
`may request up to four (4) printouts of limited portions of source code (on 8.5 by
`11 inch paper, in no smaller than 12 point font, with at least 1 inch margins on all
`sides) that are reasonably necessary for the preparation of court filings, pleadings,
`
`                                                            
`2 For the purposes of this paragraph, an outside consultant or expert is defined to include
`the outside consultant’s or expert’s direct reports and other support personnel, such that the
`disclosure to a consultant or expert who employs others within his or her firm to help in his or her
`analysis shall count as a disclosure to a single consultant or expert. 
`
`7
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`Page 7 of 17
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`Case 2:18-cv-00546-JRG Document 79 Filed 11/13/19 Page 8 of 17 PageID #: 3692
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`
`(i)
`
`(j)
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`expert reports, or other papers, or for deposition or trial, but shall not request paper
`copies for the purpose of reviewing the source code other than electronically. The
`receiving Party shall not be permitted to make photocopies of Source Code
`Material absent express written permission from the producing Party. The
`receiving Party may request up to 250 pages total of code per software product. If
`the receiving Party requests more than 20 (twenty) pages of a continuous block of
`code, the producing Party may object to the production of pages in excess of this
`limit. Within five (5) business days of the receiving Party’s request, the producing
`Party shall either: (i) provide all such source code in paper form including with
`production numbers and the label “RESTRICTED CONFIDENTIAL SOURCE
`CODE.” or (ii) inform the Receiving Party that it objects that the printed portions
`are excessive. If, after meeting and conferring, the Producing Party and the
`receiving Party cannot resolve the objection, the Producing Party shall be entitled
`to seek a Court resolution establishing why it should not comply with the request.
`The printed pages of source code in question need not be produced to the receiving
`Party until the objection is resolved by the Court. The printed pages shall constitute
`part of the source code produced by the producing Party in this action;
`
`Should such printouts or photocopies be transferred back to electronic media, such
`media shall be labeled “RESTRICTED CONFIDENTIAL SOURCE CODE” and
`shall continue to be treated as such;
`
`If the receiving Party’s outside counsel, consultants, or experts obtain printouts or
`photocopies of Source Code Material, the receiving Party shall ensure that such
`outside counsel, consultants, or experts keep the printouts or photocopies in a
`secured locked area in the offices of such outside counsel, consultants, or expert.
`The receiving Party may also temporarily keep the printouts or photocopies at: (i) the
`Court for any proceedings(s) relating to the Source Code Material, for the dates
`associated with the proceeding(s); (ii) the sites where any deposition(s) relating to
`the Source Code Material are taken, for the dates associated with the deposition(s);
`and (iii) any intermediate location reasonably necessary to transport the printouts or
`photocopies (e.g., a hotel prior to a Court proceeding or deposition). For
`depositions and court proceedings, outside counsel for the receiving Party may
`bring one printed copy of Source Code Material and may request to have the
`producing Party make available Source Code Material on the stand-alone
`computer(s) for use at the depositions and court proceedings. If a receiving Party
`intends to use Source Code Material to examine a deposition witness or during a
`court proceeding, the receiving Party must notify the other producing Party of that
`intention no later than three (3) business days prior to the deposition or court
`proceeding; and
`
`(k)
`
`A producing Party’s Source Code Material may only be transported by the receiving
`Party at the direction of a person authorized under paragraph 10(e) above to another
`person authorized under paragraph 10(e) above, on paper via hand carry, Federal
`Express or other similarly reliable courier. Source Code Material may not be
`transported or transmitted electronically over a network of any kind, including a
`
`
`
`
`
`8
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`Case 2:18-cv-00546-JRG Document 79 Filed 11/13/19 Page 9 of 17 PageID #: 3693
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` 
`11.
`
`LAN, an intranet, or the Internet, or on any removable electronic media (e.g., a
`DVD, CD-ROM, or flash memory “stick”). Source Code Material may only be
`transported electronically for the purpose of Court proceeding(s) or deposition(s)
`as set forth in paragraph 10(j) above and is at all times subject to the transport
`restrictions set forth herein. But, for those purposes only, the Source Code Materials
`may be loaded onto a stand-alone computer.
`
`Any attorney representing Plaintiff, whether in-house or outside counsel, and any person
`
`associated with Plaintiff and permitted to receive Defendants’ Protected Material that is
`
`designated “ RESTRICTED – ATTORNEYS’ EYES ONLY” and/or RESTRICTED
`
`CONFIDENTIAL SOURCE CODE (collectively “HIGHLY SENSITIVE MATERIAL”),
`
`who obtains, receives, has access to, or otherwise learns, in whole or in part, producing
`
`party’s HIGHLY SENSITIVE MATERIAL under this Order shall not prepare, prosecute,
`
`supervise, or assist in the preparation or prosecution of any patent application pertaining to
`
`the field of the invention of the patents-in-suit or field of the technology of the HIGHLY
`
`SENSITIVE MATERIAL on behalf of Plaintiff or its acquirer, successor, predecessor, or
`
`other affiliate during the pendency of this Action and for two years after its conclusion,
`
`including any appeals. Notwithstanding the foregoing, nothing in this Order precludes
`
`outside counsel with access to HIGHLY SENSITIVE MATERIAL from participating in
`
`inter partes review proceedings, re-examinations, or covered business method reviews
`
`before the PTO, provided that any attorney who reviews, in whole or in part, the contents
`
`of HIGHLY SENSITIVE MATERIAL produced by another Party may not advise, consult,
`
`or participate in the drafting of amended or substitute claims in the proceeding, and, will
`
`not use any of the Producing Party’s Protected Material in the proceeding. To ensure
`
`compliance with the purpose of this provision, Plaintiff shall create an “Ethical Wall”
`
`between those persons with access to HIGHLY SENSITIVE MATERIAL and any
`
`individuals who, on behalf of Plaintiff or its acquirer, successor, predecessor, or other
`
`9
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`Case 2:18-cv-00546-JRG Document 79 Filed 11/13/19 Page 10 of 17 PageID #: 3694
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`affiliate, prepare, prosecute, supervise or assist in the preparation or prosecution of any
`
`patent application pertaining to the field of invention of the patent-in-suit. This provision
`
`shall not bar entire firms, rather only the individuals who actually receive and review a
`
`Party’s HIGHLY SENSITIVE MATERIAL.
`
`12.
`
`Nothing in this Order shall require production of documents, information or other material
`
`that a Party contends is protected from disclosure by the attorney-client privilege, the work
`
`product doctrine, or other privilege, doctrine, or immunity. If documents, information or
`
`other material subject to a claim of attorney-client privilege, work product doctrine, or other
`
`privilege, doctrine, or immunity is inadvertently or unintentionally produced, such
`
`production shall in no way prejudice or otherwise constitute a waiver of, or estoppel as to,
`
`any such privilege, doctrine, or immunity. Any Party that inadvertently or unintentionally
`
`produces documents, information or other material it reasonably believes are protected under
`
`the attorney-client privilege, work product doctrine, or other privilege, doctrine, or immunity
`
`may obtain the return of such documents, information or other material by promptly
`
`notifying the recipient(s) and providing a privilege log for the inadvertently or
`
`unintentionally produced documents, information or other material. The recipient(s) shall
`
`gather and return all copies of such documents, information or other material to the
`
`producing Party, except for any pages containing privileged or otherwise protected markings
`
`by the recipient(s), which pages shall instead be destroyed and certified as such to the
`
`producing Party.
`
`13.
`
`There shall be no disclosure of any DESIGNATED MATERIAL by any person authorized
`
`to have access thereto to any person who is not authorized for such access under this Order.
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`Case 2:18-cv-00546-JRG Document 79 Filed 11/13/19 Page 11 of 17 PageID #: 3695
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`The Parties are hereby ORDERED to safeguard all such documents, information and
`
`material to protect against disclosure to any unauthorized persons or entities.
`
`14.
`
`Nothing contained herein shall be construed to prejudice any Party’s right to use any
`
`DESIGNATED MATERIAL in taking testimony at any deposition or hearing provided that
`
`the DESIGNATED MATERIAL is only disclosed to a person(s) who is: (i) eligible to have
`
`access to the DESIGNATED MATERIAL by virtue of his or her employment with the
`
`designating party, (ii) identified in the DESIGNATED MATERIAL as an author, addressee,
`
`or copy recipient of such information, (iii) although not identified as an author, addressee,
`
`or copy recipient of such DESIGNATED MATERIAL, has, in the ordinary course of
`
`business, seen such DESIGNATED MATERIAL, (iv) a current or former officer, director
`
`or employee of the producing Party or a current or former officer, director or employee of
`
`a company affiliated with the producing Party; (v) counsel for a Party, including outside
`
`counsel (subject to paragraph 9 of this Order); (vi) an independent contractor, consultant,
`
`and/or expert retained for the purpose of this litigation; (vii) court reporters and
`
`videographers; (viii) the Court; or (ix) other persons entitled hereunder to access to
`
`DESIGNATED MATERIAL. DESIGNATED MATERIAL shall not be disclosed to any
`
`other persons unless prior authorization is obtained from counsel representing the
`
`producing Party or from the Court.
`
`15.
`
`Parties may, at the deposition or hearing or within thirty (30) days after receipt of a
`
`deposition or hearing transcript, designate the deposition or hearing transcript or any portion
`
`thereof as “CONFIDENTIAL,” “RESTRICTED - ATTORNEY’ EYES ONLY,” or
`
`“RESTRICTED CONFIDENTIAL SOURCE CODE” pursuant to this Order. Access to the
`
`deposition or hearing transcript so designated shall be limited in accordance with the terms
`
`11
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`Page 11 of 17
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`Case 2:18-cv-00546-JRG Document 79 Filed 11/13/19 Page 12 of 17 PageID #: 3696
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`of this Order. Until expiration of the 30-day period, the entire deposition or hearing
`
`transcript shall be treated as “RESTRICTED - ATTORNEY’ EYES ONLY.”
`
`16.
`
`Any DESIGNATED MATERIAL that is filed with the Court shall be filed under seal,
`
`shall remain under seal until further order of the Court, and shall include only the portions
`
`of DESIGNATED MATERIAL necessary to that filing. The filing party shall be
`
`responsible for informing the Clerk of the Court that the filing should be sealed and for
`
`placing the legend “FILED UNDER SEAL PURSUANT TO PROTECTIVE ORDER”
`
`above the caption and conspicuously on each page of the filing. Exhibits to a filing shall
`
`conform to the labeling requirements set forth in this Order. If a pretrial pleading filed with
`
`the Court, or an exhibit thereto, discloses or relies on confidential documents, information
`
`or material, such confidential portions shall be redacted to the extent necessary and the
`
`pleading or exhibit filed publicly with the Court.
`
`17.
`
`The Order applies to pretrial discovery. Nothing in this Order shall be deemed to prevent
`
`the Parties from introducing any DESIGNATED MATERIAL into evidence at the trial of
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`this Action, or from using any information contained in DESIGNATED MATERIAL at
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`the trial of this Action, subject to any pretrial order issued by this Court. 
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`18.
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`A Party may request in writing to the other Party that the designation given to any
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`DESIGNATED MATERIAL be modified or withdrawn. If the designating Party does not
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`agree to redesignation within ten (10) business days of receipt of the written request, the
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`requesting Party may apply to the Court for relief. Upon any such application to the Court,
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`the burden shall be on the designating Party to show why its classification is proper. Such
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`application shall be treated procedurally as a motion to compel pursuant to Federal Rules
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`of Civil Procedure 37, subject to the Rule’s provisions relating to sanctions. In making
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`such application, the requirements of the Federal Rules of Civil Procedure and the Local
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`Rules of the Court shall be met. Pending the Court’s determination of the application, the
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`designation of the designating Party shall be maintained.
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`19.
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`Each outside consultant or expert to whom DESIGNATED MATERIAL is disclosed in
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`accordance with the terms of this Order shall be advised by counsel of the terms of this
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`Order, shall be informed that he or she is subject to the terms and conditions of this Order,
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`and shall sign an acknowledgment that he or she has received a copy of, has read, and has
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`agreed to be bound by this Order. A copy of the acknowledgment form is attached as
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`Appendix A.
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`20.
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`To the extent that any discovery is taken of persons who are not Parties to this Action
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`(“Third Parties”) and in the event that such Third Parties contended the discovery sought
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`involves trade secrets, confidential business information, or other proprietary information,
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`then such Third Parties may agree to be bound by this Order.
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`21.
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`To the extent that discovery or testimony is taken of Third Parties, the Third Parties may
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`designate as “CONFIDENTIAL” or “RESTRICTED – ATTORNEYS’ EYES ONLY”
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`any documents, information or other material, in whole or in part, produced or given by
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`such Third Parties. The Third Parties shall have ten (10) business days after production of
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`such documents, information or other materials to make such a designation. Until that time
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`period lapses or until such a designation has been made, whichever occurs sooner, all
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`documents, information or other material so produced or given shall be treated as
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`“CONFIDENTIAL” in accordance with this Order.
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`22. Within thirty (30) days of final termination of this Action, including any appeals, all
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`DESIGNATED MATERIAL, including all copies, duplicates, abstracts, indexes, summaries,
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`descriptions, and excerpts or extracts thereof (excluding excerpts or extracts incorporated
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`into any privileged memoranda of the Parties and materials which have been admitted into
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`evidence in this Action), shall at the producing Party’s election either be returned to the
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`producing Party or be destroyed. The receiving Party shall verify the return or destruction
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`by affidavit furnished to the producing Party, upon the producing Party’s request.
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`23.
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`The failure to designate documents, information or material in accordance with this Order
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`and the failure to object to a designation at a given time shall not preclude the filing of a
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`motion at a later date seeking to impose such designation or challenging the propriety
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`thereof. The entry of this Order and/or the production of documents, information and
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`material hereunder shall in no way constitute a waiver of any objection to the furnishing
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`thereof, all such objections being hereby preserved.
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`24.
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`Any Party knowing or believing that any other party is in violation of or intends to violate
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`this Order and has raised the question of violation or potential violation with the opposing
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`party and has been unable to resolve the matter by agreement may move the Court for such
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`relief as may be appropriate in the circumstances. Pending disposition of the motion by the
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`Court, the Party alleged to be in violation of or intending to violate this Order shall
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`discontinue the performance of and/or shall not undertake the further pe