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`Case 2:20-cv-00274-JRG Document 85 Filed 07/26/21 Page 1 of 24 PageID #: 1540
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`RFCYBER CORP.,
`
`
`
`
`v.
`
`Plaintiff,
`
`
`GOOGLE LLC and GOOGLE PAYMENT
`CORP.,
`
`
`Defendants.
`
`Plaintiff,
`
`
`RFCYBER CORP.,
`
`
`
`
`v.
`
`
`SAMSUNG ELECTRONICS CO. LTD. and
`SAMSUNG ELECTRONICS AMERICA,
`INC.,
`
`
`Defendants.
`
`Case No. 2:20-cv-00274-JRG
`(LEAD CASE)
`
`Case No. 2:20-cv-00335-JRG
`(MEMBER CASE)
`
`
`
`
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`PROTECTIVE ORDER
`WHEREAS, Plaintiff RFCyber Corp. (“RFCyber”), Defendants Google LLC and Google
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`Payment Corp. (collectively, “Google”), and Defendants Samsung Electronics Co., Ltd., and
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`Samsung Electronics America, Inc. (collectively, “Samsung”),1 hereafter referred to as “the
`
`Parties,” believe that certain information that is or will be encompassed by discovery demands by
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`1 Google and Samsung will hereafter collectively be referred to as “Defendants” and each may also
`be referred to separately as “Defendant.”
`
`1
`
`RFCyber's Exhibit No. 2008, IPR2021-00981
`Page 001
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`

`

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`Case 2:20-cv-00274-JRG Document 85 Filed 07/26/21 Page 2 of 24 PageID #: 1541
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`the Parties involves the production or disclosure of trade secrets, confidential business
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`information, or other proprietary information;
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`WHEREAS, the Parties seek a protective order limiting disclosure thereof in accordance with
`
`Federal Rule of Civil Procedure 26(c):
`
`
`
`1.
`
`THEREFORE, it is hereby stipulated among the Parties and ORDERED that:
`
`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 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 legend shall
`
`be placed clearly on each page of the Protected Material (except deposition and hearing
`
`transcripts and natively produced documents) for which such protection is sought. For
`
`deposition and hearing transcripts, the legend 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,”
`
`“RESTRICTED - ATTORNEYS’ EYES ONLY,” or “RESTRICTED CONFIDENTIAL
`
`SOURCE CODE.” For natively produced Protected Material, the legend shall be placed in
`
`the filename of each such natively produced document.
`
`
`
`2
`
`RFCyber's Exhibit No. 2008, IPR2021-00981
`Page 002
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`

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`Case 2:20-cv-00274-JRG Document 85 Filed 07/26/21 Page 3 of 24 PageID #: 1542
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`2.
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`Any document produced under Patent Rules 2-2, 3-2, and/or 3-4 before issuance of this
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`Order with the designation “Confidential” or “Confidential - Outside Attorneys’ Eyes
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`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
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`different classification under this Order.
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`3.
`
`With respect to documents, information or material designated “CONFIDENTIAL,”
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`“RESTRICTED - ATTORNEYS’ EYES ONLY,” or “RESTRICTED CONFIDENTIAL
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`SOURCE CODE” (“DESIGNATED MATERIAL”),2 subject to the provisions herein and
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`unless otherwise stated, this Order governs, without limitation: (a) all documents,
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`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
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`exhibits or for identification in depositions and hearings; (c) pretrial pleadings, exhibits to
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`pleadings and other court filings; (d) affidavits; and (e) stipulations. All copies,
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`reproductions, extracts, digests and complete or partial summaries prepared from any
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`DESIGNATED MATERIALS shall also be considered DESIGNATED MATERIAL and
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`treated as such under this Order.
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`4.
`
`A designation of Protected Material (i.e., “CONFIDENTIAL,” “RESTRICTED -
`
`ATTORNEYS’ EYES ONLY,” or “RESTRICTED CONFIDENTIAL SOURCE CODE”)
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`may be made at any time. Inadvertent or unintentional production of documents,
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`information or material that has not been designated as DESIGNATED MATERIAL shall
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`2 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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`RFCyber's Exhibit No. 2008, IPR2021-00981
`Page 003
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`

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`Case 2:20-cv-00274-JRG Document 85 Filed 07/26/21 Page 4 of 24 PageID #: 1543
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`not be deemed a waiver in whole or in part of a claim for confidential treatment. Any party
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`that inadvertently or unintentionally produces Protected Material without designating it as
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`DESIGNATED MATERIAL may request destruction of that Protected Material by
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`notifying the recipient(s), as soon as reasonably possible after the producing Party becomes
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`aware of the inadvertent or unintentional disclosure, and providing replacement Protected
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`Material that is properly designated. The recipient(s) shall then destroy all copies of the
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`inadvertently or unintentionally produced Protected Materials and any documents,
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`information or material derived from or based thereon.
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`5.
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`“CONFIDENTIAL” documents, information and material may be disclosed only to the
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`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 15 herein:
`
`(a)
`
`(b)
`
`(c)
`
`(d)
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`outside counsel of record in this Action3 for the Parties;
`
`employees of such counsel assigned to and reasonably necessary to assist such
`counsel in the litigation of this Action;
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`up to two in-house counsel for the Parties, each of whom has responsibility for
`making decisions dealing directly with the litigation of this Action;
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`one officer-level designated employee of each of the Parties who either has
`responsibility for making decisions dealing directly with the litigation in this
`Action or who is assisting outside counsel in preparation for proceedings in this
`Action, provided that before access is given, the employee has completed the
`Undertaking attached as Exhibit A hereto and the same is served upon the
`producing Party with a general description of the employee’s role in this Action at
`least ten (10) days before access to the Protected Material is to be given to the
`representative so that the producing Party can notify the receiving Party in writing
`that it objects to disclosure of Protected Material to the consultant or expert;
`
`(e)
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`outside consultants or experts4 (i.e., not existing employees or affiliates of a Party
`
`3 This “Action” means Case Nos.2:20-cv-00274-JRG and 2:20-cv-00335-JRG.
`4 For any such person, the curriculum vitae shall identify his/her (i) current employer(s), (ii) (by
`name and number of the case, filing date, and location of court) any litigation in connection with
`
`4
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`RFCyber's Exhibit No. 2008, IPR2021-00981
`Page 004
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`Case 2:20-cv-00274-JRG Document 85 Filed 07/26/21 Page 5 of 24 PageID #: 1544
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`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 Action5; (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
`at least ten (10) days before access to the Protected Material is to be given to that
`consultant so that the producing Party can 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;
`
`(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.
`
`6.
`
`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
`
`which s/he has offered expert testimony, including through a declaration, report, or testimony at a
`deposition or trial, during the preceding five years. If such consultant or expert believes any of this
`information is subject to a confidentiality obligation to a third-party, then s/he should provide
`whatever information can be disclosed without violating any confidentiality agreements, and the
`Party seeking to disclose Protected Material to the consultant or expert shall be available to meet
`and confer with the designating Party regarding any such engagement.
`5 For avoidance of doubt, an independent expert or consultant retained (as opposed to employed)
`by a Party on another litigation would not be precluded under this section.
`5
`
`RFCyber's Exhibit No. 2008, IPR2021-00981
`Page 005
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`

`

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`Case 2:20-cv-00274-JRG Document 85 Filed 07/26/21 Page 6 of 24 PageID #: 1545
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`MATERIAL, shall be used by the Parties only in the litigation of this Action and shall not
`
`be used for any other purpose (including, without limitation, for purposes of any other legal
`
`or administrative proceeding such as any proceeding at the U.S Patent and Trademark
`
`Office). Any person or entity who obtains access to DESIGNATED MATERIAL or the
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`contents thereof pursuant to this Order shall not make any copies, duplicates, extracts,
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`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,
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`duplicates, extracts, summaries or descriptions shall be classified DESIGNATED
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`MATERIALS and subject to all of the terms and conditions of this Order.
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`8.
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`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
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`limitation, the producing Party may designate such Protected Material “RESTRICTED --
`
`ATTORNEYS’ EYES ONLY,” or to the extent such Protected Material includes or
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`substantially relates to computer source code6 and/or live data (that is, data as it exists
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`residing in a database or databases), the producing Party may designate such Protected
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`Material as “RESTRICTED CONFIDENTIAL SOURCE CODE” (“Source Code
`
`Material”).
`
`6 “Source Code” means computer code including source code, object code (i.e., computer
`instructions and data definitions expressed in a form suitable for input to an assembler, compiler,
`or other translator), microcode, register transfer language (“RTL”), firmware, and hardware
`description language (“HDL”), as well as any and all programmer notes, annotations, and other
`comments of any type related thereto and accompanying the code. For avoidance of doubt, this
`includes source files, make files, intermediate output files, executable files, header files, resource
`files, library files, module definition files, map files, object files, linker files, browse info files,
`debug files, file names, and file paths.
`
`6
`
`RFCyber's Exhibit No. 2008, IPR2021-00981
`Page 006
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`Case 2:20-cv-00274-JRG Document 85 Filed 07/26/21 Page 7 of 24 PageID #: 1546
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`9.
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`For Protected Material designated “RESTRICTED -- ATTORNEYS’ EYES ONLY,”
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`access to, and disclosure of, such Protected Material shall be limited to individuals listed
`
`in paragraphs 5(a-b) and (e-g) unless the producing Party provides prior written permission.
`
`10.
`
`For Protected Material designated RESTRICTED CONFIDENTIAL SOURCE CODE, the
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`following additional restrictions apply:
`
`(a)
`
`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) in a secured locked room.
`The producing Party shall also make available a separate stand-alone computer(s),
`which persons reviewing the source code can use to take notes. The stand-alone
`computer(s) may only be located within the continental United States at the offices
`of the producing Party’s outside counsel. The stand-alone computer(s) shall have
`disk encryption and be password protected. Use or possession of any input/output
`device (e.g., USB memory stick, mobile phone or tablet, camera or any camera-
`enabled device, CD, floppy disk, portable hard drive, laptop, or any device that can
`access the Internet or any other network or external system, etc.) is prohibited while
`accessing the computer containing the source code. All persons entering the locked
`room containing the stand-alone computer(s) must agree to leave all restricted
`input/output devices in a designated location outside of the locked room before
`they will be given access to the stand-alone computer(s). The producing Party may
`visually monitor the activities of the receiving Party’s representatives from outside
`the room in which the stand-alone computer(s) is located, but only to ensure that
`no unauthorized electronic records of the Source Code Material and no information
`concerning the Source Code Material are being created or transmitted in any way.
`The producing Party may not record (visually, audibly or by other means) the
`activities of the receiving Party’s representatives. At the end of each day, the
`persons reviewing the source code may encrypt the notes they took on the stand-
`alone computer and save those notes to an encrypted USB device, provided that
`the producing Party may have a neutral party (“Notes Examiner”), who has no
`involvement in the litigation, review the notes before they are encrypted solely to
`confirm the notes do not include prohibited replications of source code (other than
`directory paths, file paths, names, and line numbers). The Notes Examiner may not
`have any other involvement with this matter or any parallel proceedings such as
`inter partes review or post-grant proceedings, and may examine Source Code
`Notes solely for the purpose of determining compliance with this protective order.
`The Notes Examiner may not discuss any aspect of the notes with the Producing
`Party, or any affiliate or representative of the Producing Party, save to disclose the
`Notes Examiner’s belief that a violation of the protective order has occurred and
`the basis for that belief. To the extent the Producing Party claims a violation of the
`protective order arising from the Notes Examiner’s review of notes, the Producing
`Party shall not have an automatic right to production or receipt of the notes, but
`7
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`RFCyber's Exhibit No. 2008, IPR2021-00981
`Page 007
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`Case 2:20-cv-00274-JRG Document 85 Filed 07/26/21 Page 8 of 24 PageID #: 1547
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`(b)
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`(c)
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`(d)
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`may request in camera inspection of the notes by the Court for a determination of
`whether a protective order violation has occurred and for appropriate relief, in the
`Court’s discretion;
`
`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. 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;
`
`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 will produce Source Code Material in computer searchable
`format on the stand-alone computer(s) as described above and the receiving Party
`may request that commercially available licensed software tools for viewing and
`searching of Source Code Material be installed on the stand-alone computer for
`purposes of the review. The receiving Party must provide the producing Party with
`the CD, or DVD or website link(s) containing the requested software tool(s) to be
`installed on the stand-alone computer. Not later than five (5) business days after the
`receiving Party provides to the producing Party the CD, DVD, or website link(s) for
`the requested software tools, the producing Party shall install and make the below
`software tools available for use on the stand-alone computer provided that the
`requested search software is compatible with the operating system, and other
`software necessary to make the Source Code available for inspection, installed on
`a Source Code Review computer(s), does not prevent or impede the receiving
`Party’s access to the Source Code Material produced for inspection on Source Code
`Review computer(s) and does not side-step any of the security features enabled on
`a Source Code Review computer(s). The receiving Party shall not erase, load,
`install, compile, or otherwise modify any program (or request that any other
`program be erased, loaded, installed, or otherwise modified by the producing Party)
`on the Source Code Review computer(s) without first submitting a written request
`and obtaining the producing Party’s agreement to the request;
`
`(e)
`
`Access to Source Code Material shall be limited to outside counsel and up to three
`(3) outside consultants or experts7 (i.e., not existing employees or affiliates of a
`Party or an affiliate of a Party) retained for the purpose of this litigation and
`
`7 For the purposes of this paragraph, an outside consultant or expert does not include the outside
`consultant’s or expert’s direct reports and other support personnel.
`8
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`RFCyber's Exhibit No. 2008, IPR2021-00981
`Page 008
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`

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`Case 2:20-cv-00274-JRG Document 85 Filed 07/26/21 Page 9 of 24 PageID #: 1548
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`(f)
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`(g)
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`(h)
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`approved to access such Protected Materials pursuant to paragraph 5(e) above. A
`receiving Party may include a reasonable amount of 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 an electronic copy or
`image of a document which, pursuant to the Court’s rules, procedures, or order,
`must be filed or served electronically (“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. Images or copies of Source Code
`Material shall not be included in correspondence between the parties (references
`to production numbers shall be used instead) and shall be omitted from pleadings
`and other papers except to the extent permitted herein.8 The receiving Party may
`create an electronic image of a selected portion of the Source Code Material only
`when the electronic file containing such image has been encrypted using
`commercially reasonable encryption software including password protection. The
`communication and/or disclosure of electronic files containing any portion of
`Source Code Material shall at all times be limited to individuals who are authorized
`to see Source Code Material under the provisions of this Protective Order.
`Additionally, all electronic copies must be
`labeled “RESTRICTED
`CONFIDENTIAL SOURCE CODE.” If Source Code Documents are filed with
`the Court, they must be filed under seal in accordance with the Court’s rules,
`procedures and orders.
`
`The receiving Party shall be permitted to have printed by the producing Party a
`reasonable number of printouts of Source Code Material (“Source Code Printouts”)
`and up to three (3) extra photocopy sets of the printed Source Code Material,
`reasonably necessary for the preparation of court filings, pleadings, expert reports,
`or other papers, or for deposition or trial. In considering what is reasonable, the
`receiving Party shall not, in general, ask for more than 650 total pages or 25
`continuous pages from each Defendant – with a page being one that has at least 35
`lines of source code – of Source Code Material to be printed from each producing
`Party. After the receiving Party has asked that more than 650 total pages of Source
`
`8 For the avoidance of doubt, this does not prohibit the parties from using the names of folders or
`files containing Source Code.
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`9
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`RFCyber's Exhibit No. 2008, IPR2021-00981
`Page 009
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`

`

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`Case 2:20-cv-00274-JRG Document 85 Filed 07/26/21 Page 10 of 24 PageID #: 1549
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`Code Material be printed, the Parties shall meet and confer regarding the printing
`of additional pages, if any, in view of the needs of the case and the amount of
`Source Code Material that has been made available. If the producing Party objects
`that the printed portions are not reasonably necessary to any case preparation
`activity, the producing Party shall make such objections known to the receiving
`Party within five (5) business days of receipt of a request for additional printouts.
`If after meeting and conferring, the Parties cannot resolve the objection, either
`Party may seek an order from the Court. Contested source code printouts need not
`be produced to the requesting Party until the matter is resolved by the Court. The
`receiving Party shall not request paper copies for the purposes of reviewing the
`source code other than electronically as set forth in paragraph (a) in the first
`instance. Within 5 business days or such additional time as necessary due to the
`volume requested, the producing Party will provide the requested material on
`watermarked or colored paper bearing Bates numbers and
`the
`legend
`“RESTRICTED CONFIDENTIAL SOURCE CODE" unless objected to as
`discussed above;
`
`If the receiving Party’s outside counsel, consultants, or experts obtain Source Code
`Printouts, the receiving Party shall ensure that such outside counsel, consultants,
`or experts keep the Source Code Printouts under their direct control in a secured
`locked area in the offices of such outside counsel, consultants, or expert. The
`receiving Party may also temporarily keep the Source Code Printouts 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 Source
`Code Printouts to a Court proceeding or deposition, provided that the printouts or
`photocopies are kept in a secure manner that ensures access is limited to the persons
`authorized under this Order;
`
`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.
`Source Code Material may not be transported or transmitted electronically over a
`network of any kind, including a LAN, an intranet, or the Internet. Source Code
`Material may only be transported electronically as is reasonably necessary for
`filing any Source Code Material with the Court or serving such Source Code
`Material on another Party;
`
`The receiving Party’s outside counsel and/or expert shall be entitled to take notes
`relating to the source code, either on paper or on the stand-alone computer
`designated for note taking purposes, but may not copy any portion of the source
`code into the notes, with the exception of directory paths, file paths, names, and
`line numbers. 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.
`
`10
`
`(i)
`
`(j)
`
`(k)
`
`
`
`
`
`
`
`
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`RFCyber's Exhibit No. 2008, IPR2021-00981
`Page 010
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`

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`Case 2:20-cv-00274-JRG Document 85 Filed 07/26/21 Page 11 of 24 PageID #: 1550
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`Further, no other written or electronic record of the source code is permitted except
`as otherwise provided herein. No notes shall be made or stored on the inspection
`computer, or left behind at the site where the inspection computer is made
`available, and any such notes shall be deleted or destroyed by the producing Party,
`without reviewing the substance of the notes, upon discovery. Notwithstanding the
`foregoing, any such notes shall be stamped and treated as “RESTRICTED
`CONFIDENTIAL SOURCE CODE.” The log of such notes need not be produced
`to any other party absent Court Order (e.g. potentially in connection with a
`Protective Order violation motion).
`
`A list of names of persons who will review Source Code Material on the stand-
`alone computer(s) will be provided to the producing Party in conjunction with any
`written (including email) notice requesting inspection. Prior to the first inspection
`of any Source Code Material on the stand-alone computer(s), the receiving Party
`shall provide five (5) business days’ notice to schedule the initial inspection with
`the producing Party. The receiving Party shall provide three (3) business days’
`notice in advance of scheduling any additional inspections. Such notice shall
`include the names and titles for every individual from the receiving Party who will
`attend the inspection. The producing Party may maintain a daily log of the names
`of persons who enter the locked room to view the source code and when they enter
`and depart;
`
`The receiving Party’s outside counsel shall maintain a log of all copies of the
`Source Code Printouts (received from a producing Party) that are delivered by the
`receiving Party to any person and a log of any electronic images of Source Code
`Material. The log shall include the names of the recipients and reviewers of copies
`and locations where the copies are stored. Upon request by the producing Party,
`the receiving Party shall provide reasonable assurances and/or descriptions of the
`security measures employed by the receiving Party and/or person that receives a
`copy of any portion of the source code; and
`
`All copies of any portion of the Source Code Printouts in whatever form shall be
`securely destroyed if they are no longer in use. Copies of Source Code Printouts
`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.
`
`(l)
`
`(m)
`
`(n)
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`11.
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`If a Receiving Party or person authorized to access Protected Material (“Authorized
`
`Recipient”) discovers any loss of Protected Material or a breach of security, including any
`
`actual or suspected unauthorized access, relating to another party’s Protected Material, the
`
`Receiving Party or Authorized Recipient shall: (1) promptly stop the unauthorized breach;
`
`(2) promptly (within 72 hours) provide written notice to Designating Party of such breach,
`11
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`
`
`
`
`
`
`
`
`
`
`RFCyber's Exhibit No. 2008, IPR2021-00981
`Page 011
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`

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`Case 2:20-cv-00274-JRG Document 85 Filed 07/26/21 Page 12 of 24 PageID #: 1551
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`12.
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`including information regarding the size and scope of the breach; and (3) investigate and
`
`make reasonable efforts to remediate the effects of the breach. In any event, the Receiving
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`Party or Authorized Recipient shall promptly take all necessary and appropriate corrective
`
`action to terminate any unauthorized access.
`
`Absent written consent from the designating Party, any person associated or affiliated with
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`RFCyber and permitted to receive said Party’s 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, said 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 (a) mobile payment
`
`technology or (b) the patents asserted in this Action and any patent or application claiming
`
`priority to or otherwise related to the patents asserted in this Action (collectively the “Field
`
`of Invention”) during the pendency of this Action and for two years after its conclusion,
`
`including any appeals, except with respect to the acquisition, licensing, or any other
`
`transaction involving the patents-in-suit and/or all patents and patent applications related
`
`thereto. The prohibitions in this Paragraph are not intended to and shall not preclude
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`counsel who obtains, receives, or otherwise learns of, in whole or in part, the other Party’s
`
`HIGHLY SENSITIVE MATERIAL of a technical nature from participating directly or
`
`indirectly in reexamination, inter partes review, post grant review, interference
`
`proceedings, or covered business method review proceedings, provided that any attorney
`
`who obtains, receives or otherwise learns, in whole or in part, of the other party’s HIGHLY
`
`SENSITIVE MATERIAL of a technical nature may not advise, consult, or participate in
`12
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`RFCyber's Exhibit No. 2008, IPR2021-00981
`Page 012
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`

`

`
`Case 2:20-cv-00274-JRG Document 85 Filed 07/26/21 Page 13 of 24 PageID #: 1552
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`the drafting of amended or substitute claims in the proceeding. To ensure compliance with
`
`the purpose of this provision, each Party shall create an “Ethical Wall” between those
`
`persons with access to HIGHLY SENSITIVE MATERIAL and any individuals who, on
`
`behalf of the Party or its acquirer, successor, predecessor, or other affiliate, prepare,
`
`prosecute, supervise or assist in the preparation or prosecution of any patent application
`
`pertaining to the Field of Invention.
`
`Disclosure of Protected Material shall be subject to al