Case 2:17-cv-00513-JRG Document 69 Filed 01/03/18 Page 1 of 25 PageID #: 1520
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`AGIS SOFTWARE DEVELOPMENT, LLC
`
`Plaintiff,
`
`v.
`
`LEAD CASE NO. 2:17-cv-513-JRG
`
`HUAWEI DEVICE USA INC., HUAWEI
`DEVICE CO., LTD. AND HUAWEI DEVICE
`(DONGGUAN) CO., LTD.
`
`JURY TRIAL DEMANDED
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`Defendants.
`
`AGIS SOFTWARE DEVELOPMENT, LLC
`
`MEMBER CASE NO. 2:17-cv-515-JRG
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`Plaintiff,
`
`v.
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`LG ELECTRONICS, INC.
`
`Defendant.
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`JURY TRIAL DEMANDED
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` PROTECTIVE ORDER
`WHEREAS, Plaintiff, AGIS Software Development LLC, and Defendants Huawei Device
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`USA Inc., Huawei Device Co., Ltd., Huawei Device (Dongguan) Co., Ltd. and LG Electronics,
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`Inc., hereafter referred to as “the Parties,”1 believe that certain information that is or will be
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`encompassed by discovery demands by the Parties involves the production or disclosure of trade
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`secrets, confidential business information, or other proprietary information;
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`WHEREAS, the Parties seek a protective order limiting disclosure thereof in accordance with
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`Federal Rule of Civil Procedure 26(c):
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`1
`“Parties” shall also include any other parties that are added to this Action and served with
`process in accordance with the Federal Rules of Civil Procedure.
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`1
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`1.
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`THEREFORE, it is hereby stipulated among the Parties and ORDERED that:
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`Each Party may designate as confidential for protection under this Order, in whole or in part,
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`any document, information or material that constitutes or includes, in whole or in part,
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`confidential or proprietary information or trade secrets of the Party or a Third Party to whom
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`the Party reasonably believes it owes an obligation of confidentiality with respect to such
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`document, information or material (“Protected Material”). Protected Material shall be
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`designated by the Party producing it by affixing a legend or stamp on such document,
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`information or material as follows: “CONFIDENTIAL” or “RESTRICTED –
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`ATTORNEYS’ EYES ONLY” or “RESTRICTED CONFIDENTIAL SOURCE CODE.”
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`The words “CONFIDENTIAL” or “RESTRICTED – ATTORNEYS’ EYES ONLY” or
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`“RESTRICTED CONFIDENTIAL SOURCE CODE” shall be placed clearly on each page
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`of the Protected Material (except deposition and hearing transcripts) for which such
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`protection is sought. For deposition and hearing transcripts, the word “CONFIDENTIAL”
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`or
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`“RESTRICTED
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`– ATTORNEYS’ EYES ONLY”
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`or
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`“RESTRICTED
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`CONFIDENTIAL SOURCE CODE” shall be placed on the cover page of the transcript
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`(if not already present on the cover page of the transcript when received from the court
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`reporter) by each attorney receiving a copy of the transcript after that attorney
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`receives notice of
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`the designation of some or all of
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`that
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`transcript as
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`“CONFIDENTIAL”,
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`“RESTRICTED
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`– ATTORNEYS’ EYES ONLY”
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`or
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`“RESTRICTED CONFIDENTIAL SOURCE CODE.” All Protected Material not
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`reduced to documentary, tangible or physical form or which cannot be conveniently
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`designated as set forth herein shall be designated by the producing Party by informing the
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`receiving Party of the designation in writing. Any documents (including physical
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`objects) made available for inspection by counsel for the receiving Party prior to
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`producing copies of selected items shall initially be considered, as a whole, to constitute
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`Protected Material (unless otherwise designated at the time of inspection) and shall be
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`subject to this Order. Thereafter, the producing Party shall have a reasonable time to
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`review and designate the appropriate documents or things as “CONFIDENTIAL”,
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`“RESTRICTED -- ATTORNEYS’ EYES ONLY”, or “RESTRICTED CONFIDENTIAL
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`SOURCE CODE” prior to furnishing copies to the receiving Party.
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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 Only”
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`shall receive the same treatment as if designated “CONFIDENTIAL” or “RESTRICTED
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`– ATTORNEYS’ EYES ONLY” under this Order, unless and until such document is
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`redesignated to have a different classification under this Order.
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`3.
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`With respect to documents, information or material designated “CONFIDENTIAL,
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`“RESTRICTED – ATTORNEYS’ EYES ONLY,” or “RESTRICTED CONFIDENTIAL
`SOURCE CODE” (“DESIGNATED MATERIAL”),2 subject to the provisions herein
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`and 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
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`Procedure; (b) all pretrial, hearing or deposition testimony, or documents marked as exhibits
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`or for identification in depositions and hearings; (c) pretrial pleadings, exhibits to pleadings
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`and other court filings; (d) affidavits; and (e) stipulations. All copies, reproductions,
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`extracts, digests and complete or partial summaries prepared from any DESIGNATED
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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.
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`MATERIALS, as well as testimony or presentations by Parties or their counsel in Court
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`that might reveal Protected Material shall also be considered DESIGNATED
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`MATERIAL and treated as such under this Order.
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`4.
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`A designation of Protected Material (i.e., “CONFIDENTIAL,” “RESTRICTED -
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`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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`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
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`becomes aware of the inadvertent or unintentional disclosure, and providing replacement
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`Protected Material that is properly designated. The recipient(s) shall then destroy all copies
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`of the 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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`The following information is not Protected Material: (a) any information that is or, after
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`its disclosure to a receiving Party, becomes part of the public domain as a result of
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`publication not involving a violation of this Order or other obligation to maintain the
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`confidentiality of such information; (b) any information that the receiving Party can show
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`was already publicly known prior to the disclosure; and (c) any information that the
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`receiving Party can show by written records was received by it from a source who
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`obtained the information lawfully and under no obligation of confidentiality to the
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`producing Party.
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`6.
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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,
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`upon order of the Court, or as set forth in paragraph 12 herein:
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`(a)
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`(b)
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`(c)
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`(d)
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`outside counsel of record in this Action for the Parties;
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`employees of such counsel assigned to and reasonably necessary to assist such
`counsel in the litigation of this Action, such as attorneys, paralegals, legal
`translators, legal secretaries, legal clerks and shorthand reporters;
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`Up to two in-house counsel (“in-house counsel” includes attorneys or members of
`the legal staff or the intellectual property department of a Party or of a Party’s
`parents, subsidiaries, or commonly controlled companies) 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;
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`up to and including two (2) designated representatives of each of the Parties, as
`well as their immediate staff, to the extent reasonably necessary for the litigation
`of this Action, provided that, before access is given, the representative has completed
`the Undertaking attached as Appendix A hereto and the same is served upon the
`producing Party at least seven (7) days before access to the DESIGNATED
`MATERIAL is to be given to that representative. If the producing Party objects to the
`disclosure within seven (7) days of service of the Undertaking, the Parties shall promptly
`meet and confer in good faith to resolve any such objection within seven (7) days
`following the objection. If the Parties are unable to resolve any objection, the objecting
`Party may file a motion with the Court within ten (10) days of the notice, or within such
`other time as the Parties may agree, seeking a protective order with respect to the
`proposed disclosure. If relief is not sought from the Court within that time, the objection
`shall be deemed withdrawn. If relief is sought in a timely fashion, DESIGNATED
`MATERIALS may not be disclosed to the representative in question until the Court
`resolves the objection. 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;
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`(e)
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`outside consultants, technical advisors or experts (i.e., not existing employees or
`affiliates of a Party or an affiliate of a Party), and their necessary support
`personnel, retained for the purpose of this litigation, provided that: (1) such
`consultants, technical advisors or experts are not presently employed by the
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`Parties hereto for purposes other than this Action, or by a competitor of a Party,
`nor anticipated at the time of retention to become an officer, director or employee
`of a Party or of a competitor of a Party; (2) before access is given, the consultant,
`technical advisor or expert has completed the Undertaking attached as Appendix
`A hereto and the same is served upon the producing Party at least seven (7) days
`before access to the DESIGNATED MATERIAL is to be given to that consultant,
`technical advisor or expert, along with (i) the name, address, current curriculum vitae,
`current employer, and employment history for the past ten (10) years of the
`consultant, technical advisor or expert; (ii) a list of the cases in which the
`consultant, technical advisor or expert has testified as an expert at trial or by
`deposition within the preceding five (5) years; and (iii) an identification of any
`patents or patent applicants on which the consultant, technical advisor or expert is
`identified as an applicant or inventor, is involved in prosecuting or maintaining,
`or has any pecuniary interest; and (3) within seven (7) days of receipt of the
`disclosures described in subparagraph (e)(2) above, the producing Party may
`notify the receiving Party in writing that it objects to disclosure of DESIGNATED
`MATERIAL to the consultant, technical advisor, or expert. The Parties agree to
`promptly confer and use good faith to resolve any such objection within seven (7)
`days following the objection. If the Parties are unable to resolve any objection,
`the objecting Party may file a motion with the Court within ten (10) 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. A Party who has
`not previously objected to disclosure of DESIGNATED MATERIAL to a
`consultant, technical advisor or expert or whose objection has been resolved with
`respect to previously produced information shall not be precluded from raising an
`objection to a consultant, technical advisor or expert with respect to access to
`newly-produced materials or information that are produced after the time for
`objecting to such a consultant, technical advisor or expert has expired. Any such
`objection shall be handled in accordance with the procedures set forth in this
`subsection (e)(3).
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`(f)
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`independent litigation support services, including persons working for or as
`court reporters, stenographic reporters or videographers, translators, graphics or
`design services, jury or trial consulting services not including mock jurors, and
`photocopy, document imaging, document review, and database services retained
`by counsel and reasonably necessary to assist counsel with the litigation of this
`Action;
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`(g) Mock jurors who have signed an undertaking or agreement agreeing not to
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`7.
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`publicly disclose DESIGNATED MATERIAL and to keep any information
`concerning DESIGNATED MATERIAL confidential; and
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`(h)
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`the Court (including any Court-appointed mediators or advisors) and its
`personnel (under seal or other suitable precautions determined by the Court).
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`A Party shall designate documents, information or material as “CONFIDENTIAL” only
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`upon a good faith belief that the documents, information or material contains confidential
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`or proprietary information or trade secrets of the Party or a Third Party to whom the Party
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`reasonably believes it owes an obligation of confidentiality with respect to such documents,
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`information or material.
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`8.
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`Documents, information or material produced pursuant to any discovery request in this
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`Action, including but not limited to Protected Material designated as DESIGNATED
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`MATERIAL, shall be used by the Parties only in the litigation of this Action and shall not
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`be used for any other purpose. Any person or entity who obtains access to DESIGNATED
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`MATERIAL or the contents thereof pursuant to this Order shall not make any copies,
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`duplicates, extracts, summaries or descriptions of such DESIGNATED MATERIAL or any
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`portion thereof except as may be reasonably necessary in the litigation of this Action. Any
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`such copies, duplicates, extracts, summaries or descriptions shall be classified
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`DESIGNATED MATERIALS and subject to all of the terms and conditions of this Order.
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`9.
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`To the extent a producing Party believes that certain Protected Material qualifying to be
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`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 –
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`ATTORNEYS’ EYES ONLY,” or to the extent such Protected Material includes computer
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`source code and/or live data (that is, data as it exists residing in a database or databases)
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`(“Source Code Material”), the producing Party may designate such Protected Material as
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`“RESTRICTED CONFIDENTIAL SOURCE CODE.”
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`10.
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`For Protected Material designated RESTRICTED – ATTORNEYS’ EYES ONLY, access
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`to, and disclosure of, such Protected Material shall be limited to individuals listed in
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`paragraphs 6(a-b) and (e-h); provided, however, that Parties may make written requests in
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`advance of any disclosures that access to specific, identified information designated RESTRICTED --
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`ATTORNEYS’ EYES ONLY be granted to in-house counsel who exercise no competitive
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`decision-making authority on behalf of the client and only for the purposes of settlement
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`negotiations.
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`11.
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`The RESTRICTED CONFIDENTIAL SOURCE CODE designation is reserved for
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`Protected Material that contains or substantively relates to a Party’s “Source Code,”
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`which shall mean documents or information containing or substantively relating to
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`confidential, proprietary and/or
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`trade secret source code or
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`technical design
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`documentation (“Source Code Material”).
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` For Protected Material designated
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`RESTRICTED CONFIDENTIAL SOURCE CODE, the following additional restrictions
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`apply:
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`(a)
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`Access to a Party’s Source Code Material shall only be made available for
`inspection, not produced except as provided for below, and shall be made
`available in electronic format 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) that is password protected and maintained in a secure,
`locked area. Use or possession of any input/output device (e.g., USB memory
`stick, cameras, or any camera-enabled device, CDs, floppy disk, portable hard
`drive, laptop, or any devices that can access the Internet or any other network or
`external system, etc.) is prohibited while accessing a computer containing Source
`Code Material. All persons entering the locked room containing Source Code
`Material must agree to submit to reasonable security measures to insure they are
`not carrying any prohibited items before they will be given access to the locked
`room. The stand-alone computer(s) may only be located at (1) the offices of the
`producing Party’s primary outside counsel of record in this action; (2) a single,
`third-party site located within any judicial district in which the Source Code
`Material is stored in the ordinary course of business (e.g., an escrow company);
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`or (3) a location mutually agreed upon by the receiving Party and the producing
`Party (the “Review Facility”). The Review Facility shall be reasonably
`accessible to the receiving Party;
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`The receiving Party shall make reasonable efforts to restrict its requests for
`such access to the stand-along computer(s) to normal business hours, which for
`purposes of this paragraph shall be 9:00 a.m. through 6:00 p.m. on business days
`(i.e., weekdays that are not Federal holidays). 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 or other location shall not unreasonably hinder
`the receiving Party’s ability to efficiently and effectively conduct the prosecution
`or defense of this Action;
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`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);
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`in computer
`The producing Party will produce Source Code Material
`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 reviewing Party must provide
`the producing Party with removable electronic media (e.g. a DVD, CD ROM, or
`flash memory "stick") containing such software tool(s) at least five (5) business
`days in advance of the inspection. Timely requests for the installation of such
`search software will not be unreasonably denied so long as 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) (e.g., enable connection and use of USB thumb
`drives). 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;
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`Access to Protected Material designated RESTRICTED CONFIDENTIAL -
`SOURCE CODE shall be limited to (i) outside counsel, including the personnel
`described in paragraph 6(b) above; (ii) up to three (3) outside consultants or
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`(b)
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`(c)
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`(d)
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`(e)
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`experts3 (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 6(e) above; (iii) 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 Materials. If used during a deposition, the deposition record
`will identify the exhibit by its bates numbers; and (iv) while testifying at a
`deposition or trial in this action only: (a) any current or former officer, director
`or employee of the producing Party or original source of the information; (b) 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 (c) any person who
`authored, preciously received (other than in connection with this litigation), or
`was directly involved in creating, modifying, or editing the Source Code
`Material, as evident from its face or reasonably certain in view of other testimony
`or evidence. Persons authorized to view the Source Code Materials pursuant to
`this subparagraph shall not retain or be given copies of the Source Code
`Materials except while so testifying.
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`A receiving Party’s outside Counsel and outside consultants or experts shall be
`entitled to take notes relating to the Source Code Materials but may not copy any
`portion of the Source Code Material into the notes. No copies of all or any
`portion of the Source Code Materials may leave the room in which the Source
`Code Material is inspected except as otherwise provided herein. Further, no
`written or electronic record of the Source Code Materials is permitted except as
`otherwise provided herein;
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`
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`(f)
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`(g)
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`No person shall copy, email, transmit, upload, download, print, photograph or
`otherwise duplicate any portion of the Source Code Materials except that the
`receiving Party may request a reasonable number of pages of Source Code
`Material to be printed by the producing Party, but only if and to the extent
`necessary for use in this action. In considering what is reasonable, the receiving
`Party shall not, in general, ask that more than 1000 total pages—with a page
`being one that has at least 35 lines of code—of Source Code Material be
`printed. After the receiving Party has asked that 1000 total pages of
`Source 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. Any printed portion that consists of more than ten (10) pages of
`a continuous block of Source Code shall be presumed to be excessive, and the
`burden shall be on the receiving Party to demonstrate the need for such a printed
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`3
`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.
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`(h)
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`(i)
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`(j)
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`(k)
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`copy. In the event that a producing Party believes that a particular printing
`request is unreasonable, the producing Party and receiving Party shall meet and
`confer in good faith to attempt to resolve this dispute without the Court’s
`involvement. If they cannot resolve the issue, either Party may seek an order
`from the Court;
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`If the producing Party objects that the printed portions are not reasonably necessary
`to any case preparation activity, the producing Party shall make such objection
`known to the receiving Party within five (5) business days of receipt of a request for
`printed portions of Source Code Material. If, after meeting and conferring, the
`producing Party and the receiving Party cannot resolve the objection (where such
`meet and confer need not take place in person), the producing Party shall be
`entitled, but not required, to seek a Court resolution of whether the Printed Source
`Code in question is reasonably necessary to any case preparation activity.
`Contested Source Code printouts need not be produced to the requesting Party until
`the matter is resolved by the Court;
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`Any printed pages of Source Code Material, and any other documents or things
`reflecting Source Code Material that have been designated by the producing Party
`as “RESTRICTED CONFIDENTIAL SOURCE CODE”
`(“Source Code
`Documents”) may not be copied, digitally imaged or otherwise duplicated, except in
`limited circumstances necessary to attach as exhibits to depositions, expert reports,
`or court filings, except that the 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;
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`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;
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`Any paper copies designated “RESTRICTED CONFIDENTIAL SOURCE
`CODE” shall be stored or viewed only at (i) the offices of outside counsel for the
`receiving Party; (ii) the offices of outside experts or consultants who have been
`approved to access Source Code Materials; (iii) the site where any deposition is
`taken; (iv) the Court; or (v) any intermediate location necessary to transport the
`information to a hearing, trial or deposition. Any such paper copies shall be
`maintained at all times in secure locations under the direct control of counsel
`responsible for maintaining the security and confidentiality of the designated
`materials;
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`(l)
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`A list of names of persons who will view Source Code Materials will be provided
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`to the producing Party in conjunction with any written (including email) notice
`requesting inspection. The producing Party shall maintain a daily log of the
`names of person who enter the locked room to view the Source Code Materials
`and when they enter and depart. The producing Party shall be entitled to have a
`person observe all entrances and exits from the Source Code viewing room, and
`to a copy of the log.
`
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`(m) 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. Furthermore, the receiving Party may create an electronic copy or
`image of limited excerpts of Source Code Material only to the extent necessary in
`a pleading, exhibit, expert report, discovery document, deposition transcript,
`other Court document, or any drafts of these documents. The receiving Party
`shall only include such excerpts as are reasonably necessary for the purposes for
`which such part of the Source Code Materials is used. Images or copies of
`Source Code Materials shall not be included in correspondence between the
`Parties (references to production numbers shall be used instead) and shall be
`omitted from pleadings and other papers except to the extent permitted herein.
`The receiving Party may create an electronic image of a selected portion of the
`Source Code Materials 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 Materials shall at all times be limited to
`individuals who are authorized to see Source Code Materials under this
`Protective Order. The receiving Party shall maintain a log of all electronic
`images and paper copies of Source Code in its possession or in the possession of
`retained experts or consultants, including the names of the recipients and
`reviewers of any electronic or paper copies and the locations where the copies are
`stored. Additionally, all electronic copies must be labeled “RESTRICTED
`CONFIDENTIAL SOURCE CODE”;
`
`All paper copies shall be securely destroyed if they are no longer necessary in the
`Litigation (e.g., extra copies at the conclusion of a deposition). Copies of Source
`Code Material 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;
`
`(n)
`
`
`(o)
`
`A producing Party’s Source Code Material may only be transported by the
`receiving Party at the direction of a person authorized under paragraph 11(e) above
`to another person authorized under paragraph 11(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 LAN, an intranet, or the Internet. Source Code Material may only be
`transported electronically for the purpose of Court proceeding(s) or deposition(s)
`as set forth in paragraph 11(m) above and is at all times subject to the transport
`
`
`
`12
`
`
`

`

`Case 2:17-cv-00513-JRG Document 69 Filed 01/03/18 Page 13 of 25 PageID #: 1532
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`12.
`
`restrictions set forth herein. But, for those purposes only, the Source Code
`Materials may be loaded onto a stand-alone computer.
`
`Any attorney representing a Party, whether in-house or outside counsel, and any person
`
`associated with a Party and permitted to receive the other 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, the other Party’s HIGHLY SENSITIVE MATERIAL under this Order shall not (i)
`
`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 the subject
`
`matter of the accused products; or (ii) advise or counsel clients regarding the same,
`
`including but not limited to providing any advice or counseling regarding, or
`
`participating in, the drafting of claims of any patent application,