Case 2:19-cv-00118-JRG Document 47 Filed 08/21/19 Page 1 of 25 PageID #: 702
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`QUEST NETTECH CORPORATION,
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`v.
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`APPLE INC.,
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`Plaintiff,
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`Defendant.
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`Case No. 2:19-cv-00118-JRG
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`JURY TRIAL DEMANDED
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`PROTECTIVE ORDER
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`WHEREAS, Plaintiff, Quest Nettech Corp., and Defendant, Apple Inc., hereafter
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`referred to as “the Parties,”1 believe that certain information that is or will be encompassed by
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`discovery demands by the Parties involves the production or disclosure of trade secrets,
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`confidential business information, or other proprietary information;
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`WHEREAS, the Parties seek a protective order limiting disclosure thereof in
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`accordance with Federal Rule of Civil Procedure 26(c):
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`THEREFORE, it is hereby stipulated among the Parties and ORDERED that:
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`1.
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`Each Party may designate as confidential for protection under this Order, in whole
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`or in part, 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 the
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`Party reasonably believes it owes an obligation of confidentiality with respect to such document,
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`information or material (“Protected Material”). Protected Material shall be designated by the
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`1 “Party” means any party to this case, including all of its officers, directors, employees, and outside counsel and
`their support staffs. “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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`Party producing it by affixing a legend or stamp on such document, information or material as
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`follows: “CONFIDENTIAL” or “RESTRICTED – ATTORNEYS’ EYES ONLY” or
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`“RESTRICTED CONFIDENTIAL SOURCE CODE.” The words “CONFIDENTIAL” or
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`“RESTRICTED – ATTORNEYS’ EYES ONLY” or “RESTRICTED CONFIDENTIAL
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`SOURCE CODE” shall be placed clearly on each page of the Protected Material (except
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`deposition and hearing transcripts) for which such protection is sought.
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`2.
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`For digital files being produced, the producing Party may mark each viewable
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`page or image with the appropriate designation, and mark the medium, container, and/or
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`communication in which the digital files were contained. In the event that original documents are
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`produced for inspection, the original documents shall be presumed “RESTRICTED –
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`ATTORNEYS’ EYES ONLY” during the inspection and re- designated, as appropriate during
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`the copying process. Where electronic files and documents are produced in native electronic
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`format, such electronic files and documents shall be designated for protection under this Order
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`by appending to the file names or designators information indicating whether the file contains
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`“CONFIDENTIAL,” “RESTRICTED – ATTORNEYS’ EYES ONLY” or “RESTRICTED
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`CONFIDENTIAL SOURCE CODE,” material, or shall use any other reasonable method for so
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`designating Protected Materials produced in electronic format. When electronic files or
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`documents are printed for use at deposition, in a court proceeding, or for provision in printed
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`form to an expert or consultant pre-approved pursuant to paragraph 13, the party printing the
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`electronic files or documents shall affix a legend to the printed document corresponding to the
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`designation of the Designating Party and including the production number and designation
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`associated with the native file. No one shall seek to use in this litigation a .tiff, .pdf or other
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`image format version of a document produced in native file format without first providing a copy
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`of the image format version to the producing Party so that the producing Party can review the
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`image to ensure that no information has been altered.
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`3.
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`For deposition and hearing transcripts, the word “CONFIDENTIAL” or
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`“RESTRICTED – ATTORNEYS’ EYES ONLY” or “RESTRICTED CONFIDENTIAL
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`SOURCE CODE” shall be placed on the cover page of the transcript (if not already present on
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`the cover page of the transcript when received from the court reporter) by each attorney
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`receiving a copy of the transcript after that attorney receives notice of the designation of
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`some or all of that transcript as “CONFIDENTIAL”, “RESTRICTED – ATTORNEYS’ EYES
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`ONLY” or “RESTRICTED CONFIDENTIAL SOURCE CODE.” All Protected Material not
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`reduced to documentary, tangible or physical form or which cannot be conveniently designated
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`as set forth herein shall be designated by the producing Party by informing the receiving Party of
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`the designation in writing. Any document (including physical objects) made available for
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`inspection by counsel for the receiving Party prior to producing copies of selected items shall
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`initially be considered, as a whole, to constitute Protected Material (unless otherwise designated
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`at the time of inspection) and shall be subject to this Order. Thereafter, the producing Party shall
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`have reasonable time to review and designate the appropriate documents or things as
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`“CONFIDENTIAL” or “RESTRICTED -- ATTORNEYS’ EYES ONLY” or “RESTRICTED
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`CONFIDENTIAL SOURCE CODE” prior to furnishing copies to the receiving Party. In the
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`event a deposition is videotaped, the original and all copies of the videotape shall be marked by
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`the video technician to indicate that the contents of the videotape are subject to this Protective
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`Order, substantially along the lines of “This videotape contains confidential testimony used in
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`this case and is not to be viewed or the contents thereof to be displayed or revealed except
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`pursuant to the terms of the operative Protective Order in this matter or pursuant to written
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`stipulation of the parties.” It shall be the responsibility of the Party that designates the deposition
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`as confidential to inform the videographer of the requirements in this Paragraph.
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`4.
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`Any document produced under Patent Rules 2-2, 3-2, and/or 3-4 before issuance
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`of this 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
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`ONLY” under this Order, unless and until such document is redesignated to have a different
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`classification under this Order.
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`5.
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`With respect to documents, information or material designated
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`“CONFIDENTIAL, “RESTRICTED – ATTORNEYS’ EYES ONLY,” or “RESTRICTED
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`CONFIDENTIAL SOURCE CODE” (“DESIGNATED MATERIAL”),2 subject to the
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`provisions herein and unless otherwise stated, this Order governs, without limitation: (a) all
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`documents, electronically stored information, and/or things as defined by the Federal Rules of
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`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, reproductions,
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`extracts, digests and complete or partial summaries prepared from any DESIGNATED
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`MATERIALS, as well as testimony or presentations by Parties or their counsel in court that
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`reveal Protected Material shall also be considered DESIGNATED MATERIAL and treated as
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`such under this Order.
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`6.
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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”) may
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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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`4
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`be made at any time. Inadvertent or unintentional production of documents, information or
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`material that has not been designated as DESIGNATED MATERIAL shall not be deemed a
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`waiver in whole or in part of a claim for confidential treatment. Any party that inadvertently or
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`unintentionally produces Protected Material without designating it as DESIGNATED
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`MATERIAL may request destruction of that Protected Material by notifying the recipient(s), as
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`soon as reasonably possible after the producing Party becomes aware of the inadvertent or
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`unintentional disclosure, and providing replacement Protected Material that is properly
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`designated. The recipient(s) shall then destroy all copies of the inadvertently or unintentionally
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`produced Protected Materials and any documents, information or material derived from or based
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`thereon.
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`7.
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`The following information is not Protected Material: (a) any information that is
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`or, after 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 was
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`already publicly known prior to the disclosure; and (c) any information that the receiving Party
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`can show by written records was received by it from a source who obtained the information
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`lawfully and under no obligation of confidentiality to the producing Party.
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`8.
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`“CONFIDENTIAL” documents, information and material may be disclosed only
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`to the following persons, except upon receipt of the prior written consent of the designating
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`party, upon order of the Court, or as set forth in paragraph 16 herein:
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`(a) outside counsel of record in this Action for the Parties;
`(b) employees of such counsel assigned to and reasonably necessary to assist such
`counsel in the litigation of this Action;
`(c) up to three (3) in-house counsel (“in-house counsel” includes attorneys or
`members of the legal staff or the intellectual property department of a party”)
`for the Parties who have responsibility for making decisions dealing directly
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`with the settlement of this Action;
`(d) up to and including three (3) 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
`Protected Material is to be given to that representative to object to and notify the
`receiving Party in writing that it objects to disclosure of Protected Material to
`the representative. 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. If relief is not sought from the Court within that time, the
`objection shall be deemed withdrawn. If relief is sought, Protected Material
`shall not be disclosed to the representative in question until the Court resolves
`the objection; 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;
`(e) 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, or of 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 or expert has completed the
`Undertaking attached as Appendix A hereto and the same is served upon the
`producing Party with:
`i.
`a current curriculum vitae of the consultant or expert;
`ii.
`an identification of all pending patent applications on which the
`consultant or expert is named as an inventor, in which the consultant
`or expert has any ownership interest, or as to which the consultant or
`expert has had any involvement in advising on, consulting on,
`preparing, prosecuting, drafting, editing, amending, or otherwise
`affecting the scope of the claims; and
`a list of the cases in which the consultant or expert has testified at
`deposition or trial within the last five (5) years;
`3. Such expert or consultant accesses the materials in the United States only,
`and does not transport them to or access them from any foreign jurisdiction.
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`iii.
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`Within seven (7) days of the disclosure described in subparagraph (e)(iii) above,
`the producing Party may 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 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. An initial failure to
`object to an expert or consultant under this Paragraph shall not preclude the
`nonobjecting Party from later objecting to continued access by that expert or
`consultant for good cause. The Parties agree that, for good cause to exist, facts or
`circumstances must have become known to the objecting party regarding the
`expert or consultant that could not have been known before or during the initial
`failure to object to the expert or consultant. If an objection is made, the Parties
`shall meet and confer via telephone or in person within seven (7) days following
`the objection and attempt in good faith to resolve the dispute informally. The
`designated expert or consultant may continue to have access to information that
`was provided to such expert or consultant prior to the date of the objection. If a
`later objection is made, no further Protected Material shall be disclosed to the
`expert or consultant until the Court resolves the matter or the producing Party
`withdraws its objection. Notwithstanding the foregoing, if the producing Party
`fails to move for a protective order within ten (10) days of the notice, further
`Protected Material may thereafter be provided to the expert or consultant;
`(f) independent litigation support services, including persons working for or as
`court reporters, stenographers and videographers, and photocopy, document
`imaging, and database services retained by counsel and reasonably necessary to
`assist counsel with the litigation of this Action;
`(g) translation, graphics or design services, jury or trial consulting services,
`provided such persons have first agreed to be bound by the provisions of the
`Protective Order by signing a copy of Appendix A, however, such signed copies
`of Appendix A shall not be disclosed to or served upon any other Party;
`(h) mock jurors who have signed an undertaking or agreement agreeing not to
`publicly disclose Protected Material and to keep any information concerning
`Protected Material confidential;
`(i) the Court (including any Court-appointed mediators or advisors) and its
`personnel; and
`(j) any other person with the prior written consent of the producing Party.
`A Party shall designate documents, information or material as
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`9.
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`“CONFIDENTIAL” only upon a good faith belief that the documents, information or material
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`contains confidential or proprietary information or trade secrets of the Party or a Third Party to
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`whom the Party reasonably believes it owes an obligation of confidentiality with respect to such
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`documents, information or material.
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`10.
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`Documents, information or material produced pursuant to any discovery request
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`in this 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 be
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`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, duplicates,
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`extracts, summaries or descriptions of such DESIGNATED MATERIAL or any portion thereof
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`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 MATERIALS
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`and subject to all of the terms and conditions of this Order.
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`11.
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`To the extent a producing Party believes that certain Protected Material qualifying
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`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 -
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`ATTORNEYS’ EYES ONLY,” or to the extent such Protected Material includes computer
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`source code (such as computer code, scripts, assembly, binaries, object code, source code listings
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`and descriptions of source code, object code listings and descriptions of object code), live data
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`(that is, data as it exists residing in a database or databases), (collectively, “Source Code
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`Material”),3 the producing Party may designate such Protected Material as “RESTRICTED
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`CONFIDENTIAL SOURCE CODE.”
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`3 Neither party anticipates that files describing the hardware design of any component, including Hardware
`Description Language (HDL) or Register Transfer Level (RTL) files that describe the hardware design of any ASIC
`or other chip, and Computer Aided Design (CAD) files that describe the hardware design of any component, will be
`produced in this case. To the extent that any party believes that the production of such files becomes necessary, the
`parties agree to meet and confer regarding the appropriate confidentiality designation for any such files at that time. 
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`12.
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`For Protected Material designated RESTRICTED - ATTORNEYS’ EYES
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`ONLY, access to, and disclosure of, such Protected Material shall be limited to: individuals
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`listed in paragraphs 8(a-b), 8(e-g) and 8(i-j), provided, however, that access by individuals
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`pursuant to paragraph 8(b, e) be limited to individuals who exercise no competitive decision-
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`making authority on behalf of the client, and, with respect to material produced by the Plaintiff,
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`not more than three (3) in-house counsel of the Receiving Party, as well as their immediate
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`paralegals and staff to whom disclosure is reasonably necessary for this case, provided that: (a)
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`each such person has agreed to be bound by the provisions of the Protective Order by signing a
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`copy of Exhibit A; and (b) no unresolved objections to such disclosure exist after proper notice
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`has been given to all Parties as set forth in paragraph 8 above.
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`13.
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`For Protected Material designated RESTRICTED CONFIDENTIAL SOURCE
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`CODE, the following additional restrictions apply:
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`(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 secure
`room (“Source Code Review Room”). The stand-alone computer(s) shall be
`connected to (i) a printer, or (ii) a device capable of temporarily storing
`electronic copies solely for the limited purposes expressly permitted herein.
`Additionally, the stand-alone computer(s) may only be located at the offices of
`the producing Party’s outside counsel or a location mutually agreed upon by the
`receiving Party and the producing Party (the “Review Facility”). No recordable
`media or recordable devices, including without limitation sound recorders,
`computers, cellular telephones, peripheral equipment, cameras, CDs, DVDs, or
`drives of any kind, shall be permitted into the Source Code Review Room;
`(b) 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 8:00 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. Prior to the first inspection
`of any requested Source Code, the receiving Party shall provide twenty-one (21)
`days’ notice of the Source Code that it wishes to inspect. This notice period
`shall begin upon the receiving Party’s request for production of source code.
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`The receiving Party shall provide seven (7) days’ notice prior to any additional
`inspections. 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;
`(c) 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 the activities of the
`receiving Party’s representatives during any Source Code review, but only to
`ensure that no unauthorized electronic records of the Source Code and no
`information concerning the Source Code are being created or transmitted in any
`way;
`(d) The producing Party will produce Source Code Material in computer
`searchable format on the stand-alone computer(s) as described above and will
`install freely available software tools on the stand-alone computer for purposes
`of the review (including but not limited to software to perform searches of the
`Source Code Material), if such tools exist and are in possession of the producing
`Party at the time the first request to review Source Code is received, upon
`request by the reviewing Party;
`(e) The receiving Party may, at its own expense, request that the producing Party
`install software on Source Code Review computer(s) to perform searches of the
`Source Code Material, provided that such other software is necessary for the
`receiving Party to perform its review of the Source Code Material consistent
`with all of the protections herein. The receiving Party must provide the
`producing Party with media containing such software tools(s) at least seven (7)
`days in advance of the date upon which the receiving Party wishes to have the
`additional software available for use on the Source Code Review computer(s).
`Timely requests for the installation of such search software will not be
`unreasonably denied so long as the receiving Party possesses an appropriate
`license to such software tools, and 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 during the
`review). 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;
`(f) Access to Protected Material designated RESTRICTED CONFIDENTIAL -
`SOURCE CODE shall be limited to (i) outside counsel (ii) up to three (3)
`outside consultants or experts (i.e., not existing employees or affiliates of a
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`Party or an affiliate of a Party) retained for the purpose of this litigation and
`approved to access such Protected Materials pursuant to paragraph 8 above;4
`(iii) Court reporters, stenographers and videographers retained to record
`testimony taken in this action; (iv) the Court (including any Court-appointed
`mediators or advisors) and its personnel; and (v) any other person with the prior
`written consent of the producing Party.
`(g) A receiving party may include excerpts of Source Code Material in a pleading,
`exhibit, expert report, discovery document, deposition transcript, or 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;
`(h) 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;
`(i) Except as set forth in paragraph 13(p) 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 shall not be included in correspondence between the
`Parties (references to production numbers shall be used instead). If a Party
`reasonably believes that it needs to submit a portion of Source Code as part of a
`filing with the Court, the Party shall excerpt the Source Code Material to
`include only the portions of Source Code necessary to that filing;
`(j) The receiving Party shall be permitted to have printed by the producing Party
`portions of Source Code Material reasonably anticipated by the receiving Party
`to be necessary for use in, and preparation for, court filings and proceedings,
`infringement or invalidity contentions, expert reports, and depositions of
`persons or entities permitted access to “RESTRICTED CONFIDENTIAL
`SOURCE CODE” information of the producing Party, and such other uses to
`which the parties may agree or that the Court may order. The receiving Party
`shall not print Source Code Material in order to review blocks of Source Code
`Material elsewhere in the first instance, i.e., as an alternative to reviewing that
`Source Code Material electronically on the Source Code Review computer(s),
`as the parties acknowledge and agree that the purpose of the protections herein
`would be frustrated by printing portions of code for review and analysis
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`4 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,
`provided that any individual employed by an outside consultant or expert be approved to access Protected Materials
`pursuant to Paragraph 8 above prior to receiving any Protected Material designated RESTRICTED
`CONFIDENTIAL - SOURCE CODE.
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`elsewhere, and that printing is permitted solely to enable use of Source Code
`Materials in filings, depositions, proceedings, contentions, expert reports, and
`related drafts and correspondence. The receiving Party’s outside counsel and/or
`experts shall be entitled to take notes relating to the Source Code but may not
`copy the Source Code into the notes and may not take such notes electronically
`on the Source Code Computer itself or any other computer;
`(k) The receiving Party shall be permitted to make a reasonable number of printouts
`and photocopies of Source Code Material, all of which shall be designated and
`clearly labeled “RESTRICTED CONFIDENTIAL SOURCE CODE,” and the
`receiving Party shall maintain a log of all such files that are printed or
`photocopied and of all electronic copies that are made pursuant to sub-
`paragraph 13(i) that includes the names of the reviewers and/or recipients of the
`copies and locations where all such copies are stored. Upon two (2) day’s
`advance notice to the receiving Party by the producing Party, the receiving Party
`shall provide a copy of this log to the producing Party.5 In considering what is
`reasonable, the receiving Party shall not, in general, ask that more than 250 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 250 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 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;
`(l) The receiving Party shall maintain a record of any individual who has inspected
`any portion of the Source Code Material in electronic or paper form. Each page
`of any printed copies of Source Code Material shall be printed on nonwhite,
`colored paper. After printing, the producing Party shall clearly label each page
`of any printed copies “RESTRICTED CONFIDENTIAL SOURCE CODE” and
`give each page a unique identification number;
`(m) 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);
`(n) For depositions, outside counsel for the receiving Party may bring one printed
`copy of Source Code. Except for the receiving Party’s outside counsel’s copy of
`Source Code, the receiving Party shall not bring copies of any printed Source
`Code. Rather, the producing Party will provide a Source Code computer at the
`deposition containing all source code,
`in computer-searchable format,
`
`5 Absent extraordinary circumstance, the producing Party shall not request a copy of this log more than three times
`during the course of the litigation.
`
`12
`
`

`

`Case 2:19-cv-00118-JRG Document 47 Filed 08/21/19 Page 13 of 25 PageID #: 714
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`previously produced by the producing Party. 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;
`(o) For Court proceedings, outside counsel for the receiving Party may bring one
`printed copy of Source Code. Except for the receiving Party’s