Case 2:21-cv-00186-JRG-RSP Document 43 Filed 02/11/22 Page 1 of 19 PageID #: 568
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`JAWBONE INNOVATIONS, LLC,
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`Plaintiff,
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`v.
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`SAMSUNG ELECTRONICS CO. LTD.
`and SAMSUNG ELECTRONICS
`AMERICA, INC.,
`
`Defendants.
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`
`
`§
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`Case No. 2:21-cv-00186-JRG-RSP
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`
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`PROTECTIVE ORDER
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`WHEREAS, Plaintiff Jawbone Innovations, LLC (“Jawbone” or “Plaintiff”) and
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`Defendants Samsung Electronics Co. Ltd. and Samsung Electronics America, Inc.
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`(collectively, “Samsung”), hereafter referred to as “the Parties,” believe that certain
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`information that is or will be encompassed by discovery demands by the Parties involves the
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`production or disclosure of trade secrets, confidential business information, or other
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`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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`
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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
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`in part, any document, information or material that constitutes or includes, in whole or
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`in part, confidential or proprietary information or trade secrets of the Party or a Third
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`Party to whom the Party reasonably believes it owes an obligation of confidentiality
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`with respect to such document, information or material (“Protected Material”). The
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`1
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`“Producing Party” is the Party producing any information, and the “Receiving Party”
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`is any Party receiving information. Protected Material shall be designated by the Party
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`producing it by affixing a legend or stamp on such document, information or material
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`as follows: “CONFIDENTIAL,” “RESTRICTED CONFIDENTIAL - ATTORNEYS’
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`EYES ONLY,” or “RESTRICTED CONFIDENTIAL - SOURCE CODE.” The
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`designation 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. For deposition
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`and hearing transcripts, the designation shall be placed on the cover page of the
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`transcript (if not already present on the cover page of the transcript when received
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`from the court reporter) by each attorney receiving a copy of the transcript after that
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`attorney receives notice of the designation of some or all of that transcript.
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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
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`this Order with the designation “Confidential” or “Confidential - Outside
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`Attorneys’ Eyes Only” shall receive the same treatment as if designated
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`“RESTRICTED CONFIDENTIAL - ATTORNEYS’ EYES ONLY” under this
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`Order, unless and until such document is redesignated to have a different
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`classification under this Order.
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`3. With respect to documents, information or material designated “CONFIDENTIAL,
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`“RESTRICTED CONFIDENTIAL
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`- ATTORNEYS’ EYES ONLY,” or
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`(“DESIGNATED
`- SOURCE CODE”
`“RESTRICTED CONFIDENTIAL
`MATERIAL”), 1 subject to the provisions herein and unless otherwise stated, this
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`1 The term DESIGNATED MATERIAL is used throughout this Protective Order to refer to the
`class of materials designated as “CONFIDENTIAL,” “RESTRICTED CONFIDENTIAL -
`ATTORNEYS’ EYES ONLY,” or “RESTRICTED CONFIDENTIAL - SOURCE CODE,” both
`individually and collectively.
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`2
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`Order governs, without
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`limitation: (a) all documents, electronically stored
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`information, discovery responses, 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
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`marked as exhibits or for identification in depositions and hearings; (c) pretrial
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`pleadings, exhibits to pleadings and other court filings; (d) affidavits; and (e)
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`stipulations. All copies, reproductions, extracts, digests and complete or partial
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`summaries prepared from any DESIGNATED MATERIALS shall also be considered
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`DESIGNATED 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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`CONFIDENTIAL
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`-ATTORNEYS’
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`EYES ONLY,”
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`or
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`“RESTRICTED
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`CONFIDENTIAL - SOURCE CODE”) may be made at any time. Inadvertent or
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`unintentional production of documents, information or material that has not been
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`designated as DESIGNATED MATERIAL shall not be deemed a waiver in whole or
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`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
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`recipient(s), as soon as reasonably possible after the Producing Party becomes aware
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`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 the original
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`together with all copies of the inadvertently or unintentionally produced Protected
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`Materials, including any and all documents, information, or material containing
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`information or extracts derived from or based on the Protected Materials.
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`5.
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`“CONFIDENTIAL” documents, information and material may be disclosed only to
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`3
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`

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`the following persons, except upon receipt of the prior written consent of the
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`designating Party, 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;
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`in-house counsel for the Parties who either have responsibility for making
`decisions dealing directly with the litigation of this Action, or who are
`assisting outside counsel in the litigation of this Action, and employees
`assigned to and reasonably necessary to assist such in-house counsel in the
`litigation of this Action;
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`up to and including three (3) designated representatives of each of the Parties
`to the extent reasonably necessary for the litigation of this Action, except that
`either Party may in good faith request the other Party’s consent to designate
`one or more additional representatives, the other Party shall not unreasonably
`withhold such consent, and the requesting Party may seek leave of Court to
`designate such additional representative(s) if the requesting Party believes the
`other Party has unreasonably withheld such consent; and before access is
`given, each designated representative has completed the Undertaking attached
`as Appendix A hereto and the same is served upon the Producing Party with a
`detailed description of the daily job-related tasks of the designated
`representative at least ten (10) days before access to the Protected Material is
`to be given to that designated representative, to allow the Producing Party to
`notify the Receiving Party in writing that it objects to disclosure of Protected
`Material to the designated representative. The Parties agree to promptly meet
`and confer in good faith, either in person or telephonically, 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;
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`(e)
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`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:
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`(1) such consultants or experts are not presently employed by the Parties hereto
`for purposes other than as consultant for litigation(s);
`(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) the individual’s name and business title; (ii) business
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`4
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`address; (iii) business or profession; (iv) a current curriculum vitae; (v) any
`previous or current relationship (personal or professional) with any Party; and
`(vi) a list of other cases in which the individual has testified (at trial or
`deposition) within the last five (5) years at least ten (10) days before access to
`the Protected Material is to be given to that consultant or expert, to allow the
`Producing Party to notify the Receiving Party in writing that it objects to
`disclosure of Protected Material to the consultant or expert. The Parties
`agree to promptly meet and confer, either in person or telephonically, in 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 sufficiency of the
`objection. No disclosure shall occur until all such objections are resolved by
`agreement or Court order;
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`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.
`All such litigation support service providers shall complete the Undertaking
`attached as Appendix A hereto before access to such Protected Materials is
`provided;
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`the Court and its personnel;
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`any witness in a deposition or trial providing sworn testimony where the use
`of such Protected Materials is necessary for the purpose examining that
`witness. Parties shall give the other parties notice if they reasonably expect a
`deposition, hearing or other proceeding to include Protected Material so that
`the other parties can ensure that only authorized individuals who have signed
`the Undertaking attached hereto as Appendix A are present at those
`proceedings. Use of Protected Materials with a witness shall be subject to the
`limitations outlined in Paragraph 14 herein;
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`any mediator who is assigned to hear this matter, and his or her staff, subject to
`the agreement to maintain confidentiality to the same degree as required by
`this Protective Order; and
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`an author, signatory, or prior recipient of the document or the original source
`of the CONFIDENTIAL information. Such person shall be given access only
`to the specific document or information therein.
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`(f)
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`(g)
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`(h)
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`(i)
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`(j)
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`6.
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`A Party shall designate documents, information or material as “CONFIDENTIAL”
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`only upon a good faith belief that the documents, information or material contains
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`5
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`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
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`respect to such documents, information or material.
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`7.
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`Documents, information or material produced pursuant to any discovery request in
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`this Action, including but not limited to Protected Material designated as
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`DESIGNATED MATERIAL, shall be used by the Parties only in the litigation of this
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`Action and shall not be used for any other purpose. Any person or entity who obtains
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`access to DESIGNATED MATERIAL or the contents thereof pursuant to this Order
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`shall not make any copies, duplicates, extracts, summaries or descriptions of such
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`DESIGNATED MATERIAL or any portion thereof except as may be reasonably
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`necessary in the litigation of this Action. Any such copies, duplicates, extracts,
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`summaries or descriptions shall be classified DESIGNATED MATERIALS and
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`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
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`be designated CONFIDENTIAL is so sensitive that its dissemination deserves even
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`further limitation, the Producing Party may designate such Protected Material
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`“RESTRICTED CONFIDENTIAL -- ATTORNEYS’ EYES ONLY,” or to the extent
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`such Protected Material includes computer source code and/or live data (that is, data
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`as it exists residing in a database or databases) (“Source Code Material”), the
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`Producing Party may designate such Protected Material as “RESTRICTED
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`CONFIDENTIAL - SOURCE CODE.” A Party’s agreement to the entry of this
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`Protective Order shall not be deemed an admission that the Party has relevant Source
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`Code Material or that the Party must produce Source Code Material in this lawsuit.
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`6
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`9.
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`For Protected Material designated
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`“RESTRICTED CONFIDENTIAL
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`--
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`ATTORNEYS’ EYES ONLY,” access to, and disclosure of, such Protected Material
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`shall be limited to individuals listed in paragraphs 5(a-b) and (e-j).
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`10.
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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)
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`Access to a Party’s Source Code Material shall be provided only on two
`“standalone” secured computers (that is, the computer may not be linked to
`any network, including a local area network (“LAN”), an intranet or the
`Internet) (the “Source Code Computer”). The Source Code Computer will
`include a full-size keyboard, external mouse, and two monitors. Additionally,
`the Source Code Computer may only be located at the offices of the Producing
`Party’s outside counsel. The producing Party shall also make available
`separate stand-alone computer(s) (“Notes Computer”), which persons
`reviewing the source code can use to take notes. The Receiving Party shall be
`entitled to additional standalone computers and Notes Computers for each
`reviewer in the event that multiple reviewers are scheduled to inspect the
`Source Code Material at the same time, and shall provide at least three (3)
`business-days’ notice that additional computers are required. The receiving
`Party’s representative may separately take notes on paper. The receiving
`Party’s representative are prohibited from circumventing the limitations of this
`Protective Order through notetaking, e.g., transcribing code. The Producing
`Party shall also be entitled to visually monitor the Receiving Party’s activities
`in the Source Code Material viewing room from outside such room, through a
`glass wall or window, so long as the Producing Party cannot hear the
`Receiving Party or see the contents of the Receiving Party’s notes or the
`display of the Source Code Computer and only to ensure that the provisions of
`this Order are being adhered to. The producing Party may not record (visually,
`audibly or by other means)
`the activities of
`the receiving Party’s
`representatives. The Producing Party shall not review any notes taken, whether
`on the Notes Computer or otherwise. The Receiving Party shall maintain a log
`of all persons accessing the Source Code Material on behalf of a Receiving
`Party; the Producing Party shall have the right to confirm the identities of
`persons accessing such Source Code Material by inspecting and photocopying
`government-issued photo identification for inclusion in such log. No one
`inspecting Source Code Material is permitted in the secure facility while in
`possession of any electronic device or device capable of receiving, recording,
`or retransmitting any electronic signals. At the end of each day, the persons
`reviewing the source code may encrypt the notes they took on the Notes
`Computer and save those notes to an encrypted USB device. Notwithstanding
`any of the above, a Producing Party may waive any of the requirements
`provided by this paragraph;
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`7
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`(b)
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`(c)
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`The Receiving Party’s access to Source Code Material shall be limited to
`outside counsel and up to four (4) outside consultants or experts2 (i.e., not
`existing employees or affiliates of a Party or an affiliate of a Party) retained for
`the purpose of this litigation and approved to access such Protected
`Materials pursuant to paragraph 5(e) above. At least three (3) business days
`prior to a review of Source Code Material, the Receiving Party shall
`specifically identify up to three (3) individuals that are outside counsel,
`experts, or consultants otherwise authorized under this Protective Order to
`access Protected Materials designated “RESTRICTED CONFIDENTIAL -
`ATTORNEYS’ EYES ONLY,” to have access to a Producing Party’s Source
`Code Material, that will attend the review. Prior to the first inspection of any
`requested Source Code Material, the Receiving Party shall provide five (5)
`business days’ notice of the Source Code Material that it wishes to inspect.
`The Receiving Party shall provide three (3) business days’ notice prior to any
`additional inspection. When requesting inspection of a Party’s Source Code
`Material, the Receiving Party shall identify the up to three (3) persons
`permitted above who will inspect the Producing Party’s Source Code Material
`on behalf of a Receiving Party, including without limitation members of a
`Receiving Party’s outside law firm;
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`The Receiving Party shall make reasonable efforts to restrict its requests for
`such access to the Source Code Computer 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 Source Code Computer 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;
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`(d)
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`The Producing Party shall provide the Receiving Party with information
`explaining how to start, log on to, and operate the Source Code Computer in
`order to access the produced Source Code Material on the Source Code
`Computer;
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`(e)
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`The Producing Party will produce Source Code Material in computer
`searchable format on the stand-alone computer(s) as described above. The
`receiving Party may request that commercially available licensed software
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`2 For the purposes of this paragraph, an outside consultant or expert is defined to include the
`outside consultant’s or expert’s clerical staff (i.e., those individuals not engaged in the
`substantive review of Source Code Material) and direct reports. But, each person who reports to
`an outside consultant or expert who substantively reviews the Source Code Material will be
`subject to the disclosure requirements of Paragraph 5(e) and will count as a separate
`consultant/expert.
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`8
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`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
`requested 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 at any time use any compilers, interpreters, or
`simulators in connection with the Producing Party’s Source Code Material;
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`during its review, the Receiving Party shall not copy, remove, or otherwise
`transfer any portion of the Source Code Material onto any recordable media or
`recordable device. The Receiving Party is prohibited from bringing outside
`electronic devices inside the Source Code Material viewing room, including
`but not limited to laptops thumb drives, hard drives, tape drives, modems,
`modem cards, floppy drives, zip drives, cameras, voice recorders or any other
`electronic device. A separate breakout room will be provided where the
`Receiving Party can leave their personal electronics (e.g., personal mobile
`phone) prior to entering the Source Code Material viewing room;
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`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. Except as
`provided herein, no person shall copy, e-mail, transmit, upload, download,
`print, photograph, or otherwise duplicate any portion of the designated Source
`Code Material. The Receiving Party shall request to have printed only such
`limited portions of the Source Code Materials and shall not request paper
`copies for the purpose of reviewing Source Code Material. In no event may
`the Receiving Party request to have printed more than thirty (30) consecutive
`pages, or more than 500 Standard Pages total, of Source Code Material
`without prior written approval of the Producing Party. A “page” is one which
`includes at least 50 lines of code. The receiving party’s reviewers will be
`permitted to format printouts (e.g. the color and font of text generated in
`NotePad++ printouts), and to save PDF printouts to a folder on the desktop of
`the Source Code Computer for printing by the Producing Party. Upon the
`Receiving Party’s request to have printed any portions of Source Code
`Material, such request shall be printed and collected by the Producing Party.
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`9
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`(f)
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`(g)
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`(h)
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`(i)
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`(j)
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`The Producing Party shall Bates number, copy and label “RESTRICTED
`CONFIDENTIAL - SOURCE CODE” any pages printed at the request of the
`Receiving Party, and give them to the Receiving Party within seven (7)
`business days of printing unless objected to. If, following its inspection, the
`Receiving Party believes in good-faith that it requires modifications to the
`page limits herein, the Parties shall make good faith efforts to resolve the
`dispute, and failing such resolution, the Receiving Party may move the Court
`for relief;
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`A Receiving Party may include excerpts of Source Code Material in a
`pleading, exhibit, expert report, discovery document, deposition transcript, or
`other Court document (collectively, “Court Documents”), provided that each
`Court Document
`is
`appropriately
`designated
`as RESTRICTED
`CONFIDENTIAL - SOURCE CODE under this Order, restricted to those
`who are entitled to have access to it 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 used in a Court Document,
`either (1) the entire Court Document will be stamped and treated as
`RESTRICTED CONFIDENTIAL - SOURCE CODE or (2) those pages
`containing Source Code Material will be separately designated and treated as
`RESTRICTED CONFIDENTIAL - SOURCE CODE;
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`If the Receiving Party’s outside counsel, consultants, or experts obtain
`printouts or photocopies of Source Code Material, the Receiving Party shall
`ensure that such outside counsel, consultants, or experts keep the printouts or
`photocopies in a secured locked area in the offices of such outside counsel,
`consultants, or expert. The Receiving Party may also temporarily keep the
`printouts or photocopies at: (i) the Court for any proceedings(s) relating to the
`Source Code Material, for the dates associated with the proceeding(s); (ii) the
`sites where any deposition(s) relating to the Source Code Material are taken,
`for the dates associated with the deposition(s); and (iii) any intermediate
`location reasonably necessary to transport the printouts or photocopies (e.g., a
`hotel prior to a Court proceeding or deposition). Source Code Material,
`whatever form, including as an excerpt or in notes, shall not be transmitted
`(e.g., by email) or taken outside the territorial United States or be made the
`subject of a “deemed” export within the meaning of US export control laws,
`without the express prior written consent of the Producing Party; and
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`(k)
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`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(b) above, on paper via
`hand carry, Federal Express or other similarly reliable courier, except as
`provided in paragraph 10(j). The Producing Party may also provide Source
`Code Material on a stand-alone computer at a deposition or a Court
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`10
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`proceeding upon a reasonable request by the Receiving Party, which request
`shall not be unreasonably denied by the Producing Party.
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`11.
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`Any person on behalf of Plaintiff permitted to receive Defendants’ Protected Material
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`that is designated RESTRICTED CONFIDENTIAL -- ATTORNEYS’ EYES ONLY
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`and/or RESTRICTED CONFIDENTIAL - SOURCE CODE (collectively “HIGHLY
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`SENSITIVE MATERIAL”), who obtains, receives, has access to, or otherwise learns,
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`in whole or in part, HIGHLY SENSITIVE MATERIAL under this Order shall not,
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`during the pendency of this Action and for two (2) years after its conclusion
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`(including any appeals) prepare, prosecute, supervise, or assist in the preparation or
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`prosecution of any patent application pertaining to the patents-in-suit as well as the
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`field of the invention of the patents-in-suit. Nothing in this provision shall apply to
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`reexamination proceedings, inter partes review, covered business method review, or
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`post grant review, except that such prosecution bar shall extend to direct or indirect
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`assistance and/or direct or indirect participation in (or discussions relating to) drafting
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`or amending claims in reexamination, inter partes review, covered business method
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`review, or post grant review proceedings. To ensure compliance with the purpose of
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`this provision, an “Ethical Wall” will be created between those persons with access to
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`HIGHLY SENSITIVE MATERIAL and any individuals who may be involved in the
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`prohibited activities.
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`12.
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`Nothing in this Order shall require production of documents, information or other
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`material that a Party contends is protected from disclosure by the attorney-client
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`privilege, the work product doctrine, or other privilege, doctrine, or immunity. If
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`documents, information or other material subject to a claim of attorney-client
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`privilege, work product doctrine, or other privilege, doctrine, or immunity is
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`inadvertently or unintentionally produced, such production shall in no way prejudice
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`or otherwise constitute a waiver of, or estoppel as to, any such privilege, doctrine, or
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`immunity. Any Party that inadvertently or unintentionally produces documents,
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`information or other material it reasonably believes are protected under the attorney-
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`client privilege, work product doctrine, or other privilege, doctrine, or immunity may
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`obtain the return of such documents, information or other material by promptly
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`notifying the recipient(s) and providing a privilege log for the inadvertently or
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`unintentionally produced documents, information or other material. The recipient(s)
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`shall gather and return all copies of such documents, information or other material to
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`the Producing Party, except for any pages containing privileged or otherwise
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`protected markings by the recipient(s), which pages shall instead be destroyed and
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`certified as such to the Producing Party.
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`13.
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`There shall be no disclosure of any DESIGNATED MATERIAL by any person
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`authorized to have access thereto to any person who is not authorized for such access
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`under this Order. The Parties are hereby ORDERED to safeguard all such documents,
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`information and material to protect against disclosure to any unauthorized persons or
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`entities.
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`14.
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`Nothing contained herein shall be construed to prejudice any Party’s right to use any
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`DESIGNATED MATERIAL in taking testimony at any deposition or hearing
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`provided that the DESIGNATED MATERIAL is only disclosed to a person(s) who
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`is: (i) eligible to have access to the DESIGNATED MATERIAL by virtue of his or her
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`employment with the designating Party, (ii) identified in the DESIGNATED
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`MATERIAL as an author, addressee, or copy recipient of such information, (iii)
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`Case 2:21-cv-00186-JRG-RSP Document 43 Filed 02/11/22 Page 13 of 19 PageID #: 580
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`although not identified as an author, addressee, or copy recipient of such
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`DESIGNATED MATERIAL, has, in the ordinary course of business, seen such
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`DESIGNATED MATERIAL, (iv) a current or former officer, director or employee of
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`the designating Party or a current or former officer, director or employee of a
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`company affiliated with the designating Party; (v) counsel for a Party, including
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`outside counsel and in-house counsel (subject to paragraph 9 of this Order); (vi) an
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`independent contractor, consultant, and/or expert retained for the purpose of this
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`litigation authorized under paragraph 5(e); (vii) court reporters and videographers;
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`(viii) the Court; or (ix) other persons entitled hereunder to access to DESIGNATED
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`MATERIAL. DESIGNATED MATERIAL shall not be disclosed to any other
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`persons unless prior authorization is obtained from counsel representing the
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`Producing Party or from the Court.
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`15. Parties may, at the deposition or hearing or within thirty (30) days after receipt of a
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`final deposition or hearing transcript, designate the deposition or hearing transcript or
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`any portion thereof as “CONFIDENTIAL,” “RESTRICTED CONFIDENTIAL -
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`ATTORNEYS’ EYES ONLY,” or “RESTRICTED CONFIDENTIAL – SOURCE
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`CODE” pursuant to this Order. Access to the deposition or hearing transcript so
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`designated shall be limited in accordance with the terms of this Order. Until
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`expiration of the 30-day period, the entire deposition or hearing transcript shall be
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`treated as ” RESTRICTED CONFIDENTIAL - ATTORNEYS’ EYES ONLY.”
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`16.
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`Any DESIGNATED MATERIAL that is filed with the Court shall be filed under seal
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`and shall remain under seal until further order of the Court. The filing Party shall be
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`responsible for informing the Clerk of the Court that the filing should be sealed and
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`Case 2:21-cv-00186-JRG-RSP Document 43 Filed 02/11/22 Page 14 of 19 PageID #: 581
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`for placing the legend “FILED UNDER SEAL PURSUANT TO PROTECTIVE
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`ORDER” above the caption and conspicuously on each page of the filing. Exhibits to
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`a filing shall conform to the labeling requirements set forth in this Order. If a pretrial
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`pleading filed with the Court, or an exhibit thereto, discloses or relies on confidential
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`documents, information or material, such confidential portions shall be redacted to
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`the extent necessary and the pleading or exhi