Case 2:22-cv-00134-JRG-RSP Document 64-1 Filed 09/08/22 Page 1 of 37 PageID #: 950
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`Exhibit A
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`Case 2:22-cv-00134-JRG-RSP Document 64-1 Filed 09/08/22 Page 2 of 37 PageID #: 951
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`ADVANCED MICRO DEVICES, INC., ET
`AL.,
`
`Plaintiffs,
`
`v.
`
`Case No.: 2:22-cv-00134--JRG-RSP
`
`JURY TRIAL DEMANDED
`
`TCL INDUSTRIES HOLDINGS CO., LTD.;
`ET AL.,
`
`Defendants.
`
`
`PROTECTIVE ORDER
`
`WHEREAS, Plaintiffs Advanced Micro Devices, Inc. and ATI Technologies ULC
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`(collectively, “AMD” or “Plaintiffs”) and Defendant Realtek Semiconductor Corp. (“Realtek” or
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`“Defendant”) believe that certain information that is or will be encompassed by discovery demands
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`by the Parties involves the production or disclosure of trade secrets, confidential business
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`information, or other proprietary information;
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`WHEREAS, the Parties seek a protective order limiting disclosure thereof in accordance with
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`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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`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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`1
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`1.
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`Case 2:22-cv-00134-JRG-RSP Document 64-1 Filed 09/08/22 Page 3 of 37 PageID #: 952
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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: (i) “CONFIDENTIAL, or (ii) “CONFIDENTIAL
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`BUSINESS INFORMATION,” “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” or
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`similar designation. The designation shall be placed clearly on each page of the Protected
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`Material (except deposition and hearing transcripts) for which such protection is sought. For
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`deposition and hearing
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`transcripts,
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`the word “CONFIDENTIAL BUSINESS
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`INFORMATION” shall be placed on the cover page of the transcript (if not already present
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`on 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
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`of some or all of that transcript as “CONFIDENTIAL BUSINESS INFORMATION.”
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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 that were designated as confidential under Patent Rule 2-2 shall continue to be
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`governed by Patent Rule 2-2. The parties agree to meet and confer in good faith to agree
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`on an appropriate confidentiality designation for those documents under this Protective
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`Order. Pursuant to ¶ 12(a) of the Discovery Order (Dkt. No. 59), the parties agree to meet
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`and confer, in good faith, to reach agreement as to the use and admissibility in this
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`proceeding of discovery from the ITC investigation (including the confidentiality
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`designation). If the parties cannot reach agreement, the parties reserve the right to obtain
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`relief from the Court.
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`3.
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`With respect
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`to documents,
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`information or material designated (i)
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`“CONFIDENTIAL,”
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`(ii)
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`“CONFIDENTIAL BUSINESS
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`INFORMATION,”
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`“CONFIDENTIAL – ATTORNEYS’ EYES ONLY” or similar designation, or (iii)
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`“CONFIDENTIAL SOURCE CODE – OUTSIDE ATTORNEYS’ EYES ONLY
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`2
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`Case 2:22-cv-00134-JRG-RSP Document 64-1 Filed 09/08/22 Page 4 of 37 PageID #: 953
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`INFORMATION” (collectively “DESIGNATED MATERIAL”),1 subject
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`to
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`the
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`provisions herein and unless otherwise stated, this Order governs, without limitation: (a)
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`all documents, electronically stored information, and/or things as defined by the Federal
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`Rules of 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 pleadings,
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`exhibits to pleadings and other court filings; (d) affidavits; and (e) stipulations. All copies,
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`reproductions, extracts, digests and complete or partial summaries prepared from any
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`DESIGNATED MATERIALS shall also be considered DESIGNATED MATERIAL and
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`treated as such under this Order.
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`4.
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`A designation of Protected Material (i.e., (i) “CONFIDENTIAL,” (ii) “CONFIDENTIAL
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`BUSINESS INFORMATION,” “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” or
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`similar designation or (iii) “CONFIDENTIAL SOURCE CODE – OUTSIDE
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`ATTORNEYS’ EYES ONLY INFORMATION”) may be made at any time. Inadvertent
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`or 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 in part
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`of a claim for confidential treatment. Any party that inadvertently or unintentionally
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`produces Protected Material without designating it as DESIGNATED MATERIAL may
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`request destruction of that Protected Material by notifying the recipient(s), as soon as
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`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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`                                                            
`1 The term DESIGNATED MATERIAL is used throughout this Protective Order to refer
`to the class of materials designated as (i) “CONFIDENTIAL,” (ii) “CONFIDENTIAL BUSINESS
`INFORMATION,” “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” or similar designation or
`(iii) “CONFIDENTIAL SOURCE CODE – OUTSIDE ATTORNEYS’ EYES ONLY
`INFORMATION,” both individually and collectively.
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`3
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`Case 2:22-cv-00134-JRG-RSP Document 64-1 Filed 09/08/22 Page 5 of 37 PageID #: 954
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`designated. The recipient(s) shall then destroy all copies of the inadvertently or
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`unintentionally produced Protected Materials and any documents, information or material
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`derived from or based thereon.
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`5.
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`“CONFIDENTIAL BUSINESS INFORMATION,” “CONFIDENTIAL – ATTORNEYS’
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`EYES ONLY” or similar designation documents, information and material may be
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`disclosed only to the following persons, except upon receipt of the prior written consent of
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`the 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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`(e)
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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;
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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;
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`technical experts and their staff who are employed for the purposes of this
`litigation (unless they are otherwise employed by, consultants to, or otherwise
`affiliated with a party, or are employees of any domestic or foreign manufacturer,
`wholesaler, retailer, or distributor of the products, devices or component parts
`which are the subject of this litigation), provided that: 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 a current curriculum vitae of
`the consultant or expert at least ten (10) days before access to the Protected
`Material is to be given to that consultant or Undertaking to object to and notify the
`receiving Party in writing that it objects to disclosure of Protected Material to the
`consultant or expert. The Parties agree to promptly confer and use good faith to
`resolve any such objection. If the Parties are unable to resolve any objection, the
`objecting Party may file a motion with the Court within fifteen (15) days of the
`notice, or within such other time as the Parties may agree, seeking a protective order
`with respect to the proposed disclosure. The objecting Party shall have the burden of
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`Case 2:22-cv-00134-JRG-RSP Document 64-1 Filed 09/08/22 Page 6 of 37 PageID #: 955
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`6.
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`(f)
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`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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`independent litigation support services, including persons working for or as court
`reporters, graphics or design services, jury or trial consulting services, and
`photocopy, document imaging, and database services retained by counsel and
`reasonably necessary to assist counsel with the litigation of this Action; and
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`(g) the Court and its personnel.
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`A Party shall designate documents, information or material as “CONFIDENTIAL
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`BUSINESS INFORMATION,” “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” or
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`similar designation only upon a good faith belief that the documents, information or
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`material contains confidential or proprietary information or trade secrets of the Party or a
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`Third Party to whom the Party reasonably believes it owes an obligation of confidentiality
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`with 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 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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`To the extent such Protected Material includes computer source code, provisions governing
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`source code are included here in paragraph 28.
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`For Protected Material designated “CONFIDENTIAL BUSINESS INFORMATION,”
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`5
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`8.
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`9.
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`Case 2:22-cv-00134-JRG-RSP Document 64-1 Filed 09/08/22 Page 7 of 37 PageID #: 956
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`“CONFIDENTIAL – ATTORNEYS’ EYES ONLY” or similar designation, access to, and
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`disclosure of, such Protected Material shall be limited to individuals listed in paragraphs
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`5(a-c) and (e-g); provided, however, that access by in-house counsel pursuant to paragraph
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`5(c) be limited to in-house counsel who exercise no competitive decision-making authority
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`on behalf of the client.
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`10.
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`For Protected Material designated CONFIDENTIAL SOURCE CODE – OUTSIDE
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`ATTORNEYS’ EYES ONLY INFORMATION, the additional restrictions in paragraph
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`28 apply, reflecting Order No. 14 of 337-TA-1318, Certain Graphics Systems,
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`Components Thereof, and Digital Televisions Containing the Same (Aug. 15, 2022) first
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`addendum to the ITC Protective Order.
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`11.
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`Any attorney representing a Party, whether in-house or outside counsel, and any person
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`associated with a Party and permitted to receive the other Party’s Protected Material that is
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`designated “CONFIDENTIAL BUSINESS INFORMATION,” “CONFIDENTIAL –
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`ATTORNEYS’ EYES ONLY” and/or “CONFIDENTIAL SOURCE CODE – OUTSIDE
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`ATTORNEYS’ EYES ONLY INFORMATION” (collectively “HIGHLY SENSITIVE
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`MATERIAL”), who obtains, receives, has access to, or otherwise learns, in whole or in
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`part, the other Party’s HIGHLY SENSITIVE MATERIAL under this Order shall not
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`prepare, prosecute, supervise, or assist in the preparation or prosecution of any patent
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`application pertaining to the particular confidential information disclosed in the
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`HIGHLY SENSITIVE MATERIAL on behalf of the receiving Party or its acquirer,
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`successor, predecessor, or other affiliate during the pendency of this Action and for one year
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`after its conclusion, including any appeals. To ensure compliance with the purpose of this
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`provision, each Party shall create an “Ethical Wall” between those persons with access to
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`Case 2:22-cv-00134-JRG-RSP Document 64-1 Filed 09/08/22 Page 8 of 37 PageID #: 957
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`HIGHLY SENSITIVE MATERIAL and any individuals who, on behalf of the Party or its
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`acquirer, successor, predecessor, or other affiliate, prepare, prosecute, supervise or assist in
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`the preparation or prosecution of any patent application pertaining to the field of invention
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`of the patent-in-suit.
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`12.
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`Nothing in this Order shall require production of documents, information or other material
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`that a Party contends is protected from disclosure by the attorney-client privilege, the work
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`product doctrine, or other privilege, doctrine, or immunity. If documents, information or
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`other material subject to a claim of attorney-client privilege, work product doctrine, or other
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`privilege, doctrine, or immunity is inadvertently or unintentionally produced, such
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`production shall in no way prejudice or otherwise constitute a waiver of, or estoppel as to,
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`any such privilege, doctrine, or immunity. Any Party that inadvertently or unintentionally
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`produces documents, information or other material it reasonably believes are protected under
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`the attorney-client privilege, work product doctrine, or other privilege, doctrine, or immunity
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`may 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) shall
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`gather and return all copies of such documents, information or other material to the
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`producing Party, except for any pages containing privileged or otherwise protected markings
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`by the recipient(s), which pages shall instead be destroyed and certified as such to the
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`producing Party.
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`13.
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`There shall be no disclosure of any DESIGNATED MATERIAL by any person authorized
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`to have access thereto to any person who is not authorized for such access under this Order.
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`The Parties are hereby ORDERED to safeguard all such documents, information and
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`Case 2:22-cv-00134-JRG-RSP Document 64-1 Filed 09/08/22 Page 9 of 37 PageID #: 958
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`material to protect against disclosure to any unauthorized persons or 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 provided that
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`the DESIGNATED MATERIAL is only disclosed to a person(s) who is: (i) eligible to have
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`access to the DESIGNATED MATERIAL by virtue of his or her employment with the
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`designating party, (ii) identified in the DESIGNATED MATERIAL as an author, addressee,
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`or copy recipient of such information, (iii) although not identified as an author, addressee,
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`or copy recipient of such DESIGNATED MATERIAL, has, in the ordinary course of
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`business, seen such DESIGNATED MATERIAL, (iv) a current or former officer, director
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`or employee of the producing Party or a current or former officer, director or employee of
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`a company affiliated with the producing Party; (v) counsel for a Party, including outside
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`counsel; (vi) an independent contractor, consultant, and/or expert retained for the purpose
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`of this litigation; (vii) court reporters and videographers; (viii) the Court; or (ix) other
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`persons entitled hereunder to access to DESIGNATED MATERIAL. DESIGNATED
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`MATERIAL shall not be disclosed to any other persons unless prior authorization is
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`obtained from counsel representing the producing Party or from the Court.
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`15.
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`Parties may, at the deposition or hearing or within thirty (30) days after receipt of a
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`deposition or hearing transcript, designate the deposition or hearing transcript or any portion
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`thereof as “CONFIDENTIAL BUSINESS INFORMATION,” “CONFIDENTIAL –
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`ATTORNEYS’ EYES ONLY” or similar designation or “CONFIDENTIAL SOURCE
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`CODE – OUTSIDE ATTORNEYS’ EYES ONLY INFORMATION” pursuant to this
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`Order. Access to the deposition or hearing transcript so designated shall be limited in
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`accordance with the terms of this Order. Until expiration of the 30-day period, the entire
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`Case 2:22-cv-00134-JRG-RSP Document 64-1 Filed 09/08/22 Page 10 of 37 PageID #: 959
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`deposition or hearing transcript shall be treated as confidential.
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`16.
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`Any DESIGNATED MATERIAL that is filed with the Court shall be filed under seal and
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`shall remain under seal until further order of the Court. The filing party shall be responsible
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`for informing the Clerk of the Court that the filing should be sealed and for placing the
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`legend “FILED UNDER SEAL PURSUANT TO PROTECTIVE ORDER” above the
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`caption and conspicuously on each page of the filing. Exhibits to a filing shall conform to
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`the labeling requirements set forth in this Order. If a pretrial pleading filed with the Court,
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`or an exhibit thereto, discloses or relies on confidential documents, information or material,
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`such confidential portions shall be redacted to the extent necessary and the pleading or
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`exhibit filed publicly with the Court.
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`17.
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`The Order applies to pretrial discovery. Nothing in this Order shall be deemed to prevent
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`the Parties from introducing any DESIGNATED MATERIAL into evidence at the trial of
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`this Action, or from using any information contained in DESIGNATED MATERIAL at
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`the trial of this Action, subject to any pretrial order issued by this Court. 
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`18.
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`A Party may request in writing to the other Party that the designation given to any
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`DESIGNATED MATERIAL be modified or withdrawn. If the designating Party does not
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`agree to redesignation within ten (10) days of receipt of the written request, the requesting
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`Party may apply to the Court for relief. Upon any such application to the Court, the burden
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`shall be on the designating Party to show why its classification is proper. Such application
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`shall be treated procedurally as a motion to compel pursuant to Federal Rules of Civil
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`Procedure 37, subject to the Rule’s provisions relating to sanctions. In making such
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`application, the requirements of the Federal Rules of Civil Procedure and the Local Rules
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`of the Court shall be met. Pending the Court’s determination of the application, the
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`Case 2:22-cv-00134-JRG-RSP Document 64-1 Filed 09/08/22 Page 11 of 37 PageID #: 960
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`designation of the designating Party shall be maintained.
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`19.
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`Each outside consultant or expert to whom DESIGNATED MATERIAL is disclosed in
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`accordance with the terms of this Order shall be advised by counsel of the terms of this
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`Order, shall be informed that he or she is subject to the terms and conditions of this Order,
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`and shall sign an acknowledgment that he or she has received a copy of, has read, and has
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`agreed to be bound by this Order. A copy of the acknowledgment form is attached as
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`Appendix A.
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`20.
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`To the extent that any discovery is taken of persons who are not Parties to this Action
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`(“Third Parties”) and in the event that such Third Parties contended the discovery sought
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`involves trade secrets, confidential business information, or other proprietary information,
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`then such Third Parties may agree to be bound by this Order.
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`21.
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`To the extent that discovery or testimony is taken of Third Parties, the Third Parties may
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`designate as “CONFIDENTIAL BUSINESS INFORMATION,” “CONFIDENTIAL –
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`ATTORNEYS’ EYES ONLY” or similar designation any documents, information or other
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`material, in whole or in part, produced or given by such Third Parties. The Third Parties
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`shall have ten (10) days after production of such documents, information or other materials
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`to make such a designation. Until that time period lapses or until such a designation has
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`been made, whichever occurs sooner, all documents, information or other material so
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`produced or given shall be treated as “CONFIDENTIAL BUSINESS INFORMATION” in
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`accordance with this Order.
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`22. Within thirty (30) days of final termination of this Action, including any appeals, all
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`DESIGNATED MATERIAL, including all copies, duplicates, abstracts, indexes, summaries,
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`descriptions, and excerpts or extracts thereof (excluding excerpts or extracts incorporated
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`10
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`Case 2:22-cv-00134-JRG-RSP Document 64-1 Filed 09/08/22 Page 12 of 37 PageID #: 961
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`into any privileged memoranda of the Parties and materials which have been admitted into
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`evidence in this Action), shall at the producing Party’s election either be returned to the
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`producing Party or be destroyed. The receiving Party shall verify the return or destruction
`
`by affidavit furnished to the producing Party, upon the producing Party’s request.
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`23.
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`The failure to designate documents, information or material in accordance with this Order
`
`and the failure to object to a designation at a given time shall not preclude the filing of a
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`motion at a later date seeking to impose such designation or challenging the propriety
`
`thereof. The entry of this Order and/or the production of documents, information and
`
`material hereunder shall in no way constitute a waiver of any objection to the furnishing
`
`thereof, all such objections being hereby preserved.
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`24.
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`Any Party knowing or believing that any other party is in violation of or intends to violate
`
`this Order and has raised the question of violation or potential violation with the opposing
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`party and has been unable to resolve the matter by agreement may move the Court for such
`
`relief as may be appropriate in the circumstances. Pending disposition of the motion by the
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`Court, the Party alleged to be in violation of or intending to violate this Order shall
`
`discontinue the performance of and/or shall not undertake the further performance of any
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`action alleged to constitute a violation of this Order.
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`25.
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`Production of DESIGNATED MATERIAL by each of the Parties shall not be deemed a
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`publication of the documents, information and material (or the contents thereof) produced
`
`so as to void or make voidable whatever claim the Parties may have as to the proprietary and
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`confidential nature of the documents, information or other material or its contents.
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`26.
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`Nothing in this Order shall be construed to effect an abrogation, waiver or limitation of any
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`kind on the rights of each of the Parties to assert any applicable discovery or trial privilege.
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`27.
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`Each of the Parties shall also retain the right to file a motion with the Court (a) to modify this
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`Order to allow disclosure of DESIGNATED MATERIAL to additional persons or entities
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`if reasonably necessary to prepare and present this Action and (b) to apply for additional
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`protection of DESIGNATED MATERIAL.
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`28.
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`Source Code. The Parties agree to incorporate the terms of Order No. 14 of 337-TA-1318,
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`Certain Graphics Systems, Components Thereof, and Digital Televisions Containing
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`the Same (Aug. 15, 2022), first addendum to the ITC Protective Order, which for ease
`
`of reference are re-produced here:
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`A supplier may designate source code, object code (i.e., computer instructions and data
`
`definitions expressed in a form suitable for input to an assembler, compiler, or other
`
`translator), any text written in any high-level programming language defining firmware
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`and/or software functionalities implemented on an integrated circuit, microcode,
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`register transfer language (“RTL”), firmware, and hardware description language
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`(“HDL”), as well as any and all notes, annotations, and other comments of any type
`
`related thereto and accompanying the code (collectively “Source Code”) as
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`“CONFIDENTIAL SOURCE CODE – OUTSIDE ATTORNEYS’ EYES ONLY
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`INFORMATION.” Schematics, layout files (such as GDS, GDSII, OASIS, or other
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`comparable file types), process flows, or process recipes are not currently contemplated
`
`to be requested or produced in this Investigation. For avoidance of doubt, Source Code
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`includes source files, make files, intermediate output files, executable files, header
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`files, resource files, library files, module definition files, map files, object files, linker
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`files, browse info files, and debug files. For avoidance of doubt, Source Code does not
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`include file names, version or revisions identifications, and/or directory listings, which
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`Case 2:22-cv-00134-JRG-RSP Document 64-1 Filed 09/08/22 Page 14 of 37 PageID #: 963
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`shall be designated “CONFIDENTIAL BUSINESS INFORMATION, SUBJECT
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`TO PROTECTIVE ORDER.”
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`A.
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`Source Code may be designated as “CONFIDENTIAL SOURCE CODE –
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`OUTSIDE ATTORNEYS’ EYES ONLY INFORMATION.”
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`B.
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`In addition to the protections provided in paragraphs 1-27 of the Protective
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`Order, Source Code shall be provided with the following additional protections:
`
`(i)
`
`Nothing in this Protective Order shall obligate the parties to produce any
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`Source Code, nor act as an admission that any particular Source Code is
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`discoverable. Nothing in this addendum shall be construed as a limitation
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`on the rights of the parties to seek further protective order amendments.
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`(ii) Access to Source Code will be given only to the following SOURCE CODE
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`QUALIFIED PERSONS: (i) persons authorized for disclosure of
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`confidential information under paragraph 5 of this Protective Order, except
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`for paragraph 5(d), (ii) a reviewing party’s qualified consultants and/or
`
`qualified experts after being expressly identified to the supplier as seeking
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`access to CONFIDENTIAL SOURCE CODE - OUTSIDE ATTORNEYS’
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`EYES ONLY INFORMATION, and subject to the disclosure requirements
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`of paragraphs 5 and 28.B(xv); (iii) current employees and 30(b)(6)
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`witnesses who receive or have access to the specific OUTSIDE COUNSEL
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`RESTRICTED – HIGHLY CONFIDENTIAL SOURCE CODE material
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`produced by that supplier in the ordinary course of their employment; (iv)
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`third parties for whom the supplier has confirmed in advance in writing
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`receive or have access to the specific OUTSIDE COUNSEL RESTRICTED
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`Case 2:22-cv-00134-JRG-RSP Document 64-1 Filed 09/08/22 Page 15 of 37 PageID #: 964
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`– HIGHLY CONFIDENTIAL SOURCE CODE material produced by that
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`supplier in the ordinary course of business; and (v) to the extent the supplier
`
`produces or otherwise makes available OUTSIDE COUNSEL
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`RESTRICTED – HIGHLY CONFIDENTIAL SOURCE CODE authored
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`by, originating from, or otherwise provided by a third party, the employees,
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`30(b)(6) witnesses, or expert witnesses designated by such third party to the
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`extent those individuals receive or have access to the specific OUTSIDE
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`COUNSEL RESTRICTED – HIGHLY CONFIDENTIAL SOURCE
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`CODE material produced by that supplier in the ordinary course of business.
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`(iii) Access to Source Code shall be provided on stand-alone (i.e., the
`
`computer(s) may not be linked to any network, including a local area
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`network (“LAN”), an intranet, or the Internet, and may not be connected
`
`to any printer or storage device other than the internal hard disk drive of
`
`the computer without the consent of the supplier) computer(s)
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`(hereinafter, the “Source Code Computer(s)” at the secure locations
`
`listed below. The Source Code Computer(s) shall be kept in a secure
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`location at the offices of the supplier’s outside litigation counsel in the
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`following locations:
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` AMD: Boston, MA (1 source code computer), and San Francisco,
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`CA (2 source code computers)
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` Realtek: Boston, MA (1 source code computer), and Silicon Valley,
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`CA (2 source code computers)
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` TCL: San Diego, CA (2 source code computers)
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`Case 2:22-cv-00134-JRG-RSP Document 64-1 Filed 09/08/22 Page 16 of 37 PageID #: 965
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`or at such other location as the supplier and reviewing party mutually agree (the
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`“Secure Rooms”). AMD, Realtek, and TCL each agree to make the number of
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`Source Code Computers identified above available simultaneously at each
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`location identified above. The Source Code Computer(s) may be password
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`protected and shall have the Source Code stored on a hard drive contained inside
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`the Source Code Computer(s) or, at the supplier’s election, otherwise accessible
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`on the Source Code Computer(s). Each Source Code Computer shall include an
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`external mouse, external keyboard, suitable graphics card, and external monitor;
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`the monitor shall be at least 27-inch diagonal and at least 1080p resolution; and
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`the computer shall have sufficient performance capability to efficiently view and
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`access the CONFIDENTIAL SOURCE CODE — OUTSIDE ATTORNEYS’
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`EYES ONLY INFORMATION. The Source Code Computer(s) will be locked
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`down so that additional peripheral devices cannot be connected to the Source
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`Code Computer(s) by the receiving party. The supplier shall produce Source
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`Code in a computer searchable format on the Source Code Computer(s). The
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`receiving party may request that commercially-available software tools for
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`viewing and searching Source Code be installed on the stand- alone computer,
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`provided that such tools are consistent with the protections herein. In that
`
`instance, the receiving party must provide the supplier with the licensed software
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`tool(s) at least seven (7) days in advance of the date upon which the receiving
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`party wishes to have the software tools available for use on the stand-alone
`
`computer. The receiving party bears the cost of all licenses for any such software
`
`tools. The receiving party shall not at any time compile or synthesize the Source
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`Case 2:22-cv-00134-JRG-RSP Document 64-1 Filed 09/08/22 Page 17 of 37 PageID #: 966
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`Code. In no event may any SOURCE CODE QUALIFIED PERSONS alter,
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`modify, delete, copy, or otherwise reproduce or remove any Source Code, except
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`to the extent otherwise permitted in this section. To the extent that such tools
`
`record local working files or other records reflecting the work performed by the
`
`receiving party, such files and records shall not be reviewed, altered, or deleted
`
`by the supplier.
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`(iv)
`
`The Supplier shall provide a manifest of the contents of the Source Code
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`Computer(s) and send via email to the receiving party, within one (1)
`
`business day of loading the CONFIDENTIAL SOURCE CODE –
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`OUTSIDE ATTORNEYS’ EYES ONLY INFORMATION onto the
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`Source Code Computer(s). The manifest shall list the name and location
`
`of every file being made available for inspection, and shall be updated
`
`each time additional Source Code is loaded to the Source Code
`
`Computer(s).
`
`(v)
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`The receiving party shall provide at least three (3) business days’ notice to
`
`access the Source Code and make reasonable efforts to restrict its requests
`
`for access to the Source Code Computer(s) to normal business hours, which
`
`for purposes of this paragraph shall be 9:00 a.m. through 5:30 p.m. local
`
`time at the reviewing location. Upon reasonable notice from the receiving
`
`party, which shall not be less than five (5) business days in advance, the
`
`supplier shall make reasonable efforts to accommodate the receiving party’s
`
`request for access to the computer outside of normal business hours. Such
`
`an expanded review period shall not begin earlier than 8:00 a.m. and shall
`
` 
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`Case 2:22-cv-00134-JRG-RSP Document 64-1 Filed 09/08/22 Page 18 of 37 PageID #: 967
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`not end later than 8:00 p.m. local time at the reviewing location. The parties
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`are to cooperate in good faith such that maintaining the Source Code
`
`Computer at the offices of the supplier’s outside litigation counsel shall not
`
`unreasonably hinder the receiving party’s ability to efficiently conduct the
`
`prosecution or defense in this investigation. The Source Code Computers
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`will be available until the close of the evidentiary record in this
`
`Investigation, including throughout fact and expert discovery and pre-trial
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`periods. Hard copy printouts of Source Code will be made available at the
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`evidentiary hearing and during depositions