Case 2:22-cv-00280-RWS-RSP Document 75 Filed 05/03/23 Page 1 of 29 PageID #: 1296
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`AX WIRELESS LLC,
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`Plaintiff,
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`v.
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`LENOVO GROUP LIMITED,
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`§
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`SUPPLEMENTAL PROTECTIVE ORDER GOVERNING NON-PARTY INTEL
`CORPORATION’S CONFIDENTIAL BUSINESS INFORMATION
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`CIVIL ACTION NO. 2:22-CV-00280-JRG-RSP
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`Defendant.
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`In accordance with the Joint Motion (Dkt. No. 74), additional protections for confidential
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`information, documents, and source code beyond those provided in the Stipulated Protective
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`Order (Dkt. No. 50) as between Plaintiff AX Wireless (“AX Wireless”), Lenovo Group Ltd.
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`(“Lenovo”), shall be provided for Non-Party Intel Corporation (“Intel”) to provide enhanced
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`confidentiality protections for the disclosure of competitive and highly sensitive trade secrets and
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`confidential materials including source code, pursuant to Fed. R. Civ. P. 26(c). See also Dkt. No.
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`50 at ¶ 35 (“The Parties anticipate that there may be Source Code productions by third parties,
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`who may produce Source Code subject to a supplemental protective order.”). It is the Parties’
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`understanding that Non-Party Intel supplies certain Wi-Fi 6 components (e.g., Wi-Fi chips and
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`software) incorporated in some of Lenovo’s products. AX Wireless has sought access to Non-
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`Party Intel’s source code and other confidential materials regarding those components. Intel has
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`represented that the source code and documents sought by AX Wireless contain highly sensitive,
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`proprietary trade secret and confidential materials, such that these materials are not shared with
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`any third party, absent strict confidentiality and non-disclosure obligations, given the highly
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`competitive nature of the semiconductor industry. Accordingly, this Supplemental Protective
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`Case 2:22-cv-00280-RWS-RSP Document 75 Filed 05/03/23 Page 2 of 29 PageID #: 1297
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`Order governs the discovery of documents and source code that are produced and designated by
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`Non-Party Intel as “NON-PARTY INTEL CONFIDENTIAL BUSINESS INFORMATION”
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`and “NON-PARTY INTEL CONFIDENTIAL BUSINESS INFORMATION - SOURCE
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`CODE” in connection with the above-captioned matter. In the event of a conflict between the
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`Protective Order (Dkt. No. 50) and this Supplemental Protective Order, the terms of this
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`Supplemental Protective Order will govern for NON-PARTY INTEL CONFIDENTIAL
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`BUSINESS INFORMATION and NON-PARTY INTEL CONFIDENTIAL BUSINESS
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`INFORMATION - SOURCE CODE. It is therefore hereby ORDERED that:
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`A.
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`Definitions
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`1.
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`“Party”: any party to this action, including all of its officers, directors, employees,
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`consultants, retained experts and consultants, and outside counsel (and their support staff).
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`2.
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`“Material”: all information, documents, items and things produced, served or
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`otherwise provided in this action (whether paper, electronic, tangible or otherwise) by the Parties
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`or by non-parties.
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`3.
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`4.
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`5.
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`“Producing Party”: a Party or non-party that produces Material in this action.
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`“Receiving Party”: a Party that receives Material from a Producing Party.
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`“Designating Party”: a Party or non-party
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`that designates Material as
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`“CONFIDENTIAL,” “CONFIDENTIAL - OUTSIDE ATTORNEYS’ EYES ONLY,” or
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`“CONFIDENTIAL - OUTSIDE COUNSEL RESTRICTED – SOURCE CODE.”
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`6.
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`“Source Code”: Source code, object code (i.e., computer instructions and data
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`definitions expressed in a form suitable for input to an assembler, compiler, or other translator),
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`any text written in any high-level programming language defining firmware and/or software
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`Case 2:22-cv-00280-RWS-RSP Document 75 Filed 05/03/23 Page 3 of 29 PageID #: 1298
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`functionalities implemented on an integrated circuit, microcode, register transfer language
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`(“RTL”), firmware, and hardware description language (“HDL”), as well as any and all notes,
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`annotations, and other comments of any type related thereto and accompanying the code. No
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`schematics, layout files (such as GDS, GDSII, OASIS, or other comparable file types), process
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`flows, or process recipes will be requested or produced in these actions. For avoidance of doubt,
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`Source Code may include source files, make files, intermediate output files, executable files,
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`header files, resource files, library files, module definition files, map files, object files, linker files,
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`browse info files, and debut files. Source Code does not include file names, version or revisions
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`identifications, and directory listings, which shall, when no Source Code is present, be designated
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`CONFIDENTIAL BUSINESS INFORMATION, SUBJECT TO PROTECTIVE ORDER.
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`7.
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`“CONFIDENTIAL Material”: Material that the Designating Party believes in good
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`faith is not generally known to others and that the Designating Party (i) would not normally reveal
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`to third parties except in confidence or has undertaken with others to maintain in confidence, or
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`(ii) believes in good faith is protected by a right to privacy under federal or state law or any other
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`applicable privilege or right related to confidentiality or privacy. Copies, abstracts, compilations,
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`summaries, and extracts of Materials designated as CONFIDENTIAL will also be treated as
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`CONFIDENTIAL Material.
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`8.
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`“CONFIDENTIAL - OUTSIDE ATTORNEYS’ EYES ONLY Material”: Material
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`that the Designating Party believes in good faith is not generally known to others and has
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`significant competitive value such that unrestricted disclosure to others, including in-house
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`counsel, would create a substantial risk of serious injury and that the Designating Party (i) would
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`not normally reveal to third parties except in confidence or has undertaken with others to maintain
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`in confidence, or (ii) believes in good faith is protected by a right to privacy under federal or state
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`Case 2:22-cv-00280-RWS-RSP Document 75 Filed 05/03/23 Page 4 of 29 PageID #: 1299
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`law or any other applicable privilege or right related to confidentiality or privacy. The designation
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`may apply to information that constitutes proprietary financial, technical, competitive, or
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`commercially sensitive information that the Designating Party maintains as highly confidential in
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`its business, including but not limited to information relating to future products, strategic plans,
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`non-public financial data, documents that would reveal trade secrets, licensing documents or
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`licensing communications, and settlement agreements or settlement communications, the
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`disclosure of which is likely to cause harm to the competitive position of the Designating Party.
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`This designation also includes Material obtained from a non-party pursuant to a Nondisclosure
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`Agreement (“NDA”), unless the non-party permits a different designation in writing. Copies,
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`abstracts, compilations, summaries, and extracts of Materials designated as CONFIDENTIAL -
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`OUTSIDE ATTORNEYS’ EYES ONLY will also be treated as CONFIDENTIAL - OUTSIDE
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`ATTORNEYS’ EYES ONLY Material.
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`9.
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`“CONFIDENTIAL - OUTSIDE COUNSEL RESTRICTED – SOURCE CODE
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`Material”: Material that is designated or otherwise includes Source Code and copies, abstracts,
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`compilations, summaries, and extracts of Source Code which the Designating Party believes in
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`good faith is not generally known to others and has significant competitive value such that
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`unrestricted disclosure to others would create a substantial risk of serious injury, and which the
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`Designating Party, in the ordinary course of business, takes precautions to protect and would not
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`normally reveal to third parties except in confidence or has undertaken with others to maintain in
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`confidence.
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`10.
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`“Designated Material”: Material that is designated “CONFIDENTIAL,”
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`“CONFIDENTIAL - OUTSIDE ATTORNEYS’ EYES ONLY,” or “CONFIDENTIAL -
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`Case 2:22-cv-00280-RWS-RSP Document 75 Filed 05/03/23 Page 5 of 29 PageID #: 1300
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`OUTSIDE COUNSEL RESTRICTED – SOURCE CODE” and all copies, abstracts, compilations,
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`summaries, and extracts of such Material.
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`11.
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`“Export Controlled Information”: all Source Code and any other Designated
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`Material identified by a Designating Party as being subject to federal export control regulations,
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`including the Export Administration Regulations (“EAR”), 15 C.F.R. §§ 750, et seq.
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`12.
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`“Counsel of Record”: (i) outside counsel who appear on the pleadings as counsel
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`for a Party, and (ii) licensed partners, counsel, associates, and patent agents of such outside counsel
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`to whom it is reasonably necessary to disclose the information for this litigation and administrative
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`personnel employed by the outside counsel, such as paralegals, legal translators, legal secretaries,
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`legal clerks, eDiscovery specialists, and shorthand reporters. “Counsel of Record” does not include
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`(i) a person who is an employee, director, or officer of a Party or a Party’s affiliates even if that
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`person appears on the pleadings as counsel for a Party or (ii) a person employed by the attorneys
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`who gives technical, scientific or financial advice relating to the substantive issues in this action
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`unless that person is a licensed attorney or patent agent.
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`13.
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`“Outside Consultant”: a person with specialized knowledge or experience in a
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`matter pertinent to the action who is retained by a Party or retained or employed by its Counsel of
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`Record to serve as an expert witness or as a consultant in this action and who is not a current or
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`anticipated: (i) officer, director, or employee of a Party or of a Party’s competitor, or (ii) consultant
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`involved in product and/or process design or development for a Party or for a Party’s competitor.
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`14.
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`“Professional Vendors”: persons or entities unaffiliated with a Party or a competitor
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`of a Party that provide litigation support services (e.g., photocopying, organizing, storing, or
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`retrieval of data in any form or medium, videotaping, translating, preparing transcripts, designing
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`and preparing exhibits, graphics, or demonstrations, organizing or processing data) and their
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`Case 2:22-cv-00280-RWS-RSP Document 75 Filed 05/03/23 Page 6 of 29 PageID #: 1301
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`employees and subcontractors. This definition includes a professional jury or trial consultant
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`retained in connection with this action and mock jurors retained by such a consultant to assist them
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`in their work. Professional Vendors do not include consultants who fall within the definition of
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`Outside Consultant.
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`15.
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`“Relevant Technology”: The subject matter of the Relevant Technology is
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`technical, confidential information related to “Wi-Fi 6 Modules” and “Wi-Fi 6 Functionality” as
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`sought by and defined in the subpoenas issued by AX Wireless to Intel (“Subpoenas”). For the
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`avoidance of doubt, the Subpoenas define “Wi-Fi 6 Module” as “any discrete or integrated
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`component of the ACCUSED INSTRUMENTALITY that provides, implements, embodies and/or
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`supports WI-FI 6 FUNCTIONALITY, or is configured to do so, including, but not limited to, the
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`AX200, AX201, AX210, AX211, Gig+ Series, Killer AX1675, Killer AX1650 and 22260
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`products.” The Subpoenas define “Wi-Fi 6 Functionality” as the “technical functionalities as
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`illustrated in, but not limited by, the 802.11ax standard promulgated by the Institute of Electrical
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`and Electronics Engineers (IEEE) (“Wi-Fi 6 Standard”).”
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`B.
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`Scope
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`16.
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`Compliance with Applicable Rules Governing Confidentiality and Filing Under
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`Seal. This Order does not confer blanket protections on all disclosures or responses to discovery,
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`and the protection it affords from public disclosure and use extends only to the limited information
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`or items that are entitled to confidential treatment under applicable legal principles. Nor does this
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`Order entitle the parties to file confidential information under seal; the Parties must follow the
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`applicable rules, procedures, and standards when seeking permission to file material under seal.
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`Case 2:22-cv-00280-RWS-RSP Document 75 Filed 05/03/23 Page 7 of 29 PageID #: 1302
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`C.
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`Access to Designated Material
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`17.
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`Access to CONFIDENTIAL Material. Only the following persons are permitted to
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`have access to CONFIDENTIAL Material:
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`(a)
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`employees of the Receiving Party to whom disclosure is reasonably
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`necessary for the management, supervision, or oversight of this litigation and who have signed the
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`“Agreement to Be Bound by Protective Order” attached as Exhibit A, so long as such employees
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`are not involved in competitive decision-making activities. For the avoidance of doubt, an
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`individual is not a competitive decisionmaker solely by virtue of participating in the negotiation
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`of a settlement agreement;
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`(b)
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`persons who appear on the face of Designated Material as an author,
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`addressee or recipient thereof, provided, however, that no one may show Designated Material to
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`an ex-employee of a Producing Party without first notifying the Producing Party and providing the
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`Producing Party with an opportunity to object prior to such disclosure;
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`(c)
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`(d)
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`(e)
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`(f)
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`(g)
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`Counsel of Record;
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`Outside Consultants, subject to the procedures set forth in Section D;
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`the Court and its personnel;
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`court reporters;
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`a mediator assigned to hear this matter, and his or her staff, who have signed
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`the “Agreement to Be Bound by Protective Order” attached as Exhibit A and the “Certification of
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`Consultant” attached as Exhibit B; and
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`(h)
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`Professional Vendors to which disclosure is reasonably necessary for this
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`litigation and a representative of which has signed the “Agreement To Be Bound By Protective
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`Order” attached as Exhibit A.
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`Case 2:22-cv-00280-RWS-RSP Document 75 Filed 05/03/23 Page 8 of 29 PageID #: 1303
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`18.
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`Access to CONFIDENTIAL - OUTSIDE ATTORNEYS’ EYES ONLY Material.
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`Only the persons identified in Paragraph 17(b)-(h) are permitted to have access to
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`CONFIDENTIAL - OUTSIDE ATTORNEYS’ EYES ONLY Material.
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`19.
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`Access to CONFIDENTIAL - OUTSIDE COUNSEL RESTRICTED – SOURCE
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`CODE Material. Only the persons identified in Paragraph 17(c)-(f) are permitted to have access to
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`CONFIDENTIAL - OUTSIDE COUNSEL RESTRICTED – SOURCE CODE Material. Absent
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`consent of the Producing Party (which will not be unreasonably withheld), no more than 10
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`Counsel of Record and 6 Outside Consultants for a Receiving Party are permitted to have access
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`to CONFIDENTIAL - OUTSIDE COUNSEL RESTRICTED – SOURCE CODE Material.
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`20.
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`Acknowledgements to be Bound. Each person to whom Designated Material may
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`be disclosed, and who is required to sign the “Agreement to Be Bound by Protective Order” and/or
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`the “Certification of Consultant” must do so prior to reviewing Designated Material. Counsel of
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`Record for the Receiving Party must retain each original executed document and, on written
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`request, must provide copies to Counsel of Record for all other Parties after the termination of this
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`action. The identification of an individual pursuant to this Order does not make that individual
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`subject to deposition or any other form of discovery.
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`D.
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`Disclosure to Outside Consultants
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`21.
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`Notice. Before disclosing another party’s Designated Material to an Outside
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`Consultant, a Receiving Party must first provide written notice by hand-delivery or email to
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`Counsel of Record for the Designating Party. The notice must include: (a) the Outside Consultant’s
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`name, business title, business address, and business or profession; (b) a current CV; (c) the Outside
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`Consultant’s previous or current relationship (personal or professional) with any of the Parties,
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`their predecessors, or their successors in interest; (d) a list of cases in which the Outside Consultant
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`Case 2:22-cv-00280-RWS-RSP Document 75 Filed 05/03/23 Page 9 of 29 PageID #: 1304
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`has testified (at trial or deposition) within the last seven years; (e) a list of all companies for which
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`the Outside Consultant has consulted or that have employed the Outside Consultant within the last
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`seven years; and (f) a signed copy of the Agreement to Be Bound by Protective Order attached as
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`Exhibit A and the “Certification of Outside Consultant” attached as Exhibit B.
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`22.
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`Objections. The Designating Party will have ten calendar days from receipt of the
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`notice to object to the disclosure. The notice must identify the grounds for the objection. If the
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`Designating Party does not object during that ten-day period, then the Receiving Party may
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`disclose Designated Material to the Outside Consultant pursuant to the terms of this Order.
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`However, if the Designating Party objects within that period, the Receiving Party may not disclose
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`Designated Material to the challenged individual absent resolution of the dispute or Court Order.
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`In the event the Designating Party makes a timely objection, the parties shall promptly meet and
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`confer by telephone or in person to try in good faith to resolve the matter by agreement. If the
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`parties cannot reach an agreement, the Receiving Party may within three (3) business days
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`following the meet and confer email a summary of the issue(s) and specific relief requested to all
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`counsel of record. The summary of the issue shall not exceed 500 words for one issue or a
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`combined 1,000 words for multiple issues. The Producing Party has three (3) days thereafter to
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`provide an email response, also not to exceed 500 words for one issue or a combined 1,000 words
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`for multiple issues. Once the Producing Party provides its response, the Receiving Party shall email
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`the summaries of the issues to the Court’s law clerk with opposing counsel copied. If the Receiving
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`Party fails to email a summary of the issue(s) and specific relief requested to all counsel of record
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`within the prescribed period, it waives any argument that such Designated Material should be
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`disclosed to the Outside Consultant, and Designated Material may not be disclosed to such an
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`individual. Designated Material shall not be disclosed to the challenged individual until and unless
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`a final ruling allowing such disclosure is made by this Court or by the consent of the Designating
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`Party, whichever occurs first.
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`E.
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`Disclosure to Employees of Receiving Party
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`23.
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`Notice. Before disclosing another party’s Confidential material to employees of the
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`Receiving Party who have signed Exhibit A (as defined under Paragraph 17)(a)), a Receiving Party
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`must first provide written notice by hand-delivery or email to Counsel of Record for the
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`Designating Party. The notice must include: (a) the employee’s name, business title, business
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`address, and business or profession; (b) a current CV; (c) the employee’s previous or current
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`relationship (personal or professional) with any of the Parties, their predecessors, or their
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`successors in interest; and (c) a signed copy of the Agreement to Be Bound by Protective Order
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`attached as Exhibit A.
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`24.
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`Objections. The Designating Party will have ten calendar days from receipt of the
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`notice to object to the disclosure. The notice must identify the grounds for the objection. If the
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`Designating Party does not object during that ten-day period, then the Receiving Party may
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`disclose Designated Material to the Outside Consultant pursuant to the terms of this Order.
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`However, if the Designating Party objects within that period, the Receiving Party may not disclose
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`Designated Material to the challenged individual absent resolution of the dispute or Court Order.
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`In the event the Designating Party makes a timely objection, the parties shall promptly meet and
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`confer by telephone or in person to try in good faith to resolve the matter by agreement. If the
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`parties cannot reach an agreement, the Receiving Party may within three (3) business days
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`following the meet and confer email a summary of the issue(s) and specific relief requested to all
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`counsel of record. The summary of the issue shall not exceed 500 words for one issue or a
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`combined 1,000 words for multiple issues. The Producing Party has three (3) days thereafter to
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`provide an email response, also not to exceed 500 words for one issue or a combined 1,000 words
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`for multiple issues. Once the Producing Party provides its response, the Receiving Party shall email
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`the summaries of the issues to the Court’s law clerk with opposing counsel copied. If the Receiving
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`Party fails to email a summary of the issue(s) and specific relief requested to all counsel of record
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`within the prescribed period, it waives any argument that such Designated Material should be
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`disclosed to the Outside Consultant, and Designated Material may not be disclosed to such an
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`individual. Designated Material shall not be disclosed to the challenged individual until and unless
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`a final ruling allowing such disclosure is made by this Court or by the consent of the Designating
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`Party, whichever occurs first.
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`F.
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`Inspection and Production of Source Code
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`25.
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`The Secure Room. Source Code will be made available for inspection in a secure
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`room in computer searchable format on a stand-alone computer connected to a printer (that is, a
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`computer not connected to a network or the Internet, and that is locked down so that additional
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`peripheral devices cannot be connected to it) during regular business hours on reasonable notice,
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`at a location in the United States selected by the Producing Party (the “Secure Room”). Before
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`being admitted into the Secure Room, an individual must provide a photo identification card
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`sanctioned by the government of a state of the United States or by the national government of the
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`individual’s current citizenship.
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`26.
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`Review of Source Code. The Receiving Party shall provide reasonable notice prior
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`to a proposed inspection. Reasonable notice shall mean at least ten (10) business days’ notice prior
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`to an initial proposed inspection, and at least three (3) business days’ notice for any subsequent
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`review sessions. The Producing Party shall make reasonable efforts to accommodate the Receiving
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`Party’s request for access to the stand-alone computer upon shorter notice, and the Receiving Party
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`shall make reasonable efforts to provide as much advance notice for any subsequent review
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`sessions as possible. If a Party has in its possession any Source Code that is owned by a third party
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`and subject to a claim of confidentiality or subject to any license restriction on its distribution or
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`release, the Party possessing the third party Source Code will not be required to produce such data
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`until such time as the third party has been notified by the Party of the anticipated production of
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`such data and the third party has had an opportunity to object to such production and to seek a
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`protective order from the Court concerning the same within fifteen (15) calendar days of being
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`notified of the anticipated production of such data. The party possessing the third party Source
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`Code must notify the third party within three (3) days of the request.
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`No electronic devices are permitted in the Secure Room, including laptops, floppy drives,
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`zip drives, cellular telephones, personal digital assistants, cameras, voice recorders, telephone
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`jacks or other hardware. Non-electronic devices capable of similar functionality are also
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`prohibited, as is loose paper that could be used in a printer. Written notes relating to the Source
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`Code may be taken only in spiral- or permanently-bound notebooks and shall be designated
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`CONFIDENTIAL - OUTSIDE COUNSEL RESTRICTED - SOURCE CODE. The Source Code
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`may not be copied into the notes. Notwithstanding this provision, file name and location (i.e.,
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`directory path), may be copied into the notes. The Producing Party may visually monitor the
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`activities of the Receiving Party’s representatives during any review but only to ensure there is no
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`unauthorized recording, copying, or transmission of the Source Code; the Producing Party may
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`not monitor what code is being reviewed by the Receiving Party’s representative(s) and no
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`provision in this section gives the Producing Party the right to inspect or review any notes and/or
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`other work product of the Receiving Party – and nothing herein shall be construed to make such
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`notes discoverable absent a waiver of attorney-client, work product, or other privilege.
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`The Producing Party shall provide the Receiving Party with information explaining how to
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`start, log on to, and operate the computer in order to access the produced source code on the
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`computer. The computer will have a monitor of at least 32 inches diagonal and an attached mouse.
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`The Producing Party shall install reasonably available commercial tools that are sufficient
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`for viewing and searching the code produced, on the platform produced, if such tools exist, are
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`presently used in the ordinary course of the Producing Party’s business, and do not require payment
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`of additional license fees. The Receiving Party may request that additional software tools be
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`installed on the computer to assist the Receiving Party’s review of the source code. The Receiving
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`Party shall be responsible for providing the tools or licenses to the tools that it wishes to use to the
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`Producing Party at least ten (10) days prior to the first date on which access to the Secured Room
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`is sought so that the producing Party may install such tools on the computer. If the Parties are
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`unable to agree on the additional requested software tools, the Receiving Party may seek an Order
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`from the Court after making a good faith effort to resolve the dispute.
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`A telephone and internet access will be provided in a room convenient to and near the
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`Secured Room—i.e., a room in close proximity to the Secured Room; a reviewer shall be permitted
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`to access the internet and use a personal cell phone in that room.
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`27.
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`Inspection Hours. Source Code will be made available for inspection between the
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`hours of 9 a.m. to 6 p.m. local time, on business days (i.e., weekdays that are not Federal holidays).
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`The Receiving Party shall make all reasonable efforts to inspect Source Code during these hours.
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`However, upon reasonable notice from the Receiving Party, the Producing Party shall make
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`reasonable efforts to accommodate the Receiving Party’s request for access to the stand-alone
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`computer beyond these hours.
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`28.
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`Printing Portions of the Source Code. A Receiving Party is allowed to print paper
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`copies of necessary, specific portions of the Source Code at the time of inspection. Paper copies
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`are restricted to what is necessary for use in a filing, in an expert report, at a deposition, or at a
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`hearing, i.e., only the portions of the Source Code that address the specific functionality relevant
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`to the claims and defenses in this action. A Receiving Party is not entitled to print passages to
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`facilitate review of the Source Code away from the Secure Room; the Source Code is to be
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`reviewed and analyzed using the stand-alone computer. The Receiving Party is prohibited from
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`removing the paper copies from the Secure Room.
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`29.
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`Delivery of Printouts. The Producing Party will collect any printed pages of the
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`Source Code, and Bates number, copy, and label them “CONFIDENTIAL - OUTSIDE COUNSEL
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`RESTRICTED – SOURCE CODE.” Within seven (7) calendar days, the Producing Party must
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`either (a) deliver four (4) paper copy sets of such pages to one or more offices of the Receiving
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`Party’s Counsel of Record or (b) provide notice that the printed portions are excessive or were not
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`requested for a permitted purpose. A reasonable request will be presumed to extend for no more
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`than a total of five hundred (500) total pages, for no more than sixty (60) contiguous pages. The
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`Producing Party shall not unreasonably deny requests for additional necessary printouts. These
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`limits may be increased by agreement of the Parties or on a showing of need. The Receiving Party
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`will make reasonable efforts to group together any print requests to minimize the burden of the
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`requests.
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`30.
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`Objection to Printouts. In the event that the Producing Party provides notice that
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`the printed portions are excessive or were not requested for a permitted purpose under Paragraph
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`29 and the Receiving Party disagrees, the parties shall first try to resolve the dispute in good faith
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`including through a meet and confer. If the dispute cannot be resolved, the Receiving Party may
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`Case 2:22-cv-00280-RWS-RSP Document 75 Filed 05/03/23 Page 15 of 29 PageID #: 1310
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`within five (5) business days following the meet and confer email a summary of the issue(s) and
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`specific relief requested to all counsel of record. The summary of the issue shall not exceed 500
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`words for one issue or a combined 1,000 words for multiple issues. The Producing Party has 3
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`days thereafter to provide an email response, also not to exceed 500 words for one issue or a
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`combined 1,000 words for multiple issues. Once the Producing Party provides its response, the
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`Receiving Party shall email the summaries of the issues to the Court’s law clerk with opposing
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`counsel copied. The burden will be on the Receiving Party to demonstrate that such portions are
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`no more than is reasonably necessary for a permitted purpose, and not merely for the purpose of
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`review and analysis in another location.
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`31.
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`Producing Party Log. The Producing Party may maintain a log identifying: (a) the
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`name of each person who accessed the Secure Room; (b) the date and time of access; (c) the length
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`of time of access; and (d) whether any pages were printed. The Producing Party may also retain
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`copies of any printed pages of the Source Code.
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`32.
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`Receiving Party Log. The Receiving Party must maintain a log identifying each
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`person who reviews the printouts and the date and time of that person’s first review. The Receiving
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`Party must provide the Producing Party with a copy of the log on two (2) business days’ notice,
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`but no more than once per month absent a showing of good cause.
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`33.
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`Maintenance of Printouts. The copy sets of the Source Code printouts must be kept
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`at all times in the office(s) of Counsel of Record to which the Producing Party delivered them
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`unless otherwise provided below. The delivered copy sets must be kept in a locked storage
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`container where they will not be accessible to persons other than those allowed access under this
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`Order. Except as explicitly permitted below, the Receiving Party is prohibited from making
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`additional copies or scanning the Source Code printouts. Outside Consultants are prohibited from
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`Case 2:22-cv-00280-RWS-RSP Document 75 Filed 05/03/23 Page 16 of 29 PageID #: 1311
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`keeping, storing, or reviewing copy sets at their office. Persons allowed to access the Source Code
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`printouts under this Protective Order may also temporarily keep the Source Code printouts in their
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`physical possession, where physical possession means actual physical possession, while at: (1)
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`Court for any proceedings(s) relating to the Source Code, for the dates associated with the
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`proceeding(s); and (2) the sites where any deposition(s) relating to the Source Code are taken, for
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`the dates associated with the deposition(s). If any Source Code printouts have to be stored during
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`travel, the Receiving Party agrees to procure and store all Source Code printouts in a locked storage
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`container at a secure storage location approved by the Producing Party at the Receiving Party’s
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`expense. The Receiving Party shall exercise due care in limiting visual access to the Source Code
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`printouts, maintaining the security of the printouts at these temporary locations, and securely
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`transporting the printouts to and from these temporary locations.
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`34.
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`Transportation of Copy Sets. In the event that a Producing