Case 2:22-cv-00443-JRG Document 42-10 Filed 01/16/24 Page 1 of 25 PageID #: 896
`Case 2:22-cv-00443-JRG Document 42-10 Filed 01/16/24 Page 1 of 25 PagelD #: 896
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`EXHIBIT J
`EXHIBIT J
`
`

`

`
`
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` IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`
`AGIS SOFTWARE DEVELOPMENT LLC
`
`CIVIL ACTION NO. 2:19-cv-00361-JRG
`
`Plaintiff,
`
`v.
`
`GOOGLE LLC,
`
`Defendant.
`
`
`
`AGIS SOFTWARE DEVELOPMENT LLC
`
`Plaintiff,
`
`v.
`
`WAZE MOBILE LIMITED,
`
`Defendant.
`
`
`
`AGIS SOFTWARE DEVELOPMENT LLC
`
`Plaintiff,
`
`v.
`
`Lead Case
`
`
`
`CIVIL ACTION NO. 2:19-cv-00359-JRG
`
`
`
`CIVIL ACTION NO. 2:19-cv-00362-JRG
`
`SAMSUNG ELECTRONICS CO., LTD., and
`SAMSUNG ELECTRONICS AMERICA,
`INC.,
`
`
`
`Defendants.
`
`PROTECTIVE ORDER
`
`WHEREAS, Plaintiff AGIS Software Development LLC (“AGIS”), Defendant Wave
`
`Mobile Limited (“Waze”), Defendant Google LLC (“Google”), and Defendants Samsung
`
`1
`
`
`

`

`
`
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`Electronics Co., Ltd., and Samsung Electronics (collectively, “Samsung”),1 hereafter referred to
`
`as “the Parties,” believe that certain information that is or will be encompassed by discovery
`
`demands by the Parties involves the production or disclosure of trade secrets, confidential business
`
`information, or other proprietary information;
`
`WHEREAS, the Parties seek a protective order limiting disclosure thereof in accordance
`
`with Federal Rule of Civil Procedure 26(c):
`
`THEREFORE, it is hereby stipulated among the Parties and ORDERED that:
`
`1.
`
`Each Party may designate as confidential for protection under this Order, in whole or in
`
`part, any document, information or material that constitutes or includes, in whole or in
`
`part, confidential or proprietary information or trade secrets of the Party or a Third Party
`
`to whom the Party reasonably believes it owes an obligation of confidentiality with
`
`respect to such document, information or material (“Protected Material”). Protected
`
`Material shall be designated by the Party producing it by affixing a legend or stamp on
`
`such document, information or material as follows: “CONFIDENTIAL,” “RESTRICTED
`
`– ATTORNEYS’ EYES ONLY,” or “RESTRICTED CONFIDENTIAL SOURCE
`
`CODE.” The word “CONFIDENTIAL,” “RESTRICTED – ATTORNEYS’ EYES
`
`ONLY,” or “RESTRICTED CONFIDENTIAL SOURCE CODE” shall be placed clearly
`
`on each page of the Protected Material (except deposition and hearing transcripts and
`
`natively produced documents) for which such protection is sought. For deposition and
`
`hearing transcripts, the word “CONFIDENTIAL” or other applicable designation shall be
`
`placed on the cover page of the transcript (if not already present on the cover page of the
`
`
`1 Waze, Google, and Samsung will hereafter collectively be referred to as “Defendants” and each
`may also be referred to separately as “Defendant.”
`
`2
`
`
`

`

`
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`transcript when received from the court reporter) by each attorney receiving a copy of the
`
`transcript after that attorney receives notice of the designation of some or all of that
`
`transcript as Protected Material. For natively produced Protected Material, the word
`
`“CONFIDENTIAL” or other applicable designation shall be placed in the filename of
`
`each such natively produced document. All Protected Material not reduced to
`
`documentary, tangible or physical form or which cannot be conveniently designated as
`
`set forth herein shall be designated by the producing Party by informing the receiving
`
`Party of the designation in writing. Any documents (including physical objects) made
`
`available for inspection by counsel for the receiving Party prior to producing copies of
`
`selected items shall be considered, as a whole, to constitute Protected Material (unless
`
`otherwise designated at the time of inspection) and shall be subject to this Order.
`
`Thereafter, the producing Party shall have reasonable time to review and designate the
`
`appropriate documents or things as “CONFIDENTIAL,” “RESTRICTED –
`
`ATTORNEYS’ EYES ONLY,” or “RESTRICTED CONFIDENTIAL SOURCE CODE”
`
`prior to furnishing copies to the receiving Party.
`
`2.
`
`Any document produced under Patent Rules 2-2, 3-2, and/or 3-4 before issuance of this
`
`Order with the designation “Confidential” or “Confidential - Outside Attorneys’ Eyes
`
`Only” shall receive the same treatment as if designated “RESTRICTED - ATTORNEYS’
`
`EYES ONLY” under this Order, unless and until such document is redesignated to have a
`
`different classification under this Order.
`
`3.
`
`With respect to documents, information or material designated “CONFIDENTIAL,”
`
`“RESTRICTED - ATTORNEYS’ EYES ONLY,” or “RESTRICTED CONFIDENTIAL
`
`3
`
`
`

`

`
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`SOURCE CODE” (“DESIGNATED MATERIAL”),2 subject to the provisions herein and
`
`unless otherwise stated, this Order governs, without limitation: (a) all documents,
`
`electronically stored information, and/or things as defined by the Federal Rules of Civil
`
`Procedure; (b) all pretrial, hearing or deposition testimony, or documents marked as
`
`exhibits or for identification in depositions and hearings; (c) pretrial pleadings, exhibits to
`
`pleadings and other court filings; (d) affidavits; and (e) stipulations. All copies,
`
`reproductions, extracts, digests and complete or partial summaries prepared from any
`
`DESIGNATED MATERIALS shall also be considered DESIGNATED MATERIAL and
`
`treated as such under this Order.
`
`4.
`
`A designation of Protected Material (i.e., “CONFIDENTIAL,” “RESTRICTED -
`
`ATTORNEYS’ EYES ONLY,” or “RESTRICTED CONFIDENTIAL SOURCE
`
`CODE”) may be made at any time. Inadvertent or unintentional production of
`
`documents, information or material that has not been designated as DESIGNATED
`
`MATERIAL shall not be deemed a waiver in whole or in part of a claim for confidential
`
`treatment. Any party that inadvertently or unintentionally produces Protected Material
`
`without designating it as DESIGNATED MATERIAL may request destruction of that
`
`Protected Material by notifying the recipient(s), as soon as reasonably possible after the
`
`producing Party becomes aware of the inadvertent or unintentional disclosure, and
`
`providing replacement Protected Material that is properly designated. The recipient(s)
`
`
`2 The term DESIGNATED MATERIAL is used throughout this Protective Order to refer to the
`class of materials designated as “CONFIDENTIAL,” “RESTRICTED - ATTORNEYS’ EYES
`ONLY,” or “RESTRICTED CONFIDENTIAL SOURCE CODE,” both individually and
`collectively.
`
`4
`
`
`

`

`
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`shall then destroy all copies of the inadvertently or unintentionally produced Protected
`
`Materials and any documents, information or material derived from or based thereon.3
`
`5.
`
`“CONFIDENTIAL” documents, information and material may be disclosed only to the
`
`following persons, except upon receipt of the prior written consent of the designating
`
`party, upon order of the Court, or as set forth in paragraph 12 herein:
`
`(a)
`
`(b)
`
`(c)
`
`(d)
`
`outside counsel of record in this Action4 for the Parties;
`
`employees of such counsel assigned to and reasonably necessary to assist such
`counsel in the litigation of this Action;
`
`up to one in-house counsel for the Parties who is a member in good standing of at
`least one state bar and has responsibility for making decisions dealing directly
`with the litigation of this Action;
`
`outside consultants or experts (i.e., not existing employees or affiliates of a Party
`or an affiliate of a Party),and their necessary support personnel, retained for the
`purpose of this litigation, provided that: (1) such consultants or experts are not
`presently employed by the Parties hereto for purposes other than this Action, or by
`a competitor of a Party, nor anticipated at the time of retention to become an
`officer, director, or employee of a Party or of a competitor of a Party5; (2) before
`access is given, the consultant or expert has completed the Undertaking attached
`as Appendix A hereto and the same is served upon the producing Party at least ten
`(10) calendar days before access to the DESIGNATED MATERIAL is to be given
`to that consultant, technical advisor or expert, along with (i) the name, address,
`current curriculum vitae, current employer, and employment history for the past
`ten (10) years of the consultant, technical advisor, or expert; (ii) a list of the cases
`in which the consultant, technical advisor or expert has testified as an expert at trial
`
`
`3The following information is not Protected Material: (a) any information that is or, after its
`disclosure to a receiving Party, becomes part of the public domain as a result of publication not
`involving a violation of this Order or other obligation to maintain the confidentiality of such
`information; (b) any information that the receiving Party can show was already publicly known
`prior to the disclosure; and (c) any information that the receiving Party can show by written
`records was received by it from a source who obtained the information lawfully and under no
`obligation of confidentiality to the producing Party.
`
` 4
`
` This “Action” means Case Nos. 2:19-cv-00359-JRG, 2:19-cv-00361-JRG, or 2:19-cv-00362-
`JRG.
`
` 5
`
` For avoidance of doubt, an independent expert or consultant retained (as opposed to employed)
`by a Party on another litigation would not be precluded under this section.
`
`
`5
`
`
`

`

`
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`or by deposition within the preceding five (5) years); and (iii) an identification of
`any patents or patent applications on which the consultant, technical advisor, or
`expert is identified as an applicant or inventor, is involved in prosecuting or
`maintaining, or has any pecuniary interest; and (iii) within ten (10) days of receipt
`of the disclosures described in subparagraph (d)(2) above, the producing Party may
`notify the receiving Party in writing that it objects to disclosure of DESIGNATED
`MATERIAL to the consultant, technical advisor, or expert. The Parties agree to
`promptly meet and confer and use good faith to resolve any such objection within
`five (5) days following the objection. If the Parties are unable to resolve any
`objection, the objecting Party may file a motion with the Court within fifteen (15)
`days of the notice, or within such other time as the Parties may agree, seeking a
`protective order with respect to the proposed disclosure. The objecting Party shall
`have the burden of proving the need for a protective order. No disclosure shall
`occur until all such objections are resolved by agreement or Court order. A party
`who has not previously objected to disclosure of DESIGNATED MATERIAL to
`a consultant, technical advisor or expert with respect with respect to previously
`produced information shall not be precluded from raising an objection to a
`consultant, technical advisor, or expert with respect to access to newly-produced
`materials or information that are produced after the time for objecting to such
`consultant, technical advisor, or expert has expired. Any such objection shall be
`handled in accordance with the procedures set forth in this subsection (d)(2).
`
`(e)
`
`independent litigation support services, including persons working for or as court
`reporters, stenographic reporters or videographers, translators, graphics or design
`services, jury or trial consulting services, and photocopy, document imaging,
`document review, and database services retained by counsel and reasonably
`necessary to assist counsel with the litigation of this Action; and
`
`(f)
`
`the Court (including any Court-appointed mediators or advisors) and its personnel
`(under seal or other suitable precautions determined by the Court).
`
`6.
`
`A Party shall designate documents, information or material as “CONFIDENTIAL” only
`
`upon a good faith belief that the documents, information or material contains confidential
`
`or proprietary information or trade secrets of the Party or a Third Party to whom the Party
`
`reasonably believes it owes an obligation of confidentiality with respect to such
`
`documents, information or material.
`
`7.
`
`Documents, information or material produced in this Action, including but not limited to
`
`Protected Material designated as DESIGNATED MATERIAL, shall be used by the
`
`Parties only in the litigation of this Action and shall not be used for any other purpose.
`
`6
`
`
`

`

`
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`Any person or entity who obtains access to DESIGNATED MATERIAL or the contents
`
`thereof pursuant to this Order shall not make any copies, duplicates, extracts, summaries
`
`or descriptions of such DESIGNATED MATERIAL or any portion thereof except as may
`
`be reasonably necessary in the litigation of this Action. Any such copies, duplicates,
`
`extracts, summaries or descriptions shall be classified DESIGNATED MATERIALS and
`
`subject to all of the terms and conditions of this Order.
`
`8.
`
`To the extent a producing Party believes that certain Protected Material qualifying to be
`
`designated CONFIDENTIAL is so sensitive that its dissemination deserves even further
`
`limitation, the producing Party may designate such Protected Material “RESTRICTED -
`
`ATTORNEYS’ EYES ONLY,” or to the extent such Protected Material includes
`
`computer Source Code6 and/or live data (that is, data as it exists residing in a database or
`
`databases), the producing Party may designate such Protected Material as
`
`“RESTRICTED CONFIDENTIAL SOURCE CODE” (“Source Code Material”).
`
`9.
`
`For Protected Material designated RESTRICTED - ATTORNEYS’ EYES ONLY and
`
`RESTRICTED CONFIDENTIAL SOURCE CODE, access to, and disclosure of, such
`
`Protected Material shall be limited to individuals listed in paragraphs 5(a-b) and (d-f).
`
`10.
`
`The RESTRICTED CONFIDENTIAL SOURCE CODE designation is reserved for
`
`Protected Material that contains or substantively relates to a Party’s “Source Code,”
`
`
`6 “Source Code” shall mean documents containing or substantively relating to confidential,
`proprietary, and/or trade secret computer 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), microcode, register transfer language (“RTL”), firmware, and hardware description
`language (“HDL”), as well as any and all programmer notes, annotations, and other comments of
`any type related thereto and accompanying the code. For avoidance of doubt, this includes
`source files, make files, intermediate output files, executable files, header files, resource files,
`library files, module definition files, map files, object files, linker files, browse info files, and
`debug files.
`
`7
`
`
`

`

`
`
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`which shall mean documents or information containing or substantively relating to
`
`confidential, proprietary, and/or trade secret source code or technical design
`
`documentation (“Source Code Material”). For Protected Material designated
`
`RESTRICTED CONFIDENTIAL SOURCE CODE, the following additional restrictions
`
`apply:
`
`(a)
`
`(b)
`
`Access to a Party’s Source Code Material shall be provided only on a “stand-alone”
`computer(s) (that is, the computer may not be linked to any network, including a
`local area network (“LAN”), an intranet or the Internet) in a secured locked room.7
`The stand-alone computer(s) may be connected to a printer.
`
`The receiving Party shall make reasonable efforts to restrict its requests for such
`access to the stand-alone computer(s) to normal business hours, which for purposes
`of this paragraph shall be 8:00 a.m. through 6:00 p.m. However, upon reasonable
`notice from the receiving party, the producing Party shall make reasonable efforts
`to accommodate the receiving Party’s request for access to the stand-alone
`computer(s) outside of normal business hours. The Parties agree to cooperate in
`good faith such that maintaining the producing Party’s Source Code Material at the
`offices of its outside counsel shall not unreasonably hinder the receiving Party’s
`ability to efficiently and effectively conduct the prosecution or defense of this
`Action;
`
`(c)
`
`The producing Party shall provide the receiving Party with information explaining
`how to start, log on to, and operate the stand-alone computer(s) in order to access
`the produced Source Code Material on the stand-alone computer(s);
`
`(d)
`
`The producing Party will produce Source Code Material in computer searchable
`format on the stand-alone computer(s) as described above and the receiving Party
`may request that commercially available licensed software tools for viewing and
`searching of Source Code Material be installed on the stand-alone computer for
`purposes of the review. Timely requests for the installation of such search software
`will not be unreasonably denied so long as the requested search software is
`compatible with the operating system, and other software necessary to make the
`Source Code available for inspection, installed on a Source Code Review
`computer(s), does not prevent or impede the receiving Party’s access to the Source
`Code Material produced for inspection on Source Code Review computer(s) and
`
`7 To the extent that the COVID-19 pandemic and associated government stay-at-home orders
`persist, thereby preventing Defendants from making the required disclosure of Source Code
`Material by the June 8, 2020 deadline set forth in the Docket Control Order (Dkt. 68) for
`Defendants’ Local Patent Rule 3-4 Document Production Accompanying Invalidity Contentions,
`the parties agree to meet and confer regarding alternate means of production of Source Code
`material.
`
`8
`
`
`

`

`
`
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`does not side-step any of the security features enabled on a Source Code Review
`computer(s). The receiving Party shall not erase, load, install, compile, or
`otherwise modify any program (or request that any other program be erased,
`loaded, installed, or otherwise modified by the producing Party) on the Source
`Code Review computer(s) without first submitting a written request and obtaining
`the producing Party’s agreement to the request;
`
`Access to Source Code Material shall be limited to (i) outside counsel; (ii) up to
`three (3) outside consultants or experts8 (i.e., not existing employees or affiliates
`of a Party or an affiliate of a Party) retained for the purpose of this litigation and
`approved to access such Protected Materials pursuant to paragraph 5(d) above; (iii)
`the Court (its technical advisor, if one is appointed), the jury, court personnel, and
`court reporters or videographers recording testimony or other proceedings in this
`Action. Court reporters and/or videographers shall not retain or be given copies of
`any portions of the Source Code Materials. If used during a deposition, the
`deposition record will identify the exhibit by its bates number; and (iv) while
`testifying at a deposition or trial in this action only: (a) any current or former
`officer, director, or employee of the producing Party or original source of the
`information (if employed during the time of code authorship or use); (b) any person
`designated by the producing Party to provide testimony pursuant to Rule 30(b)(6)
`of the Federal Rules of Civil Procedure; and/or (c) any person who authored,
`previously received (other than in connection with this litigation), or was directly
`involved in creating, modifying, or editing the Source Code Material, as evident
`from its face or reasonably certain in view of other testimony or evidence. Persons
`authorized to view the Source Code Materials pursuant to this subparagraph shall
`not retain or be given copies of the Source Code Materials except while so
`testifying.
`
`To the extent portions of Source Code Material are quoted in an electronic copy or
`image of a document which, pursuant to the Court’s rules, procedures, or order,
`must be filed or served electronically (“Source Code Document”), either (1) the
`entire Source Code Document will be stamped and treated as RESTRICTED
`CONFIDENTIAL SOURCE CODE or (2) those pages containing quoted Source
`Code Material will be separately stamped and treated as RESTRICTED
`CONFIDENTIAL SOURCE CODE;
`
`Except as set forth in this paragraph, no electronic copies or images of Source Code
`Material shall be made without prior written consent of the producing Party. The
`receiving Party may create an electronic copy or image of limited excerpts of
`Source Code Material only to the extent necessary to create Source Code
`Documents or any drafts of these documents except as necessary to create
`documents which, pursuant to the Court’s rules, procedures, and order, must be
`
`(e)
`
`(f)
`
`(g)
`
`
`8 For the purposes of this paragraph, an outside consultant or expert does not include the outside
`consultant’s or expert’s direct reports and other support personnel.
`
`
`9
`
`
`

`

`
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`filed or served electronically.9 The receiving Party shall only include such excerpts
`as are reasonably necessary for the purposes for which such part of the Source
`Code Material is used. Images or copies of Source Code Material shall not be
`included in correspondence between the parties (references to production numbers
`shall be used instead) and shall be omitted from pleadings and other papers except
`to the extent permitted herein. The receiving Party may create an electronic image
`of a selected portion of the Source Code Material only when the electronic file
`containing such image has been encrypted using commercially reasonable
`encryption software including password protection. The communication and/or
`disclosure of electronic files containing any portion of Source Code Material shall
`at all times be limited to individuals who are authorized to see Source Code
`Material under the provisions of this Protective Order. Additionally, all electronic
`copies must be labeled "RESTRICTED CONFIDENTIAL SOURCE CODE." If
`Source Code Documents are filed with the Court, they must be filed under seal in
`accordance with the Court’s rules, procedures and orders.
`
`(h) No person shall copy, e-mail, transmit, upload, download, print, photograph or
`otherwise duplicate
`any portion of
`the designated
`“RESTRICTED
`CONFIDENTIAL SOURCE CODE” material, except that the Receiving Party
`may request paper copies (“Source Code Printouts”) of limited portions of the
`Source Code Material, but only if and to the extent reasonably necessary for the
`preparation of court filings, pleadings, expert reports, or other papers, or for
`deposition or trial. The Receiving Party may print no more than 25 consecutive
`pages, or an aggregate total of more than 500 pages, of source code during the
`duration of the case without prior written approval by the producing Party, with
`such approval not to be unreasonably withheld. The receiving Party shall not
`request paper copies for the purposes of reviewing the source code other than
`electronically as set forth in paragraph (a) in the first instance. Within 5 business
`days or with reasonable notice to the requesting Party, such additional time as
`necessary due to volume requested, the Producing Party will provide the requested
`material on watermarked or colored paper bearing Bates numbers and the legend
`“RESTRICTED CONFIDENTIAL SOURCE CODE" unless objected to as
`discussed below. At the inspecting Party’s request, up to two additional sets (or
`subsets) of printed source code may be requested and provided by the producing
`Party in a timely fashion. In the event that the producing Party believes that a
`particular printing request is unreasonable or the receiving Party seeks to print
`additional pages exceeding the printing limits described above, the producing Party
`and receiving Party shall meet and confer in good faith to attempt to resolve this
`dispute without the Court’s involvement. If they cannot resolve the issue, either
`Party may seek an order from the Court of whether the Printed Source Code in
`question is reasonably necessary to any case preparation activity. Contested Source
`
`
`9 Drafts shall only include those excerpts the Receiving Party reasonably believes will be
`included in the final version.
`
`10
`
`
`

`

`
`
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`
`(i)
`
`(j)
`
`(k)
`
`Code printouts need not be produced to the requesting Party until the matter is
`resolved by the Court;
`
`If the receiving Party’s outside counsel, consultants, or experts obtain Source Code
`Printouts, the receiving Party shall ensure that such outside counsel, consultants,
`or experts keep the Source Code Printouts under their direct control in a secured
`locked area in the offices of such outside counsel, consultants, or expert. The
`receiving Party may also temporarily keep the Source Code Printouts at: (i) the
`Court for any proceedings(s) relating to the Source Code Material, for the dates
`associated with the proceeding(s); (ii) the sites where any deposition(s) relating to
`the Source Code Material are taken, for the dates associated with the deposition(s);
`and (iii) any intermediate location reasonably necessary to transport the Source
`Code Printouts to a Court proceeding or deposition, provided that the printouts are
`kept in a secure manner that ensures access is limited to the persons authorized
`under this Order;
`
`A producing Party’s Source Code Material may only be transported by the
`receiving Party at the direction of a person authorized under paragraph 10(e) above
`to another person authorized under paragraph 10(e) above on paper via hand carry.
`Source Code Material may not be transported or transmitted electronically over a
`network of any kind, including a LAN, an intranet, or the Internet. Source Code
`Material may only be transported electronically as is reasonably necessary for
`filing any Source Code Material with the Court or serving such Source Code
`Material on another Party;
`
`The receiving Party’s outside counsel and/or expert shall be entitled to take notes
`relating to the source code but may not copy any portion of the source code into
`the notes with the exception of directory paths, file paths, names and line numbers,
`as necessary to identify the requested portions for printing to the producing Party.
`No copies of all or any portion of the source code may leave the room in which the
`source code is inspected except as otherwise provided herein. Further, no other
`written or electronic record of the source code is permitted except as otherwise
`provided herein. No notes shall be made or stored on the inspection computer, or
`left behind at the site where the inspection computer is made available, and any
`such notes shall be deleted or destroyed by the producing Party, without reviewing
`the substance of the notes, upon discovery. Notwithstanding the foregoing, any
`such notes shall be stamped and treated as “RESTRICTED CONFIDENTIAL
`SOURCE CODE.” A log of such notes need not be produced to any other party
`absent Court Order (e.g. potentially in connection with a Protective Order violation
`motion);
`
`(l)
`
`A list of names of persons who will review Source Code Material on the stand-
`alone computer(s) will be provided to the producing Party in conjunction with any
`written (including email) notice requesting inspection. Prior to the first inspection
`of any Source Code Material on the stand-alone computer(s), the receiving Party
`shall provide five (5) business days’ notice to schedule the initial inspection with
`the producing Party. The receiving Party shall provide three (3) business days’
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`notice in advance of scheduling any additional inspections. Such notice shall
`include the names and titles for every individual from the receiving Party who will
`attend the inspection. The producing Party may maintain a daily log of the names
`of persons who enter the locked room to view the source code and when they enter
`and depart;
`
`The receiving Party shall maintain a log of all electronic images and paper copies
`of Source Code in its possession or in the possession of retained experts or
`consultants, including the names of the recipients and reviewers of any electronic
`or paper copies and the locations where the copies are stored. Additionally, all
`electronic copies must be labeled “RESTRICTED CONFIDENTIAL SOURCE
`CODE”;
`
`All paper copies shall be securely destroyed if they are no longer necessary in the
`Litigation. Copies of Source Code Printouts that are marked as deposition exhibits
`shall not be provided to the Court Reporter or attached to deposition transcripts;
`rather, the deposition record will identify the exhibit by its production numbers.
`
`(m)
`
`(n)
`
`11.
`
`Absent written consent from the designating Party, any person associated or affiliated
`
`with a Party and permitted to receive said Party’s Protected Material that is designated
`
`RESTRICTED - ATTORNEYS’ EYES ONLY and/or RESTRICTED CONFIDENTIAL
`
`SOURCE CODE (collectively “HIGHLY SENSITIVE MATERIAL”), who obtains,
`
`receives, has access to, or otherwise learns, in whole or in part, said Party’s HIGHLY
`
`SENSITIVE MATERIAL under this Order shall not: (i) prepare, prosecute, supervise, or
`
`assist in the preparation or prosecution of any patent application before any foreign or
`
`domestic agency, including the United States Patent and Trademark Office pertaining to
`
`the field of invention of the patents-in-suit on behalf of the receiving Party or its acquirer,
`
`successor, predecessor, or Affiliate during the pendency of this Action and for two years
`
`after its conclusion, including any appeals except with respect to the acquisition,
`
`licensing, or any other transaction involving the patents-in-suit and/or all patents and
`
`patent applications related thereto. Nothing in this Order shall prohibit the acquisition or
`
`patents or patent applications for any entity other than a party. The prohibitions in this
`
`Paragraph are not intended to and shall not preclude counsel who obtains, receives, or
`
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`otherwise learns of, in whole or in part, the other Party’s HIGHLY SENSITIVE
`
`MATERIAL of a technical nature from participating directly or indirectly10 in
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`reexamination, inter partes review, interference proceedings, or covered business method
`
`review proceedings, provided that any attorney who obtains, receives, or otherwise
`
`learns, in whole or in part, the other Party’s HIGHLY SENSITIVE MATERIAL of a
`
`technical nature produced by another Party may not, directly or indirectly, advise,
`
`consult, or participate in the drafting of amended or substitute claims in the proceeding,
`
`and will not use any of the producing Party’s Protected Material in the proceeding. To
`
`ensure compliance with th