Case 2:22-cv-00486-JRG Document 62 Filed 08/11/23 Page 1 of 16 PageID #: 759
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`NORTHSTAR SYSTEMS LLC,
`
`Plaintiff,
`
`v.
`
`Case No. 2:22-cv-00486-JRG
`(Lead Case)
`
`VOLKSWAGEN AG,
`
`JURY TRIAL DEMANDED
`
`Defendant.
`
`NORTHSTAR SYSTEMS LLC,
`
`Plaintiff,
`
`v.
`
`Case No. 2:22-cv-00496-JRG
`(Member Case)
`
`BAYERISCHE MOTOREN WERKE AG,
`
`JURY TRIAL DEMANDED
`
`Defendant.
`
`PROTECTIVE ORDER
`
`WHEREAS, Plaintiff NorthStar Systems LLC and Defendants Volkswagen AG and
`
`Bayerische Motoren Werke AG, hereafter referred to as “the Parties,” believe that certain
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`information that is or will be encompassed by discovery demands by the Parties involves the
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`production or disclosure of trade secrets, confidential business information, or other proprietary
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`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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`1.
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`Each Party may designate as confidential for protection under this Order, in whole or in part,
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`2
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`

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`Case 2:22-cv-00486-JRG Document 62 Filed 08/11/23 Page 2 of 16 PageID #: 760
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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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`designated by the Party producing it by affixing a legend or stamp on such document,
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`information or material as follows: “CONFIDENTIAL.” The word “CONFIDENTIAL”
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`shall be placed clearly on each page of the Protected Material (except deposition and hearing
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`transcripts) for which such protection is sought. For deposition and hearing transcripts, the
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`word “CONFIDENTIAL” shall be placed on the cover page of the transcript (if not already
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`present on the cover page of the transcript when received from the court reporter) by each
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`attorney receiving a copy of the transcript after that attorney receives notice of the
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`designation of some or all of that transcript as “CONFIDENTIAL.”
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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 with the designation “Confidential” or “Confidential - Outside Attorneys’ Eyes Only”
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`shall receive the same treatment as if designated “RESTRICTED – OUTSIDE
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`ATTORNEYS’ EYES ONLY” under this Order, unless and until such document is
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`redesignated to have a different classification under this Order.
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`3.
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`With respect to documents, information or material designated “CONFIDENTIAL,”
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`“RESTRICTED – OUTSIDE ATTORNEYS’ EYES ONLY,” or “RESTRICTED
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`CONFIDENTIAL SOURCE CODE” (“DESIGNATED MATERIAL”),1 subject to the
`
`
`1 The term DESIGNATED MATERIAL is used throughout this Protective Order to refer to the
`class of materials designated as “CONFIDENTIAL,” “RESTRICTED – OUTSIDE
`ATTORNEYS’ EYES ONLY,” or “RESTRICTED CONFIDENTIAL SOURCE CODE,” both
`individually and collectively.
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`3
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`

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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., “CONFIDENTIAL,” “RESTRICTED –
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`OUTSIDE ATTORNEYS’ EYES ONLY,” or “RESTRICTED CONFIDENTIAL
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`SOURCE CODE”) may be made at any time. Inadvertent or unintentional production of
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`documents, information or material that has not been designated as DESIGNATED
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`MATERIAL shall not be deemed a waiver in whole or in part of a claim for confidential
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`treatment. Any party that inadvertently or unintentionally produces Protected Material
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`without designating it as DESIGNATED MATERIAL may request destruction of that
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`Protected Material by notifying the recipient(s), as soon as reasonably possible after the
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`producing Party becomes aware of the inadvertent or unintentional disclosure and
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`providing replacement Protected Material that is properly designated. The recipient(s) shall
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`then destroy all copies of the inadvertently or unintentionally produced Protected Materials
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`and any documents, information or material derived from or based thereon.
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`5.
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`“CONFIDENTIAL” documents, information and material may be disclosed only to the
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`following persons, except upon receipt of the prior written consent of the designating party,
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`upon order of the Court, or as set forth in paragraph 12 herein:
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`4
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`Case 2:22-cv-00486-JRG Document 62 Filed 08/11/23 Page 4 of 16 PageID #: 762
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`(a)
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`(b)
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`(c)
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`(d)
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`outside counsel of record in this Action for the Parties;
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`employees of such o u t s i d e 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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`outside consultants or experts (i.e., not existing employees or affiliates of a Party or
`an affiliate of a Party) retained for the purpose of this litigation, provided that:
`(1) such consultants or experts are not presently employed by the Parties hereto for
`purposes other than this Action; (2) before access is given, the consultant or expert
`has completed the Undertaking attached as Exhibit 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 proving the need for a protective order.
`No disclosure shall occur until all such objections are resolved by agreement or
`Court order;
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`(e)
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`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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`(f)
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`the Court and its personnel.
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`6.
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`A Party shall designate documents, information, or material as “CONFIDENTIAL” only
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`upon a good faith belief that the documents, information or material contains confidential
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`or proprietary information or trade secrets of the Party or a Third Party to whom the Party
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`reasonably believes it owes an obligation of confidentiality with respect to such documents,
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`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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`5
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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 as
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`DESIGNATED MATERIALS and subject to all of the terms and conditions of this Order.
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`8.
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`To the extent a producing Party believes that certain Protected Material qualifying to be
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`designated CONFIDENTIAL is so sensitive that its dissemination deserves even further
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`limitation, the producing Party may designate such Protected Material “RESTRICTED –
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`OUTSIDE ATTORNEYS’ EYES ONLY,” or to the extent such Protected Material includes
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`computer source code and/or live data (that is, data as it exists residing in a database or
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`databases) (“Source Code Material”), the producing Party may designate such Protected
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`Material as “RESTRICTED CONFIDENTIAL SOURCE CODE.”
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`9.
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`For Protected Material designated RESTRICTED – OUTSIDE ATTORNEYS’ EYES
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`ONLY, access to, and disclosure of, such Protected Material shall be limited to individuals
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`listed in paragraphs 5(a-b) and (d-f).
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`10.
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`For Protected Material designated RESTRICTED CONFIDENTIAL SOURCE CODE,
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`the following additional restrictions apply:
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`(a)
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`Access to a Party’s Source Code Material shall be provided only on “stand-alone”
`computer(s) (“Stand-Alone Computer” is herein defined as “a computer that is not
`linked to any network, including a local area network (“LAN”), an intranet or the
`Internet, and for which any link to any network is prohibited while the computer
`contains or has access to RESTRICTED CONFIDENTIAL SOURCE CODE”).
`The Stand-Alone Computer(s) may be connected to (i) a printer, or (ii) a device
`capable of temporarily storing electronic copies solely for the limited purposes
`permitted pursuant to paragraphs 10 (h and k) below. Additionally, except as
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`6
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`(b)
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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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`provided in paragraph 10(k) below, the Stand-Alone Computer(s) may only be
`located at the offices of the producing Party’s outside counsel;
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`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;
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`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);
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`The producing Party will produce Source Code Material in computer searchable
`format on the Stand-Alone Computer(s) as described above;
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`Access to Protected Material designated RESTRICTED CONFIDENTIAL -
`SOURCE CODE shall be limited to outside counsel and up to three (3) outside
`consultants or experts2 (i.e., not existing employees or affiliates of a Party or an
`affiliate of a Party) retained for the purpose of this litigation and approved to access
`such Protected Materials pursuant to paragraph 5(d) above. A receiving Party may
`include excerpts of Source Code Material in a pleading, exhibit, expert report,
`discovery document, deposition transcript, other Court document, provided that the
`Source Code Documents are appropriately marked under this Order, restricted to
`those who are entitled to have access to them as specified herein, and, if filed with
`the Court, filed under seal in accordance with the Court’s rules, procedures and
`orders;
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`To the extent portions of Source Code Material are quoted in a Source Code
`Document, either (1) the entire Source Code Document will be stamped and treated
`as RESTRICTED CONFIDENTIAL SOURCE CODE or (2) those pages containing
`quoted Source Code Material will be separately stamped and treated as
`RESTRICTED CONFIDENTIAL SOURCE CODE;
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`Except as set forth in paragraph 10(m) below, no electronic copies of Source Code
`Material shall be made without prior written consent of the producing Party, except
`as necessary to create documents which, pursuant to the Court’s rules, procedures,
`
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`2 For the purposes of this paragraph, an outside consultant or expert is defined to include the outside
`consultant’s or expert’s direct reports and other support personnel, such that the disclosure to a
`consultant or expert who employs others within his or her firm to help in his or her analysis shall
`count as a disclosure to a single consultant or expert.
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`7
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`Case 2:22-cv-00486-JRG Document 62 Filed 08/11/23 Page 7 of 16 PageID #: 765
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`(h)
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`(i)
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`(j)
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`(k)
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`(l)
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`(m)
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`(n)
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`and order, must be filed or served electronically;
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`The receiving Party shall be permitted to make a three (3) copies of printouts and
`photocopies of Source Code Material, all of which shall be designated and clearly
`labeled “RESTRICTED CONFIDENTIAL SOURCE CODE,” and the receiving
`Party shall maintain a log of all such files that are printed or photocopied.
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`The receiving Party’s request for printouts cannot exceed 300 pages total and no
`more than 30 consecutive pages. Any printout request that violates this limit is
`presumptively objectionable, but the receiving Party may seek additional printed
`pages for good cause;
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`Outside counsel and outside consultants or experts of a receiving Party may take
`notes during any Source Code inspection. Any such notes may be taken by hand
`or on a notetaking computer that is not linked to any network. However, this does
`not permit the receiving Party to copy the source code down by hand as part of its
`notes, and should the producing Party have a good faith basis to believe that the
`receiving Party is doing so, the producing Party will be able to review the receiving
`Party’s notes.
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`The receiving Party is permitted to print notes from the notetaking computer at the
`end of each day or request that such notes be permitted to be copied onto a USB
`device. For the avoidance of doubt, notes taken by outside counsel and outside
`consultants, or experts of a receiving Party are protected work product and remain
`work product even if saved on the notetaking computer. Except for the instance
`described in section 10(j), the producing Party is not permitted to review the notes
`of outside counsel or outside consultants of a receiving Party;
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`At the completion of the receiving Party’s review, the producing Party will Bates
`number and provide any printed paper copies to the receiving Party within five (5)
`business days of the receiving Party’s request, unless otherwise agreed or the
`producing Party objects to the request.
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`Should such printouts or photocopies be transferred back to electronic media, such
`media shall be labeled “RESTRICTED CONFIDENTIAL SOURCE CODE” and
`shall continue to be treated as such. Only a total of three such copies (consisting of
`any electronic media copies, printouts, or photocopies) can exist in any form at any
`time;
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`If the receiving Party’s outside counsel, consultants, or experts obtain printouts or
`photocopies of Source Code Material, the receiving Party shall ensure that such
`outside counsel, consultants, or experts keep the printouts or photocopies in a
`separately secured locked area reserved for the Source Code Material, within the
`locked offices of such outside counsel, consultants, or expert. The receiving Party
`may also temporarily keep the printouts or photocopies in a separately secured
`container 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
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`8
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`deposition(s) relating to the Source Code Material are taken, for the dates
`associated with the deposition(s); and (iii) any intermediate location reasonably
`necessary to transport the printouts or photocopies (e.g., a hotel prior to a Court
`proceeding or deposition); and
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`(o)
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`A producing Party’s Source Code Material may only be transported by the receiving
`Party at the direction of a person authorized under paragraph 10(e) above to another
`person authorized under paragraph 10(e) above, on paper or removable electronic
`media (e.g., a DVD, CD-ROM, or flash memory “stick”) via hand carry, Federal
`Express or other similarly reliable courier. 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 for the purpose of Court proceeding(s) or deposition(s) as set forth in
`paragraph 10(n) above and is at all times subject to the transport restrictions set forth
`herein. The Source Code Materials shall only be loaded onto a Stand-Alone
`Computer for transport for Court proceeding(s) or deposition(s) as set forth in
`paragraph 10(n) above.
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`11.
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`Any attorney representing a Party and any person associated with a Party and permitted
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`to receive the other Party’s Protected Material, as permitted with respect to the designations
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`and restrictions set forth in paragraphs 8 and 9 above, that is designated RESTRICTED –
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`OUTSIDE ATTORNEYS’ EYES ONLY and/or RESTRICTED CONFIDENTIAL
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`SOURCE CODE (collectively “HIGHLY SENSITIVE MATERIAL”), who obtains,
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`receives, has access to, or otherwise learns, in whole or in part, the other Party’s HIGHLY
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`SENSITIVE MATERIAL under this Order shall not prepare, prosecute, supervise, or assist
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`in the preparation or prosecution of any patent application pertaining to the field of the
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`invention of the patents-in-suit on behalf of the receiving Party or its acquirer, successor,
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`predecessor, or other affiliate during the pendency of this Action and for two years after its
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`conclusion, including any appeals. The prohibitions in this Paragraph are not intended to
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`and shall not preclude counsel who obtains, receives, or otherwise learns of, in whole or in
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`part, the other Party’s HIGHLY SENSITIVE MATERIAL of a technical nature from
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`9
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`participating directly or indirectly3 in reexamination, inter partes review, interference
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`proceedings, or covered business method review proceedings, provided that any attorney
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`who obtains, receives, or otherwise learns, in whole or in part, the other Party’s HIGHLY
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`SENSITIVE MATERIAL of a technical nature produced by another Party may not, directly
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`or indirectly, advise, consult, or participate in the drafting of amended or substitute claims
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`in the proceeding, and will not use any of the producing Party’s Protected Material in the
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`proceeding. To ensure compliance with the purpose of this provision, each Party shall
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`create an “Ethical Wall” between those persons with access to HIGHLY SENSITIVE
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`MATERIAL of a technical nature 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
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`in the preparation or prosecution of any patent application pertaining to the field of
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`invention of the patents-in- suit. The provision shall not bar entire firms, rather only the
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`individuals who actually receive and review a Party’s HIGHLY SENSITIVE MATERIAL.
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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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`3 “Indirectly” in this provision includes support staff and attorneys who are not counsel of record,
`but are supporting or working with the counsel of record in the relevant proceedings. For sake of
`clarity, all attorneys of any Party may participate, supervise, and assist in any and all IPR
`proceedings related to the patents-in-suit, even if they have received and/or reviewed the other
`HIGHLY SENSITIVE MATERIAL, provided that they do not participate in or assist or provide
`guidance on any claim drafting or amendment of claims in such IPR proceedings.
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`10
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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
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`under the attorney-client privilege, work product doctrine, or other privilege, doctrine, or
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`immunity may obtain the return of such documents, information, or other material by
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`promptly 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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`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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`11
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`a company affiliated with the producing Party; (v) counsel for a Party, including outside
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`counsel and in-house counsel (subject to paragraph 9 of this Order); (vi) an independent
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`contractor, consultant, and/or expert retained for the purpose of this litigation; (vii) court
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`reporters and videographers; (viii) the Court; or (ix) other persons entitled hereunder to
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`access to DESIGNATED MATERIAL. DESIGNATED MATERIAL shall not be disclosed
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`to any other persons unless prior authorization is obtained from counsel representing the
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`producing Party or from the Court.
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`15.
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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,” “RESTRICTED – OUTSIDE ATTORNEY’ EYES
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`ONLY,” or “RESTRICTED CONFIDENTIAL SOURCE CODE” pursuant to this Order.
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`Access to the deposition or hearing transcript so designated shall be limited in accordance
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`with the terms of this Order. Until expiration of the 30-day period, the entire deposition
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`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
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`to the labeling requirements set forth in this Order. If a pretrial pleading filed with the
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`Court, or an exhibit thereto, discloses or relies on confidential documents, information or
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`material, such confidential portions shall be redacted to the extent necessary and the
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`pleading or 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
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`not agree to redesignation within ten (10) days of receipt of the written request, the
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`requesting Party may apply to the Court for relief. Upon any such application to the Court,
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`the burden shall be on the designating Party to show why its classification is proper. Such
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`application shall be treated procedurally as a motion to compel pursuant to Federal Rules
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`of Civil Procedure 37, subject to the Rule’s provisions relating to sanctions. In making
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`such application, the requirements of the Federal Rules of Civil Procedure and the Local
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`Rules of the Court shall be met. Pending the Court’s determination of the application, the
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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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`Case 2:22-cv-00486-JRG Document 62 Filed 08/11/23 Page 13 of 16 PageID #: 771
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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 “RESTRICTED CONFIDENTIAL SOURCE CODE,” “CONFIDENTIAL,”
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`or “RESTRICTED – OUTSIDE ATTORNEYS’ EYES ONLY” any documents,
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`information, or other material, in whole or in part, produced or given by such Third Parties.
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`The Third Parties shall have ten (10) days after production of such documents, information,
`
`or other materials to make such a designation. Until that time period lapses or until such
`
`a designation has been made, whichever occurs sooner, all documents, information or other
`
`material so produced or given shall be treated as “CONFIDENTIAL” in accordance with
`
`this Order.
`
`22. Within thirty (30) days of final termination of this Action, including any appeals, all
`
`DESIGNATED MATERIAL, including all copies, duplicates, abstracts, indexes, summaries,
`
`descriptions, and excerpts or extracts thereof (excluding excerpts or extracts incorporated
`
`into any privileged memoranda of the Parties and materials which have been admitted into
`
`evidence in this Action), shall at the producing Party’s election either be returned to the
`
`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.
`
`23.
`
`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
`
`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
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`thereof, all such objections being hereby preserved.
`
`14
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`

`

`
`Case 2:22-cv-00486-JRG Document 62 Filed 08/11/23 Page 14 of 16 PageID #: 772
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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
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`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
`
`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.
`
`25.
`
`Production of DESIGNATED MATERIAL by each of the Parties shall not be deemed a
`
`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
`
`confidential nature of the documents, information or other material or its contents.
`
`26.
`
`Nothing in this Order shall be construed to affect an abrogation, waiver, or limitation of any
`
`kind on the rights of each of the Parties to assert any applicable discovery or trial privilege.
`
`27.
`
`Each of the Parties shall also retain the right to file a motion with the Court (a) to modify this
`
`Order to allow disclosure of DESIGNATED MATERIAL to additional persons or entities
`
`if reasonably necessary to prepare and present this Action and (b) to apply for additional
`
`protection of DESIGNATED MATERIAL.
`
`15
`
`.
`
`____________________________________
`RODNEY GILSTRAP
`UNITED STATES DISTRICT JUDGE
`
`So ORDERED and SIGNED this 11th day of August, 2023.
`
`

`

`Case 2:22-cv-00486-JRG Document 62 Filed 08/11/23 Page 15 of 16 PageID #: 773
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`NORTHSTAR SYSTEMS LLC,
`
`
`Plaintiff,
`
`
`
`v.
`
`VOLKSWAGEN AG,
`
`
`Defendant.
`
`
`
`NORTHSTAR SYSTEMS LLC,
`
`
`Plaintiff,
`
`
`
`v.
`
`BAYERISCHE MOTOREN WERKE AG,
`
`
`Defendant.
`
`
`
`
`
`
`
`
`Case No. 2:22-cv-00486-JRG-RSP
`(Lead Case)
`
`JURY TRIAL DEMANDED
`
`
`
`
`
`Case No. 2:22-cv-00496-JRG-RSP
`(Member Case)
`
`JURY TRIAL DEMANDED
`
`APPENDIX A
`UNDERTAKING OF EXPERTS OR CONSULTANTS REGARDING
`PROTECTIVE ORDER
`
`I, ___________________________________________, declare that:
`
`
`1.
`
`My address is _________________________________________________________.
`
`My current employer is _________________________________________________.
`
`My current occupation is ________________________________________________.
`
`2.
`
`I have received a copy of the Protective Order in this action. I have carefully read and
`
`understand the provisions of the Protective Order.
`
`3.
`
`I will comply with all of the provisions of the Protective Order. I will hold in confidence,
`
`will not disclose to anyone not qualified under the Protective Order, and will use only for
`
`
`
`

`

`Case 2:22-cv-00486-JRG Document 62 Fi