Case 2:23-cv-00083-RWS-RSP Document 35-1 Filed 10/06/23 Page 1 of 21 PageID #: 198
`Case 2:23-cv-00083-RWS-RSP Document 35-1 Filed 10/06/23 Page 1 of 21 PagelD #: 198
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`EXHIBIT A
`EXHIBIT A
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`

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`Case 2:23-cv-00083-RWS-RSP Document 35-1 Filed 10/06/23 Page 2 of 21 PageID #: 199
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`
`
`
`Case No. 2:23-cv-00083-RWS-RSP
`
`JURY TRIAL DEMANDED
`
`
`SLYDE ANALYTICS LLC,
`
`
`Plaintiff,
`
`
`
`v.
`
`SAMSUNG ELECTRONICS CO., LTD. and
`SAMSUNG ELECTRONICS AMERICA,
`INC.,
`
`
`Defendants.
`
`
`
`PROTECTIVE ORDER
`
`WHEREAS, Plaintiff Slyde Analytics LLC and Defendants Samsung Electronics Co., Ltd.
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`and Samsung Electronics America, Inc., 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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`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”). To the extent feasible,
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`2
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`

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`Protected Material shall be designated by the Party producing it by affixing a legend or
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`stamp on such document, information or material as follows: “CONFIDENTIAL.” The
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`word “CONFIDENTIAL” shall be placed clearly on each page of the Protected Material
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`(except native files, deposition and hearing transcripts) for which such protection is sought.
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`For native files, the word “CONFIDENTIAL” shall be included in the file name of the
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`designated native files or in the slip sheet associated with the native file in the party’s
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`production. For deposition and hearing transcripts, the word “CONFIDENTIAL” shall be
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`placed on the cover page of the transcript (if not already present on the cover page of the
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`transcript when received from the court reporter) by each attorney receiving a copy of
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`the transcript after that attorney receives notice of the designation of some or all of
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`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 - ATTORNEYS’ EYES
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`ONLY” or similar under this Order, unless and until such document is redesignated to have
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`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 - ATTORNEYS’ EYES ONLY,” or “RESTRICTED CONFIDENTIAL
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`SOURCE CODE” (“DESIGNATED MATERIAL”),1 subject to the provisions herein and
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`unless otherwise stated, this Order governs, without limitation: (a) all documents,
`
`
`1 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.
`
`3
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`

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`electronically stored information, and/or things as defined by the Federal Rules of Civil
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`Procedure; (b) all pretrial, hearing or deposition testimony, or documents marked as exhibits
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`or for identification in depositions and hearings; (c) pretrial pleadings, exhibits to pleadings
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`and other court filings; (d) affidavits; and (e) stipulations. All copies, reproductions,
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`extracts, digests and complete or partial summaries prepared from any DESIGNATED
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`MATERIALS shall also be considered DESIGNATED MATERIAL and treated as such
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`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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`ATTORNEYS’ EYES ONLY,” or “RESTRICTED CONFIDENTIAL SOURCE CODE”)
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`may be made at any time. Inadvertent or unintentional production of documents,
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`information or material that has not been designated as DESIGNATED MATERIAL shall
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`not be deemed a waiver in whole or in part of a claim for confidential treatment. Any party
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`that inadvertently or unintentionally produces Protected Material without designating it as
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`DESIGNATED MATERIAL may request destruction of that Protected Material by notifying
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`the recipient(s), as soon as reasonably possible after the producing Party becomes aware of
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`the inadvertent or unintentional disclosure and providing replacement Protected Material
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`that is properly designated. The recipient(s) shall then destroy all copies of the inadvertently
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`or unintentionally produced Protected Materials and any documents, information or material
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`derived from or based thereon.
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`5.
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`“CONFIDENTIAL” 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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`(a)
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`outside counsel of record in this Action for the Parties;
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`4
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`

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`Case 2:23-cv-00083-RWS-RSP Document 35-1 Filed 10/06/23 Page 5 of 21 PageID #: 202
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`(b)
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`(c)
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`(d)
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`(e)
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`employees of such counsel assigned to and reasonably necessary to assist such
`counsel in the litigation of this Action;
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`in-house counsel for each of the Parties who either have responsibility for making
`decisions dealing directly with the litigation of this Action, or who are assisting
`outside counsel in the litigation of this Action;
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`up to and including three (3) designated representatives of each of the Parties who
`are officers or employees of the receiving Party, to whom disclosure is reasonably
`necessary for the litigation of this Action, provided that any such person has agreed
`to be bound by the terms of this Order by signing the agreement attached hereto as
`Appendix A, which shall be provided to the producing Party before disclosure of
`Protected Material to the designated representative. Either Party may in good faith
`request
`the other Party’s consent
`to designate one or more additional
`representatives, the other Party shall not unreasonably withhold such consent, and
`the requesting Party may seek leave of Court to designate such additional
`representative(s) if the requesting Party believes the other Party has unreasonably
`withheld such consent;
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`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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`(f)
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`independent litigation support services, including persons working for or as court
`reporters, stenographers, videographers, translators, 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;
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`(g)
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`the Court and its personnel;
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`(h) mock jurors who have signed an undertaking or agreement agreeing not to publicly
`disclose Protected Material and to keep any information concerning Protected
`Material confidential; and
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`5
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`

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`Case 2:23-cv-00083-RWS-RSP Document 35-1 Filed 10/06/23 Page 6 of 21 PageID #: 203
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`(i)
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`any mediator who is assigned to hear this matter, and his or her staff, subject to
`their agreement to maintain confidentiality to the same degree as required by this
`Order.
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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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`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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`ATTORNEYS’ EYES ONLY,” or to the extent such Protected Material includes computer
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`source code and/or live data (that is, data as it exists residing in a database or databases)
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`(“Source Code Material”), the producing Party may designate such Protected Material as
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`“RESTRICTED CONFIDENTIAL SOURCE CODE.” For the avoidance of doubt,
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`“source code” includes computer code, scripts, assembly, binaries, object code, source
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`6
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`

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`code listings and descriptions of source code, object code listings and descriptions of object
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`code, and Hardware Description Language (HDL) or Register Transfer Level (RTL) files
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`that describe the hardware design of any ASIC or other chip, and/or live data (that is, data
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`as it exists residing in a database or databases).
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`9.
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`For Protected Material designated RESTRICTED -- ATTORNEYS’ EYES ONLY, access
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`to, and disclosure of, such Protected Material shall be limited to individuals listed in
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`paragraphs 5(a-b) and (e-i).
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`10.
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`For Protected Material designated RESTRICTED CONFIDENTIAL SOURCE CODE, the
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`following additional restrictions apply:
`
`(a)
`
`(b)
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`A receiving Party’s access to a producing Party’s Source Code Material shall be
`provided only on one “stand-alone” computer (that is, the computer may not be
`linked to any network, including a local area network (“LAN”), an intranet or the
`Internet) that is password protected and maintained in a secure area (Source Code
`Computer). Alternatively, solely at the option of the producing Party, the producing
`Party may make such Source Code Material available on Source Code Computers
`that are networked in a configuration deemed secure by the producing Party.
`Additionally, except as provided in paragraph 10(n) below, the Source Code
`Computer may only be located at the offices of the producing Party’s outside
`counsel of record. Any Source Code Material produced by Defendants, will be
`made available at Defendants’ counsel’s office at any of O’Melveny & Myers LLP;
`Times Square Tower, 7 Times Square New York, NY 10036.
`
`The Source Code Computer will be made available upon reasonable notice to the
`producing Party, which shall not be less than five (5) business days in advance of
`the requested inspection. Such notice shall be in writing and include a list of names
`of the persons who will inspect the Source Code Material. The receiving Party shall
`make reasonable efforts to restrict its requests for such access to the Source Code
`Computer to normal business hours, which for purposes of this paragraph shall be
`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 Source Code Computer outside of normal
`business hours. The producing Party shall be entitled to have a person observe all
`entrances and exits from the Source Code viewing room, and the producing Party
`may maintain a daily log of the names of persons who enter the room to view the
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`7
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`

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`Case 2:23-cv-00083-RWS-RSP Document 35-1 Filed 10/06/23 Page 8 of 21 PageID #: 205
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`Source Code Material and when they enter and depart. 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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`No recordable media or recordable devices, including without limitation sound
`recorders, computers, cell phones, peripheral equipment, cameras, CDs, DVDs, or
`drives of any kind, shall be permitted into the source code review room. The
`producing Party may visually monitor the activities of the receiving Party’s
`representatives during any source code review, but only to ensure that no
`unauthorized electronic records of the source code are being created or transmitted
`in any way. 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. The
`receiving Party will not copy, remove, or otherwise transfer any source code from
`the source code computer including, without limitation, copying, removing, or
`transferring the source code onto any recordable media or recordable device. The
`receiving Party’s outside counsel and/or experts shall be entitled to take notes
`relating to the source code but may not copy 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. Any such
`notes may be taken by hand or on a notetaking computer that is not linked to any
`network and has network access disabled when in the source code review room.
`For the avoidance of doubt, notes taken by outside counsel, outside consultants, or
`experts of a receiving Party are protected work product and remain work product of
`the receiving Party even if saved on the notetaking computer, unless shared with the
`producing Party for purposes of requesting portions for printing. The producing Party is
`not otherwise permitted to review the notes of outside counsel or outside consultants
`of a receiving Party. Notwithstanding the foregoing, any such notes shall be treated
`as source code and stamped as “RESTRICTED CONFIDENTIAL SOURCE
`CODE.” For the avoidance of doubt and notwithstanding the provisions of
`paragraph 22, any notes marked as containing “RESTRICTED CONFIDENTIAL
`SOURCE CODE” shall be destroyed within 60 days of final termination of this
`Action. Proper identification of all authorized persons shall be provided prior to
`any access to the secure room or the computer containing source code. Access to
`the secure room or the source code computer may be denied, at the discretion of
`the supplier, to any individual who fails to provide proper identification.
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`The producing Party shall provide the receiving Party with information explaining
`how to start, log on to, and operate the Source Code Computer in order to access
`the produced Source Code Material on the Source Code Computer;
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`The producing Party will produce Source Code Material in computer searchable
`format on the Source Code Computer as described above;
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`8
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`(c)
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`(d)
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`

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`Case 2:23-cv-00083-RWS-RSP Document 35-1 Filed 10/06/23 Page 9 of 21 PageID #: 206
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`(e)
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`
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`(f)
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`(g)
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`(h)
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`A receiving Party’s access to Protected Material designated RESTRICTED
`CONFIDENTIAL SOURCE CODE shall be limited to the receiving Party’s 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(e) above.
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`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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`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 its retained consultants,
`including the names of the recipients and reviewers of any electronic or paper
`copies and the locations where the copies are stored. Court reporters and/or
`videographers shall not retain or be given copies of any portions of the Source Code
`Material. If used during a deposition, the deposition record will identify the exhibit
`by its production numbers. Persons authorized to view Source Code pursuant to
`this sub-paragraph shall not retain or be given copies of the Source Code except
`while so testifying;
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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(n) 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
`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.
`
`
`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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`9
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`

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`Case 2:23-cv-00083-RWS-RSP Document 35-1 Filed 10/06/23 Page 10 of 21 PageID #: 207
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`(i)
`
`
`(j)
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`
`(k)
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`(l)
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`(m)
`
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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. 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. The producing Party is not permitted to
`review the notes of outside counsel or outside consultants of a receiving Party.
`
`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;
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`Except as provided in this sub-paragraph and as necessary pursuant to the Court’s
`rules, procedures, and orders in connection with documents or filings that must be
`filed or served electronically, the receiving Party may not create electronic images
`or make electronic copies of the Source Code from any paper copy of Source Code
`for use in any manner absent express written permission from the producing Party.
`Images or copies of Source Code (excluding file names, file paths, and directory
`names) 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 whenever possible. If a receiving Party reasonably believes that it
`needs to submit a portion of Source Code as part of a filing with the Court (i) such
`filing must be made under seal in accordance with the Court’s rules, procedures
`and orders; and (ii) the receiving Party may create electronic images or copies only
`as necessary to submit the Source Code as part of the Court filing, and shall store
`said images or copies in accordance with this Protective Order’s provisions for
`storage of Source Code..
`
`If the receiving Party’s outside counsel, consultants, or experts obtain printouts or
`photocopies of Source Code Material, the receiving Party shall ensure that such
`outside counsel, consultants, or experts keep the printouts or photocopies in a
`secured locked area in the offices of such outside counsel, consultants, or expert.
`The receiving Party may also temporarily keep the printouts or photocopies at:
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`10
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`

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`Case 2:23-cv-00083-RWS-RSP Document 35-1 Filed 10/06/23 Page 11 of 21 PageID #: 208
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`11.
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`(n)
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`(i) the Court for any proceedings(s) relating to the Source Code Material, for the
`dates associated with the proceeding(s); (ii) the sites where any deposition(s)
`relating to the Source Code Material are taken, for the dates associated with the
`deposition(s); and (iii) any intermediate location reasonably necessary to transport
`the printouts or photocopies (e.g., a hotel prior to a Court proceeding or deposition);
`and
`
`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), deposition(s), as set forth in
`paragraph 10(m) above and is at all times subject to the transport restrictions set
`forth herein. But, for those purposes only, the Source Code Materials may be
`loaded onto a Source Code Computer.
`
`Any attorney representing a Party, whether in-house or outside counsel, and any person
`
`associated with a Party and permitted to receive the other Party’s Protected Material that is
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`designated RESTRICTED -- ATTORNEYS’ EYES ONLY and/or RESTRICTED
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`CONFIDENTIAL SOURCE CODE (collectively “HIGHLY SENSITIVE MATERIAL”),
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`who obtains, receives, has access to, or otherwise learns, in whole or in part, the other
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`Party’s HIGHLY SENSITIVE MATERIAL under this Order shall not prepare, prosecute,
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`supervise, or assist in the preparation or prosecution of any patent application pertaining to
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`the field of the invention of the patents-in-suit on behalf of the receiving Party or its
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`acquirer, successor, predecessor, or other affiliate during the pendency of this Action and for
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`one year after its conclusion, including any appeals. The prohibitions in this Paragraph are
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`not intended to and shall not preclude counsel who obtains, receives, or otherwise learns
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`of, in whole or in part, the other Party’s HIGHLY SENSITIVE MATERIAL of a technical
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`11
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`

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`Case 2:23-cv-00083-RWS-RSP Document 35-1 Filed 10/06/23 Page 12 of 21 PageID #: 209
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`nature from participating directly or indirectly3 in reexamination, inter partes review,
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`interference proceedings, or covered business method review proceedings, provided that
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`any attorney who obtains, receives, or otherwise learns, in whole or in part, the other
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`Party’s HIGHLY SENSITIVE MATERIAL of a technical nature produced by another
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`Party may not, directly or indirectly,4 advise, consult, or participate in the drafting of
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`amended or substitute claims in the proceeding, and will not use any of the producing
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`Party’s Protected Material in the proceeding. To ensure compliance with the purpose of
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`this provision, each Party shall create an “Ethical Wall” between those persons with access
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`to HIGHLY SENSITIVE MATERIAL of a technical nature and any individuals who, on
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`behalf of the Party or its acquirer, successor, predecessor, or other affiliate, prepare,
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`prosecute, supervise or assist in the preparation or prosecution of any patent application
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`pertaining to the field of invention of the patents-in- suit. The provision shall not bar entire
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`firms, rather only the individuals who actually receive and review a Party’s HIGHLY
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`SENSITIVE MATERIAL.
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`12.
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`Nothing in this Order shall require production of documents, information, or other material
`
`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
`
`privilege, doctrine, or immunity is inadvertently or unintentionally produced, such
`
`
`3 “Indirectly” here 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.
`4 “Indirectly” here includes suggesting or proposing claim language.
`
`12
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`

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`production shall in no way prejudice or otherwise constitute a waiver of, or estoppel as to,
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`any such privilege, doctrine, or immunity. Any Party that inadvertently or unintentionally
`
`produces documents, information, or other material it reasonably believes are protected
`
`under the attorney-client privilege, work product doctrine, or other privilege, doctrine, or
`
`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
`
`by the recipient(s), which pages shall instead be destroyed and certified as such to the
`
`producing Party.
`
`13.
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`There shall be no disclosure of any DESIGNATED MATERIAL by any person authorized
`
`to have access thereto to any person who is not authorized for such access under this Order.
`
`The Parties are hereby ORDERED to safeguard all such documents, information, and
`
`material to protect against disclosure to any unauthorized persons or entities.
`
`14.
`
`A receiving party shall not produce any of the producing Party’s documents or information
`
`in any other proceeding in any tribunal without first notifying the other party in writing,
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`identifying the documents (and providing copies upon request), and waiting ten (10) days
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`for the other party to object to the extent that any contains documents or information
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`designated by the Producing Party as CONFIDENTIAL, RESTRICTED – ATTORNEYS’
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`EYES ONLY, or RESTRICTED CONFIDENTIAL SOURCE CODE information. For the
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`avoidance of doubt, this prohibition includes sealed pleadings, expert reports, discovery
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`responses, and the like.
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`13
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`Case 2:23-cv-00083-RWS-RSP Document 35-1 Filed 10/06/23 Page 14 of 21 PageID #: 211
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`15.
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`In the event of a potential breach or violation of the Protective Order by a party involving
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`the other party’s CONFIDENTIAL, RESTRICTED – ATTORNEYS’ EYES ONLY, or
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`RESTRICTED CONFIDENTIAL SOURCE CODE documents or information, the party
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`shall inform the other party immediately upon becoming aware of the potential breach and
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`use its best efforts to investigate and remediate the potential breach as soon as possible.
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`16.
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`[Defendant’s Proposal: A receiving Party (including its counsel and their staff, experts,
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`contractors, and consultants) shall not enter any information from a producing Party’s
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`“CONFIDENTIAL,”
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`“RESTRICTED
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`-- ATTORNEYS’ EYES ONLY,” or
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`“RESTRICTED CONFIDENTIAL SOURCE CODE” documents into publicly accessible
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`machine translation services like Google Translate that may result in the information
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`becoming available to unauthorized parties, provided however, that a receiving Party
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`(including its counsel and their staff, experts, contractors, and consultants) shall be
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`permitted to engage reputable translation vendors to translate information from a producing
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`Party’s “CONFIDENTIAL,” “RESTRICTED -- ATTORNEYS’ EYES ONLY,” or
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`“RESTRICTED CONFIDENTIAL SOURCE CODE” documents with the understanding
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`that such vendors may use secure machine translation tools (e.g.., offline proprietary
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`software that runs locally on the vendor’s computers or proprietary software that utilizes
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`private cloud-based technology). The receiving Party hiring such a vendor is responsible
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`for reporting any breaches or loss of the producing Party’s data by the vendor (to the extent
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`the Party hiring such vendor is aware of any breach) to the producing Party immediately
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`upon becoming aware of the breach and the receiving Party shall use reasonable efforts to
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`investigate the breach or loss of data as soon as possible. Before access to a producing
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`Party’s “CONFIDENTIAL,” “RESTRICTED -- ATTORNEYS’ EYES ONLY,” or
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`14
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`Case 2:23-cv-00083-RWS-RSP Document 35-1 Filed 10/06/23 Page 15 of 21 PageID #: 212
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`“RESTRICTED CONFIDENTIAL SOURCE CODE” documents is given to a vendor that
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`uses machine translation tools, the vendor must be advised by counsel of the terms of this
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`Protective Order (including this paragraph 16), be informed that the vendor is subject to
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`the terms and conditions of this Protective Order, and complete and sign the Undertaking
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`attached as Appendix A hereto, and the same must be served upon the producing Party.].
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`[Plaintiff’s Proposal: Section intentionally left blank].
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`17.
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`Nothing contained herein shall be construed to prejudice any Party’s right to use any
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`DESIGNAT