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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`§
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`CIVIL ACTION NO. 2-24-cv-00162-
`JRG-RSP
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`BYTEWEAVR, LLC,
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`Plaintiff,
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`v.
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`DATABRICKS, INC.,
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`Defendants.
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`PROTECTIVE ORDER
`WHEREAS, Plaintiff BYTEWEAVR, LLC and Defendant Databricks, Inc., hereafter
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`referred to as “the Parties,” believe that certain information that is or will be encompassed by
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`discovery demands in the above-captioned litigation (Case No. 2-24-cv-00162-JRG-RSP)
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`(referred to as the “Action”) by the Parties involves the production or disclosure of trade secrets,
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`confidential business information, or other proprietary information;
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`WHEREAS, the Parties seek a protective order limiting disclosure thereof in accordance with
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`Federal Rule of Civil Procedure 26(c):
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`
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`1.
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`THEREFORE, it is hereby stipulated among the Parties and ORDERED that:
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`Each Party may designate as confidential for protection under this Order, in whole or in part,
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`any document, information or material that constitutes or includes, in whole or in part,
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`confidential or proprietary information or trade secrets of the Party or a Third Party to whom
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`the Party reasonably believes it owes an obligation of confidentiality with respect to such
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`document, information or material (“Protected Material”). The “Producing Party” means
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`the party producing any information, and the “Receiving Party” means any party receiving
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`information. Protected Material shall be designated by the Party producing it by affixing
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`1
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`a
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`legend or stamp on such document,
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`information or material as follows:
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`“CONFIDENTIAL,” “HIGHLY CONFIDENTIAL - ATTORNEYS’ EYES ONLY,” or
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`“HIGHLY CONFIDENTIAL - SOURCE CODE.” .” The word(s) “CONFIDENTIAL,”
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`“HIGHLY CONFIDENTIAL - ATTORNEYS’ EYES ONLY,” or “HIGHLY
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`CONFIDENTIAL - SOURCE CODE” shall be placed clearly on each page of the Protected
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`Material (except depositionand hearing transcripts) for which such protection is sought. For
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`deposition and hearing
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`transcripts,
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`the word(s) “CONFIDENTIAL,” “HIGHLY
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`CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” or “HIGHLY CONFIDENTIAL –
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`SOURCE CODE” shall be placed on the cover page of the transcript (if not already present
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`on the cover page of the transcript when received from the court reporter) by each attorney
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`receiving a copy of the transcript after that attorney receives notice of the designation
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`of some or all of that transcript as “CONFIDENTIAL,” “HIGHLY CONFIDENTIAL –
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`ATTORNEYS’ EYES ONLY,” or “HIGHLY CONFIDENTIAL – SOURCE CODE.”
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`2.
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`The designation “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” means any
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`disclosure or discovery material that the Producing Party claims in good faith constitutes,
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`contains, reveals, or reflects: (i) non-public technical, marketing, financial, sales, research
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`and development information; (ii) commercially sensitive competitive information,
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`including, without limitation, information obtained from a nonparty pursuant to a current
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`Nondisclosure Agreement (“NDA”); (iii) information or data relating to future products
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`not yet commercially released and/or strategic plans; (iv) commercial agreements,
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`settlement agreements, or settlement communications, the disclosure of which is likely to
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`cause harm to the competitive position of the Producing Party; or (v) sensitive personal
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`information that is protected under federal, state, or foreign data protection laws or
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`2
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`
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`3.
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`regulations, or other privacy obligations.
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`The designation “CONFIDENTIAL” means confidential information produced in this
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`action which is not designated as “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
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`ONLY” that is not publicly known, and which the Producing Party normally would not
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`reveal to third parties or, if disclosed, would require such third parties to maintain its
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`confidence. A designation of CONFIDENTIAL should be made in good faith by the
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`Producing Party.
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`4.
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`The designation “HIGHLY CONFIDENTIAL – SOURCE CODE” means highly sensitive
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`confidential information constituting Source Code or Source Code Material. Source Code
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`Material, as used herein, means human-readable programming language text that describes
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`the algorithms or structure of software, firmware, hardware designs or descriptions. Source
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`Code also includes source code files, which are text files containing source code. Source
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`code files include, but are not limited to, files containing source code written in “C,”
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`“C++,” Java, assembler, VHDL, Verilog, SQL, digital signal processor (DSP programming
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`languages, any and all programmer notes, annotations, and other comments of any type
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`related thereto and accompanying the code. Source code files further include but are not
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`limited to, source files, configuration files (“config files”), “.include files,” “make” files,
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`link files, header files, intermediate output files, resource files, library files, module
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`definition files, map files, object files, linker files, browse info files, debug files, and other
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`human-=readable text files used in the generation and/or building of software directly
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`executed on a microprocessor, microcontroller, or DSP. Non-human readable files,
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`including but not limited to binary executable files, object code files, microcode, register
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`transfer language, compilers and linkers, if produced, shall be afforded the same protection
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`3
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`as the source code defined in this section. Material representing computer code and
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`associated comments and revision histories, formulas, engineering specifications, or
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`schematics that define or otherwise describe in detail the algorithms or structure of software
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`or hardware designs, disclosure of which to another Party or Third Party would create a
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`substantial risk of serious harm that could not be avoided by less restrictive means, shall
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`also be afforded the same protection as the source code defined in this section.
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`5.
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`Any confidential document produced before issuance of this Order with the designation
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`“Confidential” or “Confidential - Outside Attorneys’ Eyes Only” shall receive the same
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`treatment as if designated “HIGHLY CONFIDENTIAL - ATTORNEYS’ EYES ONLY”
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`under this Order, unless and until such document is redesignated to have a different
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`classification under this Order.
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`6.
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`With respect to documents, information or material designated “CONFIDENTIAL” or
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`“HIGHLY CONFIDENTIAL
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`- ATTORNEYS’ EYES ONLY” or “HIGHLY
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`CONFIDENTIAL – SOURCE CODE” (“DESIGNATED MATERIAL”)1 subject to the
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`provisions herein and unless otherwise stated, this Order governs, without limitation: (a)
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`all documents, electronically stored information, and/or things as defined by the Federal
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`Rules of Civil Procedure; (b) all pretrial, hearing or deposition testimony, or documents
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`marked as exhibits or for identification in depositions and hearings; (c) pleadings, exhibits
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`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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`1 The term DESIGNATED MATERIAL is used throughout this Protective Order to refer
`to the class of materials designated as “CONFIDENTIAL,” “HIGHLY CONFIDENTIAL -
`ATTORNEYS’ EYES ONLY,” or “HIGHLY CONFIDENTIAL – SOURCE CODE” both
`individually and collectively.
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`4
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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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`7.
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`A designation of Protected Material
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`(i.e.,
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`“CONFIDENTIAL,”
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`“HIGHLY
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`CONFIDENTIAL - ATTORNEYS’ EYES ONLY,” or “HIGHLY 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 have 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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`8.
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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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`(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 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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`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;
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`5
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`(e)
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`(f)
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`(g)
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`(h)
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`up to and including three (3) designated representatives of each of the Parties to the
`extent reasonably necessary for the litigation of this Action, except that either Party
`may in good faith request the other Party’s consent to designate one or more
`additional representatives, the other Party shall not unreasonably withhold such
`consent, and the requesting Party may seek leave of Court to designate such
`additional representative(s) if the requesting Party believes the other party has
`unreasonably withheld such consent;
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`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 Appendix A hereto and the same is
`served upon the Producing Party with a current curriculum vitae of the consultant
`or expert and a list of the cases in which the consultant or expert has testified at
`deposition or trial within the last four (4) years at least ten (10) business days
`before access to the Protected Material is to be given to that consultant so that the
`Producing Party has an opportunity 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. 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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`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
`Protective Order;
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`independent litigation support services, including persons working for or as court
`reporters, graphics or design services, jury or trial consulting services, interpreters
`or translators, 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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`(i)
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`the Court and its personnel.
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`9.
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`Documents, information or material produced pursuant to any discovery request in this
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`6
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`Action, including but not limited to Protected Material designated as DESIGNATED
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`MATERIAL, shall be used by the Parties only in the litigation of this Action and shall not
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`be used for any other purpose. Any person or entity who obtains access to DESIGNATED
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`MATERIAL or the contents thereof pursuant to this Order shall not make any copies,
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`duplicates, extracts, summaries or descriptions of such DESIGNATED MATERIAL or any
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`portion thereof except as may be reasonably necessary in the litigation of this Action. Any
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`such copies, duplicates, extracts, summaries or descriptions shall be classified
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`DESIGNATED MATERIALS and subject to all of the terms and conditions of this Order.
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`10.
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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 “HIGHLY
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`CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” or to the extent such Protected
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`Material includes Source Code Material, the Producing Party may designate such Protected
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`Material as “HIGHLY CONFIDENTIAL - SOURCE CODE.”
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`11.
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`For Protected Material designated HIGHLY CONFIDENTIAL – 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), (d), and (f-i).
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`12.
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`For Protected Material designated HIGHLY CONFIDENTIAL – SOURCE CODE, the
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`following additional restrictions apply:
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`(a) Access to a Party’s Source Code Material shall be provided only on “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). A process shall be
`provided for designating pages for printing. The hardware and software
`specifications of the stand-alone computer(s) (e.g., processor speed, RAM,
`operating system, and monitor) shall be sufficient to accommodate source code
`review. Use of any input/output device (e.g., USB memory stick, CD, floppy disk,
`portable hard drive, etc.) is prohibited while accessing the computer containing the
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`7
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`Source Code Material, and the Receiving Party shall not attempt to use any
`peripheral device of any kind (other than the keyboard, mouse, printer and monitor
`provided by the producing Party) with the stand-alone computer, nor shall the
`Receiving Party attempt to install any software on the Source Code Computer.
`Additionally, except as provided in paragraph 12(l) below, the stand-alone
`computer(s) may only be located at the offices of the Producing Party’s outside
`counsel. The stand-alone computer(s) must be located in the continental United
`States;
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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 9:00 a.m. through 5:00 p.m., and to during the course of
`discovery. 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 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 or its
`vendors 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 electronically and in text
`searchable format on the stand-alone computer(s) as described above. The
`Producing Party will produce Source Code Material in its usual directory format;
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`No use or possession of any recordable media or recordable devices, including
`without limitation sound recorders, computers, cellular telephones, peripheral
`equipment, cameras, CDs, DVDs, or drives or input/output device of any kind,
`shall be permitted in the room containing the Source Code Computer during review
`by the Receiving Party’s representatives absent agreement of the Producing Party.
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` All persons entering the secure room containing the stand-alone computer(s) must
`agree to submit to reasonable security measures to ensure they are not carrying any
`prohibited items before they will be given access to the stand-alone computer(s),
`and shall sign a log that includes the names of persons who enter the room and the
`dates and times when they enter and depart. The Producing Party shall maintain
`the log 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 and no information concerning
`the Source Code are being created or transmitted in any way.
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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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`The Receiving Party’s outside counsel and/or experts/consultants may make
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`8
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`reasonable requests that free, shareware, or commercially available software
`tools for viewing and searching Source Code be installed on the stand-alone
`computer, provided, however, that (a) the Receiving Party provides an
`appropriate license to such software tools (if needed); (b) the Producing Party
`approves such software tools; (c) the receiving Party explains why such other
`software tools are reasonably necessary for the receiving Party to perform its
`review of the Source Code and are consistent with all of the protections
`herein, (d) such software tools are reasonably available and non-destructive
`to the Source Code, (e) such software tools are for the purpose of performing
`a review of the Source Code consistent with all the protections herein, and (f)
`such software tools will not be capable of compiling or executing the code.
`To the extent that the Receiving Party requests any software tools that include
`any functionality that is capable of compiling or executing Source Code,
`those software tools will not be installed unless the functionality can either
`be excluded from the installation or can be permanently disabled. The
`Producing Party shall not unreasonably withhold approval of reasonable
`requests for additional commercially available software tools.
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`The Receiving Party must provide the Producing Party with the URL, CD,
`DVD, file path, or Advanced Package Tool package containing such licensed
`software tool(s), along with any necessary login information, at least five (5)
`business days in advance of the date upon which the Receiving Party wishes
`to have the additional software tools available for use on the standalone
`computer;
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`Access to Protected Material designated HIGHLY CONFIDENTIAL –
`SOURCE CODE shall be limited to outside counsel and up to three (3)
`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 and
`approved to access such Protected Materials pursuant to paragraph 8(f)
`above.). All persons who will review a Producing Party’s Source Code on the
`Source Code Computer on behalf of a Receiving Party, including members
`of a Receiving Party’s outside law firm, shall be identified in writing to the
`Producing Party at five (5) business days in advance of the first time that such
`person reviews Source Code on the Source Code Computer;
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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.
`Except as otherwise provided in this Protective Order, 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 orders, must be filed or served
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`9
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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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`electronically;
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`To the extent portions of Source Code Material are quoted or excerpted
`in a Source Code Document, either (1) the entire Source Code Document will
`be stamped and treated as HIGHLY CONFIDENTIAL – SOURCE CODE or
`(2) those pages containing quoted Source Code Material will be separately
`stamped and treated as HIGHLY CONFIDENTIAL – SOURCE CODE.
`
`Except as set forth herein or in paragraph 12(r) 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.
`The Receiving Party may create an electronic copy or image of limited
`excerpts of no more than 75 contiguous lines of Source Code Material only
`to the extent necessary to create a Source Code Document or any drafts of
`these documents. For clarity, the above restrictions on the length of excerpts
`of Source Code Material do not apply to exhibits to filings insofar as the
`exhibits, including without limitation expert reports or discovery responses,
`already included longer excerpts of Source Code Material, or to the extent
`expert reports must otherwise be filed with the Court. The Receiving Party
`shall only include such excerpts as are reasonably necessary for inclusion in
`such documents for filing with the Court. 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, and any documents or drafts thereof that
`contain such Source Code Material must remain encrypted except as may be
`required for filing with the Court. 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 “HIGHLY CONFIDENTIAL – SOURCE
`CODE” and must only be exchanged via secure, encrypted file transfer. If
`Source Code Exhibits are filed with the court, they must be filed under seal
`in accordance with the Court’s rules, procedures, and orders. Electronic
`images should not be maintained separate and apart from the filing for which
`they were created for;
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`(m)
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`Except as otherwise provided in this Protective Order, no physical copies of
`all or any portion of the Source Code Material may leave the room containing
`the Source Code Computer. Using the software available on the source code
`computer, the Receiving Party shall create PDFs of the Source Code Material
`the receiving Party is requesting and save them in a folder on the desktop
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`10
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`named “PDF Requests” with a subfolder identifying the date of the request.
`The request for PDF files or hardcopy printouts of Source Code Material shall
`be served via email identifying the subfolders of the “PDF Requests” folder
`that the Receiving Party is requesting. The receiving party may not print any
`continuous block of Source Code that results in more than 25 consecutive
`pages without permission of the Producing Party, which permission shall not
`be unreasonably denied. Further, the Receiving Party shall not be entitled to
`print outs of more than 1250 pages absent good cause. The Receiving Party
`shall not print Source Code in order to view blocks of Source Code elsewhere
`in the first instance (i.e., as an alternative to reviewing the subject Source
`Code electronically on the Source Code Computer. The Producing Party must
`ensure that all printed pages must indicate the original file name of the Source
`Code Material, and must additionally include either page and line numbers
`for the printed Source Code Material where applicable and/or some other
`coordinates or markers that identify the portion of the Source Code Material
`printed. Upon printing any such portions of Source Code, the Producing Party
`shall put Bates and line numbers, copy, and clearly label as “HIGHLY
`CONFIDENTIAL - SOURCE CODE” any pages printed by the Receiving
`Party. Within three (3) business days of a request for pages, the Producing
`Party shall either (i) deliver one copy of such printouts to one or more offices
`of the receiving Party’s outside counsel or (ii) inform the requesting Party of
`its objection, if any, that the printed portions withheld are excessive and/or
`not done for a permitted purpose. The parties agree to work in good faith to
`resolve any dispute over requested printouts.
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`The Receiving Party shall be permitted to make up to five (5) printed copies
`of Source Code Material, in addition to copies necessary for court documents
`received from the Producing Party, all of which shall be designated and
`clearly labeled “HIGHLY CONFIDENTIAL - SOURCE CODE.”
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`Should such printouts or photocopies be transferred back to electronic media,
`such media shall be labeled “HIGHLY CONFIDENTIAL - SOURCE
`CODE” and shall continue to be treated as such;
`
`For depositions, copies of Source Code Material 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. For in-person depositions, all paper copies of
`Source Code Material brought to the deposition shall be provided to the
`Producing Party’s outside counsel for secure destruction in a timely manner
`following the deposition. For remote depositions of any witness that is
`permitted to view Source Code Material and is designated as an appropriate
`witness to testify regarding Source Code Material, the Party producing the
`witness shall provide a complete copy of the printed PDFs of the Source Code
`Material to its witness in advance of the deposition, provided that the Party
`taking the deposition provides advance notice that the witness will be asked
`
`11
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`(n)
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`(o)
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`(p)
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`Case 2:24-cv-00162-JRG-RSP Document 32 Filed 06/30/24 Page 12 of 23 PageID #:
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`(q)
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`(r)
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`(s)
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`(t)
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`to testify regarding Source Code Material. Source Code Material shall not be
`uploaded to any file share site or displayed electronically during any
`deposition.
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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 review the terms of
`this Protective Order and keep the printouts or photocopies in a secured
`locked area in the office of such outside counsel, consultants or expert. The
`Receiving Party may also temporarily keep the printouts or photocopies 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 printouts or photocopies (e.g., a hotel prior to a Court proceeding
`or deposition); and
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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 12(i)
`and 12(p) above to another person authorized under paragraph 12(i) above, on
`paper or removable electronic media (e.g., a DVD, CD-ROM, portable hard
`drive, or flash memory drive) 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) as set forth in paragraph
`12(l) and 12(q) 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 stand-alone computer.
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`The Receiving Party’s outside counsel or expert, or both, shall be entitled to
`take notes relating to the source code, but may not copy more than 5
`consecutive lines into the notes. 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. No notes shall be left behind at the site where the
`stand-alone 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. Any such notes shall be stamped and treated as
`“HIGHLY CONFIDENTIAL – SOURCE CODE.”
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`Nothing in this Paragraph 12 or in this Order as a whole constitutes an
`agreement or admission by either Party that such Party’s Source Code
`Material is required to be produced. Nor does either Party waive any right it
`may have to object to and oppose any request for production of such Source
`Code Material to the extent permissible the Federal Rule of Civil Procedure,
`or the Local Rules or Orders of this Court.
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`12
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`Case 2:24-cv-00162-JRG-RSP Document 32 Filed 06/30/24 Page 13 of 23 PageID #:
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`13.
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`Any attorney representing a Party, whether in-house or outside counsel, and any person
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`associated with a Party and permitted to receive the other Party’s Protected Material that is
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`designated CONFIDENTIAL, HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
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`ONLY and/or HIGHLY CONFIDENTIAL – SOURCE CODE (collectively, “HIGHLY
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`SENSITIVE MATERIAL”), who obtains, receives, has access to, or otherwise learns, in
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`whole or in part, the other Party’s HIGHLY SENSITIVE MATERIAL under this Order
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`shall not prepare, prosecute, supervise, or assist in the preparation or prosecution of any
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`patent application pertaining to the field of the invention of the patents-in-suit on behalf of
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`the Receiving Party or its acquirer, successor, predecessor, or other affiliate during the
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`pendency of this Action and for one year after its conclusion, including any appeals. For
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`purposes of this paragraph, “prosecution” includes directly or indirectly drafting,
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`amending, advising, or otherwise affecting the scope or maintenance of pat