Case 2:24-cv-00353-JRG Document 34 Filed 08/26/24 Page 1 of 23 PageID #: 707
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`UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`ADVANCED CODING TECHNOLOGIES
`LLC,
`
`v,
`
`GOOGLE LLC,
`
`Plaintiff,
`
`Defendant.
`
`CIVIL ACTION NO. 2:24-cv-00353-JRG
`
` PROTECTIVE ORDER
`
`WHEREAS, Plaintiff Advanced Coding Technologies LLC (“ACT”) and Defendant
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`Google LLC (“Google”), hereafter referred to as “the Parties,” believe that certain information
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`that is or will be encompassed by discovery demands by the Parties involves the production or
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`disclosure of trade secrets, confidential business information, or other proprietary information;
`
`WHEREAS, the Parties seek a protective order limiting disclosure thereof in accordance
`
`with Federal Rule of Civil Procedure 26(c):
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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
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`part, 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
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`whom the Party reasonably believes it owes an obligation of confidentiality with respect to
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`such document, information or material (“Protected Material”). Protected Material shall
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`be 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” or “RESTRICTED -
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`1
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`

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`Case 2:24-cv-00353-JRG Document 34 Filed 08/26/24 Page 2 of 23 PageID #: 708
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`ATTORNEYS’ EYES ONLY” or “RESTRICTED CONFIDENTIAL SOURCE CODE.”
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`The designation shall be placed clearly on each page of the Protected Material (except
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`deposition and hearing transcripts and natively produced documents) for which such
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`protection is sought. For deposition and hearing transcripts, the designation shall be placed
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`on the cover page of the transcript (if not already present on the cover page of the transcript
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`when received from the court reporter) by each attorney receiving a copy of the transcript
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`after that attorney receives notice of the designation of some or all of that transcript as
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`including Protected Material. For natively produced Protected Material, the designation
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`shall be placed in the filename of each such natively produced document.
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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
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`Only” shall receive the same treatment as if designated “RESTRICTED - ATTORNEYS’
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`EYES ONLY” under this Order, unless and until such document is redesignated to have a
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`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,
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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
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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,” “RESTRICTED - ATTORNEYS’ EYES
`ONLY,” or “RESTRICTED CONFIDENTIAL SOURCE CODE,” both individually and
`collectively.
`
`2
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`

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`exhibits or for identification in depositions and hearings; (c) pretrial pleadings, exhibits to
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`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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`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
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`notifying the recipient(s), as soon as reasonably possible after the producing Party becomes
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`aware of the inadvertent or unintentional disclosure, and providing replacement Protected
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`Material that is properly designated. The recipient(s) shall then destroy all copies of the
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`inadvertently or unintentionally produced Protected Materials and any documents,
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`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 14 herein:
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`(a)
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`(b)
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`outside counsel of record in this Action2 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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`2 This “Action” means Case No. 2:24-cv-00353-JRG.
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`3
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`

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`(c)
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`(d)
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`(e)
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`up to one in-house counsel for the Parties who is a member in good standing of at
`least one state bar and has responsibility for making decisions dealing directly with
`the litigation of this Action;
`
`up to one (1) officer level designated employee of each of the Parties who either
`has responsibility for making decisions dealing directly with the litigation in
`this Action or who is assisting outside counsel in preparation for proceedings in
`this Action. Before access is given, the designated employee shall complete
`the Undertaking attached as Exhibit A hereto, which must be served upon
`the producing Party with a general description of the designated employee’s
`role in this Action at least seven (7) days before access to the Protected Material
`is to be given to that designated employee. The producing Party shall have that
`seven day period to object to and notify the receiving Party in writing that it
`objects to disclosure of Protected Material to the designated employee. The
`Parties agree to promptly confer and use good faith to resolve any such objection.
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`outside consultants or experts3 (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 Action4; (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
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`3 For any such person, the curriculum vitae shall identify his/her (i) current employer(s), (ii) each
`person or entity from whom s/he has received compensation or funding for work in his or her areas
`of expertise or to whom the s/he has provided professional services, including in connection with
`a litigation, at any time during the preceding five years; (iii) (by name and number of the case,
`filing date, and location of court) any litigation in connection with which the s/he has offered
`expert testimony, including through a declaration, report, or testimony at a deposition or trial,
`during the preceding five years. If such consultant or expert believes any of this information is
`subject to a confidentiality obligation to a third-party, then the s/he should provide whatever
`information can be disclosed without violating any confidentiality agreements, and the Party
`seeking to disclose Protected Material to the consultant or expert shall be available to meet and
`confer with the designating Party regarding any such engagement.
`4 For avoidance of doubt, an independent expert or consultant retained (as opposed to employed)
`by a Party on another litigation would not be precluded under this section.
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`4
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`

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`Case 2:24-cv-00353-JRG Document 34 Filed 08/26/24 Page 5 of 23 PageID #: 711
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`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;
`
`(f)
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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
`
`(g)
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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 in this Action, including but not limited to
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`Protected Material designated as DESIGNATED MATERIAL, and the knowledge of the
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`existence of such Protected Material (i) shall be used only for prosecuting, defending, or
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`attempting to settle this Action, (ii) shall not be used for any business purpose, in
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`connection with any other legal or administrative proceeding, including but not limited to
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`any proceeding at the U.S. Patent and Trademark Office (or any similar agency of a foreign
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`government), or directly or indirectly for any other purpose whatsoever and (iii) shall not
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`be disclosed to any person who is not entitled to receive such Protected Material as herein
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`provided. All produced Protected Material shall be carefully maintained so as to preclude
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`access by persons who are not entitled to receive such Protected Material, and any person
`
`5
`
`

`

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`or entity who obtains access to DESIGNATED MATERIAL or the contents thereof
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`pursuant to this Order shall not make any copies, duplicates, extracts, summaries or
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`descriptions of such DESIGNATED MATERIAL or any portion thereof except as may be
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`reasonably necessary in the litigation of this Action. Any such copies, duplicates, extracts,
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`summaries or descriptions shall be classified DESIGNATED MATERIALS and subject to
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`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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`the producing Party may designate such Protected Material as “RESTRICTED
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`CONFIDENTIAL SOURCE CODE” (“Source Code Material”).
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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-g).
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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:
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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) (that is, the computer may not be linked to any network, including a
`local area network (“LAN”), an intranet or the Internet) in a secured locked room.
`The stand-alone computer(s) may be connected to a printer. The stand-alone
`computer(s) may only be located within the continental United States at the offices
`of the producing Party’s outside counsel. The stand-alone computer(s) shall have
`disk encryption and be password protected. Use or possession of any input/output
`device (e.g., USB memory stick, mobile phone or tablet, camera or any camera-
`enabled device, CD, floppy disk, portable hard drive, laptop, or any device that can
`access the Internet or any other network or external system, etc.) is prohibited while
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`6
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`

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`accessing the computer containing the source code (with the exception of a note-
`taking computer in 10(k) that has camera and network and port (e.g., USB)
`connectivity disabled). All persons entering the locked 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). The producing Party may periodically “check in” on the
`activities of the receiving Party’s representatives during any stand-alone computer
`review and may visually monitor the activities of the receiving Party’s
`representatives from outside the room in which the stand-alone computer(s) is
`located, but only to ensure that no unauthorized electronic records of the Source
`Code Material and no information concerning the Source Code Material are being
`created or transmitted in any way. The producing Party may not record (visually,
`audibly or by other means) the activities of the receiving Party’s representatives.
`The producing Party must provide a separate, secure, and substantially
`private workspace convenient to the review room for use by the receiving
`Party’s reviewer(s) to store and use electronic devices during the review process.
`
`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;
`
`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);
`
`The producing Party will produce Source Code Material in computer searchable
`format on the stand-alone computer(s) as described above;
`
`Access to Source Code Material shall be limited to outside counsel and up to three
`(3) outside consultants or experts5 (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. 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
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`(b)
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`(c)
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`(d)
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`(e)
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`5 For the purposes of this paragraph, an outside consultant or expert does not include the outside
`consultant’s or expert’s direct reports and other support personnel.
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`7
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`

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`Case 2:24-cv-00353-JRG Document 34 Filed 08/26/24 Page 8 of 23 PageID #: 714
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`(f)
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`(g)
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`(h)
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`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 an electronic copy or
`image of a document which, pursuant to the Court’s rules, procedures, or order,
`must be filed or served electronically (“Source Code Document”), either (1) the
`entire Source Code Document will be stamped and treated as RESTRICTED
`CONFIDENTIAL SOURCE CODE or (2) those pages containing quoted Source
`Code Material will be separately stamped and treated as RESTRICTED
`CONFIDENTIAL SOURCE CODE;
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`Except as set forth in this paragraph, no electronic copies or images of Source Code
`Material shall be made without prior written consent of the producing Party. The
`receiving Party may create an electronic copy or image of limited excerpts of
`Source Code Material only to the extent necessary to create Source Code
`Documents or any drafts of these documents.6 The receiving Party shall only
`include such excerpts as are reasonably necessary for the purposes for which such
`part of the Source Code Material is used. Images or copies of Source Code
`Material shall not be included in correspondence between the parties (references
`to production numbers shall be used instead) and shall be omitted from pleadings
`and other papers except to the extent permitted herein. The receiving Party may
`create an electronic image of a selected portion of the Source Code Material only
`when the electronic file containing such image has been encrypted using
`commercially reasonable encryption software including password protection. The
`communication and/or disclosure of electronic files containing any portion of
`Source Code Material shall at all times be limited to individuals who are authorized
`to see Source Code Material under the provisions of this Protective Order.
`Additionally, all electronic copies must be
`labeled
`"RESTRICTED
`CONFIDENTIAL SOURCE CODE." If Source Code Documents are filed with
`the Court, they must be filed under seal in accordance with the Court’s rules,
`procedures and orders.
`
`No person shall copy, e-mail, transmit, upload, download, print, photograph or
`otherwise duplicate
`any portion of
`the designated
`“RESTRICTED
`CONFIDENTIAL SOURCE CODE” material, except that the receiving Party may
`request paper copies (“Source Code Printouts”) of limited portions of the Source
`Code Material. The receiving Party shall not request paper copies for the purposes
`of reviewing the source code other than electronically as set forth in paragraph (a)
`in the first instance. The receiving Party shall request for printing only such
`portions as are reasonably necessary for the preparation of court filings, pleadings,
`expert reports, or other papers, or for deposition or trial from the standalone
`computers onto watermarked paper, which shall be provided by the producing
`Party, that bears the legend “CONFIDENTIAL – OUTSIDE ATTORNEYS’
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`6 Drafts shall only include those excerpts the Receiving Party reasonably believes will be included
`in the final version.
`
`8
`
`

`

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`EYES ONLY – SOURCE CODE.” Within five (5) days of request, the producing
`Party shall either (i) provide four (4) copies of such pages to the receiving Party or
`(ii) inform the receiving Party that it objects that the printed portions are excessive
`and/or not done for a permitted purpose. If, after meeting and conferring, the
`producing Party and the receiving Party cannot resolve the objection, within five
`(5) business days, the receiving Party shall seek a Court resolution of whether the
`printed source code in question is reasonable and was printed for a permitted
`purpose. The receiving Party shall not request to print more than twenty-five (25)
`consecutive pages and no more than five hundred (500) pages in total of the
`producing Party’s source code throughout the duration of this action, without prior
`written approval by the producing Party, such approval to be granted or denied
`within three (3) business days of the receiving Party’s request and such approval
`not to be unreasonably requested or withheld.
`
`If the receiving Party’s outside counsel, consultants, or experts obtain Source Code
`Printouts, the receiving Party shall ensure that such outside counsel, consultants,
`or experts keep the Source Code Printouts under their direct control in a secured
`locked area in the offices of such outside counsel, consultants, or expert. The
`receiving Party may also temporarily keep the Source Code Printouts at: (i) the
`Court for any proceedings(s) relating to the Source Code Material, for the dates
`associated with the proceeding(s); (ii) the sites where any deposition(s) relating to
`the Source Code Material are taken, for the dates associated with the deposition(s);
`and (iii) any intermediate location reasonably necessary to transport the Source
`Code Printouts to a Court proceeding or deposition, provided that the printouts or
`photocopies are kept in a secure manner that ensures access is limited to the
`persons authorized under this Order;
`
`A producing Party’s Source Code Material may only be transported by the
`receiving Party at the direction of a person authorized under paragraph 10(e) above
`to another person authorized under paragraph 10(e) on paper delivered via hand
`carry using a method that will take two business days or less. Subject to prior
`authorization, the producing Party shall bear full responsibility for said transport,
`including payment of all costs and other expenses necessarily incurred, so long as
`the Source Code Material is being transported to a location on a regular U.S. Postal
`Service route. Source code material may not be transported or transmitted
`electronically over a network of any kind, including a LAN, an intranet, or the
`Internet, except as with respect to the transmission of contentions, expert reports,
`sealed court filings, or any other document, either (a) as permitted in writing by
`the Producing Party; or (b) which pursuant to the Court’s rules, procedures, or
`orders must be filed or served electronically, as set forth in elsewhere in Paragraph
`10, and is at all times subject to the transport restrictions set forth herein;
`
`The receiving Party’s outside counsel and/or expert shall be entitled to take notes
`relating to the source code but may not copy any portion of the source code into
`the notes with the exception of directory paths, file paths, names and line numbers,
`as necessary to identify the requested portions for printing to the producing Party.
`
`9
`
`
`
`(i)
`
`
`(j)
`
`
`(k)
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`

`

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`Any such notes may be taken by hand or on a notetaking computer that is not linked
`to any network and has camera, port (e.g., USB), and network access disabled
`when in the source code review room. No copies of all or any portion of the source
`code may leave the room in which the source code is inspected except as otherwise
`provided herein. Further, no other written or electronic record of the source code
`is permitted except as otherwise provided herein. No notes shall be made or stored
`on the inspection computer (with the exception of PDF source code files on the
`stand alone computer desktop requested to be printed), or left behind at the site
`where the inspection computer is made available, and any such notes shall be
`deleted or destroyed by the producing Party, without reviewing the substance of
`the notes, upon discovery. Notwithstanding the foregoing, any such notes shall be
`stamped and treated as “RESTRICTED CONFIDENTIAL SOURCE CODE.” The
`log of such notes need not be produced to any other party absent Court Order (e.g.
`potentially in connection with a Protective Order violation motion).
`
`A list of names of persons who will review Source Code Material on the stand-
`alone computer(s) will be provided to the producing Party in conjunction with any
`written (including email) notice requesting inspection. Prior to the first inspection
`of any Source Code Material on the stand-alone computer(s), the receiving Party
`shall provide five (5) business days’ notice to schedule the initial inspection with
`the producing Party. The receiving Party shall provide three (3) business days’
`notice in advance of scheduling any additional inspections. Such notice shall
`include the names and titles for every individual from the receiving Party who will
`attend the inspection. The producing Party may maintain a daily log of the names
`of persons who enter the locked room to view the source code and when they enter
`and depart;
`
`The receiving Party’s outside counsel shall maintain a log of all copies of the
`Source Code Printouts (received from a producing Party) that are delivered by the
`receiving Party to any person and a log of any electronic images of Source Code
`Material. The log shall include the names of the recipients and reviewers of copies
`and locations where the copies are stored. Upon request by the producing Party,
`the receiving Party shall provide reasonable assurances and/or descriptions of the
`security measures employed by the receiving Party and/or person that receives a
`copy of any portion of the source code; and
`
`All copies of any portion of the Source Code Printouts in whatever form shall be
`securely destroyed if they are no longer in use. Copies of Source Code Printouts
`that are marked as deposition exhibits shall not be provided to the Court Reporter
`or attached to deposition transcripts; rather, the deposition record will identify the
`exhibit by its production numbers.
`
`If a Receiving Party or person authorized to access Protected Material
`(“Authorized Recipient”) discovers any loss of Protected Material or a breach of
`security, including any actual or suspected unauthorized access, relating to another
`party’s Protected Material, the Receiving Party or Authorized Recipient shall: (1)
`
`
`(l)
`
`
`(m)
`
`
`(n)
`
`(o)
`
`10
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`

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`(p)
`
`promptly stop the unauthorized breach; (2) promptly (within 72 hours) provide
`written notice to Designating Party of such breach, including information
`regarding the size and scope of the breach; and (3) investigate and make reasonable
`efforts to remediate the effects of the breach. . In any event, the Receiving Party or
`Authorized Recipient shall promptly take all necessary and appropriate corrective
`action to terminate any unauthorized access.
`
`At least seven (7) business days in advance of the date upon which the Receiving
`Party wishes to use the source code computers, the Receiving Party shall identify
`the licensed software tools it wishes to have installed and available for use on the
`source code computers, and provide, on a CDROM or other medium, a properly
`licensed copy of the software it requests to be installed. Any costs associated with
`acquiring licenses to requested software tools shall be borne by the Receiving
`Party. In the event that there are issues concerning the installation or use of such
`tool, the Parties, and their technical staff, shall meet and confer promptly to resolve
`such issues. The Producing Party should not unreasonably withhold installation of
`any requested tools. If after meeting and conferring, the Parties cannot resolve an
`objection to a source code tool, the receiving Party shall seek Court intervention
`within five (5) days:
`
`11.
`
`Absent written consent from the designating Party, any person associated or affiliated with
`
`ACT and permitted to receive said Party’s Protected Material that is designated
`
`RESTRICTED -- ATTORNEYS’ EYES ONLY and/or RESTRICTED CONFIDENTIAL
`
`SOURCE CODE (collectively “HIGHLY SENSITIVE MATERIAL”), who obtains,
`
`receives, has access to, or otherwise learns, in whole or in part, said Party’s HIGHLY
`
`SENSITIVE MATERIAL under this Order shall not prepare, prosecute, supervise, or assist
`
`in the preparation or prosecution of any patent application pertaining to (a) video/audio
`
`codecs, including video/audio decoding and encoding, assessing or responding to changes
`
`in communication quality in communication systems and protocols therefor, or cloud or
`
`server based media and data storage, management, control, or distribution systems and
`
`processes therefor; (b) any products, services, or systems accused by ACT in this Action;
`
`or (c) the patents asserted in this Action and any patent or application claiming priority to
`
`or otherwise related to the patents asserted in this Action (collectively the “Fields of
`
`11
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`Case 2:24-cv-00353-JRG Document 34 Filed 08/26/24 Page 12 of 23 PageID #: 718
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`Invention”) during the pendency of this Action and for one year after its conclusion,
`
`including any appeals. For purposes of this paragraph, “prosecution” includes any activity
`
`related to (i) the preparation or prosecution (for any person or entity) of patent applications,
`
`or (ii) participating, drafting, amending, advising, or otherwise affecting the scope or
`
`maintenance of patent claims. To ensure compliance with the purpose of this provision,
`
`each Party shall create an “Ethical Wall” between those persons with access to HIGHLY
`
`SENSITIVE MATERIAL and any individuals who, on behalf of the Party or its acquirer,
`
`successor, predecessor, or other affiliate, prepare, prosecute, supervise or assist in the
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`preparation or prosecution of any patent application pertaining to the Fields of Invention
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`of the patents-in-suit. For the avoidance of doubt, this provision shall not preclude any
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`person (including counsel or experts) who obtains, receives, or otherwise learns, in whole
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`or in part, the other Party’s DESIGNATED MATERIAL or HIGHLY SENSITIVE
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`MATERIAL under this Order from participating in or representing it in reexamination
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`proceedings, Post-Grant Review proceedings, Inter Partes Review proceedings, or
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`Covered Business Method Review proceedings involving the patents-in-suit provided that
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`they do not advise on, consult on, prepare, draft, or edit any amendment to specifications
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`or claims based on those proceedings.
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`12.
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`[intentionally left blank]
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`12
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`

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`Case 2:24-cv-00353-JRG Document 34 Filed 08/26/24 Page 13 of 23 PageID #: 719
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`13.
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`Disclosure of Protected Material shall be subject to all applicable laws and regulations
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`relating to the export of technical data contained in such Protected Material, including the
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`release of such technical data to foreign persons or nationals in the United States or
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`elsewhere. Each party receiving Protected Material shall comply with all applicable
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`export control statutes and regulations. See, e.g., 15 CFR 734.2(b). No Protected Material
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`may leave the territorial boundaries of the United States of America or be made available
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`to any foreign national who is not (i) lawfully admitted for permanent residence in the
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`United States or (ii) identified as a protected individual under the Immigration and
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`Naturalization Act (8 U.S.C. 1324b(a)(3)). Without limitation, this prohibition extends to
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`Protected Material (including copies) in physical and electronic form. The viewing of
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`Protected Material through electronic means outside the territorial limits of the United
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`States of America is similarly prohibited. Notwithstanding this prohibition, Protected
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`Material, exclusive of material designated RESTRICTED CONFIDENTIAL ‑ SOURCE
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`CODE, and to the extent otherwise permitted by law, may be taken outside the territorial
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`limits of the United States if it is reasonably necessary for a deposition taken in a foreign
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`country. The restrictions contained within this paragraph may be amended through the
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`consent of the producing Party to the extent that such agreed to procedures conform with
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`applicable export control laws and regulations.