Case 4:23-cv-01147-ALM Document 61 Filed 11/12/24 Page 1 of 22 PageID #: 2578
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`SHERMAN DIVISION
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`
`
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`R2 Solutions LLC,
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` Plaintiff,
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`v.
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`Databricks, Inc.,
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` Defendant.
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`Civil Action No. 4:23-CV-01147-ALM
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`Jury Trial Demanded
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`
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`PROTECTIVE ORDER
`WHEREAS, Plaintiff R2 Solutions LLC and Defendant Databricks, Inc., hereafter referred
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`to as “the Parties,” believe that certain information that is or will be encompassed by discovery
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`demands by the Parties in the above-captioned case (the “Litigation”) involves the production or
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`disclosure of trade secrets, 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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`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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`Case 4:23-cv-01147-ALM Document 61 Filed 11/12/24 Page 2 of 22 PageID #: 2579
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`information. Protected Material shall be designated by the Party producing it by affixing
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`a
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`legend or stamp on such document, 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 deposition and 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 extremely sensitive or proprietary information requiring
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`exceptional measures to restrict access to such material, including: (i) non-public technical,
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`marketing, financial, sales, research and development information; (ii) commercially
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`sensitive competitive information, including, without limitation, information obtained
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`from a nonparty pursuant to a current Nondisclosure Agreement (“NDA”); (iii) information
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`or data relating to future products not yet commercially released and/or strategic plans; (iv)
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`commercial agreements, settlement agreements, or settlement communications, the
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`2
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`disclosure of which is likely to cause harm to the competitive position of the Producing
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`Party; or (v) sensitive personal information that is protected under federal, state, or foreign
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`data protection laws or regulations, or other privacy obligations.
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`3.
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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 Material. Source Code Material, as used
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`herein, means human-readable programming language text that describes the algorithms or
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`structure of software, firmware, hardware designs or descriptions. Source Code Material
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`also includes source code files, which are text files containing source code. Source code
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`files include, but are not limited to, files containing source code written in “C,” “C++,”
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`Java, assembler, VHDL, Verilog, SQL, digital signal processor (DSP programming
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`languages, any and all programmer notes, annotations, revision histories, and other
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`comments of any type related thereto and accompanying the code. Source code files further
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`include but are not limited to, source files, configuration files (“config files”), “include
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`files,” “make” files, link files, header files, intermediate output files, resource files, library
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`files, module definition files, map files, object files, linker files, browse info files, debug
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`files, and other human-readable text files used in the generation and/or building of software
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`directly executed on a microprocessor, microcontroller, or DSP. Non-human readable files,
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`3
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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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`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” shall receive
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`the same
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`treatment as
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`if designated “HIGHLY
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`CONFIDENTIAL – ATTORNEYS’ EYES ONLY” under this Order, unless and until such
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`document is redesignated to have a different classification under this Order.
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`6.
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`With respect to documents, information or material designated “CONFIDENTIAL,”
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`“HIGHLY CONFIDENTIAL – 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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`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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`
`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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`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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`(e)
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`outside counsel of record in this Litigation for the Parties;
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`employees of such counsel assigned to and reasonably necessary to assist such
`counsel in the Litigation;
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`in-house counsel for the Parties who either have responsibility for making decisions
`dealing directly with the Litigation, or who are assisting outside counsel in the
`Litigation;
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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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`up to and including three (3) designated representatives of each of the Parties to the
`extent reasonably necessary for the Litigation, except that either Party may in good
`faith request the consent of the other Party 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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`5
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`9.
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`(f)
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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 Litigation; (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 (i) a current curriculum vitae of the consultant
`or expert and (ii) 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 seven (7) business days
`before access to the Protected Material is to be given to that consultant or expert 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 seven (7) 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 Protective Order,
`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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`(g)
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`(h)
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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; and
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`(i)
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`the Court and its personnel.
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`Documents, information or material produced pursuant to any discovery request in this
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`Litigation, including but not limited to Protected Material designated as DESIGNATED
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`MATERIAL, shall be used by the Parties only for purposes of the Litigation 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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`6
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`portion thereof except as may be reasonably necessary for the Litigation. Any such copies,
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`duplicates, extracts, summaries or descriptions shall be classified DESIGNATED
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`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 deserves further protection, the Producing Party may
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`designate such Protected Material “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
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`ONLY,” or to the extent such Protected Material includes Source Code Material, the
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`Producing Party may designate such Protected Material as “HIGHLY CONFIDENTIAL –
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`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 8(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)
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`Access to a Party’s Source Code Material shall be provided only on a single, non-
`networked “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). A
`process shall be provided for designating pages for printing. The hardware and
`software specifications of the stand-alone computer (e.g., processor speed, RAM,
`operating system) shall be sufficient to accommodate source code review. Absent
`specific agreement by the Producing Party, use or possession of any input/output
`device or other electronic device (e.g., USB memory stick, cameras or any camera-
`enabled device, CDs or DVDs, portable hard drive, computer, cellular telephones,
`smartphones, sound recorders, voice recorders, etc.) is prohibited while accessing
`the stand-alone computer containing the 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 2 monitors provided by the Producing Party) with
`the stand-alone computer. Additionally, except as provided in paragraph 12(r)
`below, the stand-alone computer shall only be located at the offices of the
`Producing Party’s outside counsel;
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`(b)
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`The Producing Party may visually monitor the activities of the Receiving Party’s
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`7
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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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`representatives during any Source Code Material review, but only to ensure that
`no unauthorized input/output or other electronic devices are being used and that no
`unauthorized electronic records of the Source Code Materials are being created or
`transmitted in any way, and only so long as the Producing Party cannot hear the
`Receiving Party or view any notes, as discussed in paragraph 12(s) below. The
`Producing Party shall have the right to confirm identities of the persons accessing
`Source Code Material, and request confirmation that such persons are not carrying
`prohibited items before being given access to the stand alone computer.
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`The Receiving Party shall make reasonable efforts to restrict its requests for such
`access to the stand-alone computer to normal business hours, which for purposes of
`this paragraph shall be 8:30 a.m. through 5:30 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 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
`Litigation;
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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 in order to access the
`produced Source Code Material on the stand-alone computer;
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`The Producing Party will produce Source Code Material electronically and in
`text searchable format on the stand-alone computer as described above. The
`Producing Party will produce Source Code Material in its usual directory format;
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`All persons entering the secure room containing the stand-alone computer 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;
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`The Receiving Party’s outside counsel and/or experts/consultants may make
`reasonable requests that free, shareware, or commercially available software tools
`for viewing and searching Source Code Material 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 (which approval cannot be unreasonably withheld); (c) such
`software tools are for the purpose of performing a review of the Source Code
`Material consistent with all the protections herein and (d) 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 Material, these software tools will not be installed
`unless the functionality is either excluded from the installation or permanently
`disabled. The Producing Party shall not unreasonably withhold approval of
`reasonable requests for additional commercially available software tools;
`8
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`(h)
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`(i)
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`(j)
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`(k)
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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 Material on the stand-alone 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 least five (5) business days
`in advance of the first time that such person reviews Source Code Material on the
`stand-alone computer;
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`A Receiving Party may include excerpts of Source Code Material only when
`reasonable and necessary in a pleading, exhibit, expert report, discovery document,
`deposition transcript, or other Court document (“Source Code 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
`(including in this paragraph), 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 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;
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`(l)
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`The Receiving Party may request a reasonable number2 of pages of Source Code
`Material to be Bates-numbered and printed for purposes of case preparation
`activity. Using the software available on the stand-alone 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 named “PDF Requests” with
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`2 Since a “reasonable number” may vary depending on the facts of each action, the Producing Party
`and Receiving Party shall meet and confer during the course of discovery to agree on a number of
`pages of Source Code Material that is reasonable. To the extent the parties fail to reach an
`agreement, the Court shall impose a reasonable number.
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`2587
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`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 Producing Party must ensure that all printed pages indicate the original file
`name of the Source Code Material and additionally include either page and line
`numbers for the printed Source Code Material where possible 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 Material, 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 five (5) 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. If, after meeting and conferring, the Producing Party and the
`Receiving Party cannot resolve the objection, the Receiving Party may seek a Court
`resolution of whether the printed Source Code Material in question is reasonably
`necessary to any case preparation activity. Contested Source Code Material print-
`outs need not be produced to the Receiving Party until the matter is resolved by
`the Court.
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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 stand-
`alone computer. The Receiving Party may not request paper copies for the purpose
`of reviewing the Source Code Material in the first instance;
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`The Receiving Party shall be permitted to make up to three (3) 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;
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`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
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`10
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`(m)
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`(n)
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`(o)
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`(p)
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`(q)
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`(r)
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`(s)
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`(t)
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`deposition, provided that the Party taking the deposition provides advance notice
`that the witness may be asked 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 a location that is
`not accessible to the public. 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);
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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) above
`to another person authorized under paragraph 12(i) above, on paper or removeable
`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. Except
`as provided in paragraphs 12(j) and 12(p), 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 if and as necessary to file, or serve a
`document electronically. For clarity, Source Code Material may only be
`transported electronically as set forth in paragraph 12(j) and 12(p) 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;
`
`The Receiving Party’s outside counsel or expert, or both, shall be entitled to take
`notes relating to the Source Code Material, but may not copy any Source Code
`Material into the notes. No copies of all or any portion of the Source Code Material
`may leave the room in which the Source Code Material 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”; and
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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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`11
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`2589
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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 HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY and/or HIGHLY
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`CONFIDENTIAL – SOURCE CODE
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`(collectively
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`“HIGHLY SENSITIVE
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`MATERIAL”), who accesses or otherwise learns, in whole or in part, the other Party’s
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`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 patent-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 Litigation and
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`for one year after its conclusion, including any appeals. Any attorney representing a Party,
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`whether in-house or outside counsel, and any person associated with a Party and permitted
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`to receive the other Party’s HIGHLY SENSITIVE MATERIAL, who accesses or
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`otherwise learns, in whole or in part, the other Party’s HIGHLY SENSITIVE MATERIAL
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`under this Order, shall not directly or indirectly draft, amend, or otherwise participate in
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`or advise on drafting or amending patent claims, of the patents-in-suit or any related
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`patents during a post-grant proceeding, including inter partes review proceedings, post-
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`grant review proceedings, and covered business method review proceedings, reissue, or
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`ex parte reexamination before the USPTO, or corresponding proceedings before any
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`foreign patent authority, on behalf of the Receiving Party or its acquirer, successor,
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`predecessor, or other affiliate during the pendency of this Litigation and for one year after its
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`conclusion, including any appeals. To avoid any doubt, the prohibitions provided in this
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`paragraph do not apply to an attorney representing a party in a post-grant proceeding if the
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`attorney is not involved in drafting or amending patent claims on behalf of a patent owner.
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`12
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`

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`Case 4:23-cv-01147-ALM Document 61 Filed 11/12/24 Page 13 of 22 PageID #:
`2590
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`To ensure compliance with the purpose of this provision, each Party shall create an “Ethical
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`Wall” between those persons who access HIGHLY SENSITIVE MATERIAL and any
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`individuals who, on behalf of the Party or its acquirer, successor, predecessor, or other
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`affiliate, prepare, prosecute, supervise or assist in the preparation or prosecution of any
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`patent application pertaining to the field of invention of the patent-in-suit.
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`14.
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`Absent agreement, Protected Material may not be exported outside the United States or
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`released to any foreign national (even if within the United States) unless the foreign
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`national (1) is a Green Card holder, (2) working in the United States pursuant to an H-1B
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`visa sponsored by the Receiving Party’s law firm, or (3) directly employed by the
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`Receiving Party’s law firm to provide support or legal representation to the firm’s clients
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`and who are otherwise unaffiliated with the Receiving Party. Should any Designated
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`Material be subject to export outside of the United States upon agreement of the Parties,
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`the Receiving Party shall comply with all applicable laws and regulations relating to the
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`export, and the Parties will meet and confer in good faith regarding the Designated
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`Material to be exported and identification of applicable laws and regulations. Receiving
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`Party agrees not to knowingly export, re-export, or transfer the Protected Material of the
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`Producing Party without first obtaining all required United States or other applicable
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`authorizations or licenses.
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`15.
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`Nothing in this Order shall require production of documents, information or other material
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`that a Party contends