Case 5:19-cv-00036-RWS Document 108-1 Filed 10/22/19 Page 1 of 5 PageID #: 4784
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TEXARKANA DIVISION
`
`
`MAXELL, LTD.,
`
`Plaintiff,
`
`v.
`
`APPLE INC.,
`
`Defendant.
`
`
`
`Civil Action No. 5:19-cv-00036
`
`JURY TRIAL DEMANDED
`
`SUPPLEMENTAL PROTECTIVE ORDER FOR INTEL CONFIDENTIAL
`INFORMATION
`
`WHEREAS, prior to the disclosure in this matter of its confidential information,
`non-party Intel Corporation (“Intel”) seeks protections in addition to those set forth in the
`Protective Order previously stipulated to by the Parties and entered by the Court. [Dkt.
`No. 45 (the “Protective Order”)]
`
`THEREFORE, it is hereby stipulated among the Parties and ORDERED pursuant
`to Fed. R. Civ. P. 26(c) that:
`
`A.
`
`Scope
`
`1.
`This Supplemental Protective Order sets forth additional restrictions
`governing the disclosure of Protected Material that constitutes or includes confidential or
`proprietary information or trade secrets of Intel (“Intel Protected Material”).
`
`2.
`Except as supplemented or amended herein, the provisions of the Protective
`Order will apply to Intel Protected Material. In the event of a conflict between the
`Protective Order and this Supplemental Protective Order, the terms of this Supplemental
`Protective Order will govern.
`
`3.
`Except as expressly stated otherwise, all terms used in this Supplemental
`Protective Order have the same meaning as used in the Protective Order.
`
`

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`Case 5:19-cv-00036-RWS Document 108-1 Filed 10/22/19 Page 2 of 5 PageID #: 4785
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`B.
`
`Designation of Intel Protected Material
`
`4.
`
`In supplementation to Paragraph 7 of the Protective Order:
`
`(a) A producing Party must designate Intel Protected Material as “INTEL
`CONFIDENTIAL,” “INTEL CONFIDENTIAL - ATTORNEYS’ EYES ONLY,” or
`“INTEL CONFIDENTIAL - OUTSIDE ATTORNEYS’ EYES ONLY - SOURCE
`CODE.” The respective protections provided in the Protective Order for materials
`designated “CONFIDENTIAL,” “CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” or
`“CONFIDENTIAL – ATTORNEYS’ EYES ONLY – SOURCE CODE” shall apply, as
`amended by this Supplemental Protective Order to Intel Protected Material.
`
`(b) Any portion of a transcript relating to Intel Protected Material shall be
`deemed “INTEL CONFIDENTIAL - OUTSIDE ATTORNEYS’ EYES ONLY -
`SOURCE CODE.” If a Party desires to modify that classification, it must provide a copy
`of the relevant portion of the transcript to Intel. Paragraph 13 of the Protective Order will
`govern any such requests.
`
`Additional Restrictions Concerning the Handling of Intel
`C.
`C.
`Source Code
`
`5. Where Intel is not the Producing Party, any request by a Receiving Party for
`printouts of Intel Source Code pursuant to Paragraph 11(c)(v) of the Protective Order,
`must be forwarded to Intel. On receipt of such request, Intel shall then have the rights of a
`“Producing Party” under that paragraph to object to the request.
`
`6.
`The printed copy sets of Intel Source Code must be kept at all times in the
`offices of Outside Counsel of the Receiving Party. They are prohibited from being kept,
`stored, or reviewed at the offices of the Receiving Party’s outside consultants or experts.
`On request by a Receiving Party, Intel will work with the Receiving Party to identify one
`or more offices of Intel’s outside counsel that could host printed copy sets for review by
`the outside consultants or experts.
`
`7.
`Items designated as INTEL CONFIDENTIAL - OUTSIDE ATTORNEYS’
`EYES ONLY - SOURCE CODE may be transported only by hand by a person authorized
`to have access under Paragraph 10 of the Protective Order. If an authorized person is
`taking that material on a flight, it must be carried on the plane and may not be checked.
`Intel Source Code Material may not be shipped by courier, such as Federal Express.
`
`D. Prosecution and Development Bars.
`
`8. With regard to persons who receive items designated “INTEL CONFIDENTIAL -
`ATTORNEYS’ EYES ONLY” or “INTEL CONFIDENTIAL - ATTORNEYS’ EYES’
`
`
`
`-2-
`
`
`
`

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`Case 5:19-cv-00036-RWS Document 108-1 Filed 10/22/19 Page 3 of 5 PageID #: 4786
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`ONLY SOURCE CODE,” the subject matter of the prosecution bar in Paragraph 6(b)(i)
`and (ii) of the Protective Order shall be “technology directed to 3G and 4G wireless
`modem protocol software and hardware for mobile handset.”
`
`9.
`The final sentence of Paragraph 6(b) will not apply to items designated “INTEL
`CONFIDENTIAL - ATTORNEYS’ EYES ONLY” or “INTEL CONFIDENTIAL -
`ATTORNEYS’ EYES’ ONLY SOURCE CODE.” Instead, for persons who receive such
`items, the prosecution bar will apply to patents, patent applications, specifications, and
`claims that claim priority prior to one year after the earlier of (a) the final resolution of
`this action, including all appeals and (b) the date on which Intel receives written notice
`that the person is withdrawing from the Protective Order and the Supplemental Protective
`Order and will no
`longer have access
`to any material designated “INTEL
`CONFIDENTIAL - ATTORNEYS’ EYES ONLY,” or “INTEL CONFIDENTIAL -
`OUTSIDE ATTORNEYS’ EYES ONLY SOURCE CODE,” as well as any materials that
`contain or disclose Intel Source Code Material.
`
`10. Before receiving items “INTEL CONFIDENTIAL - ATTORNEYS’ EYES
`ONLY” or “INTEL CONFIDENTIAL - ATTORNEYS’ EYES’ ONLY SOURCE
`CODE,” an outside consultant or expert or Shadow Juror must execute and deliver to
`Intel the “Certification of Outside Consultant” attached as Exhibit A agreeing not to
`perform hardware, software or product development work for commercial purposes on
`3G and 4G wireless modem protocol software and hardware for mobile handset until one
`year after the earlier of (a) the final resolution of this action, including all appeals and (b)
`the date on which Intel receives written notice that the person is withdrawing from the
`Protective Order and the Supplemental Protective Order and will no longer have access to
`any material designated “INTEL CONFIDENTIAL - ATTORNEYS’ EYES ONLY,” or
`“INTEL CONFIDENTIAL - OUTSIDE ATTORNEYS’ EYES ONLY SOURCE
`CODE,” as well as any materials that contain or disclose Intel Source Code Material.
`
`E.
`
`Other Provisions
`
`11. With regard to Intel Protected Material, the following terms shall include Intel
`even if Intel was not the party that produced that material:
`
`a.
`
`b.
`
`c.
`
`“Producing Party,” as used in Paragraph 6(b), 6(e)(iv), 7(d)(ii), 8(b)(ix),
`9(b)(ix), 10(b)(viii), 10(c)(viii), 12, 13(b), 15(a), 18(a), and 19(b) of the
`Protective Order.
`
`“the producing Party,” as used in Paragraph 6(c) of the Protective Order.
`
`“the Party,” as used in Paragraph 8(b)(iii), 9(b)(i), 9(b)(ii), 9(b)(vii),
`10(b)(i), 10(b)(ii), 10(b)(vi), 12(a)(iii), 12(b)(v), and 12(f).
`
`
`
`-3-
`
`
`
`

`

`Case 5:19-cv-00036-RWS Document 108-1 Filed 10/22/19 Page 4 of 5 PageID #: 4787
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`d.
`
`e.
`
`“the Parties,” as used in Paragraph 11(c)(v) and 12(e) of the Protective
`Order.
`
`“every Party who has produced such Discovery Material,” as used in
`Paragraph 14(a) of the Protective Order.
`
`12.
`To the extent that a Receiving Party is authorized under the Protective Order and
`this Supplemental Protective Order to transport or transmit electronic copies of Intel
`Designated Material, only the following methods may be used: (1) encrypted email using
`an encryption tool that has a passphrase of at least 20 characters in length and using at
`least 128-bit Advanced Encryption Standard (AES) cipher option; (ii) a secure FTP site
`that implements 256 bit AES encryption over SSL and utilizes access controls, and the
`files containing the information are encrypted using a key length of at least 20 characters
`and 256 bit AES encryption and are removed from the Secure FTP site within 3 days; and
`(iii) hand-delivery, where the data is stored on an encrypted hard-drive using at least AES
`128-bit hardware encryption algorithm and a removable hardware key or an RFID secured
`card.
`
`13. A Receiving Party that wants to file or otherwise submit Intel Designated Material
`must file the materials under seal and must immediately notify Intel.
`
`So Ordered.
`
`
`
`-4-
`
`
`
`

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`Case 5:19-cv-00036-RWS Document 108-1 Filed 10/22/19 Page 5 of 5 PageID #: 4788
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`
`
`Exhibit A
`
`CERTIFICATION OF OUTSIDE CONSULTANT
`REGARDING PROTECTIVE ORDER
`
`I, ___________________________, state:
`
`1.
`
`I have read the Supplemental Protective Order for Intel Confidential
`
`Information and understand and will abide by its terms.
`
`2.
`
`I agree not to perform hardware, software or product development work for
`
`commercial purposes on 3G and 4G wireless modem protocol software and hardware for
`
`mobile handset until one year after the earlier of (a) the final resolution of this action,
`
`including all appeals and (b) the date on which Intel receives written notice that I am
`
`withdrawing from the Protective Order and the Supplemental Protective Order and will
`
`no longer have access to any material designated “INTEL CONFIDENTIAL -
`
`ATTORNEYS’ EYES ONLY,” or “INTEL CONFIDENTIAL - OUTSIDE
`
`ATTORNEYS’ EYES ONLY SOURCE CODE,” as well as any materials that contain or
`
`disclose Intel Source Code Material.
`
`I state under penalty of perjury under the laws of the United States that the
`
`foregoing is true and correct.
`
`Executed on _________________, 20__. ______________________________
`
`Signature
`
`
`
`
`
`-5-
`
`
`
`