Case 5:19-cv-00036-RWS Document 74-1 Filed 09/05/19 Page 1 of 28 PageID #: 3864
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TEXARKANA DIVISION
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`Case No. 5:19-cv-0036-RWS
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`MAXELL, LTD.,
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`Plaintiff,
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`v.
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`APPLE INC.,
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`Defendant.
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`STIPULATED SUPPLEMENTAL PROTECTIVE ORDER BETWEEN
`NON-PARTY QUALCOMM INCORPORATED, PLAINTIFF, AND
`DEFENDANTS
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`WHEREAS, The Honorable Robert W. Schroeder III, United States District Judge, entered
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`a Protective Order to protect Party and Non-party confidential business information in the above
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`referenced action on July 2, 2019 (“Protective Order”); and
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`WHEREAS, [Plaintiff] (“Plaintiff”); [Defendants] (collectively “Defendants”) (together,
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`hereinafter referred to as “the Parties”); and Qualcomm Incorporated (“QUALCOMM”), a non-
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`party to this action, may produce confidential source code, schematics, and other documents in
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`this action that include or incorporate CONFIDENTIAL INFORMATION belonging to
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`QUALCOMM (“QUALCOMM Confidential Information”); and
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`WHEREAS the Parties and Non-Party QUALCOMM have agreed to provisions in addition
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`to those contained in the Protective Order to protect against misuse or disclosure of such
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`QUALCOMM Confidential Information;
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`WHEREFORE, IT IS HEREBY ORDERED that source code, schematics, or documents
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`that incorporate QUALCOMM Confidential Information produced in connection with the above-
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`captioned matters that are designated as “QUALCOMM – OUTSIDE ATTORNEYS’ EYES
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`ONLY” and “QUALCOMM – OUTSIDE ATTORNEYS’ EYES ONLY – CONFIDENTIAL
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`SOURCE CODE” shall be subject to the following restrictions:
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`I.
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`DEFINITIONS
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`1.
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`“QUALCOMM MATERIAL”: Confidential information (regardless of how
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`generated, stored, or maintained) or tangible things that include or incorporate Non-Party
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`QUALCOMM Confidential Information, that Non-Party QUALCOMM (i) would not normally
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`reveal to third parties except in confidence, or has undertaken with others to maintain in
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`confidence, (ii) believes in good faith is significantly sensitive, or (iii) protected by a right to
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`privacy under federal or state law, or any other applicable privilege or right related to
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`confidentiality or privacy. QUALCOMM MATERIAL includes all information, documents,
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`source code, schematics, testimony, and things produced, served, or otherwise provided in this
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`action by any Party or by Non-Party QUALCOMM, that include or incorporate QUALCOMM
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`Confidential Information.
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`2.
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`“QUALCOMM – OUTSIDE ATTORNEYS’ EYES ONLY” material:
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`information, documents, and things that include or incorporate QUALCOMM MATERIAL.
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`3.
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`“Source Code”: includes human-readable programming language text that defines
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`software, firmware, (collectively, “software Source Code”) and integrated circuits (“hardware
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`Source Code”). Text files containing Source Code shall hereinafter be referred to as “Source Code
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`files.” Software Source Code files shall include, but are not limited to, files containing Source
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`Code in “C,” “C++,” BREW, Java ME, J2ME, assembler, digital signal processor (DSP)
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`programming languages, and other human readable text programming languages. Software Source
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`Code files further include “.include files,” “make” files, “link” files, and other human-readable
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`text files used in the generation and/or building of software directly executed on a microprocessor,
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`micro-controller, or DSP. Hardware Source Code files include, but are not limited to, files
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`containing Source Code in VDHL, Verilog, and other Hardware Description Language (“HDL”)
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`formats, including but not limited to, Register Transfer Level (“RTL”) descriptions.
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`4.
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`“Chip-Level Schematics”: means symbolic representations of analog electric or
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`electronic circuits from which the physical structure of a chip is directly derived.
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`5.
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`“QUALCOMM – OUTSIDE ATTORNEYS’ EYES ONLY – CONFIDENTIAL
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`SOURCE CODE” Material: QUALCOMM MATERIAL that includes Source Code and Chip-
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`Level Schematics that constitute proprietary technical or commercially sensitive competitive
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`information that Non-Party QUALCOMM maintains as highly confidential in its business, the
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`disclosure of which is likely to cause harm to the competitive position of Non-Party
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`QUALCOMM. This includes Source Code and Chip-Level Schematics in the Producing Party’s
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`possession, custody, or control, and made available for inspection by the Producing Party.
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`6.
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`“Designated QUALCOMM Material”: material that is designated “QUALCOMM
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`– OUTSIDE ATTORNEYS’ EYES ONLY” or “QUALCOMM – OUTSIDE ATTORNEYS’
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`EYES ONLY – CONFIDENTIAL SOURCE CODE” under this Supplemental Protective Order.
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`7.
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`“Designated Source Code Material”: material that is designated “QUALCOMM –
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`OUTSIDE ATTORNEYS’ EYES ONLY – CONFIDENTIAL SOURCE CODE” under this
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`Supplemental Protective Order.
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`8.
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`“Personnel Retained by a Receiving Party in this Action” means any consultants,
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`experts, or outside counsel (including their support staff) that have been and continue to be retained
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`by a Receiving Party in this action. For the sake of clarity, any person who was retained by a
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`Receiving Party in this action will no longer fall under this definition if that person ceases to be
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`retained by a Receiving Party in this action.
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`9.
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`“Party” means any Party to the above-captioned action, including all of its officers,
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`directors, employees, consultants, retained experts, and all support staff thereof.
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`10.
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`“Producing Party” means a party or non-party that discloses or produces Designated
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`QUALCOMM Material in the above-captioned actions.
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`11.
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`“Receiving Party” a Party that receives Designated QUALCOMM Material from a
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`Producing Party in the above-captioned actions.
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`12.
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`“Authorized Reviewer(s)” shall mean persons authorized to review “QUALCOMM
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`– OUTSIDE ATTORNEYS’ EYES ONLY” and “QUALCOMM – OUTSIDE ATTORNEYS’
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`EYES ONLY – CONFIDENTIAL SOURCE CODE” material in accordance with this
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`Supplemental Protective Order and the Protective Order.
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`13.
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`“Counsel of Record”: (i) Outside Counsel who appears on the pleadings, or has
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`entered an appearance in this action, as counsel for a Party, and (ii) partners, principals, counsel,
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`associates, employees, and contract attorneys of such Outside Counsel to whom it is reasonably
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`necessary to disclose the information for this litigation, including supporting personnel employed
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`by the attorneys, such as paralegals, legal translators, legal secretaries, legal clerks and shorthand
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`reporters.
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`14.
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`“Outside Consultant”: a person with specialized knowledge or experience in a
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`matter pertinent to the litigation who has been retained by Counsel of Record to serve as an expert
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`witness or a litigation consultant in this action (including any necessary support personnel of such
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`person to whom disclosure is reasonably necessary for this litigation), and who is not a current
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`employee of a Party, of a competitor of a Party, or of Non-Party QUALCOMM, and who, at the
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`time of retention, is not anticipated to become an employee of, or a non-litigation consultant of:
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`1) a Party, 2) a competitor of a Party, 3) a competitor of Non-Party QUALCOMM, or of 4) Non-
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`Party QUALCOMM.
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`15.
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`“Professional Vendors”: persons or entities that provide litigation support services
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`(e.g., photocopying; videotaping; translating; designing and preparing exhibits, graphics, or
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`demonstrations; organizing, storing, retrieving data in any form or medium; etc.) and their
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`employees and subcontractors who have been retained or directed by Counsel of Record in this
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`action, and who are not current employees of a Party, a competitor of a Party, or of Non-Party
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`QUALCOMM, and who, at the time of retention, are not anticipated to become employees of: 1)
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`a Party, 2) a competitor of a Party, 3) a competitor of Non-Party QUALCOMM, or 4) Non-Party
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`QUALCOMM. This definition includes ESI vendors, and professional jury or trial consultants
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`retained in connection with this litigation to assist a Party, Counsel of Record, or any Outside
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`Consultant in their work. Professional vendors do not include consultants who fall within the
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`definition of Outside Consultant.
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`II.
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`RELATIONSHIP TO PROTECTIVE ORDER
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`16.
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`This Supplemental Protective Order shall not diminish any existing restriction with
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`respect to Designated QUALCOMM Material. The Parties and QUALCOMM acknowledge and
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`agree that this Supplemental Protective Order is a supplement to the Protective Order entered in
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`this action on July 2, 2019, in the United States District Court, Eastern District of Texas, in this
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`action. The Protective Order applies to all material designated pursuant to this Supplemental
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`Protective Order. To the extent that there is any confusion or conflict between protective orders
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`with respect to Designated QUALCOMM Material, then this Supplemental Protective Order
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`governs.
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`17.
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`In addition to the restrictions outlined in this Supplemental Protective Order,
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`material designated as “QUALCOMM – OUTSIDE ATTORNEYS’ EYES ONLY –
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`CONFIDENTIAL SOURCE CODE” shall be subject
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`to obligations with respect
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`to
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`“CONFIDENTIAL -OUTSIDE ATTORNEYS’ EYES ONLY – SOURCE CODE” materials
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`outlined in the Protective Order.
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`18.
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`In addition to the restrictions outlined in this Supplemental Protective Order,
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`material designated as “QUALCOMM – OUTSIDE ATTORNEYS’ EYES ONLY” shall be
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`subject to obligations with respect to “CONFIDENTIAL – ATTORNEYS’ EYES ONLY”
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`material outlined in the Protective Order.
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`III.
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`SCOPE
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`19.
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`The protections conferred by this Supplemental Protective Order cover not only
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`Designated QUALCOMM Material (as defined above), but also any information copied or
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`extracted therefrom, as well as all copies, excerpts, summaries, or compilations thereof. Nothing
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`herein shall alter or change in any way the discovery provisions of the Federal Rules of Civil
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`Procedure or any applicable local rules or General Orders. Identification of any individual
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`pursuant to this Supplemental Protective Order does not make that individual available for
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`deposition, or any other form of discovery outside of the restrictions and procedures of the Federal
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`Rules of Civil Procedure or any applicable rules or General Orders.
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`20.
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`This Supplemental Protective Order shall not prevent a disclosure to which Non-
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`Party QUALCOMM consents in writing before that disclosure takes place.
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`21.
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`This Supplemental Protective Order shall apply to all Designated QUALCOMM
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`Material that is produced or provided for inspection in this action, including all Designated
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`QUALCOMM Material that is in the possession, custody or control of QUALCOMM or any Party
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`in these actions, or that is otherwise relevant to these actions.
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`IV. ACCESS TO DESIGNATED QUALCOMM MATERIAL
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`22.
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`Access to “QUALCOMM – OUTSIDE ATTORNEYS’ EYES ONLY” Material:
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`Unless otherwise ordered by the Court or permitted in writing by Non-Party QUALCOMM, a
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`Receiving Party may disclose any information, document or thing designated “QUALCOMM –
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`OUTSIDE ATTORNEYS’ EYES ONLY” only to:
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`a.
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`Persons who appear on the face of Designated QUALCOMM Material as
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`an author, addressee or recipient thereof, or persons who have been
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`designated under FRCP 30(b)(6) to provide testimony on behalf of a
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`b.
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`c.
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`Producing Party;
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`Counsel of Record;
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`Outside Consultants of the Receiving Party to whom disclosure is
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`reasonably necessary for this litigation, and who have, after the date of this
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`Supplemental Protective Order, signed the “Acknowledgement And
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`Agreement To Be Bound By Supplemental Protective Order Governing
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`Confidential Information of Non-Party Qualcomm In This Case” attached
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`hereto as Exhibit A, and the “Certification Of Consultant Re Supplemental
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`Protective Order Governing Confidential Information of Non-Party
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`Qualcomm In This Case,” attached hereto as Exhibit B;
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`d.
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`Any designated arbitrator or mediator who is assigned to hear this matter,
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`or who has been selected by the Parties, and his or her staff; who have, after
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`the date of
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`this Supplemental Protective Order,
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`signed
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`the
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`“Acknowledgement And Agreement To Be Bound By Supplemental
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`Protective Order Governing Confidential Information of Non-Party
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`Qualcomm In This Case” attached hereto as Exhibit A, and the
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`“Certification Of Consultant Re Supplemental Protective Order Governing
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`Confidential Information of Non-Party Qualcomm In This Case,” attached
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`hereto as Exhibit B, as well as any arbitrator’s or mediator’s staff who have
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`also signed Exhibits A and B;
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`e.
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`Court reporters and videographers employed in connection with this action;
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`and
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`f.
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`Professional Vendors to whom disclosure is reasonably necessary for this
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`action, and a representative of which has signed the “Acknowledgement
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`And Agreement To Be Bound By Supplemental Protective Order
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`Governing Confidential Information of Non-Party Qualcomm In This Case”
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`attached hereto as Exhibit A, subject to the following exception:
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`Designated QUALCOMM Material shall not be disclosed to mock jurors
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`without Non-Party QUALCOMM’s express written consent;
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`g.
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`The Court, its personnel and the jury.
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`23.
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`Access to “QUALCOMM – OUTSIDE ATTORNEYS’ EYES ONLY –
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`CONFIDENTIAL SOURCE CODE” Material: Unless otherwise ordered by the Court or
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`permitted in writing by Non-Party QUALCOMM, a Receiving Party may disclose any
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`information, document, or thing designated “QUALCOMM – OUTSIDE ATTORNEYS’ EYES
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`ONLY – CONFIDENTIAL SOURCE CODE” only to:
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`a.
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`Persons who appear on the face of Designated QUALCOMM Material as
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`an author, addressee or recipient thereof, or persons who have been
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`designated under FRCP 30(b)(6) to provide testimony of behalf of a
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`b.
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`c.
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`Producing Party or Qualcomm regarding the same;
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`Counsel of Record;
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`Outside Consultants of the Receiving Party to whom disclosure is
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`reasonably necessary for this litigation, and who have, after the date of this
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`Supplemental Protective Order, signed the “Acknowledgement And
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`Agreement To Be Bound By Supplemental Protective Order Governing
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`Confidential Information of Non-Party Qualcomm In This Case” attached
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`hereto as Exhibit A, and the “Certification Of Consultant Re Supplemental
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`Protective Order Governing Confidential Information of Non-Party
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`Qualcomm In This Case,” attached hereto as Exhibit B;
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`d.
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`Any designated arbitrator or mediator who is assigned to hear this matter,
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`or who has been selected by the Parties, and his or her staff; who have, after
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`the date of
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`this Supplemental Protective Order,
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`signed
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`the
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`“Acknowledgement And Agreement To Be Bound By Supplemental
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`Protective Order Governing Confidential Information of Non-Party
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`Qualcomm In This Case” attached hereto as Exhibit A, and the
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`“Certification Of Consultant Re Supplemental Protective Order Governing
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`Confidential Information of Non-Party Qualcomm In This Case,” attached
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`hereto as Exhibit B, as well as any arbitrator’s or mediator’s staff who have
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`also signed Exhibits A and B, provided, however, that before such
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`disclosure, QUALCOMM is provided notice including: (a) the individual’s
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`name and business title; (b) business address; (c) business or professions;
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`and (d) the individual’s CV. QUALCOMM shall have five (5) business
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`days from receipt of the notice to object in writing to such disclosure (plus
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`three (3) extra days if notice is given other than by hand delivery, e-mail
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`delivery or facsimile transmission). After the expiration of the 5 business
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`days (plus 3 days, if appropriate) period, if no objection has been asserted,
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`then “QUALCOMM – OUTSIDE ATTORNEYS’ EYES ONLY –
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`CONFIDENTIAL SOURCE CODE” materials may be disclosed pursuant
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`to the terms of this Supplemental Protective Order;
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`e.
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`Court reporters and videographers employed in connection with this action,
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`subject to the provisions provided in subparagraph 32(g) herein;
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`f.
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`Professional Vendors to whom disclosure is reasonably necessary for this
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`action, and a representative of which has signed the “Acknowledgement
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`And Agreement To Be Bound By Supplemental Protective Order
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`Governing Confidential Information of Non-Party Qualcomm In This Case”
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`attached hereto as Exhibit A, subject to the following exception: Designated
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`QUALCOMM Material shall not be disclosed to mock jurors without Non-
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`Party QUALCOMM’s express written consent; and
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`g.
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`The Court, its personnel and the jury.
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`24.
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`Notwithstanding the Protective Order, unless otherwise ordered or agreed in
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`writing by Non-Party QUALCOMM, Designated QUALCOMM Material may not be disclosed to
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`employees of a Receiving Party, including its in-house attorneys and support staff.
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`25.
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`Notwithstanding the Protective Order, unless otherwise ordered or agreed in
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`writing by Non-Party QUALCOMM, Designated QUALCOMM Material may not be disclosed to
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`mock jurors.
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`26.
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`The Parties acknowledge that Designated QUALCOMM Material also may be
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`subject to the US government export control and economic sanctions laws (“Export Controlled
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`Information”), including the Export Administration Regulations (“EAR”, 15 CFR 730 et seq.,
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`http://www.bis.doc.gov/ ) administered by the Department of Commerce, Bureau of Industry and
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`Security, and
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`the Foreign Asset Control Regulations
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`(31 CFR 500 et
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`seq.,
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`http://www.treas.gov/offices/enforcement/ofac/) administered by the Department of Treasury,
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`Office of Foreign Assets Control (“OFAC”). Receiving Parties may not directly or indirectly
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`export, re-export, transfer or release (collectively, “Export”) any Designated QUALCOMM
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`Material to any destination, person, entity or end use prohibited or restricted under US law without
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`prior US government authorization to the extent required by regulation. The US government
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`maintains embargoes and sanctions against the countries listed in Country Groups E:1/2 of the
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`EAR (Supplement 1 to part 740) Export Controlled Information disclosed in this action will be
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`used only for the purposes of this action. Outside Counsel or other individuals authorized to
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`receive Export Controlled Information will not disclose, export, or transfer, in any manner, Export
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`Controlled Information to any foreign person except as permitted by U.S. law, and will not
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`transport any such document outside of U.S. territory, without prior written approval of the Bureau
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`of Industry and Security or other appropriate U.S. government department or agency, except as
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`permitted by U.S. law.
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`27.
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`Receiving Party may host “QUALCOMM – OUTSIDE ATTORNEYS’ EYES
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`ONLY” Material only on either 1) any system inside the firewall of a law firm representing the
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`Receiving Party, or 2) inside the system of a professional ESI Vendor retained by Counsel of
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`Record of the Receiving Party. “QUALCOMM – OUTSIDE ATTORNEYS’ EYES ONLY”
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`Material also cannot be sent or transmitted to any person, location, or vendor outside of the United
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`States except to Counsel of Record and Outside Consultants designated pursuant to subparagraphs
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`22(c) and 23(c) above. To the extent that any “QUALCOMM – OUTSIDE ATTORNEYS’ EYES
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`ONLY” Material is transmitted from or to authorized recipients outside of the Receiving Party’s
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`Outside Counsel’s office, or outside of the ESI Vendor’s system, the transmission shall be by hand
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`(and encrypted if in electronic format), by a secure transport carrier (e.g., Federal Express), or by
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`secure electronic means, such as email using an encrypted password protected container (other
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`than Trucrypt), or download via secure FTP. “QUALCOMM – OUTSIDE ATTORNEYS’ EYES
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`ONLY – CONFIDENTIAL SOURCE CODE” may not be transmitted by electronic means;
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`however, this should not be understood to prohibit the electronic transmittal of testifying experts’
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`expert reports or drafts, court filings, and trial demonstratives, thereof that may refer to
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`QUALCOMM – OUTSIDE ATTORNEYS’ EYES ONLY – CONFIDENTIAL SOURCE CODE,
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`subject to the limitations set forth in Section 32(g) herein, and as long as such electronic transmittal
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`is by secure electronic means, such as email using an encrypted password protected container
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`(other than Trucrypt), or download via secure FTP. Court filings containing QUALCOMM –
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`OUTSIDE ATTORNEYS’ EYES ONLY and QUALCOMM – OUTSIDE ATTORNEYS’ EYES
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`ONLY – CONFIDENTIAL SOURCE CODE may be submitted via the Court’s ECF filing system
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`subject to the limitations set forth in Section 32(g) herein.
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`28.
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`Each person to whom Designated QUALCOMM Material may be disclosed, and
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`who is required to sign the “Acknowledgement And Agreement To Be Bound By Supplemental
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`Protective Order Governing Confidential Information of Non-Party Qualcomm In This Case”
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`attached hereto as Exhibit A and, if applicable, the “Certification Of Consultant Re Supplemental
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`Protective Order Governing Confidential Information of Non-Party Qualcomm In This Case,”
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`attached hereto as Exhibit B, shall do so, prior to the time such Designated QUALCOMM Material
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`is disclosed to him or her. Counsel for the Receiving Party who makes any disclosure of
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`Designated QUALCOMM Material shall retain each original executed certificate and, upon
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`written request, shall provide copies to counsel for Non-Party QUALCOMM at the termination of
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`this action.
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`29.
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`Absent written permission from Non-Party QUALCOMM, persons not permitted
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`access to Designated QUALCOMM Material under the terms of this Supplemental Protective
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`Order shall not be present at depositions while Designated QUALCOMM Material is discussed or
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`otherwise disclosed. Pre-trial and trial proceedings shall be conducted in a manner, subject to the
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`supervision of the Court, to protect Designated QUALCOMM Material from disclosure to persons
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`not authorized to have access to such Designated QUALCOMM Material. Any Party intending to
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`disclose or discuss Designated QUALCOMM Material at pretrial or trial proceedings must give
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`advance notice to the Producing Party to assure the implementation of the terms of this
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`Supplemental Protective Order.
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`V.
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`ACCESS BY OUTSIDE CONSULTANTS
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`30.
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`Notice. If a Receiving Party wishes to disclose Designated QUALCOMM Material
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`to any Outside Consultant, Receiving Party must, prior to the Outside Consultant being granted
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`access to any Designated QUALCOMM Material, provide notice to counsel for Non-Party
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`QUALCOMM, which notice shall include: (a) the individual’s name and business title; (b) country
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`of citizenship; (c) business address; (d) business or profession; (e) the individual’s CV; (f) any
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`previous or current relationship (personal or professional) with Non-Party QUALCOMM or any
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`of the Parties to this action; (g) a list of other cases in which the individual has testified (at trial or
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`deposition) within the last six years; (h) a list of all companies with which the individual has
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`consulted or by which the individual has been employed within the last four years, the dates of the
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`consultancy or employment, a brief description of the subject matter of the consultancy or
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`employment, and (i) copies of the “Acknowledgement and Agreement To Be Bound By
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`Supplemental Protective Order Governing Confidential Information of Non-Party Qualcomm In
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`This Case,” attached as Exhibit A, and the “Certification Of Consultant Re Supplemental
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`Protective Order Governing Confidential Information of Non-Party Qualcomm In This Case,”
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`attached hereto as Exhibit B, that have both been signed by that Outside Consultant.
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`31. Objections. With respect to Outside Consultants that have not been previously
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`disclosed to Non-Party QUALCOMM, Non-Party QUALCOMM shall have five (5) business
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`days, starting from the first business day following the date upon which Receiving Party provides
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`the notice and all information required by paragraph 30 to the Producing Party, to object for good
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`cause in writing to such disclosure (plus three (3) extra days if notice is given in any manner other
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`than by hand delivery, e-mail delivery or facsimile transmission). After the expiration of the 5
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`business days (plus 3-days, if appropriate) period, if no objection for good cause has been asserted
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`by Non-Party QUALCOMM, then Designated QUALCOMM Material may be disclosed to the
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`Outside Consultant pursuant to the terms of this Supplemental Protective Order. Any objection
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`by Non-Party QUALCOMM must be made for good cause, and must set forth in detail the grounds
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`on which it is based. Should Receiving Party disagree with the basis for the objection(s), Receiving
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`Party must first attempt to resolve the objection(s) informally with Non-Party QUALCOMM. If
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`the informal efforts do not resolve the dispute within five (5) business days from the date upon
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`which Receiving Party was first notified of any objection for good cause by Non-Party
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`QUALCOMM, Receiving Party may file a motion requesting that the objection(s) be quashed after
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`that five (5) day period has passed. Non-Party Qualcomm shall have the burden of proof by a
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`preponderance of the evidence on the issue of the sufficiency of the objection(s). Pending a ruling
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`by the Court upon any such objection(s), or the subsequent resolution of the objection for good
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`cause by Receiving Party and Non-Party QUALCOMM, the discovery material shall not be
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`disclosed to the person objected to by Non-Party QUALCOMM.
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`VI.
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`PRODUCTION OF QUALCOMM – OUTSIDE ATTORNEYS’ EYES ONLY –
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`CONFIDENTIAL SOURCE CODE MATERIAL
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`32.
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`Non-Party QUALCOMM’s Source Code and Chip-Level Schematics:
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`a.
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`To the extent that a Producing Party makes Non-Party QUALCOMM’s
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`Source Code or Chip-Level Schematics available for
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`inspection:
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`
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`(i) The Producing Party shall make all relevant and properly
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`requested Non-Party QUALCOMM Source Code available electronically
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`and in text searchable form (1) if produced by Non-Party QUALCOMM, in
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`a separate room at a secure facility selected by Non-Party QUALCOMM or
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`(2) if produced by Defendants, at the offices of Counsel of Record for the
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`producing Defendant or at a secure facility approved by QUALCOMM.
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`The Producing Party shall make the Source Code available for inspection
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`on a stand-alone, non-networked personal computer running a reasonably
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`current version of the Microsoft Windows operating system (“Source Code
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`Computer”). Alternatively, solely at the option of the Producing Party, the
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`Producing Party may make such source code available on a Source Code
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`
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`

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`Case 5:19-cv-00036-RWS Document 74-1 Filed 09/05/19 Page 14 of 28 PageID #: 3877
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`Computer that is networked, in a configuration deemed secure by Non-Party
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`QUALCOMM. The Source Code Computer shall be configured to permit
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`review of the Source Code through a password-protected account having
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`read-only access. To facilitate review of the Source Code at the secure
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`facility, the Receiving Party may use appropriate tool software on the
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`Source Code Computer, which shall be installed by the Producing Party,
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`including at least one text editor like Visual Slick Edit that is capable of
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`printing out Source Code with page and/or line numbers, a source code
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`comparison tool like Winmerge, and at least one multi-text file text search
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`tool such as “grep.” Should it be necessary, other mutually agreed upon
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`tools may be used. Licensed copies of other mutually agreed upon tool
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`software shall be installed on the Source Code Computer by the Producing
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`Party and paid for by the Receiving Party.
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`(ii) The Producing Party shall make all relevant and properly requested
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`Chip-Level Schematics available for inspection electronically on the Source
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`Code Computer in a secure room at a secure facility selected by Non-Party
`
`QUALCOMM. The Producing Party shall ensure that the Source Code
`
`Computer includes software sufficient to allow a user to view such
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`electronic Chip-Level Schematics.
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`b.
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`The Producing Party shall provide access to the Source Code Computer
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`during the normal operating hours of the secure facility.
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`c.
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`The Source Code Computer shall be equipped to allow printing of the
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`Source Code and Chip-Level Schematics made available for inspection by
`
`the Producing Party. Copies of Source Code and Chip-Level Schematics
`
`shall only be made on watermarked pre-Bates numbered paper, which shall
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`be provided by the Producing Party. Under no circumstances are original
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`printouts of the Source Code or Chip-Level Schematics to be made except
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`

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`Case 5:19-cv-00036-RWS Document 74-1 Filed 09/05/19 Page 15 of 28 PageID #: 3878
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`for directly onto the watermarked and numbered sides of the paper provided
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`by the Producing Party. Additionally, the Receiving Party may not print
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`any continuous block of source code that results in more than 50
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`consecutive printed pages, except that Authorized Reviewer(s) may request
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`the printing of a continuous block of more than 50 pages, which request
`
`shall not be unreasonably denied by the Producing Party. Counsel for the
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`Producing Party will keep the original printouts, and shall provide copies of
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`such original printouts to counsel for the Receiving Party within seven (7)
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`days of (1) any request by the Receiving Party, or (2) otherwise being
`
`notified that such original printouts have been made or designated. Counsel
`
`of Record for the Receiving Party may request up to 10 copies of each
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`original printout of Source Code or Chip-Level Schematics. No more than
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`10% or 500 pages of the total Source Code (not including copies of original
`
`printouts) whichever is greater, for any software release (or in the case of
`
`hardware Source Code, for any hardware product), no more than 500 pages
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`of Chip-Level Schematics, and no continuous blocks of Source Code or
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`Chip-Level Schematics that exceed 50 pages, may be in printed form at any
`
`one time, without the express written consent of Non-Party QUALCOMM,
`
`which shall not be unreasonably denied. All printed Source Code and Chip-
`
`Level Schematics shall be logged by Receiving Party’s Counsel of Record
`
`and/or other Personnel Retained by a Receiving Party in this action as noted
`
`in subparagraph 32 (i) below. No additional electronic copies of the Source
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`Code or Chip-Level Schematics shall be provided by the Producing Party.
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`Hard copies of the Source Code or Chip-Level Schematics also may not be
`
`converted into an electronic document, and may not be scanned using
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`optical character recognition (“OCR”) technology. Only printouts of
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`Source Code and Chip-Level Schematics may be made, and such printouts
`
`

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`Case 5:19-cv-00036-RWS Document 74-1 Filed 09/05/19 Page 16 of 28 PageID #: 3879
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`
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`must include (1) directory path information and filenames from which the
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`Source Code and Chip-Level Schematics came and (2) line numbers. The
`
`Producing Party may refuse to provide copies of Source Code and Chip-
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`Level Schematics printouts that fail to comply with this section.
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`d.
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`Authorized Reviewer(s) in this action shall not print Source Code or Chip-
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`Level Schematics which have not been reviewed on the Source Code
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`Computer, or in order to review the Source Code or Chip-Level Schematics
`
`elsewhere in the first instance, i.e., as an alternative to reviewing that Source
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`Code or Chip-Level Schematics electronically on the Source Code
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`Computer,