Case 6:20-cv-01131-ADA Document 73-1 Filed 11/05/21 Page 1 of 25
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`)
`STRATOSAUDIO INC.,
`)
`
`)
`
`Plaintiff,
`)
`v.
`)
`
`)
`HYUNDAI MOTOR AMERICA,
`)
`
`
`)
`Defendant.
`)
`
`)
`STRATOSAUDIO INC.,
`)
`
`)
`
`Plaintiff,
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`v.
`)
`
`)
`MAZDA MOTOR OF AMERICA, INC.,
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`
`)
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`Defendant.
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`
`)
`STRATOSAUDIO INC.,
`)
`
`)
`
`Plaintiff,
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`v.
`)
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`)
`SUBARU OF AMERICA, INC.,
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`
`)
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`Defendant.
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`
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`STRATOSAUDIO INC.,
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`
`)
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`Plaintiff,
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`v.
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`VOLVO CARS USA, LLC,
`)
`
`)
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`Defendant.
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`
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`STRATOSAUDIO INC.,
`)
`
`)
`
`Plaintiff,
`)
`v.
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`
`)
`VOLKSWAGEN GROUP OF
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`AMERICA, INC.,
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`
`
`)
`Defendant.
`__________________________________________)
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`1
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` 
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`Case No. 6:20-cv-01125-ADA
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`Case No. 6:20-cv-1126-ADA
`
`
`Case No. 6:20-cv-1128-ADA
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`
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`
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`Case No. 6:20-cv-1129-ADA
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`
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`Case No. 6:20-cv-01131-ADA
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`Case 6:20-cv-01131-ADA Document 73-1 Filed 11/05/21 Page 2 of 25
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`AGREED PROTECTIVE ORDER
`REGARDING THE DISCLOSURE AND USE OF DISCOVERY MATERIAL 
`WHEREAS, Plaintiff StratosAudio Inc. and Defendants Hyundai Motor America, Mazda
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`Motor of America, Inc., Subaru of America, Inc., Volvo Cars USA, LLC, and Volkswagen Group
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`of America, Inc. (collectively “Defendants”) hereafter referred to as “the Parties,” believe that
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`certain information that is or will be encompassed by discovery demands by the Parties involves
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`the production or disclosure of trade secrets, confidential business information, or other
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`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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`THEREFORE, it is hereby stipulated among the Parties and ORDERED that:
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`Definitions governing this protective order are as follows:
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`(a) “Discovery Material” means all items or information, including from any non-
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`party, regardless of the medium or manner generated, stored, or maintained
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`(including among other things, testimony, transcripts, or tangible things) that are
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`produced, disclosed or generated in connection with discovery or Rule 26(a)
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`disclosures in this case.
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`(b) “Outside Counsel” means (i) outside counsel who appear on the pleadings as
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`counsel for a Party and (ii) partners, associates, and staff of such counsel to whom
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`it is reasonably necessary to disclose the information for this litigation.
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`(c) “Patents-in-suit” means U.S. Patent Nos. 8,166,081; 8,688,028; 8,903,307;
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`9,294,806; 9,335,405; 9,584,843 and any other patent asserted in this action, as well
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`as any related patents, patent applications, provisional patent applications,
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`continuations, and/or divisionals.
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`2
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`1.
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`Case 6:20-cv-01131-ADA Document 73-1 Filed 11/05/21 Page 3 of 25
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`(d) “Party” means any party to this case, including all of its officers, directors,
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`employees, consultants, retained experts, and Outside Counsel and their support
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`staffs.
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`(e) “Producing Party” means any Party or entity that discloses or produces any
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`Discovery Material in this case. “Designating Party” means the entity making a
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`designation for any Discovery Material, whether the Producing Party or not.
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`(f) “Protected Material” means any Discovery Material that is designated as
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`“CONFIDENTIAL,” “CONFIDENTIAL – ATTORNEYS’ EYES ONLY,”
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`“CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY,” or
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`“CONFIDENTIAL – SOURCE CODE,” as provided for in this Order.
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`(g) HIGHLY SENSITIVE MATERIAL means Protected Material that is designated
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`CONFIDENTIAL – ATTORNEYS’ EYES ONLY, CONFIDENTIAL –
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`OUTSIDE ATTORNEYS’ EYES ONLY, and/or CONFIDENTIAL – SOURCE
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`CODE.
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`(h) “Receiving Party” means any Party who receives Discovery Material from a
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`Producing Party.
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`(i) “Source Code Material” means computer code, scripts, assembly, binaries, object
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`code, source code listings and descriptions of source code, object code listings and
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`descriptions of object code, Hardware Description Language (HDL) or Register
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`Transfer Level (RTL) files that describe the hardware design of any ASIC or other
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`chip (including VHDL, Verilog, and any other HDL formats), physical layout files
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`such as Computer Aided Design (CAD) files that describe the hardware design of
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`any component, native electronic graphic database systems (GDS) layout files, any
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`Case 6:20-cv-01131-ADA Document 73-1 Filed 11/05/21 Page 4 of 25
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`other files or formats that can be used to fabricate integrated circuit chips, and
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`component-level schematics for circuit blocks.
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`2.
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`Each Designating Party may designate as Protected Material under this Order any document,
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`information, or material that constitutes or includes, in whole or in part, confidential,
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`proprietary, or commercially sensitive information or trade secrets of the Party, or of a Third
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`Party to whom the Party reasonably believes it owes an obligation of confidentiality with
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`respect to such document, information, or material. Protected Material shall be designated
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`by the Party Designating it as described below.
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`3.
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`Written discovery, documents (which includes “electronically stored information” as that
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`phrase is used in Federal Rule of Procedure 34), and tangible things that meet the
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`requirements for any of the confidentiality designations listed in Paragraphs 1(f) or 5 may
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`be designated by placing the appropriate designation clearly on each page of the Protected
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`Material for which such protection is sought prior to production. For digital files being
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`produced, the Producing Party may mark each viewable page or image with the appropriate
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`designation, and mark the medium, container, and/or communication in which the digital
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`files were contained. In the event that original documents are produced for inspection, the
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`original documents shall be presumed “CONFIDENTIAL – ATTORNEYS’ EYES
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`ONLY” during the inspection and redesignated as appropriate during the copying process.
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`(a) Where electronic files and documents are produced in native electronic format,
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`such electronic files and documents shall be designated for production under this
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`Order by appending to the file names or designators information indicating the
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`appropriate designation, or shall use any other reasonable method for so designating
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`Protected Materials produced in electronic format. When electronic files or
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`Case 6:20-cv-01131-ADA Document 73-1 Filed 11/05/21 Page 5 of 25
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`documents are printed for use at deposition, in a court proceeding, or for provision
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`in printed form to an expert or consultant pre-approved pursuant to this Order, the
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`party printing the electronic files or documents shall affix a legend to the printed
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`document corresponding to the designation of the Designating Party and including
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`the production number and designation associated with the native file.
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`(b) For deposition and hearing transcripts, a designation of Protected Material shall be
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`placed on the cover page of the transcript (if not already present on the cover page
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`of the transcript when received from the court reporter) by each attorney receiving
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`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 Protected Material.
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`4.
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`Any document produced before issuance of this Order, including pursuant to the Court’s
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`Order Governing Proceedings – Patent Case, with the designation “confidential” or with
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`some other confidential designation (such as “Confidential – Outside Attorneys Eyes
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`Only”) shall receive the same treatment as if designated “CONFIDENTIAL – OUTSIDE
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`ATTORNEYS’ EYES ONLY” under this Order, unless and until such document is re-
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`designated to have a different classification under this Order.
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`5.
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`With respect to documents, information, or material designated “CONFIDENTIAL,”
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`“CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” “CONFIDENTIAL – OUTSIDE
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`ATTORNEYS’ EYES ONLY,” or “CONFIDENTIAL – SOURCE CODE”
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`(“DESIGNATED MATERIAL”),1 subject to the provisions herein and unless otherwise
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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,” “CONFIDENTIAL – ATTORNEYS’ EYES
`ONLY,” “CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY,” or “CONFIDENTIAL
`– SOURCE CODE,” individually and collectively.
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`5
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`Case 6:20-cv-01131-ADA Document 73-1 Filed 11/05/21 Page 6 of 25
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`stated, this Order governs, without limitation: (a) all documents, electronically stored
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`information, and/or things as defined by the Federal Rules of Civil Procedure; (b) all
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`pretrial, hearing or deposition testimony, or documents marked as exhibits or for
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`identification in depositions and hearings; (c) pretrial pleadings, exhibits to pleadings and
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`other court filings; (d) affidavits; and (e) stipulations. All copies, reproductions, extracts,
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`digests, and complete or partial summaries prepared from any DESIGNATED
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`MATERIALS shall also be considered DESIGNATED MATERIAL and treated as such
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`under this Order.
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`6.
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`A designation of Protected Material (i.e., “CONFIDENTIAL,” “CONFIDENTIAL –
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`ATTORNEYS’ EYES ONLY,” “CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES
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`ONLY,” or “CONFIDENTIAL – SOURCE CODE”) may be made at any time. Inadvertent
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`or unintentional production of documents, information, or material that has not been
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`designated as DESIGNATED MATERIAL shall not be deemed a waiver in whole or in part
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`of a claim for confidential treatment. Any Party that inadvertently or unintentionally
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`produces Protected Material without designating it as DESIGNATED MATERIAL may
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`request destruction of that Protected Material by notifying the recipient(s) as soon as
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`reasonably possible after the Producing Party becomes aware of the inadvertent or
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`unintentional disclosure. The recipient(s) shall then destroy all copies of the inadvertently or
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`unintentionally produced Protected Materials and any documents, information, or material
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`derived from or based thereon. The Producing Party shall provide replacement
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`discoverable Protected Material that is properly designated as soon as it is reasonably
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`possible to do so. The Parties obligations set forth herein are not to intended to contradict
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`the Parties’ responsibilities set forth in Fed. R. Civ. P. 26(b)(5)(B).
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`Case 6:20-cv-01131-ADA Document 73-1 Filed 11/05/21 Page 7 of 25
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`7.
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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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`or upon order of the Court:
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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 Action for the Parties.
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`Employees of such counsel assigned to and reasonably necessary to assist such
`counsel in the litigation of this Action.
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`In-house counsel for the Parties who either have responsibility for making decisions
`dealing directly with the litigation of this Action, or who are assisting outside
`counsel in the litigation of this Action.
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`Up to and including two designated representatives of each of the Parties who are
`officers or employees of the Receiving Party, who may be, but need not be, in-
`house counsel for the Receiving Party, as well as their immediate paralegals and
`staff to whom disclosure is reasonably necessary for the litigation of this Action.
`Any Party may in good faith request the other Party’s consent to designate
`one or more additional representatives, the other Party shall not unreasonably
`withhold such consent, and the requesting Party may seek leave of Court to
`designate such additional representative(s) if the requesting Party believes the
`other Party has unreasonably withheld such consent.
`
`Outside consultants or experts retained for the purpose of this litigation, provided
`that: (1) such consultants or experts are not presently employed by the Parties or
`of an affiliate or competitor of a Party hereto for purposes other than this Action,
`nor anticipated at the time of retention to become an officer, director or employee
`of a Party or competitor of a Party; (2) such consultants or experts access the
`materials in the United States only and do not transport them to or access them from
`any foreign jurisdiction; (3) before access is given, the consultant or expert has
`completed the Undertaking attached as Appendix A hereto and the same is served
`upon the producing Party with: (i) a current curriculum vitae of the consultant or
`expert, (ii) a list of other cases in which the individual has provided a report or
`testified (at trial or deposition), (iii) a list of companies that the individual has been
`employed by or provided consulting services for within the last five years,
`including but not limited to an identification of any individual or entity with or
`from whom the expert or consultant provides consulting services relating to the
`design, development, operation , or patenting of devices relating to the field of the
`patents-in-suit and a brief description of the subject matter of the consultancy or
`employment, (iv) an identification of all pending patent applications on which the
`expert or consultant is named as an inventor, in which the expert or consultant has
`any ownership interest, or as to which the expert or consultant anticipates any
`future involvement. The foregoing shall be served upon the Producing party at
`least ten (10) days before access to the Protected Material is to be given to that
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`7
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`Case 6:20-cv-01131-ADA Document 73-1 Filed 11/05/21 Page 8 of 25
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`consultant or expert to object to and notify the receiving Party in writing that it
`objects to disclosure of Protected Material to the consultant or expert. The Parties
`agree to promptly confer and use good faith to resolve any such objection. If the
`Parties are unable to resolve any objection, the objecting Party may file a motion
`with the Court within fifteen (15) days of receipt 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.
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`Independent litigation support services, including persons working for or as court
`reporters, graphics or design services, jury or trial consulting services, and
`photocopy, document imaging, and database services retained by counsel and
`reasonably necessary to assist counsel with the litigation of this Action.
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`(f)
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`(g)
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`(h)
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`The Court and its personnel.
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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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`(i) 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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`A Designating Party may designate documents,
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`information, or material as
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`“CONFIDENTIAL” only upon a good faith belief that the documents, information, or
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`material contains confidential, commercially sensitive, or proprietary information of the
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`Designating Party, or of any other entity to whom the Designating Party reasonably
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`believes it owes an obligation of confidentiality with respect to such documents,
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`information, or material.
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`8.
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`9.
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`Documents, information, or material produced pursuant to any discovery request in this
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`Action, including but not limited to Protected Material designated as DESIGNATED
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`MATERIAL, shall be used by the Parties only in the litigation of this Action and shall not
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`be used for any other purpose. Any person or entity who obtains access to DESIGNATED
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`MATERIAL or the contents thereof pursuant to this Order shall not make any copies,
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`Case 6:20-cv-01131-ADA Document 73-1 Filed 11/05/21 Page 9 of 25
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`duplicates, extracts, summaries, or descriptions of such DESIGNATED MATERIAL or any
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`portion thereof except as may be reasonably necessary in the litigation of this Action. Any
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`such copies, duplicates, extracts, summaries, or descriptions shall be classified
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`DESIGNATED MATERIALS and subject to all of the terms and conditions of this Order.
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`10.
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`To the extent a Producing Party believes that certain Protected Material qualifying to be
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`designated CONFIDENTIAL is so sensitive that its dissemination deserves even further
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`limitation, the Producing Party may designate such Protected Material “CONFIDENTIAL
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`– ATTORNEYS’ EYES ONLY.” The Parties agree that the following information, if non-public,
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`shall be presumed to merit the “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” designation:
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`trade secrets, pricing information, financial data, sales information, sales or marketing forecasts or
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`plans, business plans, sales or marketing strategy, product development information, engineering
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`documents, testing documents, employee information, and other non-public information of similar
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`competitive and business sensitivity. To the extent such Protected Material includes computer
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`code, scripts, assembly, binaries, object code, source code listings and descriptions of
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`source code, object code listings and descriptions of object code, Hardware Description
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`Language (HDL) or Register Transfer Level (RTL) files that describe the hardware design
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`of any ASIC or other chip, Computer Aided Design (CAD) files that describe the hardware
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`design of any component, native electronic graphic database systems (GDS) layout files,
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`and/or live data (that is, data as it exists residing in a database or databases) (“Source Code
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`Material”),
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`the Producing Party may designate such Protected Material as
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`“CONFIDENTIAL – SOURCE CODE.”
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`11.
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`For Protected Material designated CONFIDENTIAL – ATTORNEYS’ EYES ONLY and
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`CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY, access to, and disclosure
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`Case 6:20-cv-01131-ADA Document 73-1 Filed 11/05/21 Page 10 of 25
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`of, such Protected Material shall be limited to individuals listed in paragraphs 7(a–b) and
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`7(e–h); provided, however, that the Designating Party shall accommodate reasonable
`
`requests to provide summary information to persons designated pursuant to paragraphs 7(c)
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`and 7(d) and reasonably require access to such information.
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`12.
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`For Protected Material designated CONFIDENTIAL – SOURCE CODE, the same
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`restrictions set forth for Protected Material designated CONFIDENTIAL – OUTSIDE
`
`ATTORNEYS’ EYES ONLY apply.2 The following additional restrictions apply:
`
`(a)
`
`(b)
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`
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`(c)
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`(d)
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`
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`Access to a Producing Party’s Source Code Material shall be provided only on
`“stand-alone” computer(s) (that is, the computer may not be linked to any network,
`including a local area network (“LAN”), an intranet or the Internet) in a secure
`room (the “Source Code Computer” in the “Source Code Review Room”). The
`Source Code Computer may be connected to a printer solely for the limited
`purposes permitted pursuant to paragraphs 12(j) below and may otherwise have all
`access ports disabled, as necessary and appropriate to prevent and protect against
`any unauthorized copying, transmission, removal, or other transfer of any Source
`Code Material outside or away from the Source Code Computer.
`
`Any Source Code that is produced by Plaintiff shall be made available for
`inspection in electronic format at the Palo Alto office of its outside counsel White
`& Case LLP, or any other location mutually agreed by the Parties. Any Source
`Code that is produced by Defendants will be made available for inspection at the
`office of the producing Defendant or their respective counsel of record, or any
`other location mutually agreed by the Parties.
`
`Source Code will be made available during normal business hours, which for
`purposes of this paragraph shall be 9:00 a.m. through 5:00 p.m. on business days
`(i.e., weekdays that are not Federal holidays). Once the Producing Party notifies
`the Receiving Party that the Source Code is available for inspection, the Receiving
`Party shall provide seven days’ notice prior to the first inspection. The Receiving
`Party shall provide three business days’ notice prior to any additional inspections.
`
`The Producing Party shall provide the Receiving Party with information explaining
`how to start, log on to, and operate the stand-alone computer(s) in order to access the
`produced Source Code Material on the stand-alone computer(s).
`
`(e)
`The Producing Party will produce Source Code Material in computer searchable
`                                                            
`2 Nothing in this Order shall be construed as a representation or admission that Source Code is
`properly discoverable in this action or to obligate any Party to produce any Source Code.
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`Case 6:20-cv-01131-ADA Document 73-1 Filed 11/05/21 Page 11 of 25
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`
`
`(f)
`
`(g)
`
`(h)
`
`(i)
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`format on the stand-alone computer(s) as described above.
`
`The Producing Party shall install tools that are reasonably sufficient for viewing
`and searching the code produced, on the platform produced. The Receiving Party’s
`outside counsel and/or experts may request that commercially available software
`tools for viewing and searching Source Code be installed on the secured computer,
`provided, however, that (a) the Receiving Party possesses an appropriate license to
`such software tools; (b) the Producing Party approves such software tools; and (c)
`such other software tools are reasonably necessary for the Receiving Party to
`perform its review of the Source Code consistent with all of the protections herein.
`The Producing Party shall not unreasonably withhold such approval, and the
`Receiving Party may seek leave of Court to order the Producing Party to install
`such tools if the Receiving Party believes the other Party has unreasonably
`withheld such approval. The Receiving Party must provide the Producing Party
`with the CD or DVD containing such licensed software tool(s), or instructions for
`installing such licensed software tool(s) from the Internet, at least seven days in
`advance of the date upon which the Receiving Party wishes to have the additional
`software tools available for use on the Source Code Computer.
`
`No recordable electronic media or recordable devices, including without limitation
`sound recorders, computers, cellular telephones, peripheral equipment, cameras,
`CDs, DVDs, or drives of any kind shall be permitted into the Source Code Review
`Room.
`
`The Receiving Party’s Outside Counsel and/or experts shall be entitled to take
`notes relating to the Source Code but may not copy the Source Code into the notes
`and may not take such notes electronically on the Source Code Computer itself or
`any other computer.
`
`The Producing Party may visually monitor the activities of the Receiving Party’s
`representatives during any Source Code review, but only to ensure that no
`unauthorized electronic records of the Source Code and no information concerning
`the Source Code are being created or transmitted in any way. But the Producing
`Party shall not hear the Receiving Party or see the contents of the Receiving Party’s
`notes or the display of the standalone computer and may not use a video camera or
`other recording device to monitor the limited access review room or the activities
`of the Receiving Party, nor may the Producing Party physically enter the Source
`Code Review Room when the Receiving Party is present without the Receiving
`Party’s consent. The Producing Party shall not monitor the review conducted by
`the Receiving Party through analyzing the electronic access record on the stand-
`alone computer (e.g., command histories, recent file lists, file access dates, undo
`histories, and etc.) or otherwise, all of which the Producing Party acknowledges
`constitutes the Receiving Party’s work product and shall not be used for any
`purpose or admitted into evidence in this or any other proceeding. The foregoing
`is not intended to restrict in any way the Producing Party’s ability or right to
`otherwise ensure, for example, that the Source Code remains secure, that the stand-
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`Case 6:20-cv-01131-ADA Document 73-1 Filed 11/05/21 Page 12 of 25
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`alone computer has not been tampered with, and that the provisions of this Order
`have not been violated.
`
`(j) No copies of any portion of the Source Code may leave the room in which the
`Source Code is inspected except as otherwise provided herein. Further, no other
`written or electronic record of the Source Code is permitted except as otherwise
`provided herein. The Receiving Party may request from the Producing Party
`limited portions of the Source Code. Any printed portion that consists of more than
`thirty (30) pages of a continuous block of Source Code shall be presumed to be
`excessive, and the burden shall be on the Receiving Party to demonstrate good
`cause for such a printed copy. Further, print outs of more than one-hundred fifty
`(150) pages total shall be presumed to be excessive, and the burden shall be on the
`Receiving Party to demonstrate good cause for exceeding one-hundred fifty (150)
`total pages. The Receiving Party shall not request printed copies of Source Code
`in order to review blocks of Source Code elsewhere in the first instance, i.e., as an
`alternative to reviewing that Source Code electronically on the Source Code
`Computer, as the Parties acknowledge and agree that the purpose of the protections
`herein would be frustrated by requesting printed portions of code for review and
`analysis elsewhere. Upon a request for printing any such portions of Source Code,
`the printed pages shall be collected by the Producing Party. The Producing Party
`shall Bates number, copy, and label “CONFIDENTIAL – SOURCE CODE” any
`pages requested to be printed by the Receiving Party. Within seven (7) days, the
`Producing Party shall either (i) provide one copy set of such pages to the Receiving
`Party or (ii) inform the Requesting Party that it objects that the printed portions are
`excessive and/or not done for a permitted purpose. If, after meeting and conferring,
`the Producing Party and the Receiving Party cannot resolve the objection, the
`Receiving Party shall be entitled to seek a Court resolution of whether the
`requested Source Code in question is narrowly tailored and was printed for a
`permitted purpose. The printed pages shall constitute part of the Source Code
`produced by the Producing Party in this action.
`
`Access to Source Code Material shall be limited to Outside Counsel and up to three
`(3) outside consultants or experts3 (i.e., not existing employees or affiliates of a
`Party or an affiliate of a Party or competitor identified by the Producing Party with
`reasonable specificity) retained for the purpose of this litigation and approved to
`access such Protected Materials pursuant to paragraph 7(e) above. A Receiving
`Party may include excerpts of Source Code Material in an exhibit to a pleading,
`expert report, or deposition transcript (collectively, “Source Code Exhibits”),
`provided that the Source Code Exhibits are appropriately marked under this Order,
`restricted to those who are entitled to have access to them as specified herein, and,
`                                                            
`3 For the purposes of this paragraph, an outside consultant or expert is defined to include the outside
`consultant’s or expert’s direct reports and other support personnel, such that the disclosure to a
`consultant or expert who employs others within his or her firm to help in his or her analysis shall
`count as a disclosure to a single consultant or expert, provided that such personnel helping in the
`analysis of Source Code Material shall be disclosed pursuant to Paragraph 7(e).
`
`(k)
`
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`if filed with the Court, filed under seal in accordance with the Court’s rules,
`procedures, and orders.
`
`(l)
`
`All persons who will review a Producing Party’s Source Code 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 three business (3) days in
`advance of the first time that such person reviews such Source Code. Such
`identification shall be in addition to any other disclosure required under this
`Order. All persons viewing Source Code shall sign on each day they view Source
`Code a log that will include the names of persons who enter the locked room to
`view the Source Code and when they enter and depart. The Receiving Party shall
`be entitled to a copy of the log upon one business (1) day’s advance notice to the
`Producing Party.
`
`(m) Unless otherwise agreed in advance by the Parties in writing, following each day
`on which inspection is done under this Order, the Receiving Party’s outside
`counsel and/or experts shall remove all notes, documents, and all other materials
`from the Source Code Review Room. The Producing Party shall not be responsible
`for any items left in the room following each inspection session, and the Receiving
`Party shall have no expectation of confidentiality for any items left in the room
`following each inspection session without a prior agreement to that effect. Upon
`discovery of any items left in the room following each inspection session, the
`Producing Party shall take reasonable measures to preserve the confidentiality of
`such items. Proper identification of all authorized persons shall be provided prior
`to any access to the secure room or the computer containing Source Code. Proper
`identification requires showing, at a minimum, a photo identification card
`sanctioned by the government of any State of the United States, by the government
`of the United States, or by the nation state of the authorized person’s current
`citizenship. Access to the secure room or the Source Code Computer may be
`denied, at the discretion of the Producing Party, to any individual who fails to
`provide proper identification.
`
`To the extent portions of Source Code Material are quoted in a Source Code
`Exhibit, either (1) the entire Source Code Exhibit will be stamped and treated as
`CONFIDENTIAL – SOURCE CODE or (2) those pages containing quoted Source
`Code Material will be separately stamped and treated as CONFIDENTIAL –
`SOURCE CODE.
`
`(n)
`
`(o)
`
`Except as set forth in paragraph 12(q) below, no electronic copies of Source Code
`Material shall be made without prior written consent of the Producing Party, except
`as necessary to create documents that, pursuant to the Court’s rules, procedures,
`and order, must be filed or served electronically.
`
`(p)
`
`The Receiving Party shall be permitted to make no more than three additional paper
`copies of any portions of the Source Code Material received from a Producing
`
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`Case 6:20-cv-01131-ADA Document 73-1 Filed 11/05/21 Page 14 of 25
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`(q)
`
`Party pursuant to Paragraph 12(j), not including copies attached to court filings or
`used at depositions, all of which shall be designated and clearly labeled
`“CONFIDENTIAL – SOURCE CODE,” and the Receiving Party shall maintain a
`log of all such files that are printed or photocopied, including the names of the
`reviewers and/or recipients of paper copies and locations where the paper copies
`are stored. Upon one business day’s advance notice to the Receiving Party by the
`Producing Party, the Receiving Party shall provide a copy of this log to the
`Producing Party.
`
`Except as provided in this sub-paragraph, absent express written permission from
`the Producing Party, the Receiving Party may not create electronic images, or any
`other images, or make electronic copies, of the Source Code from any paper copy
`of Source Code for use in any manner (including by way of example only, the
`Receiving Party may not scan the Source Code to a PDF or photograph the code).
`Images or copies of Source Code shall not be included in correspondence between
`the Parties (references to production numbers shall be used instead), and shall be
`omitted from pleadings and other papers whenever possible. If a Receiving Party
`reasonably believes that it needs to submit a portion of Source Code as part of a
`filing with the Court, (1) such filing must be made