Case 6:21-cv-00520-ADA Document 58 Filed 06/29/22 Page 1 of 18
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`
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`PARKERVISION, INC.,
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` Plaintiff,
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`v.
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`LG ELECTRONICS, INC.,
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` Defendant.
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`
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`Case No. 6:21-cv-520-ADA
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`PROTECTIVE ORDER
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`WHEREAS, Plaintiff PARKERVISION, INC. and Defendant LG ELECTRONICS, INC.,
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`hereafter referred to individually as a “Party”1 and collectively as “the Parties,” believe that certain
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`information that is or will be encompassed by discovery demands by the Parties involves the
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`production or disclosure of trade secrets, confidential business information, or other proprietary
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`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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`1 This Protective Order also protects confidential documents, information, or materials produced
`in this litigation by a non-party to the litigation (“Third Party”) pursuant to subpoena or other
`similar discovery request. Such Third Party will be considered a producing “Party” for purposes
`of this Protective Order. Nothing in the Protective Order prevents such a Third Party from
`seeking a supplement or addendum to this Protective Order with provisions that are different or
`more restrictive than the provisions herein.
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`1
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`Case 6:21-cv-00520-ADA Document 58 Filed 06/29/22 Page 2 of 18
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`1.
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`Each Party may designate as confidential for protection under this Order, in whole or in part,
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`any document, information, or material that constitutes or includes, in whole or in part,
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`confidential or proprietary information or trade secrets of the Party or a Third Party2 to
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`whom the Party reasonably believes it owes an obligation of confidentiality with respect
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`to such document, information, or material (“Protected Material”). Protected Material
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`shall be designated by the Party producing it by affixing a legend or stamp on such
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`document, information, or material as follows: “CONFIDENTIAL,” “CONFIDENTIAL -
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`ATTORNEYS’ EYES ONLY,” “CONFIDENTIAL - OUTSIDE ATTORNEYS’ EYES
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`ONLY,” or “CONFIDENTIAL - SOURCE CODE” (“DESIGNATED MATERIAL”).3
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`The designation shall be placed clearly on each page of the Protected Material (except
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`deposition and hearing transcripts) for which such protection is sought. For deposition
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`and hearing transcripts, the designation shall be placed on the cover page of the transcript
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`(if not already present on the cover page of the transcript when received from the court
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`reporter) by each attorney receiving a copy of the transcript after that attorney
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`receives notice of the designation of some or all of that transcript as DESIGNATED
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`MATERIAL.
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`2.
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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 the
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`2 Nothing in this Protective Order obligates a Party to produce confidential documents,
`information, or materials in violation of a legal or contractual obligation of nondisclosure to a
`Third Party. The parties agree to use best efforts to obtain consent to produce Third Party
`materials subject to a legal or contractual restriction.
`3 The term DESIGNATED MATERIAL” is used throughout this Protective Order to refer to the
`class of Protected Material designated as “CONFIDENTIAL,” “CONFIDENTIAL -
`ATTORNEYS’ EYES ONLY,” “CONFIDENTIAL - OUTSIDE ATTORNEYS’ EYES ONLY,”
`or “CONFIDENTIAL - SOURCE CODE,” individually and collectively.
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`2
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`Case 6:21-cv-00520-ADA Document 58 Filed 06/29/22 Page 3 of 18
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`like, shall receive the same treatment as if designated “CONFIDENTIAL” under this
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`order and any such documents produced with the designation “Confidential - Outside
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`Attorneys’ Eyes Only” shall receive the same treatment as if designated
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`“CONFIDENTIAL - OUTSIDE ATTORNEYS’ EYES ONLY” under this Order, unless
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`and until such document is re-designated to have a different classification under this
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`Order.
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`3.
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`With respect to documents, information, or material designated as DESIGNATED
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`MATERIAL subject to the provisions herein and unless otherwise stated, this Order
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`governs, without limitation: (a) all documents, electronically stored information, and/or
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`things as defined by the Federal Rules of Civil Procedure; (b) all pretrial, hearing or
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`deposition testimony, or documents marked as exhibits or for identification in depositions
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`and hearings; (c) pretrial pleadings, exhibits to pleadings and other court filings; (d)
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`affidavits; and (e) stipulations. All copies, reproductions, extracts, digests, and
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`complete or partial summaries prepared from any DESIGNATED MATERIALS shall
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`also be considered DESIGNATED MATERIAL and treated as such under this Order.
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`4.
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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.
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`Inadvertent or unintentional production of documents, information, or material that has
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`not been designated as DESIGNATED MATERIAL shall not be deemed a waiver in
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`whole or in part of a claim for confidential treatment. Any Party that inadvertently or
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`unintentionally produces Protected Material without designating it as DESIGNATED
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`MATERIAL may request destruction of that Protected Material by notifying the recipient(s)
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`3
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`as soon as reasonably possible after the producing Party becomes aware of the inadvertent
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`or unintentional disclosure, and providing replacement Protected Material that is properly
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`designated. 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.
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`5.
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`“CONFIDENTIAL” documents, information, and material may be disclosed only to
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`the following persons, except upon receipt of the prior written consent of the designating
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`Party, upon order of the Court, or as set forth in paragraph 15 herein:
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`(a)
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`(b)
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`(c)
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`(d)
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`(e)
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`Outside counsel of record in this 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 three (3) designated representatives of each of the Parties to
`the extent reasonably necessary for the litigation of this Action, except that 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.
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`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 of a Party hereto for purposes other than this Action; (2) 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 a
`current curriculum vitae of the consultant or expert, including a list of other cases
`in which the individual has provided a report or testified (at trial or deposition)
`and a list of companies that the individual has been employed by or provided
`consulting services pertaining to the field of the invention of the patent(s)-in-suit
`or the products accused of infringement within the last four years and a brief
`description of the subject matter of the consultancy or employment, at least seven
`(7) days before access to the Protected Material is to be given to that consultant
`or expert to object to and notify the receiving Party in writing that it objects to
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`4
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`Case 6:21-cv-00520-ADA Document 58 Filed 06/29/22 Page 5 of 18
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`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 fourteen (14) 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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`The Court and its personnel.
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`(g)
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`A Party shall designate documents, information, or material as “CONFIDENTIAL”
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`6.
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`only upon a good faith belief that the documents, information, or material contains
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`confidential or proprietary information or trade secrets of the Party or a Third Party to
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`whom the Party reasonably believes it owes an obligation of confidentiality with respect to
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`such documents, information, or material.
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`7.
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`Documents, information, or material produced pursuant to any discovery request in
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`this 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
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`DESIGNATED MATERIAL or the contents thereof pursuant to this Order shall not
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`make any copies, duplicates, extracts, summaries, or descriptions of such DESIGNATED
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`MATERIAL or any portion thereof except as may be reasonably necessary in the litigation
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`of this Action. Any such copies, duplicates, extracts, summaries, or descriptions shall be
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`classified DESIGNATED MATERIALS and subject to all of the terms and conditions of
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`this Order.
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`5
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`8.
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`To the extent a producing Party believes that certain Protected Material qualifying to be
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`designated CONFIDENTIAL is so sensitive that its dissemination deserves even further
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`limitation, the producing Party may designate such Protected Material
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`“CONFIDENTIAL - ATTORNEYS’ EYES ONLY,” “CONFIDENTIAL – OUTSIDE
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`ATTORNEYS’ EYES ONLY,” or to the extent such Protected Material includes
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`computer source code and/or live data (that is, data as it exists residing in a database or
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`databases) (“Source Code Material”), the producing Party may designate such Protected
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`Material as “CONFIDENTIAL - SOURCE CODE.”
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`9.
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`For Protected Material designated CONFIDENTIAL - ATTORNEYS’ EYES ONLY,
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`access to, and disclosure of, such Protected Material shall be limited to individuals listed
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`in paragraphs 5(a–c) and (e–g); provided, however, that access by in-house counsel
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`pursuant to paragraph 5(c) be limited to in-house counsel who exercise no competitive
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`decision-making authority on behalf of the client.
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`10.
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`For Protected Material designated CONFIDENTIAL - OUTSIDE ATTORNEYS’ EYES
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`ONLY, access to, and disclosure of, such Protected Material shall be limited to
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`individuals listed in paragraphs 5(a–b) and (e–g); provided, however, that the designating
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`Party shall accommodate reasonable requests to provide summary information to in-
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`house counsel designated pursuant to paragraph 5(c) who exercise no competitive
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`decision-making authority on behalf of the client and reasonably require access to such
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`information.
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`11.
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`For Protected Material designated CONFIDENTIAL - SOURCE CODE, the following
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`additional restrictions apply:
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`(a)
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`Access to a Party’s Source Code Material shall be provided only on “stand-
`alone” computer(s) (that is, the computer may not be linked to any network,
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`Case 6:21-cv-00520-ADA Document 58 Filed 06/29/22 Page 7 of 18
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`including a local area network (“LAN”), an intranet or the Internet) through the
`close of expert discovery in this action. The stand-alone computer(s) may be
`connected to (i) a printer, or (ii) a device capable of temporarily storing electronic
`copies solely for the limited purposes permitted pursuant to paragraphs 11(j and
`m) below. Additionally, except as provided in paragraph 11(m) below, the stand-
`alone computer(s) may only be located at the offices of the producing Party’s
`outside counsel or its vendors. If restrictions to the offices of the producing
`Party’s outside counsel or its vendors in view of COVID make an inspection
`difficult, the parties will meet and confer in good faith to identify a reasonable
`alternative.
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`Prior to the first inspection of any requested Source Code Material, the receiving
`Party shall provide at least ten (10) business days’ notice of the Source Code
`Material that it wishes to inspect, but the receiving Party will work in good faith
`to provide earlier notice. Thereafter, the receiving Party shall provide reasonable
`written notice to the producing Party, which shall not be less than two (2) days.
`In the event a receiving Party intends to continue its review to the next business
`day, it shall provide written notice by 1:00 p.m. (local time at the review
`location). A list of names of persons who will view the Source Code Material
`will be provided to the producing Party in conjunction with any written
`(including email) notice requesting inspection.
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`Use or possession of any input/output device or other electronic device (e.g.,
`USB memory stick, cameras or any camera-enabled device, CDs, floppy disk,
`portable hard drive, laptop, cellular telephones, PDA, smartphones, voice
`recorders, etc.) is prohibited while in the area containing the Source Code
`Computer(s). The receiving Party will not copy, remove, or otherwise transfer
`any portion of the Source Code Material from the Source Code Computer
`including, without limitation, copying, removing, or transferring any portion of
`the Source Code Material onto any other computers or peripheral equipment. The
`receiving Party will not transmit any portion of the Source Code Material in any
`way from the location of the Source Code inspection. All persons entering the
`room containing the Source Code Computer(s) must agree to submit to
`reasonable security measures to insure they are not carrying any prohibited items
`before they will be given access to the review room. The producing Party may
`visually monitor the activities of the receiving Party’s representative(s) during
`any Source Code review from outside of the Source Code review room, solely for
`the purpose of ensuring that there is no unauthorized recording, copying, or
`transmission of the Source Code Material and not for purposes of monitoring the
`specific Source Code Material that the receiving Party’s representative is
`reviewing.
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`The receiving Party shall make reasonable efforts to restrict its requests for
`such access to the stand-alone computer(s) to normal business hours, which for
`purposes of this paragraph shall be 9:00 a.m. through 6:00 p.m. However, upon
`reasonable notice from the receiving Party, the producing Party shall make
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`(b)
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`(c)
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`(d)
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`Case 6:21-cv-00520-ADA Document 58 Filed 06/29/22 Page 8 of 18
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`(e)
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`(f)
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`(g)
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`reasonable efforts to accommodate the receiving Party’s request for access to the
`stand-alone computer(s) outside of normal business hours. The Parties agree to
`cooperate in good faith such that maintaining the producing Party’s Source Code
`Material at the offices of its outside counsel or its vendors shall not unreasonably
`hinder the receiving Party’s ability to efficiently and effectively conduct the
`prosecution or defense of this Action.
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`The producing Party shall provide the receiving Party with information
`explaining how to start, log on to, and operate the stand-alone computer(s) in order
`to access the produced Source Code Material on the stand-alone computer(s).
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`The producing Party will produce Source Code Material in its original format on
`the stand-alone computer(s) as described above, and shall install software tools
`that are sufficient for viewing and searching the material on such stand-alone
`computer(s). The receiving Party’s outside counsel and/or experts may request,
`agreement for which will not be unreasonably withheld, that commercially
`available software tools for viewing and searching Source Code Material be
`installed on the Source Code Computer(s). Fully and appropriately licensed
`copies of the software tools must be provided by the receiving Party at least five
`(5) business days prior to the inspection, but the receiving Party will work in
`good faith to provide earlier notice. The receiving Party must provide the
`Producing Party with the CD, DVD, thumb drive, or electronic file containing
`such licensed software tool(s) at least five (5) business days in advance of the
`date upon which the Receiving Party wishes to have the additional software tools
`available for use on the Source Code Computer(s).
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`Access to Source Code Material shall be limited to outside counsel and up to
`three (3) outside consultants or experts4 (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 5(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 cite no more than thirty (30)
`contiguous lines of code, are appropriately marked under this Order, restricted to
`those who are entitled to have access to them as specified herein, and, if filed
`with the Court, filed under seal in accordance with the Court’s rules, procedures,
`and orders.
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`4 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 5(e).
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`Case 6:21-cv-00520-ADA Document 58 Filed 06/29/22 Page 9 of 18
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`(h)
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`(i)
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`(j)
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`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.
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`Except as set forth in paragraph 11(g) above and 11(m) 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. Any
`electronic copies of Source Code Material, including those stored in removable
`electronic media for the purposes of transport as set forth in paragraph 11(m),
`shall count towards the limitation on the number of copies set forth in paragraph
`11(j).
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`The receiving Party shall be permitted to make a reasonable number of printouts,
`all of which shall be designated and clearly labeled “CONFIDENTIAL -
`SOURCE CODE.” In no event may the receiving Party print any continuous
`block of Source Code that results in more than thirty-five (35) printed pages, or
`an aggregate total of more than 700 pages, for each producing Party’s Source
`Code, during the duration of the case without prior written approval by the
`producing Party, and the producing Party shall not unreasonably withhold or
`delay such approval. The printed pages shall constitute part of the Source Code
`Material produced by the producing Party in this action. The receiving Party
`shall also be permitted to make a reasonable number of photocopies of Source
`Code Material printouts, which shall presumptively be limited to a total of five
`(5) copies, and the receiving Party shall maintain a log of all such files that are
`printed or photocopied. In lieu of making additional paper photocopies, the
`receiving Party shall be permitted to make a reasonable number of CD-ROMs,
`DVDs, or flash memory “sticks” that contain an electronic copy of the hard copy
`printouts and photocopies of Source Code Material, provided that the electronic
`copy stored on such CD-ROMs, DVDs, or flash memory “sticks” is adequately
`encrypted to prevent access by persons not authorized by this Protective Order to
`view Source Code Material. The receiving Party may provide these printouts,
`photocopies, CD-ROMs, DVDs, or flash memory “sticks” to individuals
`permitted to access Source Code Material, who may use such CD-ROMs, DVDs,
`or flash memory “sticks” solely for active review of the Source Code Material.
`These CD-ROMs, DVDs, or flash memory “sticks” shall be clearly labeled as
`“RESTRICTED CONFIDENTIAL SOURCE CODE.” The receiving Party is
`also permitted to make temporary copies necessarily made in the production of
`these CD-ROMs, DVDs, or flash memory “sticks,” provided any such copies are
`immediately deleted once the temporary copies are no longer required for the
`production of the CD-ROMs, DVDs, or flash memory “sticks.”
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`Should such printouts or photocopies be permissibly transferred back to electronic
`media, such media shall be labeled “CONFIDENTIAL - SOURCE CODE” and
`shall continue to be treated as such.
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`(k)
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`(l)
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`If the receiving Party’s outside counsel, consultants, or experts obtain printouts
`or photocopies of Source Code Material, the receiving Party shall ensure that
`such outside counsel, consultants, or experts keep the printouts or photocopies in
`a secured locked area in the offices of such outside counsel, consultants, or
`expert. The receiving Party may also temporarily keep the printouts or photocopies
`at: (i) the Court for any proceedings(s) relating to the Source Code Material, for
`the dates associated with the proceeding(s); (ii) the sites where any deposition(s)
`relating to the Source Code Material are taken, for the dates associated with the
`deposition(s); and (iii) any intermediate location reasonably necessary to transport
`the printouts or photocopies (e.g., a hotel prior to a Court proceeding or
`deposition).
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`(m) A producing Party’s Source Code Material may only be transported by the
`receiving Party at the direction of a person authorized under paragraph 11(g)
`above to another person authorized under paragraph 11(g) above, on paper or
`removable electronic media (e.g., a DVD, CD-ROM, or flash memory “stick”)
`via hand carry, Federal Express, or other similarly reliable courier. Source Code
`Material may not be transported or transmitted electronically over a network of
`any kind, including a LAN, an intranet, or the Internet.
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`Any attorney representing a Party, whether in-house or outside counsel, and any person
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`associated with a Party and permitted to receive the other Party’s Protected Material that is
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`designated CONFIDENTIAL - ATTORNEYS’ EYES ONLY, CONFIDENTIAL -
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`OUTSIDE ATTORNEYS’ EYES ONLY, and/or CONFIDENTIAL - SOURCE CODE
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`(collectively “HIGHLY SENSITIVE MATERIAL”), who obtains, receives, has access
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`to, or otherwise learns, in whole or in part, the other Party’s HIGHLY SENSITIVE
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`MATERIAL under this Order shall not prepare, prosecute, supervise, or assist in the
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`preparation or prosecution of any patent application pertaining to the field of the invention
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`of the patents-in-suit during the pendency of this Action and for one year after its
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`conclusion, including any appeals. To ensure compliance with the purpose of this
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`provision, each Party shall create an “Ethical Wall” between those persons with access to
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`12.
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`Case 6:21-cv-00520-ADA Document 58 Filed 06/29/22 Page 11 of 18
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`HIGHLY SENSITIVE MATERIAL and any individuals who prepare, prosecute,
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`supervise or assist in the preparation or prosecution of any patent application pertaining to
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`the field of invention of the patent-in-suit. Nothing in this Order shall prevent a person
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`with access to HIGHLY SENSITIVE MATERIAL from participating in a proceeding
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`before the United States Patent and Trademark Office, e.g., IPR or PGR, except for that
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`person shall not participate—directly or indirectly—in the amendment of any claim(s).
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`13.
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`Nothing in this Order shall require production of documents, information, or other
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`material that a Party contends is protected from disclosure by the attorney-client privilege,
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`the work product doctrine, or other privilege, doctrine, or immunity. If documents,
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`information, or other material subject to a claim of attorney-client privilege, work product
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`doctrine, or other privilege, doctrine, or immunity is inadvertently or unintentionally
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`produced, such production shall in no way prejudice or otherwise constitute a waiver of,
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`or estoppel as to, any such privilege, doctrine, or immunity. Any Party that
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`inadvertently or unintentionally produces documents, information, or other material it
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`reasonably believes are protected under the attorney-client privilege, work product
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`doctrine, or other privilege, doctrine, or immunity may obtain the return of such
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`documents, information, or other material by promptly notifying the recipient(s) and
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`providing a privilege log for the inadvertently or unintentionally produced documents,
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`information, or other material. The recipient(s) shall gather and return all copies of
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`such documents, information, or other material to the producing Party, except for any
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`pages containing privileged or otherwise protected markings by the recipient(s), which
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`pages shall instead be destroyed and certified as such to the producing Party.
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`14.
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`There shall be no disclosure of any DESIGNATED MATERIAL by any person
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`authorized to have access thereto to any person who is not authorized for such access
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`under this Order. The Parties are hereby ORDERED to safeguard all such documents,
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`information, and material to protect against disclosure to any unauthorized persons or
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`entities.
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`15.
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`Nothing contained herein shall be construed to prejudice any Party’s right to use
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`any DESIGNATED MATERIAL in taking testimony at any deposition or hearing
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`provided that the DESIGNATED MATERIAL is only disclosed to a person(s) who is: (i)
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`eligible to have access to the DESIGNATED MATERIAL by virtue of his or her
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`employment with the designating Party; (ii) identified in the DESIGNATED MATERIAL
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`as an author, addressee, or copy recipient of such information; (iii) although not identified
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`as an author, addressee, or copy recipient of such DESIGNATED MATERIAL, has, in
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`the ordinary course of business, seen such DESIGNATED MATERIAL; (iv) a current or
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`former officer, director or employee of the producing Party or a current or former officer,
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`director, or employee of a company affiliated with the producing Party; (v) counsel for a
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`Party, including outside counsel and in-house counsel (subject to paragraph 9 of this
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`Order); (vi) an independent contractor, consultant, and/or expert retained for the purpose
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`of this litigation; (vii) court reporters and videographers; (viii) the Court; or (ix) other
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`persons entitled hereunder to access to DESIGNATED MATERIAL. DESIGNATED
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`MATERIAL shall not be disclosed to any other persons unless prior authorization is
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`obtained from counsel representing the producing Party or from the Court.
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`16.
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`Parties may, at the deposition or hearing or within thirty (30) days after receipt of
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`a deposition or hearing transcript, designate the deposition or hearing transcript or any
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`portion thereof as “CONFIDENTIAL,” “CONFIDENTIAL - ATTORNEYS’ EYES
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`ONLY,” “CONFIDENTIAL - OUTSIDE ATTORNEYS’ EYES ONLY,” or
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`“CONFIDENTIAL - SOURCE CODE” pursuant to this Order. Access to the deposition
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`or hearing transcript so designated shall be limited in accordance with the terms of this
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`Order. Until expiration of the 30-day period, the entire deposition or hearing transcript
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`shall be treated as CONFIDENTIAL - OUTSIDE ATTORNEYS’ EYES ONLY.
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`17.
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`Any DESIGNATED MATERIAL that is filed with the Court shall be filed under seal
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`and shall remain under seal until further order of the Court. The filing Party shall be
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`responsible for informing the Clerk of the Court that the filing should be sealed and for
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`placing the legend “FILED UNDER SEAL PURSUANT TO PROTECTIVE ORDER”
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`above the caption and conspicuously on each page of the filing. Exhibits to a filing
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`shall conform to the labeling requirements set forth in this Order. If a pretrial pleading
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`filed with the Court, or an exhibit thereto, discloses or relies on DESIGNATED
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`MATERIAL, such confidential portions shall be redacted to the extent necessary and the
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`pleading or exhibit filed publicly with the Court.
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`18.
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`The Order applies to pretrial discovery. Nothing in this Order shall be deemed to
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`prevent the Parties from introducing any DESIGNATED MATERIAL into evidence at
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`the trial of this Action, or from using any information contained in DESIGNATED
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`MATERIAL at the trial of this Action, subject to any pretrial order issued by this Court.
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`19.
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`A Party may request in writing to the other Party that the designation given to any
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`DESIGNATED MATERIAL be modified or withdrawn. If the designating Party does
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`not agree to re-designation within ten (10) days of receipt of the written request, the
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`requesting Party may apply to the Court for relief. Upon any such application to the
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`Court, the burden shall be on the designating Party to show why its classification is
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`proper. Such application shall be treated procedurally as a motion to compel pursuant
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`to Federal Rule of Civil Procedure 37, subject to the Rule’s provisions relating to
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`sanctions. In making such application, the requirements of the Federal Rules of Civil
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`Procedure and the Local Rules of the Court shall be met. Pending the Court’s
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`determination of the application, the designation of the designating Party shall be
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`maintained.
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`20.
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`Each outside consultant or expert to whom DESIGNATED MATERIAL is disclosed
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`in accordance with the terms of this Order shall be advised by counsel of the terms of
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`this Order, shall be informed that they are subject to the terms and conditions of this
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`Order, and shall sign an acknowledgment that they have received a copy of, have read,
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`and have agreed to be bound by this Order. A copy of the acknowledgment form is
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`attached as Appendix A.
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`21.
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`To the extent that any discovery is taken of persons who are not Parties to this Action
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`(“Third Parties”) and in the event that such Third Parties contend the discovery sought
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`involves trade secrets, confidential business information, or other proprietary
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`information, then such Third Parties may agree to be bound by this Order.
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`22.
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`To the extent that discovery or testimony is taken of Third Parties, the Third Parties may
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`designate as “CONFIDENTIAL,” “CONFIDENTIAL - ATTORNEYS’ EYES ONLY,”
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`or “CONFIDENTIAL - OUTSIDE ATTORNEYS’ EYES ONLY,” and/or
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`“CONFIDENTIAL - SOURCE CODE” any documents, information, or other material,
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`in whole or in p