Case 6:21-cv-00569-ADA Document 75 Filed 07/21/22 Page 1 of 25
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`TOUCHSTREAM TECHNOLOGIES,
`INC.,
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`v.
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`GOOGLE LLC,
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`§
`§
`§
`§
`§
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`Case No. 6:21-CV-569-ADA
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` PROTECTIVE ORDER
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`WHEREAS,
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`Plaintiff
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`Touchstream
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`Technologies
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`(“Plaintiff”)
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`and Defendant
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`Google LLC (“Defendant”), hereafter referred to as “the Parties,” believe that certain information
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`that is or will be encompassed by discovery demands by the Parties involves the production or
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`disclosure of trade secrets, confidential business information, or other proprietary information;
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`WHEREAS, the Parties seek a protective order limiting disclosure thereof in accordance with
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`Federal Rule of Civil Procedure 26(c):
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`THEREFORE, it is hereby stipulated among the Parties and ORDERED that:
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`1.
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`Each Party may designate as confidential for protection under this Order, in whole
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`or in part, any document, information, or material that constitutes or includes, in whole or
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`in part, confidential or proprietary information or trade secrets of the Party or a Third Party
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`to 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 shall
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`be designated by the Party producing it by affixing a legend or stamp on such document,
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`information, or material as follows: “CONFIDENTIAL.” The word “CONFIDENTIAL”
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`shall be placed clearly on each page of the Protected Material (except deposition and
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`Case 6:21-cv-00569-ADA Document 75 Filed 07/21/22 Page 2 of 25
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`hearing transcripts and natively produced documents) for which such protection is sought.
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`For deposition and hearing transcripts, the word “CONFIDENTIAL” shall be placed on
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`the cover page of the transcript (if not already present on the cover page of the transcript
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`when received from the court reporter) by each attorney receiving a copy of the transcript
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`after that attorney receives notice of the designation of some or all of that transcript as
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`“CONFIDENTIAL.”
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` For natively produced Protected Material,
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`the word
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`“CONFIDENTIAL” shall be placed in the filename of each such natively produced
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`document and/ or on a slip-sheet bearing the bates number of the native document, which
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`shall be appended to the native document when being used in a deposition or in a filing
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`with the Court.
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`2.
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`Any documents produced before issuance of this Order, including pursuant to the
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`Court’s Order Governing Proceedings - Patent Case, with the designation “Confidential”
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`shall receive the same treatment as if designated “CONFIDENTIAL” under this order, and
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`any such documents produced with the designation “Confidential - Outside Attorneys’
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`Eyes Only” or “Confidential – Attorneys Eyes Only” shall receive the same treatment as if
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`designated “CONFIDENTIAL - OUTSIDE ATTORNEYS’ EYES ONLY” under this
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`Order, unless and until such document is re-designated to have a different classification
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`under this Order.
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`3.
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`With
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`respect
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`to
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`documents,
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`information,
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`or material
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`designated
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`“CONFIDENTIAL,”
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`“CONFIDENTIAL
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`- ATTORNEYS’ EYES ONLY,”
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`“CONFIDENTIAL - OUTSIDE ATTORNEYS’ EYES ONLY,” or “CONFIDENTIAL -
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`SOURCE CODE” (“DESIGNATED MATERIAL”),1 subject to the provisions herein and
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`1 The term DESIGNATED MATERIAL is used throughout this Protective Order to refer to the
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`2
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`Case 6:21-cv-00569-ADA Document 75 Filed 07/21/22 Page 3 of 25
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`unless otherwise stated, this Order governs, without limitation: (a) all documents,
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`electronically stored information, and/or things as defined by the Federal Rules of Civil
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`Procedure; (b) all pretrial, hearing or deposition testimony, or documents marked as
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`exhibits or for identification in depositions and hearings; (c) pretrial pleadings, exhibits to
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`pleadings and other court filings; (d) affidavits; and (e) stipulations. All copies,
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`reproductions, extracts, digests, and complete or partial summaries prepared from any
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`DESIGNATED MATERIALS shall also be considered DESIGNATED MATERIAL and
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`treated as such under this Order.
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`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. 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
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`part 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, 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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`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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`“CONFIDENTIAL” documents, information, and material may be disclosed only
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`to 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 17 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 Action2 for the Parties;
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`employees of outside counsel’s law firm assigned to and reasonably necessary to
`assist such counsel in the litigation of this Action;
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`one in-house counsel for each of the Parties who is a member in good standing of
`at least one state bar and has responsibility for making decisions dealing directly
`with 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 experts3 (i.e., not existing employees or affiliates of a Party
`or an affiliate of a Party) retained for the purpose of this litigation, provided that:
`(1) such consultants or experts are not presently employed by the Parties or of an
`affiliate of a Party hereto for purposes other than this Action4; (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
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`2 This “Action” means Case No. 6:21-cv-569-ADA.
`3 For any such person, the curriculum vitae shall identify his/her (i) current employer(s), (ii) each
`person or entity from whom s/he has received compensation or funding for work in his or her areas
`of expertise or to whom the s/he has provided professional services, including in connection with
`a litigation, at any time during the preceding five years, and a brief description of the subject matter
`of the work for which s/he was compensated; (iii) (by name and number of the case, filing date,
`and location of court or tribunal) any litigation in connection with which the s/he has offered expert
`testimony, including through a declaration, report, or testimony at a deposition or trial, during the
`preceding five years. This includes any proceeding at the U.S. Patent and Trademark Office or at
`the U.S. International Trade Commission. If such consultant or expert believes any of this
`information is subject to a confidentiality obligation to a third-party, then the s/he should provide
`whatever information can be disclosed without violating any confidentiality agreements, and the
`Party seeking to disclose Protected Material to the consultant or expert shall be available to meet
`and confer with the designating Party regarding any such engagement.
`4 For avoidance of doubt, an independent expert or consultant retained (as opposed to employed)
`by a Party on another litigation would not be precluded under this section.
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`Case 6:21-cv-00569-ADA Document 75 Filed 07/21/22 Page 5 of 25
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`curriculum vitae of the consultant or expert, at least ten (10) days before access to
`the Protected Material is to be given to that consultant or expert, so that the
`producing Party may 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 order5;
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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; and
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`the Court and its personnel.
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`A Party shall designate documents, information, or material as “CONFIDENTIAL”
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`(f)
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`(g)
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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 in this Action, including but not
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`limited to Protected Material designated as DESIGNATED MATERIAL, as well as
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`information only ascertainable from such Protected Material, for example and without
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`limitation the existence of the producing party’s agreements with third parties, (i) shall be
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`used by the Parties only for prosecuting, defending, or attempting to settle this Action, (ii)
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`shall not be used directly or indirectly for any other purpose whatsoever, including in
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`connection with any other legal or administrative proceeding, including but not limited to
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`Case 6:21-cv-00569-ADA Document 75 Filed 07/21/22 Page 6 of 25
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`any proceeding at the U.S. Patent and Trademark Office (or any similar agency of a foreign
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`government), and (iii) shall not be disclosed to any person who is not entitled to receive
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`such Protected Material as herein provided. All produced Protected Material shall be
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`carefully maintained so as to preclude access by persons who are not entitled to receive
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`such Protected Material, and any person or entity who obtains access to DESIGNATED
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`MATERIAL or the contents thereof pursuant to this Order shall not make any copies,
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`duplicates, extracts, summaries, or descriptions of such DESIGNATED MATERIAL or
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`any portion thereof except as may be reasonably necessary in the litigation of this Action.
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`Any 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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`8.
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`To the extent a producing Party believes that certain Protected Material qualifying
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`to be designated CONFIDENTIAL is so sensitive that its dissemination deserves even
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`further
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`limitation,
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`the producing Party may designate such Protected Material
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`“CONFIDENTIAL - ATTORNEYS’ EYES ONLY,” or to the extent such Protected
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`Material includes computer source code6 and/or live data (that is, data as it exists residing
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`in a database or databases) (“Source Code Material”), the producing Party may designate
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`such Protected Material as “CONFIDENTIAL - SOURCE CODE.”
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`9.
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`For Protected Material designated as “CONFIDENTIAL - ATTORNEYS’ EYES
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`ONLY,” access to, and disclosure of, such Protected Material shall be limited to individuals
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`6 “Source code” includes source code, object code (i.e., computer instructions and data
`definitions expressed in a form suitable for input to an assembler, compiler, or other translator),
`microcode, register transfer language (“RTL”), firmware, and hardware description language
`(“HDL”), as well as any and all programmer notes, annotations, and other comments of any type
`related thereto and accompanying the code. For avoidance of doubt, this includes source files,
`make files, intermediate output files, executable files, header files, resource files, library files,
`module definition files, map files, object files, linker files, browse info files, and debug files.
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`Case 6:21-cv-00569-ADA Document 75 Filed 07/21/22 Page 7 of 25
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`listed 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’
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`EYES 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-house
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`counsel designated pursuant to paragraph 5(c) who exercise no competitive decision-
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`making authority on behalf of the client and reasonably require access to such information.
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`11.
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`For Protected Material designated “CONFIDENTIAL - SOURCE CODE,” the
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`following additional restrictions apply:
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`(a)
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`Access to a Party’s Source Code Material shall be provided only on a “stand-alone”
`computer (that is, the computer may not be linked to any network, including a local
`area network (“LAN”), an intranet or the Internet) in a secure location. The stand-
`alone computer will be connected to a printer, and will be provided with software
`that allows for a “print to PDF” functionality or similar, so PDFs of source code
`that a person accessing the code desires to print can be saved. The PDFs of source
`code are solely to facilitate printing of Source Code Material and will not be
`removed from the stand-alone computer. The stand-alone computer may only be
`located within the continental United States at the offices of the producing Party’s
`outside counsel or its vendors. The stand-alone computer(s) shall have disk
`encryption and be password protected, and shall have all USB ports and other ports
`capable of transferring files stored on the computer disabled while the computer is
`being used by the receiving Party. The use or possession of any input/output device
`(e.g., USB memory stick, mobile phone or tablet, camera or any camera-enabled
`device, CD, floppy disk, portable hard drive, laptop, or any device that can access
`the Internet or any other network or external system, etc.) is prohibited by any
`person of the receiving Party, while accessing the stand-alone computer. All
`persons entering the locked room containing the stand-alone computer must agree
`to submit to reasonable security measures to ensure they are not carrying any
`prohibited items before they will be given access to the stand-alone computer. The
`producing Party may visually monitor the activities of the receiving Party’s
`representatives from outside the room in which the stand-alone computer is
`located, but only to ensure that no unauthorized electronic records of the Source
`Code Material and no information concerning the Source Code Material are being
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`Case 6:21-cv-00569-ADA Document 75 Filed 07/21/22 Page 8 of 25
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`created or transmitted in any way. The producing Party may not be disruptive of
`the activities of the receiving Party’s representatives, and the receiving Party’s
`representatives may have access to a break-out room, if requested, reasonably close
`to the room in which the stand-alone computer is located. The producing Party may
`not record (visually, audibly or by other means) the activities of the receiving
`Party’s representatives.7
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`The receiving Party shall make reasonable efforts to restrict its requests for such
`access to the stand-alone computer to normal business hours, which for purposes
`of this paragraph shall be 8:00 a.m. through 6:00 p.m, Monday through Friday.
`However, upon reasonable notice from the receiving Party, the producing Party
`shall make reasonable efforts to accommodate the receiving Party’s request for
`access to the stand-alone computer(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 in order to access the
`produced Source Code Material on the stand-alone computer, and how to print
`portions of Source Code Material or save desired portions of Source Code material
`as PDFs.
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`(b)
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`(c)
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`(d)
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`The producing Party will produce Source Code Material in computer searchable
`format on the stand-alone computer as described above.
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`(e)
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`Access to Source Code Material shall be limited to outside counsel and up to three
`(3) outside consultants or experts8 (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 or
`expert report (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, if filed with the Court,
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`7 Notwithstanding the foregoing, the producing and receiving Parties may, at a later date, agree to
`reasonable accommodations for source code inspection as appropriate in light of public health
`measures.
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` 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-00569-ADA Document 75 Filed 07/21/22 Page 9 of 25
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`(f)
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`(g)
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`filed under seal in accordance with the Court’s rules, procedures, and orders.
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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(j) below, no electronic copies or images 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 orders, must be filed or served electronically (e.g., Source Code
`Exhibits) or any drafts of these documents.9 The receiving Party shall only include
`such excerpts as are reasonably necessary for the purposes for which such part of
`the Source Code Material is used. Images or copies of Source Code Material 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 except to the extent permitted herein. The communication and/or disclosure
`of electronic files containing any portion of Source Code Material shall at all times
`be limited to individuals who are authorized to see Source Code Material under the
`provisions of this Protective Order. Additionally, all electronic copies must be
`labeled "CONFIDENTIAL - SOURCE CODE." If Source Code Documents are
`filed with the Court, they must be filed under seal in accordance with the Court’s
`rules, procedures and orders.
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`(h)
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`No person shall copy, e-mail, transmit, upload, download, print, photograph or
`otherwise duplicate any portion of the designated “CONFIDENTIAL - SOURCE
`CODE” material, except that the Receiving Party may request paper copies
`(“Source Code Printouts”) of limited portions of the Source Code Material, but
`only if and to the extent reasonably necessary for the preparation of court filings,
`pleadings, expert reports, or other papers, or for deposition or trial. In no event may
`the Receiving Party print more than 35 consecutive pages, or an aggregate total of
`more than 400 pages, of source code during the duration of the case without prior
`written approval by the producing Party. The requesting Party will be allowed to
`(i) print portions of that Source Code Material, or (ii) save portions of that Source
`Code Material to PDF on the computer and request that the producing Party
`provide printouts of the same. The receiving Party shall not request paper copies
`for the purposes of reviewing the source code other than electronically as set forth
`in paragraph (a) in the first instance. Within 4 business days or such additional time
`as necessary due to volume requested, the Producing Party will provide the
`requested material on watermarked or colored paper bearing Bates numbers and
`the legend “CONFIDENTIAL - SOURCE CODE" unless objected to as discussed
`below. At the inspecting Party’s request, up to three additional sets (or subsets) of
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`9 Drafts shall only include those excerpts the Receiving Party reasonably believes will be
`included in the final version.
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`Case 6:21-cv-00569-ADA Document 75 Filed 07/21/22 Page 10 of 25
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`printed source code may be requested and provided by the producing Party in a
`timely fashion. Even if within the limits described, the producing Party may
`challenge the amount of source code requested in hard copy form or whether the
`source code requested in hard copy form is reasonably necessary to any case
`preparation activity pursuant to the dispute resolution procedure and timeframes
`set forth in Paragraph 20 whereby the producing Party is the “requesting Party”
`and the receiving Party is the “designating Party” for purposes of dispute
`resolution. Contested Source Code Printouts do not need to be produced to the
`receiving Party until the matter is resolved by the Court. Should the receiving
`Party reasonably require additional pages or copies, the receiving Party shall seek
`written approval from the producing Party. If the Parties cannot agree, the
`receiving Party shall also be permitted to move the Court for the ability to print
`additional Source Code Material, or to make additional copies.
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`If the receiving Party’s outside counsel, consultants, or experts obtain Source Code
`Printouts, the receiving Party shall ensure that such outside counsel, consultants,
`or experts keep the Source Code Printouts under their direct control in a secured
`locked area in the offices of such outside counsel, consultants, or expert. The
`receiving Party may also temporarily keep the Source Code Printouts at: (i) the
`Court for any proceeding(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 Source
`Code Printouts to a Court proceeding or deposition, provided that the Source Code
`Printouts are kept within his or her immediate possession or direct control or in a
`secured locked area at that intermediate location that ensures access is limited to
`the persons authorized under this Order.
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`At the producing Party’s request, the producing Party’s Source Code Material may
`only be transported by the receiving Party at the direction of a person authorized
`under paragraph 11(e) above to another person authorized under paragraph 11(e)
`above on paper via hand carry (including via a hand carry courier service). Should
`the producing Party choose to transport any Source Code Material (including
`Source Code Printouts and any and all copies thereof) to the receiving Party via
`hand carry, the producing Party shall bear full responsibility for said transport,
`including payment of all costs and other expenses incurred, so long as the Source
`Code Material is being transported to a location on a regular U.S. Postal Service
`route. Source Code Material may only be transported electronically as is
`reasonably necessary for filing any Source Code Material with the Court or serving
`such Source Code Material on another Party, or for use at a remotely-conducted
`deposition.
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`(i)
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`(j)
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`(k)
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`The receiving Party’s outside counsel and/or expert and/or consultant shall be
`entitled to take notes (electronic or non-electronic) relating to the Source Code
`Material, but may not directly copy any portion of the Source Code Material into
`those notes, except that the notes may contain filenames, directory names, module
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`Case 6:21-cv-00569-ADA Document 75 Filed 07/21/22 Page 11 of 25
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`names, or procedure names. At the receiving Party’s request, the Producing Party
`shall provide a separate stand-alone computer (“note-taking computer”) containing
`word-processing software for note-taking for the sole purpose of typing notes
`related to source code review. The note-taking computer shall be maintained in the
`Source Code viewing room and connectable to a printer to allow the notes to be
`printed by the Receiving Party on watermarked or colored, consecutively
`numbered paper, to be provided by the Producing Party, bearing the designation
`“CONFIDENTIAL - SOURCE CODE” (“Review Note Printouts”). The word-
`processing files will be deleted from the note-taking computer by the Receiving
`Party following the printing of each set of Review Note Printouts, and the
`Producing Party is forbidden from attempting to recover the word-processing files
`on the note-taking computer once they are deleted. No copies of all or any portion
`of the Source Code Material may leave the room in which the source code is
`inspected except as otherwise provided herein.
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`The name(s) of the person(s) who will review Source Code Material on the stand-
`alone computer will be provided to the producing Party in conjunction with any
`written (including email) notice requesting inspection. The receiving Party shall
`provide three business days notice in advance of scheduling any inspections. Such
`notice shall include the names and titles for every individual from the receiving
`Party who will attend the inspection. The producing Party may maintain a daily
`log of the names of persons who enter the locked room to view the source code
`and when they enter and depart;
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`The receiving Party’s outside counsel shall maintain a log of all copies of the
`Source Code Printouts (received from a producing Party) that are delivered by the
`receiving Party to any person and a log of any electronic images of Source Code
`Material. The log shall include the names of the recipients and reviewers of copies
`and locations where the copies are stored. Upon request by the producing Party,
`the receiving Party shall provide reasonable assurances and/or descriptions of the
`security measures employed by the receiving Party and/or person that receives a
`copy of any portion of the source code; and
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`The receiving Party shall periodically make reasonable efforts to determine
`whether any portion(s) of the Source Code Printouts will no longer be used for any
`purpose in the case. Should the receiving Party determine that any portion(s) of the
`Source Code Printouts will no longer be used, it shall promptly and securely
`destroy the portion(s) at issue. Copies of Source Code Printouts that are used as
`deposition exhibits shall not be provided to the Court Reporter or attached to
`deposition transcripts; rather, the deposition record will identify the exhibit by its
`production numbers.
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`The producing Party shall install tools that are sufficient for viewing and searching
`the Source Code Material produced, on the platform produced, and inform the
`receiving Party of what tools will be installed. At a minimum, those tools shall
`include a text editor capable of printing Source Code Material with filename, page
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`(l)
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`(m)
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`(n)
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`(o)
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`Case 6:21-cv-00569-ADA Document 75 Filed 07/21/22 Page 12 of 25
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`and line number; a PDF viewer; Cygwin; a comparison tool such as a “diff” tool;
`and a multi-text file search tool (e.g., Notepad++). The receiving Party’s outside
`counsel and/or experts may request that additional, commercially available
`software tools for viewing and searching Source Code Material be installed on the
`stand-alone computer. The producing Party shall ensure that such additional tools
`are installed on the stand-alone computer, provided, however, that (a) the receiving
`Party possesses an appropriate license to such additional software tools; and (b)
`there is a lack of a reasonable objection to such additional software tools by the
`producing Party. The receiving Party must provide the producing Party with a CD,
`DVD, or e-mail containing such additional 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.
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`(p)
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`The receiving Party may disclose Source Code Printouts to any person who
`authored, previously received, or was directly involved in creating, modifying, or
`editing the Source Code Printouts, or is an employee of the producing Party and
`otherwise personally knowledgeable about the Source Code printouts during a
`deposition or other court proceeding, unless the producing Party reasonably objects
`to the disclosure.
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`12.
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`Any attorney representing a Party, whether in-house or outside counsel, and any
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`person associated with a Party and permitted to receive the other Party’s Protected Material
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`that is 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 to
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`(not including brief, unaware access), or otherwise learns, in whole or in part, of the
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`contents of the other Party’s HIGHLY SENSITIVE MATERIAL describing (a) play
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`control of content on a display device via signaling between a personal computing device
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`(such as a smartphone), an intermediate server, and the display device, (b) any products,
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`services, or systems accused of infringement in this Action, or (c) the patents asserted in
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`this Action and any patent or application claiming priority to or otherwise related to the
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`patents asserted in this Action (collectively the “Field of Invention”) under this Order shall
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`not prepare, prosecute, supervise, or assist in the preparation or prosecution of any patent
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`Case 6:21-cv-00569-ADA Document 75 Filed