Case 6:21-cv-00755-ADA Document 51-1 Filed 04/14/22 Page 1 of 30
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`GENTEX CORPORATION and INDIGO
`TECHNOLOGIES, LLC,
`
`
`Plaintiffs,
`
`THALES VISIONIX, INC.,
`
`
`Involuntary Plaintiff,
`
`
`v.
`
`
`FACEBOOK, INC. and FACEBOOK
`TECHNOLOGIES, LLC,
`
`
`Defendants.
`
`
`
`
`
`Case No. 6:21-cv-00755-ADA
`
`JURY TRIAL DEMANDED
`
`
`
`AGREED PROTECTIVE ORDER
`
`WHEREAS, Plaintiffs Gentex Corporation ("Gentex") and Indigo Technologies, LLC
`
`("Indigo"), Involuntary Plaintiff Thales Visionix, Inc., and Defendants Meta Platforms, Inc.1
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`("Meta") and Facebook Technologies, LLC ("Facebook Techs."), hereafter referred to as "the
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`Parties," believe that certain information that is or will be encompassed by discovery demands by
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`the Parties involves the production or disclosure of trade secrets, confidential business information,
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`or other proprietary information;
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`WHEREAS, the Parties seek a protective order limiting disclosure thereof in accordance
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`with Federal Rule of Civil Procedure 26(c):
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`THEREFORE, it is hereby agreed among the Parties and ORDERED that:
`
`
`1 Effective October 28, 2021, named defendant Facebook, Inc.'s name is now Meta Platforms,
`Inc.
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`
`
`1
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`

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`Case 6:21-cv-00755-ADA Document 51-1 Filed 04/14/22 Page 2 of 30
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`1.
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`Each Party may designate as confidential for protection under this Order, in whole or in
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`part, 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 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 document, information or material, or the disclosure of which may cause harm to a
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`Party or non-Party ("Protected Material"). Protected Material shall be designated by the
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`Party producing it by affixing a legend or stamp on such document, information or material
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`as follows: "CONFIDENTIAL." The word "CONFIDENTIAL" shall be placed clearly on
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`each page of the Protected Material (except deposition and hearing transcripts and natively
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`produced documents) for which such protection is sought. For deposition and hearing
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`transcripts, the word "CONFIDENTIAL" 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 receives
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`notice of the designation of some or all of that transcript as "CONFIDENTIAL." For
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`natively produced Protected Material, the word "CONFIDENTIAL" shall be placed in the
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`filename of each such natively produced document, and shall be included on any slipsheets
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`when produced. Further, any Party when printing such natively produced Protected
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`Material must affix the word "CONFIDENTIAL" to each page of any printed copy thereof.
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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 like
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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 - Attorneys' Eyes Only"
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`shall receive the same treatment as if designated "CONFIDENTIAL - ATTORNEYS'
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`2
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`Case 6:21-cv-00755-ADA Document 51-1 Filed 04/14/22 Page 3 of 30
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`EYES ONLY" under this Order, unless and until such document is redesignated to have a
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`different classification under this Order.
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`3.
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`With respect to documents, information or material designated "CONFIDENTIAL,"
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`"CONFIDENTIAL - ATTORNEYS' EYES ONLY," or "CONFIDENTIAL - SOURCE
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`CODE" ("DESIGNATED MATERIAL"),2 subject to the provisions herein and unless
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`otherwise stated, this Order governs, without limitation: (a) all documents, electronically
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`stored information, and/or things as defined by the Federal Rules of Civil Procedure; (b)
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`all 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.3 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. The protections conferred by this Order do not cover the following
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`information: (a) any information that is in the public domain at the time of disclosure to a
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`receiving Party or becomes part of the public domain after its disclosure to a receiving
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`Party as a result of publication not involving a violation of this Order, including becoming
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`part of the public record through trial or otherwise; and (b) any information known to the
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`receiving Party prior to the disclosure or obtained by the receiving Party after the disclosure
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`2 The term DESIGNATED MATERIAL is used throughout this Protective Order to refer to the
`class of materials designated as "CONFIDENTIAL," "CONFIDENTIAL - ATTORNEYS'
`EYES ONLY," or "CONFIDENTIAL - SOURCE CODE," both individually and collectively.
`3 For the avoidance of doubt, where the accuracy of information is confirmed only through the
`review of DESIGNATED MATERIAL, the fact that such information is accurate is
`DESIGNATED MATERIAL. For example, the accuracy of unsubstantiated media
`speculations or rumors that are later confirmed to be accurate through access to DESIGNATED
`MATERIAL is not public information.
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`
`
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`3
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`Case 6:21-cv-00755-ADA Document 51-1 Filed 04/14/22 Page 4 of 30
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`from a source who obtained the information lawfully and under no obligation of
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`confidentiality to the designating Party.
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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," or "CONFIDENTIAL - SOURCE CODE") may be made
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`at any time. Inadvertent or unintentional production of documents, information or material
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`that has not been designated as DESIGNATED MATERIAL shall not be deemed a waiver
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`in whole or in part of a claim for confidential treatment. In the event that a producing Party
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`inadvertently fails to designate Protected Material, the producing Party shall promptly give
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`written notice of such inadvertent production after discovering it (the "Inadvertent
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`Production Notice") and shall promptly reproduce copies of the Protected Material that are
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`labeled with the appropriate confidentiality designation. Upon receipt of an Inadvertent
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`Production Notice and properly labeled Protected Material, the receiving Party shall
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`promptly destroy the inadvertently produced Protected Material and all copies thereof or
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`return such together with all copies of such Protected Material to counsel for the producing
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`Party. Should the receiving Party choose to destroy such inadvertently produced Protected
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`Material, the receiving Party shall notify the producing Party in writing of such destruction
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`within 14 calendar days of receipt of written notice of the Inadvertent Production Notice
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`and properly labeled Protected Material. This provision is not intended to apply to any
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`inadvertent production of any document, material, or testimony protected by attorney-
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`client or work product privileges.
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`5.
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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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`upon order of the Court, or as set forth in paragraph 12 herein:
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`4
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`Case 6:21-cv-00755-ADA Document 51-1 Filed 04/14/22 Page 5 of 30
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`(a)
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`outside counsel of record in this Action4 for the Parties;
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`(b)
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`employees of such counsel assigned to and reasonably necessary to assist such
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`counsel in the litigation of this Action;
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`(c)
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`up to three (3) in-house counsel for the Parties who are members of good standing
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`of at least one state bar and have responsibility for making decisions dealing directly
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`with the litigation of this Action;
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`(d)
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`outside consultants or experts5 (i.e., not an existing employee or contractor of a
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`Party, an affiliate of a Party, a current employee or contractor of a Party's
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`competitor,6 or—at the time of retention—any person who is anticipated to become
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`an employee or contractor of a Party or of a Party's competitor) retained for the
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`purpose of this litigation, provided that: (1) such consultants or experts are not
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`presently employed by the Parties hereto for purposes other than this Action7; (2)
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`4 This "Action" means Case No. 6:21-cv-00755-ADA.
`5 For any such person, the curriculum vitae shall identify (i) the full name of the consultant or
`expert and the city or state of his or her primary residence, (ii) his/her current employer(s), (iii)
`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; (iv) (by name and
`number of the case, filing date, and location of court) any litigation in connection with which
`s/he has offered expert testimony, including through a declaration, report, or testimony at a
`deposition or trial, during the preceding five years; and (v) any patents or patent applications
`in which the expert or consultant is identified as an inventor or applicant, is involved in
`prosecuting or maintaining, or has any pecuniary interest. If such consultant or expert believes
`any of this information is subject to a confidentiality obligation to a third party, then 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.
`6 For purposes of this paragraph, a competitor is a for-profit business that operates in the virtual,
`augmented, or mixed-reality space in the fields of entertainment or consumer products.
`7 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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`5
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`Case 6:21-cv-00755-ADA Document 51-1 Filed 04/14/22 Page 6 of 30
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`before access
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`is given,
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`the consultant or expert has completed
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`the
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`"Acknowledgment and Agreement to Be Bound" attached as Exhibit A hereto, and
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`the same is served upon the producing Party with a current curriculum vitae of the
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`consultant or expert at least ten (10) days before access to the Protected Material is
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`to be given to that consultant to object to and notify the receiving Party in writing
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`that it objects to disclosure of Protected Material to the consultant or expert.8 The
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`Parties agree to promptly confer and use good faith to resolve any such objection.
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`If the Parties are unable to resolve any objection, the objecting Party may file a
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`motion with the Court within fifteen (15) days of the notice of objection, or within
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`such other time as the Parties may agree, seeking a protective order with respect to
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`the proposed disclosure. The objecting Party shall have the burden of proving the
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`need for a protective order. No disclosure shall occur until all such objections are
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`resolved by agreement or Court order9;
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`(e)
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`independent litigation support services, including persons working for or as court
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`reporters, graphics or design services, jury or trial consulting services including
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`mock
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`jurors who have signed a confidentiality agreement and
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`the
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`"Acknowledgment and Agreement to Be Bound" (Exhibit A), and photocopy,
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`8 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 Protected Material shall be disclosed pursuant to this
`paragraph.
`9 A party who has not previously objected to disclosure of Protected Material to an expert or
`whose objection has been resolved with respect to previously produced Protected Material
`shall not be precluded from raising an objection to an expert at a later time if new information
`about that expert is disclosed or discovered.
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`6
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`Case 6:21-cv-00755-ADA Document 51-1 Filed 04/14/22 Page 7 of 30
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`document imaging, translating, document review, and database services retained by
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`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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`court reporters and their staff;
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`(h)
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`to witnesses during deposition or hearing testimony, as provided for in Paragraph
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`15 of this Order;
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`(i)
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` the author or recipient of a document containing the information or a custodian or
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`other person who otherwise possessed or knew the information; and
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`(j)
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`any mediator who is assigned to this matter, and his or her staff, who have signed
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`the "Acknowledgment and Agreement to Be Bound" (Exhibit A).
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`6.
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`A Party shall designate documents, information or material as "CONFIDENTIAL" only
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`upon a good faith belief that the documents, information or material contains confidential
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`or proprietary information or trade secrets of the Party or a Third Party to whom the Party
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`reasonably believes it owes an obligation of confidentiality with respect to such documents,
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`information or material.
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`7.
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`Documents, information or material produced in this Action, including but not limited to
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`Protected Material designated as DESIGNATED MATERIAL, and the knowledge of the
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`existence of such Protected Material (i) shall be used only for prosecuting, defending, or
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`attempting to settle this Action, (ii) shall not be used for any business purpose, in
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`connection with any other legal or administrative proceeding, including but not limited to
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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), or directly or indirectly for any other purpose whatsoever, and (iii) shall not
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`be disclosed to any person who is not entitled to receive such Protected Material as herein
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`7
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`Case 6:21-cv-00755-ADA Document 51-1 Filed 04/14/22 Page 8 of 30
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`provided. For the avoidance of doubt, nothing in this Paragraph (or elsewhere in this Order)
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`shall prevent any individual identified in Paragraph 5(a-d) of this Order from representing
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`or otherwise acting on behalf of a Party in any contested proceeding involving any of the
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`patents asserted in this Action before a domestic or foreign agency (including, but not
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`limited to, a reissue protest, interference, post grant review, ex parte, or inter partes
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`reexamination or review), except that any individual who reviews or otherwise gains
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`knowledge of HIGHLY SENSITIVE MATERIAL shall not be involved, either directly or
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`indirectly, in amending claims or drafting claims, subject to Paragraph 11 of this Order.
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`All produced Protected Material shall be carefully maintained so as to preclude access by
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`persons who are not entitled to receive such Protected Material, and any person or entity
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`who obtains access to DESIGNATED MATERIAL or the contents thereof pursuant to this
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`Order shall not make any copies, duplicates, extracts, summaries or descriptions of such
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`DESIGNATED MATERIAL or any portion thereof except as may be reasonably necessary
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`in the litigation of this Action. Any such copies, duplicates, extracts, summaries or
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`descriptions shall be classified DESIGNATED MATERIALS and subject to all of the
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`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 to be
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`designated CONFIDENTIAL is so sensitive that its dissemination deserves even further
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`limitation, including but not limited to: proprietary design and development materials for
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`products and/or services, sensitive products and/or services, confidential financial
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`information, and strategic decision-making information, the producing Party may
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`designate such Protected Material "CONFIDENTIAL - ATTORNEYS' EYES ONLY," or
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`to the extent such Protected Material includes or substantially incorporates or discloses
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`8
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`Case 6:21-cv-00755-ADA Document 51-1 Filed 04/14/22 Page 9 of 30
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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),10
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`the producing Party may designate such Protected Material as
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`"CONFIDENTIAL - SOURCE CODE" ("Source Code Material").
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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-b) and (d-j).
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`10.
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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"
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`computer(s) (that is, the computer may not be linked to any network, including a
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`local area network ("LAN"), an intranet or the Internet) in a secured locked room.
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`The stand-alone computer(s) may only be located within the continental United
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`States at an office of the producing Party's outside counsel or other location agreed
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`by the parties. The stand-alone computer(s) shall have disk encryption and be
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`password protected. Use or possession of any input/output device (e.g., USB
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`memory stick, mobile phone or tablet, camera or any camera-enabled device, CD,
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`floppy disk, portable hard drive, laptop, or any device that can access the Internet
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`or any other network or external system, etc.) is prohibited while accessing the
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`10 "Source code" means 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, debug files,
`file names, and file paths.
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`9
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`Case 6:21-cv-00755-ADA Document 51-1 Filed 04/14/22 Page 10 of 30
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`stand-alone computer containing the Source Code Material. All persons entering
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`the locked room containing the stand-alone computer(s) must agree to submit to
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`reasonable security measures to ensure they are not carrying any prohibited items
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`before they will be given access to the stand-alone computer(s). The producing
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`Party may periodically "check in" on the activities of the receiving Party's
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`representatives during any stand-alone computer review and may visually monitor
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`the activities of the receiving Party's representatives from outside the room in which
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`the stand-alone computer(s) is located, but only to ensure that no unauthorized
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`electronic records of the Source Code Material and no information concerning the
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`Source Code Material are being created or transmitted in any way. Such checking
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`in and monitoring shall not include viewing the contents of the computer screen,
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`viewing any notes taken by the receiving Party, logging the receiving Party's
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`keystrokes on the stand-alone computer(s), or any other attempt to record (visually,
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`audibly, or by any other means) the activities of the receiving Party's
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`representatives, absent permission from the receiving Party's representatives. The
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`producing Party may not record (visually, audibly or by other means) the activities
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`of the receiving Party's representatives;
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`(b)
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`The receiving Party shall make reasonable efforts to restrict its requests for such
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`access to the stand-alone computer(s) to normal business hours, which for purposes
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`of this paragraph shall be 9:00 a.m. through 5:00 p.m of the location in which the
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`stand-alone computer is located. However, upon reasonable notice from the
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`receiving Party, the producing Party shall make reasonable efforts to accommodate
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`the receiving Party's request for access to the stand-alone computer(s) outside of
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`10
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`normal business hours. The Parties agree to cooperate in good faith such that
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`maintaining the producing Party's Source Code Material at the offices of its outside
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`counsel shall not unreasonably hinder the receiving Party's ability to efficiently and
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`effectively conduct the prosecution or defense of this Action;
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`(c)
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`The producing Party will produce Source Code Material in a computer searchable
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`format on the stand-alone computer(s) as described above. The producing Party
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`shall install tools that are sufficient for viewing and searching the code produced.
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`The receiving Party's outside counsel and/or experts/consultants may request that
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`commercially available software tools for viewing and searching source code be
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`installed on the source computer, provided, however, that (a) the receiving Party
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`possesses an appropriate license to such software tools; (b) the producing Party
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`approves such software tools; and (c) review on such software is performed
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`consistently with all of the protections herein. The producing Party shall approve
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`reasonable requests for commercially available software tools. The receiving Party
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`must provide the producing Party with the media, file path, or Advanced Package
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`Tool package containing such licensed software tool(s) at least five (5) business
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`days in advance of the date upon which the receiving Party wishes to have the
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`additional software tools available for use on the stand-alone computer containing
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`the Source Code Material. The producing Party shall make reasonable attempts to
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`install the requested software but will not be held responsible for the proper setup,
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`functioning, or support of any software requested by the receiving Party. By way
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`of example, the producing Party will not compile or debug software for installation.
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`
`
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`11
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`To the extent a deposition of a witness located in the United States11 is likely to
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`involve Source Code Material, the Party taking the deposition shall provide at least
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`seven (7) calendar days written notice of that fact, and the producing Party will
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`make a Source Code computer available at the deposition;
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`(d)
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`Access to Source Code Material and to the stand alone source code computer(s)
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`shall be limited to outside counsel of record in this Action for the Parties, employees
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`of such counsel assigned to and reasonably necessary to assist such counsel in the
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`litigation of this Action, up to four12 (4) outside consultants or experts (i.e., not
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`existing employees or affiliates of a Party or an affiliate of a Party) retained for the
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`purpose of this litigation and approved to access such Protected Materials pursuant
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`to paragraph 5(d) above, and those individuals in paragraph 5(e) and 5(f) above.
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`Employees of outside counsel of record and individuals in paragraphs 5(d)-5(e)
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`may not access Source Code Material unless they execute the "Acknowledgment
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`and Agreement to Be Bound" in Exhibit A;
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`(e)
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`To the extent portions of Source Code Material are quoted in an electronic copy or
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`image of a document which, pursuant to the Court's rules, procedures, or order,
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`must be filed or served electronically ("Source Code Document"), either (1) the
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`11 At present time, neither Party is aware of any fact or expert witnesses outside of the United
`States whose deposition is likely to involve Source Code Material. To the extent that changes,
`the Party becoming aware of such fact should notify the other Party promptly. The Parties
`agree to discuss in good faith the appropriate protections for the use of a Source Code computer
`at such deposition, and/or travel of the relevant fact or expert witness to the United States.
`12 Only one additional outside consultant or expert may be added to this section upon a showing
`of good cause by the Requesting Party and may not be added without prior written approval
`by the Producing Party. The Parties agree to meet and confer on whether good cause to add
`one additional outside consultant or expert exists. The total number of outside consultants or
`experts retained for the purpose of this litigation and approved to access Source Code Material
`and the stand alone source code computer(s) shall not exceed five (5).
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`
`
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`12
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`Case 6:21-cv-00755-ADA Document 51-1 Filed 04/14/22 Page 13 of 30
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`entire Source Code Document will be stamped and treated as CONFIDENTIAL -
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`SOURCE CODE or (2) those pages containing quoted Source Code Material will
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`be separately stamped and treated as CONFIDENTIAL - SOURCE CODE;
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`(f)
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`Except as set forth in paragraph 10(g), 10(h) and 10(j), no electronic copies or
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`images of Source Code Material shall be made without prior written consent of the
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`producing Party, except as necessary to create documents which, pursuant to the
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`Court's rules, procedures and order, must be filed or served electronically, as
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`discussed in the above paragraph.
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`(g)
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`The receiving Party may create an electronic copy or image of limited excerpts of
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`Source Code Material from Source Code Printouts as defined below in paragraph
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`(i), only to the extent necessary to create Source Code Documents or any drafts of
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`these documents.13 Each excerpt may contain no more than 50 consecutive lines of
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`Source Code Material. Source Code Documents may contain multiple excerpts of
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`Source Code Material, but the receiving Party shall only include such excerpts as
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`are reasonably necessary for the purposes for which such part of the Source Code
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`Material is used. Apart from service of Source Code Documents, images or copies
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`of Source Code Material shall not be included in correspondence between the
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`parties (references to production numbers shall be used instead) and shall be
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`omitted from pleadings and other papers except to the extent permitted herein. The
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`receiving Party may create an electronic image of a selected portion of the Source
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`Code Material only when the electronic file containing such image has been
`
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`13 Drafts shall only include those excerpts the Receiving Party reasonably believes may be
`included in the final version.
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`
`
`
`13
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`Case 6:21-cv-00755-ADA Document 51-1 Filed 04/14/22 Page 14 of 30
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`encrypted using commercially reasonable encryption software including password
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`protection. The communication and/or disclosure of electronic files containing any
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`portion of Source Code Material shall at all times be limited to individuals who are
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`authorized to see Source Code Material under the provisions of this Protective
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`Order. Additionally, all electronic copies must be labeled "CONFIDENTIAL -
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`SOURCE CODE." If Source Code Documents are filed with the Court, they must
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`be filed under seal in accordance with the Court's rules, procedures and orders, with
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`the understanding that such documents cannot be encrypted or password protected
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`when filed with the Court.
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`(h)
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`Except as set forth in paragraphs 10(g), 10(j) and in this paragraph, no person shall
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`copy, e-mail, transmit, upload, download, print, photograph or otherwise duplicate
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`any portion of the designated "CONFIDENTIAL - SOURCE CODE" material. The
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`receiving Party may request up to three (3) paper copies ("Source Code Printouts")
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`of limited portions of the Source Code Material, but only if and to the extent
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`reasonably necessary for the preparation of court filings, pleadings, expert reports,
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`or other papers, or for deposition or trial. In no event may the Receiving Party
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`designate for printing more than (a) 25 consecutive pages, or (b) an aggregate total
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`of more than 350 pages of source code during the duration of the case without prior
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`written approval by the producing Party, which shall not be unreasonably withheld.
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`The receiving Party shall not request paper copies for the purposes of reviewing the
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`source code other than electronically as set forth in paragraph (a) in the first
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`instance. Using the software available on the source code computer, the receiving
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`Party shall create PDFs of the printed copies the receiving Party is requesting and
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`Case 6:21-cv-00755-ADA Document 51-1 Filed 04/14/22 Page 15 of 30
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`save them in a folder on the desktop named "Print Requests" with a subfolder
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`identifying the date of the request. The PDF printouts must include identifying
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`information including the full file path and file name, page number, line numbers,
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`and date. The request for printed Source Code Material shall be served via email
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`request identifying the subfolders of the "Print Requests" folder that the receiving
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`Party is requesting. Within five (5) business days or such additional time as
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`necessary due to volume requested, the Producing Party will provide the requested
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`material on watermarked or colored paper bearing Bates numbers and the legend
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`"CONFIDENTIAL - SOURCE CODE" unless objected to as discussed below. At
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`the inspecting Party's request, up to two additional sets (or subsets) of printed
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`source code may be requested and provided by the producing Party in a timely
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`fashion. The producing Party may challenge the amount of source code requested
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`in hard copy form pursuant to the dispute resolution procedure and timeframes set
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`forth in Paragraph 19 whereby the producing Party is the "requesting Party" and the
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`receiving Party is the "designating Party" for purposes of dispute resolution, where
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`requests above the aforementioned limits of consecutive pages of code and per-
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`product aggregate pages of code would, per Paragraph 19, place the burden on the
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`receiving Party to show such a request is reasonably necessary. However, provided
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`that a request for printed source code otherwise complies with the other provisions
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`of this Protective Order (including the aforementioned limits of consecutive pages
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`of code), the producing Party may not withhold the requested Source Code
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`Printouts.
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`Case 6:21-cv-00755-ADA Document 51-1 Filed 04/14/22 Page 16 of 30
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`(i)
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`If the receiving Party's outside counsel, consultants, or experts obtain Source Code
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`Printouts, the receiving Party shall ensure that such outside counsel, consultants, or
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`experts keep the Source Code Printouts under their direct control in a secured
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`locked area in the offices or current working location of such outside counsel,
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`consultants, or expert. The receiving Party may also temporarily keep the Source
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`Code Printouts at: (i) the Court for any proceedings(s) relating to the Source Code
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`Material, for the dates associated with the proceeding(s); (ii) the sites where any
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`deposition(s) relating to the Source Code Material are taken, for the dates associated
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`with the deposition(s); and (iii) any intermediate location reasonably necessary to
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`transport Source Code Printouts to a Court proceeding or deposition, provided that
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`the Source Code Printouts are kept in a secure manner that ensures access is limited
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`to the persons authorized under this Order;
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`(j)
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`A producing Party's Source Code Material may only be transported by the receiving
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`Party at the direction of a person authorized under paragraph 10(d) above to another
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`person authorized under paragraph 10(d) above on paper via hand carry, Federal
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`Express, or UPS, with tracking and signature required on receipt. Source Code
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`Material may not be transported or transmitted electronically over a network of any
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`kind, including a LAN, an intranet, or the Internet, except that Source Code
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`Material may be transported electronically only as is reasonably necessary for filing
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`any Source Code Material with the Court, serving such Source Code Material on
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`another Party, or preparing any such documents to be filed with the Court or serv