Case 6:21-cv-00916-ADA Document 64 Filed 05/31/22 Page 1 of 16
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`Plaintiff,
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`v.
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`RFCYBER CORP.
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`APPLE INC.,
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`Defendant.
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`§
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`Case No. 6:21-CV-00916-ADA
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`PROTECTIVE ORDER FOR PATENT CASES
`WHEREAS, Plaintiff RFCyber Corp. and Defendant Apple, Inc., 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
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`information, or other proprietary information;
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`WHEREAS, the Parties seek a protective order limiting disclosure thereof in accordance with Federal
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`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 or in part,
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`any document, information, or material that constitutes or includes, in whole or in part,
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`confidential or proprietary information or trade secrets of the Party or a Third Party to whom
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`the Party reasonably believes it owes an obligation of confidentiality with respect to such
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`document, information, or material (“Protected Material”). Protected Material shall be
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`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 hearing
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`transcripts) for which such protection is sought. For deposition and hearing transcripts, the
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`word “CONFIDENTIAL” shall be placed on the cover page of the transcript (if not already
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`present on the cover page of the transcript when received from the court reporter) by each
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`attorney receiving a copy of the transcript after that attorney receives notice of the
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`designation of some or all of that transcript as “CONFIDENTIAL.”
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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 - Outside Attorneys’
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`Eyes Only” shall receive the same treatment as if designated “CONFIDENTIAL -
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`OUTSIDE ATTORNEYS’ EYES ONLY” under this Order, unless and until such
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`document is re-designated to have a 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,” “CONFIDENTIAL - OUTSIDE
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`ATTORNEYS’ EYES ONLY,” or “CONFIDENTIAL
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`- SOURCE CODE”
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`(“DESIGNATED MATERIAL”),1 subject to the provisions herein and unless otherwise
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`stated, this Order governs, without limitation: (a) all documents, electronically stored
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`information, and/or things as defined by the Federal Rules of Civil Procedure; (b) all
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`1 The term DESIGNATED MATERIAL is used throughout this Protective Order to refer to the
`class of materials designated as “CONFIDENTIAL,” “CONFIDENTIAL - ATTORNEYS’ EYES
`ONLY,” “CONFIDENTIAL - OUTSIDE ATTORNEYS’ EYES ONLY,” or “CONFIDENTIAL
`- SOURCE CODE,” individually and collectively.
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`pretrial, hearing or deposition testimony, or documents marked as exhibits or for
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`identification in depositions and hearings; (c) pretrial pleadings, exhibits to pleadings and
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`other court filings; (d) affidavits; and (e) stipulations. All copies, reproductions, extracts,
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`digests, and complete or partial summaries prepared from any DESIGNATED
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`MATERIALS shall also be considered DESIGNATED MATERIAL and treated as such
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`under this Order.
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`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 part
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`of a claim for confidential treatment. Any Party that inadvertently or unintentionally
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`produces Protected Material without designating it as DESIGNATED MATERIAL may
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`request destruction of that Protected Material by notifying the recipient(s) as soon as
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`reasonably possible after the producing Party becomes aware of the inadvertent or
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`unintentional disclosure, and providing replacement Protected Material that is properly
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`designated. The recipient(s) shall then destroy all copies of the inadvertently or
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`unintentionally produced Protected Materials and any documents, information, or material
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`derived from or based thereon.
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`5.
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`“CONFIDENTIAL” documents, information, and material may be disclosed only to 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 15 herein:
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`(a)
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`Outside counsel of record in this Action for the Parties.
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`(b)
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`(c)
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`(d)
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`(e)
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`Employees of such counsel assigned to and reasonably necessary to assist such
`counsel in the litigation of this Action.
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`In-house counsel for the Parties who either have responsibility for making decisions
`dealing directly with the litigation of this Action, or who are assisting outside
`counsel in the litigation of this Action.
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`Up to and including three (3) designated representatives of each of the Parties to the
`extent reasonably necessary for the litigation of this Action, except that any Party
`may in good faith request the other Party’s consent to designate one or more
`additional representatives, the other Party shall not unreasonably withhold such
`consent, and the requesting Party may seek leave of Court to designate such
`additional representative(s) if the requesting Party believes the other Party has
`unreasonably withheld such consent.
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`Outside consultants or experts retained for the purpose of this litigation, provided
`that: (1) such consultants or experts are not presently employed by the Parties or
`of an affiliate of a Party hereto for purposes other than this Action; (2) before access
`is given, the consultant or expert has completed the Undertaking attached as
`Appendix A hereto and the same is served upon the producing Party with a current
`curriculum vitae of the consultant or expert, including a list of other cases in which
`the individual has provided a report or testified (at trial or deposition) and a list of
`companies that the individual has been employed by or provided consulting
`services pertaining to the field of the invention of the patent(s)-in-suit or the
`products accused of infringement within the last four years and a brief description
`of the subject matter of the consultancy or employment, at least ten (10) days
`before access to the Protected Material is to be given to that consultant or expert
`to object to and notify the receiving Party in writing that it objects to disclosure of
`Protected Material to the consultant or expert. The Parties agree to promptly confer
`and use good faith to resolve any such objection. If the Parties are unable to resolve
`any objection, the objecting Party may file a motion with the Court within fifteen
`(15) days of receipt of the notice, or within such other time as the Parties may agree,
`seeking a protective order with respect to the proposed disclosure. The objecting
`Party shall have the burden of proving the need for a protective order. No disclosure
`shall occur until all such objections are resolved by agreement or Court order.
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`(f)
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`Independent litigation support services, including persons working for or as court
`reporters, graphics or design services, jury or trial consulting services, and
`photocopy, document imaging, and database services retained by counsel and
`reasonably necessary to assist counsel with the litigation of this Action.
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`(g)
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`The Court and its personnel.
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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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`6.
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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 pursuant to any discovery request in this
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`Action, including but not limited to Protected Material designated as DESIGNATED
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`MATERIAL, shall be used by the Parties only in the litigation of this Action and shall not
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`be used for any other purpose. Any person or entity who obtains access to DESIGNATED
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`MATERIAL or the contents thereof pursuant to this Order shall not make any copies,
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`duplicates, extracts, summaries, or descriptions of such DESIGNATED MATERIAL or any
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`portion thereof except as may be reasonably necessary in the litigation of this Action. Any
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`such copies, duplicates, extracts, summaries, or descriptions shall be classified
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`DESIGNATED MATERIALS and subject to all of the terms and conditions of this Order.
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`8.
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`To the extent a producing Party believes that certain Protected Material qualifying to be
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`designated CONFIDENTIAL is so sensitive that its dissemination deserves even further
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`limitation, the producing Party may designate such Protected Material “CONFIDENTIAL
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`- ATTORNEYS’ EYES ONLY,” or to the extent such Protected Material includes computer
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`source code and/or live data (that is, data as it exists residing in a database or databases)
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`(“Source Code Material”), the producing Party may designate such Protected Material as
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`“CONFIDENTIAL - SOURCE CODE.”
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`9.
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`For Protected Material designated CONFIDENTIAL - ATTORNEYS’ EYES ONLY,
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`access to, and disclosure of, such Protected Material shall be limited to individuals listed
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`in paragraphs 5(a–c) and (e–g); provided, however, that access by in-house counsel pursuant
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`to paragraph 5(c) be limited to in-house counsel who exercise no competitive decision-
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`making authority on behalf of the client.
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`10.
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`For Protected Material designated CONFIDENTIAL - OUTSIDE ATTORNEYS’ EYES
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`ONLY, access to, and disclosure of, such Protected Material shall be limited to individuals
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`listed in paragraphs 5(a–b) and (e–g); provided, however, that the designating Party shall
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`accommodate reasonable requests to provide summary information to in-house counsel
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`designated pursuant to paragraph 5(c) who exercise no competitive decision-making
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`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 following
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`additional restrictions apply:
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`(a)
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`(b)
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`Access to a Party’s Source Code Material shall be provided only on “stand-alone”
`computer(s) (that is, the computer may not be linked to any network, including a
`local area network (“LAN”), an intranet or the Internet). The stand-alone
`computer(s) shall include a full-size keyboard, mouse, and two monitors. The
`stand-alone computer(s) may be connected to (i) a printer, or (ii) a device capable
`of temporarily storing electronic copies solely for the limited purposes permitted
`pursuant to paragraphs 11(h and k) below. Additionally, except as provided in
`paragraph 11(k) below, the stand-alone computer(s) may only be located at the
`offices of the producing Party’s outside counsel or its vendors.
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`Prior to the first inspection of any requested Source Code Material, the Receiving
`Party shall provide fourteen (14) days’ notice of the Source Code Material that it
`wishes to inspect. The Receiving Party shall provide three (3) days’ notice prior
`to any additional inspections of that code. The Receiving Party shall make
`reasonable efforts to restrict its requests for such access to the Source Code
`Computer to normal business hours, which for purposes of this paragraph shall be
`9:00 a.m. through 5:00 p.m on business days (i.e., weekdays that are not Federal
`holidays). A list of names of persons who will inspect the Source Code Material
`will be provided to the Producing Party at the time of the request for access.
`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
`Source Code 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 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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`(c)
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`The producing Party shall provide the receiving Party with information explaining
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`how to start, log on to, and operate the stand-alone computer(s) in order to access the
`produced Source Code Material on the stand-alone computer(s).
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`The producing Party will produce Source Code Material in computer searchable
`format on the stand-alone computer(s) as described above.
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`Access to Source Code Material shall be limited to outside counsel and up to three
`(3) outside consultants or experts2 (i.e., not existing employees or affiliates of a
`Party or an affiliate of a Party or competitor identified by the Producing Party with
`reasonable specificity) retained for the purpose of this litigation and approved to
`access such Protected Materials pursuant to paragraph 5(e) above. A receiving
`Party may include excerpts of Source Code Material in an exhibit to a pleading,
`expert report, or deposition transcript (collectively, “Source Code Exhibits”),
`provided that the Source Code Exhibits are appropriately marked under this Order,
`restricted to those who are entitled to have access to them as specified herein, and,
`if filed with the Court, filed under seal in accordance with the Court’s rules,
`procedures, and orders.
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`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(k) below, no electronic copies of Source Code
`Material shall be made without prior written consent of the producing Party, except
`as necessary to create documents that, pursuant to the Court’s rules, procedures,
`and order, must be filed or served electronically.
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`The receiving Party shall be permitted to make a reasonable number of printouts and
`photocopies of Source Code Material, which shall presumptively be a total of ten
`(10), all of which shall be designated and clearly labeled “CONFIDENTIAL -
`SOURCE CODE,” and the receiving Party shall maintain a log of all such files that
`are printed or photocopied.
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`Should such printouts or photocopies be permissibly transferred back to electronic
`media, such media shall be labeled “CONFIDENTIAL - SOURCE CODE” and
`shall continue to be treated as such.
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`(d)
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`(e)
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`(f)
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`(g)
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`(h)
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`(i)
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`2 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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`If the receiving Party’s outside counsel, consultants, or experts obtain printouts or
`photocopies of Source Code Material, the receiving Party shall ensure that such
`outside counsel, consultants, or experts keep the printouts or photocopies in a
`secured locked area in the offices of such outside counsel, consultants, or expert.
`The receiving Party may also temporarily keep the printouts or photocopies at: (i) the
`Court for any proceedings(s) relating to the Source Code Material, for the dates
`associated with the proceeding(s); (ii) the sites where any deposition(s) relating to
`the Source Code Material are taken, for the dates associated with the deposition(s);
`and (iii) any intermediate location reasonably necessary to transport the printouts or
`photocopies (e.g., a hotel prior to a Court proceeding or deposition).
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`A producing Party’s Source Code Material may only be transported by the receiving
`Party at the direction of a person authorized under paragraph 11(e) above to another
`person authorized under paragraph 11(e) above, on paper or removable electronic
`media (e.g., a DVD, CD-ROM, or flash memory “stick”) via hand carry, Federal
`Express, or other similarly reliable courier. Source Code Material may not be
`transported or transmitted electronically over a network of any kind, including a
`LAN, an intranet, or the Internet.
`The receiving party may request that commercially available licensed software
`tools for viewing and searching of Source Code Material (such as NotePad ++,
`Beyond Compare, and SciTools Understand) be installed on the stand-alone
`computer(s) for purposes of the review. The receiving party must provide the
`producing Party with the CD, DVD, or website link(s) containing the software
`tool(s) to be installed on the stand-alone computer(s). Not later than five (5)
`business days after the receiving party provides to the producing Party the CD,
`DVD, or website link(s) for the requested software tools, the producing Party shall
`install and make the requested software tools available for use on the stand-alone
`computer provided that the requested search software is compatible with the
`operating system, and other software necessary to make the Source Code available
`for inspection, installed on a Source Code Review computer(s), does not prevent
`or impede the receiving Party’s access to the Source Code Material produced for
`inspection on Source Code Review computer(s) and does not side-step any of the
`security features enabled on a Source Code Review computer(s). The receiving
`party shall not use any compilers in connection with the producing Party’s Source
`Code Material.
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`Any attorney representing a Party, whether in-house or outside counsel, and any person
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`associated with a Party and permitted to receive the other Party’s Protected Material that is
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`designated CONFIDENTIAL - ATTORNEYS’ EYES ONLY, CONFIDENTIAL -
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`OUTSIDE ATTORNEYS’ EYES ONLY, and/or CONFIDENTIAL - SOURCE CODE
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`(collectively “HIGHLY SENSITIVE MATERIAL”), who obtains, receives, has access to,
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`(j)
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`(k)
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`(l)
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`or otherwise learns, in whole or in part, the other Party’s HIGHLY SENSITIVE
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`MATERIAL under this Order shall not prepare, prosecute, supervise, or assist in the
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`preparation or prosecution of any patent application pertaining to the field of the invention
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`of the patents-in-suit during the pendency of this Action and for one year after its conclusion,
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`including any appeals. To ensure compliance with the purpose of this provision, each Party
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`shall create an “Ethical Wall” between those persons with access to HIGHLY SENSITIVE
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`MATERIAL and any individuals who prepare, prosecute, supervise or assist in the
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`preparation or prosecution of any patent application pertaining to the field of invention of
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`the patent-in-suit. Nothing in this Order shall prevent a person with access to HIGHLY
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`SENSITIVE MATERIAL from participating in a PTO proceeding, e.g., IPR or PGR,
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`except for that person shall not participate—directly or indirectly—in the amendment of
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`any claim(s).
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`13.
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`Nothing in this Order shall require production of documents, information, or other material
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`that a Party contends is protected from disclosure by the attorney-client privilege, the work
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`product doctrine, or other privilege, doctrine, or immunity. If documents, information, or
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`other material subject to a claim of attorney-client privilege, work product doctrine, or other
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`privilege, doctrine, or immunity is inadvertently or unintentionally produced, such
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`production shall in no way prejudice or otherwise constitute a waiver of, or estoppel as to,
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`any such privilege, doctrine, or immunity. Any Party that inadvertently or unintentionally
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`produces documents, information, or other material it reasonably believes are protected
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`under the attorney-client privilege, work product doctrine, or other privilege, doctrine, or
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`immunity may obtain the return of such documents, information, or other material by
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`promptly notifying the recipient(s) and providing a privilege log for the inadvertently or
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`unintentionally produced documents, information, or other material. The recipient(s)
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`shall gather and return all copies of such documents, information, or other material to the
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`producing Party, except for any pages containing privileged or otherwise protected markings
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`by the recipient(s), which pages shall instead be destroyed and certified as such to the
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`producing Party.
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`14.
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`There shall be no disclosure of any DESIGNATED MATERIAL by any person authorized
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`to have access thereto to any person who is not authorized for such access under this Order.
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`The Parties are hereby ORDERED to safeguard all such documents, information, and
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`material to protect against disclosure to any unauthorized persons or entities.
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`15.
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`Nothing contained herein shall be construed to prejudice any Party’s right to use any
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`DESIGNATED MATERIAL in taking testimony at any deposition or hearing provided that
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`the DESIGNATED MATERIAL is only disclosed to a person(s) who is: (i) eligible to have
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`access to the DESIGNATED MATERIAL by virtue of his or her employment with the
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`designating Party; (ii) identified in the DESIGNATED MATERIAL as an author, addressee,
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`or copy recipient of such information; (iii) although not identified as an author, addressee,
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`or copy recipient of such DESIGNATED MATERIAL, has, in the ordinary course of
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`business, seen such DESIGNATED MATERIAL; (iv) a current or former officer, director
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`or employee of the producing Party or a current or former officer, director, or employee
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`of a company affiliated with the producing Party; (v) counsel for a Party, including outside
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`counsel and in-house counsel (subject to paragraph 9 of this Order); (vi) an independent
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`contractor, consultant, and/or expert retained for the purpose of this litigation; (vii) court
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`reporters and videographers; (viii) the Court; or (ix) other persons entitled hereunder to
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`access to DESIGNATED MATERIAL.
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` DESIGNATED MATERIAL shall not be
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`disclosed to any other persons unless prior authorization is obtained from counsel
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`representing the producing Party or from the Court.
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`16.
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`Parties may, at the deposition or hearing or within thirty (30) days after receipt of a
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`deposition or hearing transcript, designate the deposition or hearing transcript or any portion
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`thereof as “CONFIDENTIAL,” “CONFIDENTIAL - ATTORNEYS’ EYES ONLY,”
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`“CONFIDENTIAL - OUTSIDE ATTORNEYS’ EYES ONLY,” or “CONFIDENTIAL -
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`SOURCE CODE” pursuant to this Order. Access to the deposition or hearing transcript so
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`designated shall be limited in accordance with the terms of this Order. Until expiration of
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`the 30-day period, the entire deposition or hearing transcript shall be treated as
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`CONFIDENTIAL - OUTSIDE ATTORNEYS’ EYES ONLY.
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`17.
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`Any DESIGNATED MATERIAL that is filed with the Court shall be filed under seal and
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`shall remain under seal until further order of the Court. The filing Party shall be responsible
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`for informing the Clerk of the Court that the filing should be sealed and for placing the
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`legend “FILED UNDER SEAL PURSUANT TO PROTECTIVE ORDER” above the
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`caption and conspicuously on each page of the filing. Exhibits to a filing shall conform
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`to the labeling requirements set forth in this Order. If a pretrial pleading filed with the
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`Court, or an exhibit thereto, discloses or relies on DESIGNATED MATERIAL, such
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`confidential portions shall be redacted to the extent necessary and the pleading or exhibit
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`filed publicly with the Court.
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`18.
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`The Order applies to pretrial discovery. Nothing in this Order shall be deemed to prevent
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`the Parties from introducing any DESIGNATED MATERIAL into evidence at the trial of
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`this Action, or from using any information contained in DESIGNATED MATERIAL at
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`the trial of this Action, subject to any pretrial order issued by this Court.
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`19.
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`A Party may request in writing to the other Party that the designation given to any
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`DESIGNATED MATERIAL be modified or withdrawn. If the designating Party does
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`not agree to re-designation within ten (10) days of receipt of the written request, the
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`requesting Party may apply to the Court for relief. Upon any such application to the Court,
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`the burden shall be on the designating Party to show why its classification is proper. Such
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`application shall be treated procedurally as a motion to compel pursuant to Federal Rule
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`of Civil Procedure 37, subject to the Rule’s provisions relating to sanctions. In making
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`such application, the requirements of the Federal Rules of Civil Procedure and the Local
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`Rules of the Court shall be met. Pending the Court’s determination of the application, the
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`designation of the designating Party shall be maintained.
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`20.
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`Each outside consultant or expert to whom DESIGNATED MATERIAL is disclosed in
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`accordance with the terms of this Order shall be advised by counsel of the terms of this
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`Order, shall be informed that they are subject to the terms and conditions of this Order, and
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`shall sign an acknowledgment that they have received a copy of, have read, and have
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`agreed to be bound by this Order. A copy of the acknowledgment form is attached as
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`Appendix A.
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`21.
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`To the extent that any discovery is taken of persons who are not Parties to this Action
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`(“Third Parties”) and in the event that such Third Parties contend the discovery sought
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`involves trade secrets, confidential business information, or other proprietary information,
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`then such Third Parties may agree to be bound by this Order.
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`22.
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`To the extent that discovery or testimony is taken of Third Parties, the Third Parties may
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`designate as “CONFIDENTIAL,” “CONFIDENTIAL - ATTORNEYS’ EYES ONLY,”
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`or “CONFIDENTIAL
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`- OUTSIDE ATTORNEYS’ EYES ONLY,” and/or
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`“CONFIDENTIAL - SOURCE CODE” any documents, information, or other material, in
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`whole or in part, produced by such Third Parties. The Third Parties shall have ten (10) days
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`after production of such documents, information, or other materials to make such a
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`designation. Until that time period lapses or until such a designation has been made,
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`whichever occurs sooner, all documents, information, or other material so produced or given
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`shall be treated as “CONFIDENTIAL - OUTSIDE ATTORNEYS’ EYES ONLY” in
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`accordance with this Order.
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`23. Within thirty (30) days of final termination of this Action, including any appeals, all
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`DESIGNATED MATERIAL, including all copies, duplicates, abstracts, indexes, summaries,
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`descriptions, and excerpts or extracts thereof (excluding excerpts or extracts incorporated
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`into any privileged memoranda of the Parties), shall at the producing Party’s election either
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`be returned to the producing Party or be destroyed. The receiving Party shall verify the
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`return or destruction by affidavit furnished to the producing Party, upon the producing
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`Party’s request.
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`24.
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`The failure to designate documents, information, or material in accordance with this Order
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`and the failure to object to a designation at a given time shall not preclude the filing of a
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`motion at a later date seeking to impose such designation or challenging the propriety
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`thereof. The entry of this Order and/or the production of documents, information, or
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`material hereunder shall in no way constitute a waiver of any objection to the furnishing
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`thereof, all such objections being hereby preserved.
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`25.
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`Any Party knowing or believing that any other Party is in violation of or intends to violate
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`this Order and has raised the question of violation or potential violation with the opposing
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`Party and has been unable to resolve the matter by agreement may move the Court for such
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`Case 6:21-cv-00916-ADA Document 64 Filed 05/31/22 Page 14 of 16
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`relief as may be appropriate in the circumstances. Pending disposition of the motion by
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`the Court, the Party alleged to be in violation of or intending to violate this Order shall
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`discontinue the performance of and/or shall not undertake the further performance of any
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`action alleged to constitute a violation of this Order.
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`26.
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`Production of DESIGNATED MATERIAL by any Party shall not be deemed a
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`publication of the documents, information, or material (or the contents thereof) produced
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`so as to void or make voidable whatever claim the Parties may have as to the proprietary and
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`confidential nature of the documents, information, or other material or its contents.
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`27.
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`Nothing in this Order shall be construed to effect an abrogation, waiver, or limitation of any
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`kind on the rights of each of the Parties to assert any applicable discovery or trial privilege.
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`28.
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`Each of the Parties shall also retain the right to file a motion with the Court (a) to modify this
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`Order to allow disclosure of DESIGNATED MATERIAL to additional persons or entities
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`if reasonably necessary to prepare and present this Action; and (b) to apply for additional
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`protection of DESIGNATED MATERIAL.
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`SO ORDERED this 31st day of May, 2022.
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`
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`
`
`________________________________
`Derek T. Gilliland
`United States Magistrate Judge
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`Case 6:21-cv-00916-ADA Document 64 Filed 05/31/22 Page 15 of 16
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`Plaintiff,
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`v.
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`RFCYBER CORP.
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`
`
`
`
`APPLE INC.,
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`
`
`
`Defendant.
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`
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
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`
`
`
`
`Case No. 6:21-CV-000916-ADA
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`APPENDIX A
`UNDERTAKING OF EXPERTS OR CONSULTANTS REGARDING
`PROTECTIVE ORDER
`I, ___________________________________________, declare that:
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`1.
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`My address is _________________________________________________________.
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`2.
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`3.
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`My current employer is _________________________________________________.
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`My current occupation is ________________________________________________.
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`I have received a copy of the Protective Order in this action. I have carefully read and
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`understand the provisions of the Protective Order.
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`I will comply with all of the provisions of the Protective Order. I will hold in confidence,
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`will not disclose to anyone not qualified under the Protective Order, and will use only for
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`purposes of
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`this action any
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`information designated as “CONFIDENTIAL,”
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`“CONFIDENTIAL - ATTORNEYS’ EYES ONLY,” “CONFIDENTIAL - OUTSIDE
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`ATTORNEYS’ EYES ONLY,” or “CONFIDENTIAL - SOURCE CODE” that is
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`disclosed to me.
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`4.
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`Promptly upon termination of these actions, I will return all documents and things
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`
`
`1
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`

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`Case 6:21-cv-00916-ADA Document 64 Filed 05/31/22 Page 16 of 16
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`designated as “CONFIDENTIAL,” “CONFIDENTIAL - ATTORNEYS’ EYES ONLY,”
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`“CONFIDENTIAL - OUTSIDE ATTORNEYS’ EYES ONLY,” or “CONFIDENTIAL