Case 6:22-cv-00077-ADA Document 42-1 Filed 09/06/22 Page 1 of 29
`Case 6:22-cv-00077-ADA Document 42-1
`Filed 09/06/22
`Page 1 of 29
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`EXHIBIT A
`EXHIBIT A
`
`

`

`Case 6:22-cv-00077-ADA Document 42-1 Filed 09/06/22 Page 2 of 29
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`Case No. 6:22-cv-00077-ADA
`
`§§§§§§§§§
`
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`
`
`SPEIR TECHNOLOGIES LTD.,
`
`Plaintiff,
`
`v.
`
`APPLE INC.
`
`Defendant.
`
`STIPULATED SUPPLEMENTAL PROTECTIVE ORDER BETWEEN
`NON-PARTY QUALCOMM INCORPORATED, PLAINTIFF SPEIR
`TECHNOLOGIES LTD., AND DEFENDANT APPLE INC.
`
`WHEREAS, the Court entered a Protective Order to protect Party and Non-party
`confidential business information in the above referenced action on June 27, 2022 (“Protective
`Order”); and
`WHEREAS, Plaintiff Speir Technologies Ltd. (“Plaintiff”); Apple Inc. (“Defendant”)
`(together, hereinafter
`referred
`to as “the Parties”); and Qualcomm
`Incorporated
`(“QUALCOMM”), a non-party to this action, may produce confidential Source Code (as defined
`below) and other documents in this action that include or incorporate CONFIDENTIAL
`INFORMATION belonging to QUALCOMM (“QUALCOMM Confidential Information”); and
`WHEREAS the Parties and Non-Party QUALCOMM have agreed to provisions in addition
`
`

`

`Case 6:22-cv-00077-ADA Document 42-1 Filed 09/06/22 Page 3 of 29
`
`
`
`to those contained in the Protective Order to protect against misuse or disclosure of such
`QUALCOMM Confidential Information;
`WHEREFORE, IT IS HEREBY ORDERED that Source Code (as defined below) or
`documents that incorporate QUALCOMM Confidential Information produced in connection with
`the above-captioned matter that are designated as “QUALCOMM – OUTSIDE ATTORNEYS’
`EYES ONLY” and “QUALCOMM – OUTSIDE ATTORNEYS’ EYES ONLY –SOURCE
`CODE” shall be subject to the following restrictions:
`I.
`DEFINITIONS
`1.
`“QUALCOMM MATERIAL”: Confidential information (regardless of how
`generated, stored, or maintained) or tangible things that include or incorporate Non-Party
`QUALCOMM Confidential Information, that Non-Party QUALCOMM (i) would not normally
`reveal to third parties except in confidence, or has undertaken with others to maintain in
`confidence, (ii) believes in good faith is significantly sensitive, or (iii) protected by a right to
`privacy under federal or state law, or any other applicable privilege or right related to
`confidentiality or privacy. QUALCOMM MATERIAL includes all information, documents,
`Source Code, and things produced, served, or otherwise provided in this action by any Party or by
`Non-Party QUALCOMM, that include or incorporate QUALCOMM Confidential Information.
`2.
`“QUALCOMM – OUTSIDE ATTORNEYS’ EYES ONLY” material:
`information, documents, and things that include or incorporate QUALCOMM MATERIAL.
`3.
`“Source Code”: means human-readable representations of actually completed,
`implemented, and/or realized software, firmware, and integrated circuits. Source Code includes,
`but is not limited to, programming language text, symbolic representations of integrated circuits
`(“Chip-Level Schematics”) or graphical depictions of physical configuration of semiconductor
`material within integrated circuit die or chip (“Integrated Circuit Layouts”). Source Code includes,
`but is not limited to, programming language text in “C,” “C++,” BREW, Java ME, J2ME,
`assembler, digital signal processor (“DSP”), Hardware Design Language (“HDL”), VHDL, or
`Verilog programming languages. Source Code in the form of programming language text shall be
`
`
`
`2
`
`

`

`Case 6:22-cv-00077-ADA Document 42-1 Filed 09/06/22 Page 4 of 29
`
`
`
`made available for inspection in ASCII text files. File formats within which Source Code in the
`form of Chip-Level Schematics or Integrated Circuit Layouts may be made available for inspection
`include, but are not limited to, pdf file format.
`4.
`“QUALCOMM – OUTSIDE ATTORNEYS’ EYES ONLY – SOURCE CODE”
`Material: QUALCOMM MATERIAL that includes Source Code that constitute proprietary
`technical or commercially sensitive competitive information that Non-Party QUALCOMM
`maintains as highly confidential in its business, the disclosure of which is likely to cause harm to
`the competitive position of Non-Party QUALCOMM.
`5.
`“Designated QUALCOMM Material”: material that is designated “QUALCOMM
`– OUTSIDE ATTORNEYS’ EYES ONLY” or “QUALCOMM – OUTSIDE ATTORNEYS’
`EYES ONLY – SOURCE CODE” under this Supplemental Protective Order.
`6.
` “Designated Source Code Material”: material that is designated “QUALCOMM
`– OUTSIDE ATTORNEYS’ EYES ONLY – SOURCE CODE” under this Supplemental
`Protective Order.
`7.
`“Personnel Retained by a Receiving Party in this Action” means any consultants,
`experts, or outside counsel (including their support staff) that have been and continue to be retained
`by a Receiving Party in this action. For the sake of clarity, any person who was retained by a
`Receiving Party in this action will no longer fall under this definition if that person ceases to be
`retained by a Receiving Party in this action.
`8.
`“Party” means any Party to the above-captioned action, including all of its officers,
`directors, employees, consultants, retained experts, and all support staff thereof.
`9.
`“Producing Party” means a party or non-party that discloses or produces Designated
`QUALCOMM Material in the above-captioned actions.
`10.
`“Receiving Party” a Party that receives Designated QUALCOMM Material from a
`Producing Party in the above-captioned actions.
`11.
`“Authorized Reviewer(s)” shall mean persons authorized to review “QUALCOMM
`– OUTSIDE ATTORNEYS’ EYES ONLY” and “QUALCOMM – OUTSIDE ATTORNEYS’
`
`
`
`3
`
`

`

`Case 6:22-cv-00077-ADA Document 42-1 Filed 09/06/22 Page 5 of 29
`
`
`
`EYES ONLY – SOURCE CODE” material in accordance with this Supplemental Protective Order
`and the Protective Order.
`12.
`“Counsel of Record”: (i) Outside Counsel who appears on the pleadings, or has
`entered an appearance in this action, as counsel for a Party, and (ii) partners, principals, counsel,
`associates, employees, and contract attorneys of such Outside Counsel to whom it is reasonably
`necessary to disclose the information for this litigation, including supporting personnel employed
`by the attorneys, such as paralegals, legal translators, legal secretaries, legal clerks and shorthand
`reporters.
`“Outside Consultant”: a person with specialized knowledge or experience in a
`13.
`matter pertinent to the litigation who has been retained by Counsel of Record to serve as an expert
`witness or a litigation consultant in this action (including any necessary support personnel of such
`person to whom disclosure is reasonably necessary for this litigation), and who is not a current
`employee of a Party, of a competitor of a Party, or of Non-Party QUALCOMM, and who, at the
`time of retention, is not anticipated to become an employee of, or a non-litigation consultant of:
`1) a Party, 2) a competitor of a Party, 3) a competitor of Non-Party QUALCOMM, or of 4) Non-
`Party QUALCOMM.
`14.
`“Professional Vendors”: persons or entities that provide litigation support services
`(e.g., photocopying; videotaping; translating; designing and preparing exhibits, graphics, or
`demonstrations; organizing, storing, retrieving data in any form or medium; etc.) and their
`employees and subcontractors who have been retained or directed by Counsel of Record in this
`action, and who are not current employees of a Party, a competitor of a Party, or of Non-Party
`QUALCOMM, and who, at the time of retention, are not anticipated to become employees of: 1)
`a Party, 2) a competitor of a Party, 3) a competitor of Non-Party QUALCOMM, or 4) Non-Party
`QUALCOMM. This definition includes ESI vendors, and professional jury or trial consultants
`retained in connection with this litigation to assist a Party, Counsel of Record, or any Outside
`Consultant in their work. Professional vendors do not include consultants who fall within the
`definition of Outside Consultant.
`
`
`
`4
`
`

`

`Case 6:22-cv-00077-ADA Document 42-1 Filed 09/06/22 Page 6 of 29
`
`
`
`II.
`
`RELATIONSHIP TO PROTECTIVE ORDER
`15.
`This Supplemental Protective Order shall not diminish any existing restriction with
`respect to Designated QUALCOMM Material. The Parties and QUALCOMM acknowledge and
`agree that this Supplemental Protective Order is a supplement to the Protective Order entered in
`this action on June 27, 2022 in the United States District Court, Western District of Texas.
`16.
`The Protective Order applies to all material designated pursuant to this
`Supplemental Protective Order. To the extent that there is any confusion or conflict between
`protective orders with respect to Designated QUALCOMM Material, then this Supplemental
`Protective Order governs.
`17.
`In addition to the restrictions outlined in this Supplemental Protective Order,
`material designated as “QUALCOMM – OUTSIDE ATTORNEYS’ EYES ONLY – SOURCE
`CODE” shall be subject to obligations with respect to “HIGHLY CONFIDENTIAL – SOURCE
`CODE” materials outlined in the Protective Order.
`18.
`In addition to the restrictions outlined in this Supplemental Protective Order,
`material designated as “QUALCOMM – OUTSIDE ATTORNEYS’ EYES ONLY” shall be
`subject to obligations with respect to “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
`ONLY” material outlined in the Protective Order.
`III.
`SCOPE
`19.
`The protections conferred by this Supplemental Protective Order cover not only
`Designated QUALCOMM Material (as defined above), but also any information copied or
`extracted therefrom, as well as all copies, excerpts, summaries, or compilations thereof. Nothing
`herein shall alter or change in any way the discovery provisions of the Federal Rules of Civil
`Procedure or any applicable local rules or Court Orders. Identification of any individual pursuant
`to this Supplemental Protective Order does not make that individual available for deposition, or
`any other form of discovery outside of the restrictions and procedures of the Federal Rules of Civil
`Procedure or any applicable rules or Court Orders.
`
`
`
`5
`
`

`

`Case 6:22-cv-00077-ADA Document 42-1 Filed 09/06/22 Page 7 of 29
`
`
`
`This Supplemental Protective Order shall not prevent a disclosure to which Non-
`20.
`Party QUALCOMM consents in writing before that disclosure takes place.
`21.
`This Supplemental Protective Order shall apply to all Designated QUALCOMM
`Material that is produced or provided for inspection in this action, including all Designated
`QUALCOMM Material that is in the possession, custody or control of Non-party QUALCOMM
`or any Party in this action, or that is otherwise relevant to this action.
`IV. ACCESS TO DESIGNATED QUALCOMM MATERIAL
`22.
`Access to “QUALCOMM – OUTSIDE ATTORNEYS’ EYES ONLY” Material:
`Unless otherwise ordered by the Court or permitted in writing by Non-Party QUALCOMM, a
`Receiving Party may disclose any information, document or thing designated “QUALCOMM –
`OUTSIDE ATTORNEYS’ EYES ONLY” only to:
`Persons who appear on the face of Designated QUALCOMM Material as
`a.
`an author, addressee or recipient thereof, or persons who have been
`designated under FRCP 30(b)(6) to provide testimony on behalf of a
`Producing Party;
`Counsel of Record;
`Outside Consultants of the Receiving Party to whom disclosure is
`reasonably necessary for this action, and who have, after the date of this
`Supplemental Protective Order, signed the “Acknowledgement And
`Agreement To Be Bound By Supplemental Protective Order Governing
`Confidential Information of Non-Party Qualcomm In This Case” attached
`hereto as Exhibit A, and the “Certification Of Consultant Re Supplemental
`Protective Order Governing Confidential Information of Non-Party
`Qualcomm In This Case,” attached hereto as Exhibit B;
`Any designated arbitrator or mediator who is assigned to hear this matter,
`or who has been selected by the Parties, and his or her staff; who have, after
`the date of
`this Supplemental Protective Order,
`signed
`the
`
`b.
`c.
`
`d.
`
`
`
`6
`
`

`

`Case 6:22-cv-00077-ADA Document 42-1 Filed 09/06/22 Page 8 of 29
`
`
`
`e.
`
`f.
`
`“Acknowledgement And Agreement To Be Bound By Supplemental
`Protective Order Governing Confidential Information of Non-Party
`Qualcomm In This Case” attached hereto as Exhibit A, and the
`“Certification Of Consultant Re Supplemental Protective Order Governing
`Confidential Information of Non-Party Qualcomm In This Case,” attached
`hereto as Exhibit B, as well as any arbitrator’s or mediator’s staff who have
`also signed Exhibits A and B;
`Court reporters and videographers employed in connection with this action;
`and
`Professional Vendors to whom disclosure is reasonably necessary for this
`action, and a representative of which has signed the “Acknowledgement
`And Agreement To Be Bound By Supplemental Protective Order
`Governing Confidential Information of Non-Party Qualcomm In This Case”
`attached hereto as Exhibit A, subject to the following exception:
`Designated QUALCOMM Material shall not be disclosed to mock jurors
`without Non-Party QUALCOMM’s express written consent;
`The Court, its personnel and the jury.
`g.
`Access to “QUALCOMM – OUTSIDE ATTORNEYS’ EYES ONLY –SOURCE
`23.
`CODE” Material: Unless otherwise ordered by the Court or permitted in writing by Non-Party
`QUALCOMM, a Receiving Party may disclose any information, document, or thing designated
`“QUALCOMM – OUTSIDE ATTORNEYS’ EYES ONLY –SOURCE CODE” only to:
`Persons who appear on the face of Designated QUALCOMM Material as
`a.
`an author, addressee or recipient thereof, or persons who have been
`designated under FRCP 30(b)(6) to provide testimony of behalf of a
`Producing Party or Qualcomm regarding the same;
`Counsel of Record;
`
`b.
`
`
`
`7
`
`

`

`Case 6:22-cv-00077-ADA Document 42-1 Filed 09/06/22 Page 9 of 29
`
`c.
`
`d.
`
`Outside Consultants of the Receiving Party to whom disclosure is
`reasonably necessary for this litigation, and who have, after the date of this
`Supplemental Protective Order, signed the “Acknowledgement And
`Agreement To Be Bound By Supplemental Protective Order Governing
`Confidential Information of Non-Party Qualcomm In This Case” attached
`hereto as Exhibit A, and the “Certification Of Consultant Re Supplemental
`Protective Order Governing Confidential Information of Non-Party
`Qualcomm In This Case,” attached hereto as Exhibit B;
`Any designated arbitrator or mediator who is assigned to hear this matter,
`or who has been selected by the Parties, and his or her staff; who have, after
`the date of
`this Supplemental Protective Order,
`signed
`the
`“Acknowledgement And Agreement To Be Bound By Supplemental
`Protective Order Governing Confidential Information of Non-Party
`Qualcomm In This Case” attached hereto as Exhibit A, and the
`“Certification Of Consultant Re Supplemental Protective Order Governing
`Confidential Information of Non-Party Qualcomm In This Case,” attached
`hereto as Exhibit B, as well as any arbitrator’s or mediator’s staff who have
`also signed Exhibits A and B, provided, however, that before such
`disclosure, QUALCOMM is provided notice including: (a) the individual’s
`name and business title; (b) business address; (c) business or professions;
`and (d) the individual’s CV. QUALCOMM shall have five (5) business
`days from receipt of the notice to object in writing to such disclosure (plus
`three (3) extra days if notice is given other than by hand delivery, e-mail
`delivery or facsimile transmission). After the expiration of the 5 business
`days (plus 3 days, if appropriate) period, if no objection has been asserted,
`then “QUALCOMM – OUTSIDE ATTORNEYS’ EYES ONLY –
`
`8
`
`
`
`
`
`

`

`Case 6:22-cv-00077-ADA Document 42-1 Filed 09/06/22 Page 10 of 29
`
`
`
`f.
`
`e.
`
`SOURCE CODE” materials may be disclosed pursuant to the terms of this
`Supplemental Protective Order;
`Court reporters and videographers employed in connection with this action,
`subject to the provisions provided in subparagraph 32(g) herein;
`Professional Vendors to whom disclosure is reasonably necessary for this
`action, and a representative of which has signed the “Acknowledgement
`And Agreement To Be Bound By Supplemental Protective Order
`Governing Confidential Information of Non-Party Qualcomm In This Case”
`attached hereto as Exhibit A, subject to the following exception: Designated
`QUALCOMM Material shall not be disclosed to mock jurors without Non-
`Party QUALCOMM’s express written consent; and
`The Court, its personnel and the jury.
`g.
`Notwithstanding the Protective Order, unless otherwise ordered or agreed in
`24.
`writing by Non-Party QUALCOMM, Designated QUALCOMM Material may not be disclosed to
`employees of a Receiving Party, including its in-house attorneys and support staff.
`25.
`Notwithstanding the Protective Order, unless otherwise ordered or agreed in
`writing by Non-Party QUALCOMM, Designated QUALCOMM Material may not be disclosed to
`mock jurors.
`The Parties acknowledge that Designated QUALCOMM Material also may be
`26.
`subject to the US government export control and economic sanctions laws (“Export Controlled
`Information”), including the Export Administration Regulations (“EAR”, 15 CFR 730 et seq.,
`http://www.bis.doc.gov/ ) administered by the Department of Commerce, Bureau of Industry and
`Security, and
`the Foreign Asset Control Regulations
`(31 CFR 500 et
`seq.,
`http://www.treas.gov/offices/enforcement/ofac/) administered by the Department of Treasury,
`Office of Foreign Assets Control (“OFAC”). Receiving Parties may not directly or indirectly
`export, re-export, transfer or release (collectively, “Export”) any Designated QUALCOMM
`Material to any destination, person, entity or end use prohibited or restricted under US law without
`
`
`
`9
`
`

`

`Case 6:22-cv-00077-ADA Document 42-1 Filed 09/06/22 Page 11 of 29
`
`
`
`prior US government authorization to the extent required by regulation. The US government
`maintains embargoes and sanctions against the countries listed in Country Groups E:1/2 of the
`EAR (Supplement 1 to part 740) Export Controlled Information disclosed in this action will be
`used only for the purposes of this action. Outside Counsel or other individuals authorized to
`receive Export Controlled Information will not disclose, export, or transfer, in any manner, Export
`Controlled Information to any foreign person except as permitted by U.S. law, and will not
`transport any such document outside of U.S. territory, without prior written approval of the Bureau
`of Industry and Security or other appropriate U.S. government department or agency, except as
`permitted by U.S. law.
`27.
`Receiving Party may host “QUALCOMM – OUTSIDE ATTORNEYS’ EYES
`ONLY” Material only on either 1) any system inside the firewall of a law firm representing the
`Receiving Party, or 2) inside the system of a professional ESI Vendor retained by Counsel of
`Record of the Receiving Party. “QUALCOMM – OUTSIDE ATTORNEYS’ EYES ONLY”
`Material also cannot be sent or transmitted to any person, location, or vendor outside of the United
`States except to Counsel of Record and Outside Consultants designated pursuant to subparagraphs
`22(c) and 23(c) above. To the extent that any “QUALCOMM – OUTSIDE ATTORNEYS’ EYES
`ONLY” Material is transmitted from or to authorized recipients outside of the Receiving Party’s
`Outside Counsel’s office, or outside of the ESI Vendor’s system, the transmission shall be by hand
`(and encrypted if in electronic format), by a secure transport carrier (e.g., Federal Express), or by
`secure electronic means, such as email using an encrypted password protected container (other
`than Trucrypt), or download via secure FTP. “QUALCOMM – OUTSIDE ATTORNEYS’ EYES
`ONLY – SOURCE CODE” may not be transmitted by electronic means; however, this should not
`be understood to prohibit the electronic transmittal of testifying experts’ expert reports or drafts,
`court filings, and trial demonstratives, thereof that may refer to QUALCOMM – OUTSIDE
`ATTORNEYS’ EYES ONLY – SOURCE CODE, subject to the limitations set forth in Section
`32(g) herein, and as long as such electronic transmittal is by secure electronic means, such as email
`using an encrypted password protected container (other than Trucrypt), or download via secure
`
`
`
`10
`
`

`

`Case 6:22-cv-00077-ADA Document 42-1 Filed 09/06/22 Page 12 of 29
`
`
`
`FTP. Court filings containing QUALCOMM – OUTSIDE ATTORNEYS’ EYES ONLY and
`QUALCOMM – OUTSIDE ATTORNEYS’ EYES ONLY – SOURCE CODE may be submitted
`via the Court’s ECF filing system subject to the limitations set forth in Section 32(g) herein.
`28.
`Each person to whom Designated QUALCOMM Material may be disclosed, and
`who is required to sign the “Acknowledgement And Agreement To Be Bound By Supplemental
`Protective Order Governing Confidential Information of Non-Party Qualcomm In This Case”
`attached hereto as Exhibit A and, if applicable, the “Certification Of Consultant Re Supplemental
`Protective Order Governing Confidential Information of Non-Party Qualcomm In This Case,”
`attached hereto as Exhibit B, shall do so, prior to the time such Designated QUALCOMM Material
`is disclosed to him or her. Counsel for the Receiving Party who makes any disclosure of
`Designated QUALCOMM Material shall retain each original executed certificate and, upon
`written request, shall provide copies to counsel for Non-Party QUALCOMM at the termination of
`this action.
`Absent written permission from Non-Party QUALCOMM, persons not permitted
`29.
`access to Designated QUALCOMM Material under the terms of this Supplemental Protective
`Order shall not be present at depositions while Designated QUALCOMM Material is discussed or
`otherwise disclosed. Pre-trial and trial proceedings shall be conducted in a manner, subject to the
`supervision of the Court, to protect Designated QUALCOMM Material from disclosure to persons
`not authorized to have access to such Designated QUALCOMM Material. Any Party intending to
`disclose or discuss Designated QUALCOMM Material at pretrial or trial proceedings must give
`advance notice to the Producing Party to assure the implementation of the terms of this
`Supplemental Protective Order.
`V.
`ACCESS BY OUTSIDE CONSULTANTS
`30.
`Notice. If a Receiving Party wishes to disclose Designated QUALCOMM Material
`to any Outside Consultant, Receiving Party must, prior to the Outside Consultant being granted
`access to any Designated QUALCOMM Material, provide notice to counsel for Non-Party
`QUALCOMM, which notice shall include: (a) the individual’s name and business title; (b) country
`
`
`
`11
`
`

`

`Case 6:22-cv-00077-ADA Document 42-1 Filed 09/06/22 Page 13 of 29
`
`
`
`of citizenship; (c) business address; (d) business or profession; (e) the individual’s CV; (f) any
`previous or current relationship (personal or professional) with Non-Party QUALCOMM or any
`of the Parties to this action; (g) a list of other cases in which the individual has testified (at trial or
`deposition) within the last six years; (h) a list of all companies with which the individual has
`consulted or by which the individual has been employed within the last four years, the dates of the
`consultancy or employment, a brief description of the subject matter of the consultancy or
`employment, and (i) copies of the “Acknowledgement and Agreement To Be Bound By
`Supplemental Protective Order Governing Confidential Information of Non-Party Qualcomm In
`This Case,” attached as Exhibit A, and the “Certification Of Consultant Re Supplemental
`Protective Order Governing Confidential Information of Non-Party Qualcomm In This Case,”
`attached hereto as Exhibit B, that have both been signed by that Outside Consultant.
`31. Objections. With respect to Outside Consultants that have not been previously
`disclosed to Non-Party QUALCOMM, Non-Party QUALCOMM shall have five (5) business
`days, starting from the first business day following the date upon which Receiving Party provides
`the notice and all information required by paragraph 30 to the Producing Party, to object for good
`cause in writing to such disclosure (plus three (3) extra days if notice is given in any manner other
`than by hand delivery, e-mail delivery or facsimile transmission). After the expiration of the 5
`business days (plus 3-days, if appropriate) period, if no objection for good cause has been asserted
`by Non-Party QUALCOMM, then Designated QUALCOMM Material may be disclosed to the
`Outside Consultant pursuant to the terms of this Supplemental Protective Order. Any objection
`by Non-Party QUALCOMM must be made for good cause, and must set forth in detail the grounds
`on which it is based. Should Receiving Party disagree with the basis for the objection(s), Receiving
`Party must first attempt to resolve the objection(s) informally with Non-Party QUALCOMM. If
`the informal efforts do not resolve the dispute within five (5) business days from the date upon
`which Receiving Party was first notified of any objection for good cause by Non-Party
`QUALCOMM, Receiving Party may file a motion requesting that the objection(s) be quashed after
`that five (5) day period has passed. Non-Party Qualcomm shall have the burden of proof on the
`
`
`
`12
`
`

`

`Case 6:22-cv-00077-ADA Document 42-1 Filed 09/06/22 Page 14 of 29
`
`
`
`issue of the sufficiency of the objection(s). Pending a ruling by the Court upon any such
`objection(s), or the subsequent resolution of the objection for good cause by Receiving Party and
`Non-Party QUALCOMM, the discovery material shall not be disclosed to the person objected to
`by Non-Party QUALCOMM.
`VI.
`PRODUCTION OF QUALCOMM – OUTSIDE ATTORNEYS’ EYES ONLY –
`SOURCE CODE MATERIAL
`32.
`Non-Party QUALCOMM’s Source Code:
`To the extent that a Producing Party makes Non-Party QUALCOMM’s
`a.
`Source Code available for inspection:
`
`(i) The Producing Party shall make all relevant and properly
`requested Non-Party QUALCOMM Source Code available electronically
`and in text searchable form (1) if produced by Non-Party QUALCOMM, in
`a separate room at a secure facility selected by Non-Party QUALCOMM or
`(2) if produced by Defendants, at the offices of Counsel of Record for the
`producing Defendant or at a secure facility approved by QUALCOMM.
`The Producing Party shall make the Source Code available for inspection
`on a stand-alone, non-networked personal computer running a reasonably
`current version of the Microsoft Windows operating system (“Source Code
`Computer”). Alternatively, solely at the option of the Producing Party, the
`Producing Party may make such source code available on a Source Code
`Computer that is networked, in a configuration deemed secure by Non-Party
`QUALCOMM. The Source Code Computer shall be configured to permit
`review of the Source Code through a password-protected account having
`read-only access. To facilitate review of the Source Code at the secure
`facility, the Receiving Party may use appropriate tool software on the
`Source Code Computer, which shall be installed by the Producing Party,
`including at least one text editor like Visual Slick Edit that is capable of
`
`
`
`13
`
`

`

`Case 6:22-cv-00077-ADA Document 42-1 Filed 09/06/22 Page 15 of 29
`
`b.
`
`c.
`
`printing out Source Code with page and/or line numbers, a source code
`comparison tool like Winmerge, and at least one multi-text file text search
`tool such as “grep.” Should it be necessary, other mutually agreed upon
`tools may be used. Licensed copies of other mutually agreed upon tool
`software shall be installed on the Source Code Computer by the Producing
`Party and paid for by the Receiving Party.
`(ii) In the event a Producing Party makes Chip-Level Schematics or
`Integrated Circuit Layouts available for review, the Producing Party shall
`ensure that the Source Code Computers include software sufficient to allow
`a user to view such types of Source Code.
`The Producing Party shall provide access to the Source Code Computer
`during the normal operating hours of the secure facility.
`The Source Code Computers shall be equipped to print PDF copies of the
`Source Code so that the Receiving Party can designate the Source Code for
`which it would like hard-copy printouts which shall be printed by the
`Producing Party on watermarked pre-Bates numbered paper after the review.
`Additionally, the Receiving Party may not print any continuous block of
`source code that results in more than 50 consecutive printed pages, except
`that Authorized Reviewer(s) may request the printing of a continuous block
`of more than 50 pages, which request shall not be unreasonably denied by
`the Producing Party. Counsel for the Producing Party will keep the original
`printouts, and shall provide copies of such original printouts to counsel for
`the Receiving Party within seven (7) days of (1) any request by the
`Receiving Party, or (2) otherwise being notified that such original printouts
`have been made or designated. Counsel of Record for the Receiving Party
`may request up to 10 copies of each original printout of Source Code. No
`more than 500 original printouts of Source Code for any software release or
`
`14
`
`
`
`
`
`

`

`Case 6:22-cv-00077-ADA Document 42-1 Filed 09/06/22 Page 16 of 29
`
`hardware product may be in printed form at any one time, without the
`express written consent of Non-Party QUALCOMM, which shall not be
`unreasonably denied. All printed Source Code shall be logged by Receiving
`Party’s Counsel of Record and/or other Personnel Retained by a Receiving
`Party in this action as noted in subparagraph 32 (i) below. No additional
`electronic copies of the Source Code shall be provided by the Producing
`Party. Hard copies of the Source Code also may not be converted into an
`electronic document, and may not be scanned using optical character
`recognition (“OCR”) technology. Only printouts of Source Code may be
`made, and such printouts, where made of programming language text, must
`include (1) directory path information and filenames from which the Source
`Code came and (2) line numbers. The Producing Party may refuse to
`provide copies of Source Code printouts that fail to comply with this
`section.
`Authorized Reviewer(s) in this action shall not print Source Code which
`have not been reviewed on the Source Code Computer, or in order to review
`the Source Code elsewhere in the first instance, i.e., as an alternative to
`reviewing that Source Code electronically on the Source Code Computer,
`as the Parties and QUALCOMM acknowledge and agree that the purpose
`of the protections herein would be frustrated by such actions.
`Authorized Reviewer(s) are prohibited from bringing outside electronic
`devices, including but not limited to laptops, floppy drives, zip drives, or
`other hardware into the secure room, except as outlined in Paragraph 32(f).
`Nor shall any cellular telephones, personal digital assistants (PDAs),
`Blackberries, cameras, voice recorders, Dictaphones, external or portable
`telephone jacks or other outside electronic devices be permitted inside the
`
`15
`
`d.
`
`e.
`
`
`
`
`
`

`

`Case 6:22-cv-00077-ADA Document 42-1 Filed 09/06/22 Page 17 of 29
`
`f.
`
`secure room, except for medical devices, implants, or equipment reasonably
`necessary for any legitimate medical reason.
`If any Authorized Reviewer(s) reviewing Non-Party QUALCOMM’s
`Source Code seeks to take notes, all such notes will be taken on bound
`(spiral or other type of permanently bound) notebooks. No loose paper or
`other paper that can be used in a printer may be brought into the secure room.
`In addition to taking notes on bound notebooks, an Authorized Reviewer
`may also bring a USB memory device to the secure room, to be inserted into
`a notetaking laptop computer provided by the Producing Party or the
`Producing Party’s vendor. The notetaking laptop computer shall be
`configured with Microsoft Word, such that the Reviewing Party can create
`or modify documents directly on the USB memory device plugged into the
`notetaking laptop computer. The Receiving Party shall encrypt any file on
`the USB memory device that contains confidential material subject to this
`Supplemental Protective Order using Microsoft Word’s “Encrypt with
`Password” functionality accessible
`through
`the File->Info->Protect
`Document menu in Microsoft Word. The Receiving Party’s Outside
`Counsel and/or experts may not copy the Source Code Material into the
`notes and may not take su