Case 6:22-cv-00535-ADA Document 112 Filed 11/03/23 Page 1 of 23
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`DODOTS LICENSING SOLUTIONS LLC,
`
`Plaintiff,
`
`v.
`
`SAMSUNG ELECTRONICS CO., LTD. ET
`AL.,
`
`Defendants.
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`Case No. 6:22-cv-535-ADA
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`SUPPLEMENTAL PROTECTIVE ORDER GOVERNING NON-PARTY
`GOOGLE LLC’S CONFIDENTIAL BUSINESS INFORMATION
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`WHEREAS, the Court entered a Protective Order to protect Party confidential business
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`information in the above-referenced action on July 11, 2023 (Dkt. No. 91) (“Protective Order”);
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`and
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`WHEREAS Non-Party Google LLC (“Google”) may produce confidential source code,
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`and other documents in this action that include trade secrets, confidential business information, or
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`other proprietary information belonging to Google (“Google Confidential Information”);
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`WHEREAS the Parties and Google seek certain additional protections governing the
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`disclosure of such Google Confidential Information;
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`WHEREAS the Parties and Google have agreed to provisions in addition to those
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`contained in the Protective Order to protect against misuse or disclosure of such Google
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`Confidential Information in accordance with Federal Rule of Civil Procedure 26(c):
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`THEREFORE, it is hereby stipulated among the Parties and Google and ORDERED that:
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`1.
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`The terms of the Protective Order will apply to the production of Google Confidential
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`1
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`Case 6:22-cv-00535-ADA Document 112 Filed 11/03/23 Page 2 of 23
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`Information except to the extent they are inconsistent with the terms of this Supplemental
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`Protective Order.
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`2.
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`Google may designate as confidential for protection under this Supplemental Protective
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`Order, in whole or in part, any document, information, or material that constitutes or
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`includes, in whole or in part, confidential or proprietary information or trade secrets of
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`Google or a Third Party to whom Google reasonably believes it owes an obligation of
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`confidentiality with respect to such document, information, or material (“Google Protected
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`Material”). Google Protected Material shall be designated by Google by affixing a legend
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`or stamp on such document, information, or material as follows: “GOOGLE
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`CONFIDENTIAL.” The phrase “GOOGLE CONFIDENTIAL” shall be placed clearly on
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`each page of the Google Protected Material (except deposition and hearing transcripts and
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`natively produced documents) for which such protection is sought. For deposition and
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`hearing transcripts, the phrase “GOOGLE CONFIDENTIAL” shall be placed on the cover
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`page of the transcript (if not already present on the cover page of the transcript when
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`received from the court reporter) by each attorney receiving a copy of the transcript after
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`that attorney receives notice of the designation of some or all of that transcript as
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`“GOOGLE CONFIDENTIAL.” For natively produced Google Protected Material, the
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`phrase “GOOGLE CONFIDENTIAL” shall be placed in the filename of each such natively
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`produced document.
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`3.
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`With
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`respect
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`to documents,
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`information, or material designated “GOOGLE
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`CONFIDENTIAL,” “GOOGLE CONFIDENTIAL - ATTORNEYS’ EYES ONLY,”
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`“GOOGLE CONFIDENTIAL - OUTSIDE ATTORNEYS’ EYES ONLY,” or “GOOGLE
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`2
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`Case 6:22-cv-00535-ADA Document 112 Filed 11/03/23 Page 3 of 23
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`CONFIDENTIAL - SOURCE CODE” (“DESIGNATED MATERIAL”),1 subject to the
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`provisions herein and unless otherwise stated, this Supplemental Protective Order governs,
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`without limitation: (a) all documents, electronically stored information, and/or things as
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`defined by the Federal Rules of Civil Procedure; (b) all pretrial, hearing or deposition
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`testimony, or documents marked as exhibits or for identification in depositions and
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`hearings; (c) pretrial pleadings, exhibits to pleadings and other court filings; (d) affidavits;
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`and (e) stipulations. All copies, reproductions, extracts, digests, and complete or partial
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`summaries prepared from any DESIGNATED MATERIALS shall also be considered
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`DESIGNATED MATERIAL and treated as such under this Supplemental Protective
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`Order.
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`4.
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`A designation of Google Protected Material (i.e., “GOOGLE CONFIDENTIAL,”
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`“GOOGLE CONFIDENTIAL
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`- ATTORNEYS’ EYES ONLY,”
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`“GOOGLE
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`CONFIDENTIAL
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`- OUTSIDE ATTORNEYS’ EYES ONLY,” or “GOOGLE
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`CONFIDENTIAL - SOURCE CODE”) may be made at any time. Production of
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`documents, information, or material that has not been designated as DESIGNATED
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`MATERIAL shall not be deemed a waiver in whole or in part of a claim for confidential
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`treatment. If Google produces Google Protected Material without designating it as
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`DESIGNATED MATERIAL, it may request destruction of that Google Protected Material
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`by notifying the recipient(s), as soon as reasonably possible after becoming aware of the
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`disclosure, and providing replacement Google Protected Material that is properly
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`1 The term DESIGNATED MATERIAL is used throughout this Supplemental Protective Order to
`refer to the class of materials designated as “GOOGLE CONFIDENTIAL,” “GOOGLE
`CONFIDENTIAL - ATTORNEYS’ EYES ONLY,” “GOOGLE CONFIDENTIAL - OUTSIDE
`ATTORNEYS’ EYES ONLY,” or “GOOGLE CONFIDENTIAL - SOURCE CODE,”
`individually and collectively.
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`3
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`Case 6:22-cv-00535-ADA Document 112 Filed 11/03/23 Page 4 of 23
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`designated. The recipient(s) shall then destroy all copies of the inadvertently or
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`unintentionally produced Google Protected Materials and any documents, information, or
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`material derived from or based thereon.
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`5.
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`“GOOGLE CONFIDENTIAL” documents, information, and material may be disclosed
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`only to the following persons, except upon receipt of the prior written consent of Google,
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`upon order of the Court, or as set forth in paragraph 17 herein:
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`(a)
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`(b)
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`(c)
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`(d)
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`(e)
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`outside counsel of record in this Action2 for the Parties;
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`employees of such counsel assigned to and reasonably necessary to assist such
`counsel in the litigation of this Action;
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`up to one in-house counsel for the Parties who is a member in good standing of at
`least one state bar and has responsibility for making decisions dealing directly with
`the litigation of this Action;
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`[intentionally left blank];
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`outside consultants or experts3 (i.e., not existing employees or affiliates of a Party
`or an affiliate of a Party) retained for the purpose of this litigation, provided that:
`(1) such consultants or experts are not presently employed by the Parties or of an
`affiliate of a Party hereto for purposes other than this Action4; (2) before access is
`given, the consultant or expert has completed the Undertaking attached as
`Appendix A hereto and the same is served upon Google with a current curriculum
`vitae of the consultant or expert, including a list of other cases in which the
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`2 This “Action” means DoDots Licensing Solutions LLC v. Samsung Electronics Co., Ltd. et al.,
`Case No. 6:22-cv-535-ADA (W.D. Tex.).
`3 For any such person, the curriculum vitae shall identify his/her (i) current employer(s), (ii) each
`person or entity from whom s/he has received compensation or funding for work in his or her
`areas of expertise or to whom the s/he has provided professional services, including in
`connection with a litigation, at any time during the preceding five years; (iii) (by name and
`number of the case, filing date, and location of court) any litigation in connection with which the
`s/he has offered expert testimony, including through a declaration, report, or testimony at a
`deposition or trial, during the preceding five years. If such consultant or expert believes any of
`this information is subject to a confidentiality obligation to a third-party, then the s/he should
`provide whatever information can be disclosed without violating any confidentiality agreements,
`and the Party seeking to disclose Google Protected Material to the consultant or expert shall be
`available to meet and confer with Google regarding any such engagement.
`4 For avoidance of doubt, an independent expert or consultant retained (as opposed to employed)
`by a Party on another litigation would not be precluded under this section.
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`4
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`6.
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`Case 6:22-cv-00535-ADA Document 112 Filed 11/03/23 Page 5 of 23
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`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 Google 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
`Google Protected Material to the consultant or expert. The Parties agree to
`promptly confer and use good faith to resolve any such objection. If the Parties are
`unable to resolve any objection, the objecting Party may file a motion with the
`Court within fifteen (15) days of receipt of the notice, or within such other time as
`the Parties may agree, seeking a protective order with respect to the proposed
`disclosure. The objecting Party shall have the burden of proving the need for a
`protective order. No disclosure shall occur until all such objections are resolved by
`agreement or Court order5;
`independent litigation support services, including persons working for or as court
`reporters, graphics or design services, jury or trial consulting services, and
`photocopy, document imaging, and database services retained by counsel and
`reasonably necessary to assist counsel with the litigation of this Action; and
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`(f)
`
`(g)
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`the Court and its personnel.
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`Google
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`shall designate documents,
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`information, or material as “GOOGLE
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`CONFIDENTIAL” only upon a good faith belief that the documents, information, or
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`material contains confidential or proprietary information or trade secrets of Google or a
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`Third Party to whom Google reasonably believes it owes an obligation of confidentiality
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`with respect to such documents, information, or material.
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`7.
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`Documents, information, or material produced in this Action, including but not limited to
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`Google Protected Material designated as DESIGNATED MATERIAL, and the knowledge
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`of the existence of such Google Protected Material (i) shall be used only for prosecuting,
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`defending, or attempting to settle this Action, (ii) shall not be used for any business
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`5 A party who has not previously objected to disclosure of Google Protected Material to an
`expert or whose objection has been resolved with respect to previously produced Google
`Protected Material shall not be precluded from raising an objection to an expert at a later time
`with respect to Google Protected Material that is produced after the time for objecting to such
`expert has expired or if new information about that expert is disclosed or discovered.
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`5
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`purpose, in connection with any other legal or administrative proceeding, including but not
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`limited to any proceeding at the U.S. Patent and Trademark Office (or any similar agency
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`of a foreign government), or directly or indirectly for any other purpose whatsoever and
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`(iii) shall not be disclosed to any person who is not entitled to receive such Google
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`Protected Material as herein provided. All produced Google Protected Material shall be
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`carefully maintained so as to preclude access by persons who are not entitled to receive
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`such Google Protected Material, and any person or entity who obtains access to
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`DESIGNATED MATERIAL or the contents thereof pursuant to this Supplemental
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`Protective Order shall not make any copies, duplicates, extracts, summaries, or descriptions
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`of such DESIGNATED MATERIAL or any portion thereof except as may be reasonably
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`necessary in the litigation of this Action. Any such copies, duplicates, extracts, summaries,
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`or descriptions shall be classified DESIGNATED MATERIALS and subject to all of the
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`terms and conditions of this Supplemental Protective Order.
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`8.
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`To the extent Google believes that certain Google Protected Material qualifying to be
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`designated GOOGLE CONFIDENTIAL is so sensitive that its dissemination deserves even
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`further limitation, Google may designate such Google Protected Material “GOOGLE
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`CONFIDENTIAL - ATTORNEYS’ EYES ONLY,” or to the extent such Google Protected
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`Material includes or substantially relates to computer source code and/or live data (that is,
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`data as it exists residing in a database or databases) (“Source Code Material”), Google may
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`designate such Google Protected Material as “GOOGLE CONFIDENTIAL - SOURCE
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`CODE.”
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`9.
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`For Google Protected Material designated GOOGLE CONFIDENTIAL - ATTORNEYS’
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`EYES ONLY, access to, and disclosure of, such Google Protected Material shall be limited
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`6
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`to individuals listed in paragraphs 5(a–c) and (e–g); provided, however, that access by in-
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`house counsel pursuant to paragraph 5(c) be limited to in-house counsel who exercise no
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`competitive decision-making authority on behalf of the client.
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`10.
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`For Google Protected Material designated GOOGLE CONFIDENTIAL - OUTSIDE
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`ATTORNEYS’ EYES ONLY, access to, and disclosure of, such Google Protected Material
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`shall be limited to individuals listed in paragraphs 5(a–b) and (e–g); provided, however,
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`that Google shall accommodate reasonable requests to provide summary information to in-
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`house counsel designated pursuant to paragraph 5(c) who exercise no competitive decision-
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`making authority on behalf of the client and reasonably require access to such information.
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`11.
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`For Google Protected Material designated GOOGLE CONFIDENTIAL - SOURCE
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`CODE, the following additional restrictions apply:
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`(a)
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`Access to Google’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) may be connected to a printer. The stand-alone computer(s) may only
`be located within the continental United States at the offices of Google’s outside
`counsel or its vendors. The stand-alone computer(s) shall have disk encryption
`and be password protected. Use or possession of any input/output device (e.g.,
`USB memory stick, mobile phone or tablet, camera or any camera-enabled device,
`CD, floppy disk, portable hard drive, laptop, or any device that can access the
`Internet or any other network or external system, etc.) is prohibited while accessing
`the computer containing the source code. All persons entering the locked room
`containing the stand-alone computer(s) must agree to submit to reasonable security
`measures to ensure they are not carrying any prohibited items before they will be
`given access to the stand-alone computer(s). Google may periodically “check in”
`on the activities of the receiving Party’s representatives during any stand-alone
`computer review and may visually monitor the activities of the receiving Party’s
`representatives from outside the room in which the stand-alone computer(s) is
`located, but only to ensure that no unauthorized electronic records of the Source
`Code Material and no information concerning the Source Code Material are being
`created or transmitted in any way. Google may not record (visually, audibly or by
`other means) the activities 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
`access to the stand-alone computer(s) to normal business hours, which for purposes
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`7
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`Case 6:22-cv-00535-ADA Document 112 Filed 11/03/23 Page 8 of 23
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`of this paragraph shall be 8:00 a.m. through 6:00 p.m. However, upon reasonable
`notice from the receiving Party, Google shall make reasonable efforts to
`accommodate the receiving Party’s request for access to the stand-alone
`computer(s) outside of normal business hours. The Parties agree to cooperate in
`good faith such that maintaining Google’s Source Code Material at the offices of
`its outside counsel or its vendors shall not unreasonably hinder the receiving
`Party’s ability to efficiently and effectively conduct the prosecution or defense of
`this Action.
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`Google shall provide the receiving Party with information explaining how to start,
`log on to, and operate the stand-alone computer(s) in order to access the produced
`Source Code Material on the stand-alone computer(s).
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`Google 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 experts6 (i.e., not existing employees or affiliates of a
`Party or an affiliate of a Party or competitor identified by Google with reasonable
`specificity) retained for the purpose of this litigation and approved to access such
`Google Protected Material pursuant to paragraph 5(e) above. The 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 Supplemental
`Protective 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
`GOOGLE CONFIDENTIAL - SOURCE CODE or (2) those pages containing
`quoted Source Code Material will be separately stamped and treated as GOOGLE
`CONFIDENTIAL - SOURCE CODE.
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`Except as set forth in this paragraph, no electronic copies or images of Source Code
`Material shall be made without prior written consent of Google. The receiving
`Party may create an electronic copy or image of limited excerpts of Source Code
`Material only to the extent necessary to create Source Code Exhibits or any drafts
`of these documents7. The receiving Party shall only include such excerpts as are
`reasonably necessary for the purposes for which such part of the Source Code
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`(c)
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`(d)
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`(e)
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`(f)
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`(g)
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`6 For the purposes of this paragraph, an outside consultant or expert does not include the outside
`consultant’s or expert’s direct reports and other support personnel.
`7 Drafts shall only include those excerpts the receiving Party reasonably believes will be included
`in the final version.
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`8
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`Case 6:22-cv-00535-ADA Document 112 Filed 11/03/23 Page 9 of 23
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`Material is used. Images or copies of Source Code Material shall not be included
`in correspondence between the parties (references to production numbers shall be
`used instead) and shall be omitted from pleadings and other papers except to the
`extent permitted herein. The receiving Party may create an electronic image of a
`selected portion of the Source Code Material only when the electronic file
`containing such image has been encrypted using commercially reasonable
`encryption software including password protection. The communication and/or
`disclosure of electronic files containing any portion of Source Code Material shall
`at all times be limited to individuals who are authorized to see Source Code
`Material under the provisions of this Supplemental Protective Order. Additionally,
`all electronic copies must be labeled “GOOGLE CONFIDENTIAL - SOURCE
`CODE.” If Source Code Documents are filed with the Court, they must be filed
`under seal in accordance with the Court’s rules, procedures and orders.
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`No person shall copy, e-mail, transmit, upload, download, print, photograph or
`otherwise duplicate any portion of the designated “GOOGLE CONFIDENTIAL -
`SOURCE CODE” material, except that the receiving Party may request paper
`copies (“Source Code Printouts”) of limited portions of the Source Code Material,
`but only if and to the extent reasonably necessary for the preparation of court
`filings, pleadings, expert reports, or other papers, or for deposition or trial. In no
`event may the receiving Party print more than 25 consecutive pages, or an
`aggregate total of more than 250 pages, of source code during the duration of the
`case without prior written approval by Google. The receiving Party shall not
`request paper copies for the purposes of reviewing the source code other than
`electronically as set forth in paragraph (a) in the first instance. Within 5 business
`days or such additional time as necessary due to volume requested, Google will
`provide the requested material on watermarked or colored paper bearing Bates
`numbers and the legend “GOOGLE CONFIDENTIAL - SOURCE CODE” unless
`objected to as discussed below. At the inspecting Party’s request, up to two
`additional sets (or subsets) of printed source code may be requested and provided
`by Google in a timely fashion. Even if within the limits described, Google may
`challenge the amount of source code requested in hard copy form or whether the
`source code requested in hard copy form is reasonably necessary to any case
`preparation activity pursuant to the dispute resolution procedure and timeframes
`set forth in Paragraph 21 whereby Google is the “requesting Party” and the
`receiving Party is the “designating Party” for purposes of dispute resolution.
`Contested Source Code Printouts do not need to be produced to the receiving Party
`until the matter is resolved by the Court.
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`If the receiving Party’s outside counsel, consultants, or experts obtain Source Code
`Printouts, the receiving Party shall ensure that such outside counsel, consultants,
`or experts keep the Source Code Printouts under their direct control in a secured
`locked area in the offices of such outside counsel, consultants, or expert. The
`receiving Party may also temporarily keep the Source Code Printouts at: (i) the
`Court for any 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
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`(h)
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`(i)
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`Case 6:22-cv-00535-ADA Document 112 Filed 11/03/23 Page 10 of 23
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`the Source Code Material are taken, for the dates associated with the deposition(s);
`and (iii) any intermediate location reasonably necessary to transport the Source
`Code Printouts to a Court proceeding or deposition, provided that the printouts or
`photocopies are kept in a secure manner that ensures access is limited to the
`persons authorized under this Supplemental Protective Order.
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`Google’s Source Code Material may only be transported by the receiving Party at
`the direction of a person authorized under paragraph 11(e) above to another person
`authorized under paragraph 11(e) above on paper via hand carry. Source Code
`Material may not be transported or transmitted electronically over a network of
`any kind, including a LAN, an intranet, or the Internet. Source Code Material may
`only be transported electronically as is reasonably necessary for filing any Source
`Code Material with the Court or serving such Source Code Material on another
`Party.
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`The receiving Party’s outside counsel and/or expert shall be entitled to take notes
`relating to the source code but may not copy any portion of the source code into
`the notes. No copies of all or any portion of the source code may leave the room
`in which the source code is inspected except as otherwise provided herein. Further,
`no other written or electronic record of the source code is permitted except as
`otherwise provided herein. No notes shall be made or stored on the inspection
`computer, or left behind at the site where the inspection computer is made
`available, and any such notes shall be deleted or destroyed by Google, without
`reviewing the substance of the notes, upon discovery. Notwithstanding the
`foregoing, any such notes shall be stamped and treated as “GOOGLE
`CONFIDENTIAL - SOURCE CODE.” The log of such notes need not be
`produced to any other party absent Court Order (e.g. potentially in connection with
`a Protective Order violation motion).
`
`A list of names of persons who will review Source Code Material on the stand-
`alone computer(s) will be provided to Google in conjunction with any written
`(including email) notice requesting inspection. Prior to the first inspection of any
`Source Code Material on the stand-alone computer(s), the receiving Party shall
`provide five (5) business days’ notice to schedule the initial inspection with
`Google. The receiving Party shall provide three (3) business days’ notice in
`advance of scheduling any additional inspections. Such notice shall include the
`names and titles for every individual from the receiving Party who will attend the
`inspection. Google may maintain a daily log of the names of persons who enter the
`locked room to view the source code and when they enter and depart;
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`The receiving Party’s outside counsel shall maintain a log of all copies of the
`Source Code Printouts (received from Google) that are delivered by the receiving
`Party to any person and a log of any electronic images of Source Code Material.
`The log shall include the names of the recipients and reviewers of copies and
`locations where the copies are stored. Upon request by Google, the receiving Party
`shall provide reasonable assurances and/or descriptions of the security measures
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`(j)
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`(k)
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`(l)
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`(m)
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`12.
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`Case 6:22-cv-00535-ADA Document 112 Filed 11/03/23 Page 11 of 23
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`(n)
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`employed by the receiving Party and/or person that receives a copy of any portion
`of the source code; and
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`All copies of any portion of the Source Code Printouts in whatever form shall be
`securely destroyed if they are no longer in use. Copies of Source Code Printouts
`that are marked as deposition exhibits shall not be provided to the Court Reporter
`or attached to deposition transcripts; rather, the deposition record will identify the
`exhibit by its production numbers.
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`Absent written consent from Google, any person associated or affiliated with the receiving
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`Party and permitted to receive Google Protected Material that is designated GOOGLE
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`CONFIDENTIAL - ATTORNEYS’ EYES ONLY, GOOGLE CONFIDENTIAL -
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`OUTSIDE ATTORNEYS’ EYES ONLY, and/or GOOGLE CONFIDENTIAL - SOURCE
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`CODE (collectively “HIGHLY SENSITIVE MATERIAL”), who obtains, receives, has
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`access to, or otherwise learns, in whole or in part, Google’s HIGHLY SENSITIVE
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`MATERIAL under this Supplemental Protective Order shall not prepare, prosecute,
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`supervise, or assist in the preparation or prosecution of any patent application pertaining to
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`(a) accessing and displaying network content, accessing and displaying time-varying
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`Internet content using application media packages, or creating or authoring internet content
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`using application media packages, (b) any products, services, or systems accused of
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`infringement in this Action, including, but not limited to, the Android Operating System
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`or mobile applications compatible with the Android Operating System, or (c) the patents
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`asserted in this Action and any patent or application claiming priority to or otherwise
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`related to the patents asserted in this Action (collectively the “Field of Invention”) during
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`the pendency of this Action and for three years after its conclusion, including any appeals.
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`For purposes of this paragraph, “prosecution” includes any activity related to (i) the
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`preparation or prosecution (for any person or entity) of patent applications, including
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`among others reexamination and reissue applications or (ii) directly or indirectly
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`participating, drafting, amending, advising, or otherwise affecting the scope or
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`maintenance of patent claims.8 To ensure compliance with the purpose of this provision,
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`each Party shall create an “Ethical Wall” between those persons with access to HIGHLY
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`SENSITIVE MATERIAL and any individuals who prepare, prosecute, supervise or assist
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`in the preparation or prosecution of any patent application pertaining to the Field of
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`Invention.
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`13.
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`Absent written consent from Google, any individual affiliated with the receiving Party who
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`obtains, receives, has access to, or otherwise learns, in whole or in part, Google’s HIGHLY
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`SENSITIVE MATERIAL under this Supplemental Protective Order shall not be involved
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`in any activity related to: the (i) the acquisition of patents or patent applications relating to
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`the Field of Invention or (ii) the advising or counseling clients regarding the same. This
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`Acquisition Bar shall begin when such HIGHLY SENSITIVE MATERIAL is first received
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`by the affected individual and shall end three (3) years after the conclusion of this Action,
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`including any appeals.
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`14.
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`Disclosure of Google Protected Material shall be subject to all applicable laws and
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`regulations relating to the export of technical data contained in such Google Protected
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`Material, including the release of such technical data to foreign persons or nationals in the
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`United States or elsewhere. Each party receiving Google Protected Material shall comply
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`with all applicable export control statutes and regulations. See, e.g., 15 CFR 734.2(b). No
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`Google Protected Material may leave the territorial boundaries of the United States of
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`8 Prosecution includes, for example, original prosecution, reissue, inter partes review, post grant
`review, covered business method review and reexamination proceedings.
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`America or be made available to any foreign national who is not (i) lawfully admitted for
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`permanent residence in the United States or (ii) identified as a protected individual under
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`the Immigration and Naturalization Act (8 U.S.C. 1324b(a)(3)). Without limitation, this
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`prohibition extends to Google Protected Material (including copies) in physical and
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`electronic form. The viewing of Google Protected Material through electronic means
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`outside
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`the
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`territorial
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`limits of
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`the United States of America
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`is similarly
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`prohibited. Notwithstanding this prohibition, Google Protected Material, exclusive of
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`material designated GOOGLE CONFIDENTIAL ‑ SOURCE CODE, and to the extent
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`otherwise permitted by law, may be taken outside the territorial limits of the United States
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`if it is reasonably necessary for a deposition taken in a foreign country. The restrictions
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`contained within this paragraph may be amended through the consent of Google to the
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`extent that such agreed to procedures conform with applicable export control laws and
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`regulations.
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`15.
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`Nothing in this Supplemental Protective Order shall require production of documents,
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`information, or other material that a Party contends is protected from disclosure by the
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`attorney-client privilege, the work product doctrine, or other privilege, doctrine, or
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`immunity. Pursuant to Federal Rule of Evidence 502(d) and (e), if documents,
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`information, or other material subject to a claim of attorney-client privilege, work product
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`doctrine, or other privilege, doctrine, or immunity is produced, such production shall in no
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`way prejudice or otherwise constitute a waiver of, or estoppel as to, any such privilege,
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`doctrine, or immunity. Any Party that produces documents, information, or other material
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`it reasonably believes are protected under the attorney-client privilege, work product
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`doctrine, or other privilege, doctrine, or immunity may obtain the return of such
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`documents, information, or other material by notifying the recipient(s) and providing a
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`privilege log for the 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
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`Google, except for any pages containing privileged or otherwise protected markings by
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`the recipient(s), which pages shall instead be destroyed and certified as such to Google.
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`16.
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`There shall be n