Case 6:22-cv-01162-ADA Document 107-1 Filed 07/05/24 Page 1 of 27
`
`By Email
`
`June 21, 2024
`
`Jason Charkow
`Daignault Iyer LLP
`8229 Boone Boulevard, Suite 450
`Vienna, VA 22182
`jcharkow@daignaultiyer.com
`
`Marissa Lalli
`
`+1 617 526 6301 (t)
`+1 617 526 5000 (f)
`Marissa.lalli@wilmerhale.com
`
`Re: ParkerVision, Inc. v. Realtek Semiconductor Corp., Case No. 6:22-cv-01162 (W.D. Tx)
`
`Counsel:
`
`I write on behalf of Intel Corporation (“Intel”). In connection with the above-captioned case (the
`“ParkerVision-Realtek Litigation”), Intel was served with the enclosed subpoena seeking
`documents produced in ParkerVision, Inc. v. Intel Corp., Case No. 6:20-cv-00108 (W.D. Tex);
`ParkerVision, Inc. v. Intel Corp., Case No. 6:20-cv-00562 (W.D. Tex) (the “ParkerVision-Intel
`Litigation”).
`
`In order to comply with that subpoena, Intel is required to produce to Realtek Semiconductor Corp.
`(“Realtek”) certain documents that include information designated by ParkerVision in the
`ParkerVision-Intel Litigation as CONFIDENTIAL and/or ATTORNEYS’ EYES ONLY.
`Specifically, Intel is required to produce the reports from Drs. Vivek Subramanian and Michael
`Steer addressing the issue of patent invalidity; Intel’s motion for summary judgment of no pre-suit
`damages under 35 U.S.C. § 287 and corresponding exhibits and briefing; ParkerVision’s motions
`for summary judgment and corresponding exhibits and briefing; the Court’s Order Concerning
`Final Pretrial Motions (Dkt. 282); and the transcripts of depositions of current and former
`ParkerVision employees and ParkerVision expert witnesses. Intel intends to produce those
`documents on June 28, 2024. Please note that the documents will be designated CONFIDENTIAL
`– OUTSIDE ATTORNEYS’ EYES ONLY pursuant to the protective order in the ParkerVision-
`Realtek Litigation, which is appended to the subpoena as Exhibit 1.
`
`If you would like to discuss, please do not hesitate to contact me at marissa.lalli@wilmerhale.com
`or (617) 526-6301.
`
`Best regards,
`
`/s/ Marissa Lalli
`
`Marissa Lalli
`
`

`

`Case 6:22-cv-01162-ADA Document 107-1 Filed 07/05/24 Page 2 of 27
`Case 6:22-cv-01162-ADA Document 107-1 Filed 07/05/24 Page 2 of 27
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`Exhibit 1
`
`

`

`Case 6:22-cv-01162-ADA Document 107-1 Filed 07/05/24 Page 3 of 27
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`AO 88A (Rev. 02/14) Subpoena to Testify at a Deposition in a Civil Action
`
`UNITED STATES DISTRICT COURT
`for the
` Western District of Texas
`__________ District of __________
`
`Civil Action No.
`
`6:22-CV-01162-ADA
`
`))))))
`
`PARKERVISION, INC.
`Plaintiff
`v.
`REALTEK SEMICONDUCTOR CORP.
`
`Defendant
`
`SUBPOENA TO TESTIFY AT A DEPOSITION IN A CIVIL ACTION
`
`To:
`
`,
`
`(Name of person to whom this subpoena is directed)
`
`Testimony: YOU ARE COMMANDED to appear at the time, date, and place set forth below to testify at a
`deposition to be taken in this civil action. If you are an organization, you must designate one or more officers, directors,
`or managing agents, or designate other persons who consent to testify on your behalf about the following matters, or
`those set forth in an attachment:
`See Schedule B
`
`Place:
`
`Paul Hastings LLP
`1117 S. California Ave.
`Palo Alto, CA 94304
`
`Date and Time:
`
`06/
`
`/2024 9:00 am
`
`The deposition will be recorded by this method:
`
`ideographic, stenographic, and real time
`
`Production: You, or your representatives, must also bring with you to the deposition the following documents,
`electronically stored information, or objects, and must permit inspection, copying, testing, or sampling of the
`See Schedule A
`material:
`
`The following provisions of Fed. R. Civ. P. 45 are attached – Rule 45(c), relating to the place of compliance;
`Rule 45(d), relating to your protection as a person subject to a subpoena; and Rule 45(e) and (g), relating to your duty to
`respond to this subpoena and the potential consequences of not doing so.
`
`Date:
`
`0 /
`
`/2024
`
`CLERK OF COURT
`
`Signature of Clerk or Deputy Clerk
`
`OR
`
`/s/ Lisa K. Nguyen
`
`Attorney’s signature
`
`The name, address, e-mail address, and telephone number of the attorney representing (name of party)
`Realtek Semiconductor Corp.
`, who issues or requests this subpoena, are:
`Lisa K. Nguyen, 1117 S. California Ave., Palo Alto, CA 94304, lisanguyen@paulhastings.com, 650-320-1890
`
`Notice to the person who issues or requests this subpoena
`If this subpoena commands the production of documents, electronically stored information, or tangible things before
`trial, a notice and a copy of the subpoena must be served on each party in this case before it is served on the person to
`whom it is directed. Fed. R. Civ. P. 45(a)(4).
`
`

`

`Case 6:22-cv-01162-ADA Document 107-1 Filed 07/05/24 Page 4 of 27
`
`AO 88A (Rev. 02/14) Subpoena to Testify at a Deposition in a Civil Action (Page 2)
`
`Civil Action No.
`
`6:22-CV-01162-ADA
`
`PROOF OF SERVICE
`(This section should not be filed with the court unless required by Fed. R. Civ. P. 45.)
`
`I received this subpoena for (name of individual and title, if any)
`.
`
`on (date)
`
`I served the subpoena by delivering a copy to the named individual as follows:
`
`I returned the subpoena unexecuted because:
`
`on (date)
`
`; or
`
`Unless the subpoena was issued on behalf of the United States, or one of its officers or agents, I have also
`tendered to the witness the fees for one day’s attendance, and the mileage allowed by law, in the amount of
`
`$
`
`.
`
`My fees are $
`
`for travel and $
`
`for services, for a total of $
`
`0.00
`
`.
`
`.
`
`I declare under penalty of perjury that this information is true.
`
`Date:
`
`Server’s signature
`
`Printed name and title
`
`Server’s address
`
`Additional information regarding attempted service, etc.:
`
`

`

`Case 6:22-cv-01162-ADA Document 107-1 Filed 07/05/24 Page 5 of 27
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`AO 88A (Rev. 02/14) Subpoena to Testify at a Deposition in a Civil Action (Page 3)
`
`Federal Rule of Civil Procedure 45 (c), (d), (e), and (g) (Effective 12/1/13)
`
`(c) Place of Compliance.
`
`(1) For a Trial, Hearing, or Deposition. A subpoena may command a
`person to attend a trial, hearing, or deposition only as follows:
`(A) within 100 miles of where the person resides, is employed, or
`regularly transacts business in person; or
`(B) within the state where the person resides, is employed, or regularly
`transacts business in person, if the person
`(i) is a party or a party’s officer; or
`(ii) is commanded to attend a trial and would not incur substantial
`expense.
`
`(2) For Other Discovery. A subpoena may command:
`(A) production of documents, electronically stored information, or
`tangible things at a place within 100 miles of where the person resides, is
`employed, or regularly transacts business in person; and
`(B) inspection of premises at the premises to be inspected.
`
`(d) Protecting a Person Subject to a Subpoena; Enforcement.
`
`(1) Avoiding Undue Burden or Expense; Sanctions. A party or attorney
`responsible for issuing and serving a subpoena must take reasonable steps
`to avoid imposing undue burden or expense on a person subject to the
`subpoena. The court for the district where compliance is required must
`enforce this duty and impose an appropriate sanction—which may include
`lost earnings and reasonable attorney’s fees—on a party or attorney who
`fails to comply.
`
`(2) Command to Produce Materials or Permit Inspection.
`(A) Appearance Not Required. A person commanded to produce
`documents, electronically stored information, or tangible things, or to
`permit the inspection of premises, need not appear in person at the place of
`production or inspection unless also commanded to appear for a deposition,
`hearing, or trial.
`(B) Objections. A person commanded to produce documents or tangible
`things or to permit inspection may serve on the party or attorney designated
`in the subpoena a written objection to inspecting, copying, testing, or
`sampling any or all of the materials or to inspecting the premises—or to
`producing electronically stored information in the form or forms requested.
`The objection must be served before the earlier of the time specified for
`compliance or 14 days after the subpoena is served. If an objection is made,
`the following rules apply:
`(i) At any time, on notice to the commanded person, the serving party
`may move the court for the district where compliance is required for an
`order compelling production or inspection.
`(ii) These acts may be required only as directed in the order, and the
`order must protect a person who is neither a party nor a party’s officer from
`significant expense resulting from compliance.
`
`(3) Quashing or Modifying a Subpoena.
`
`(A) When Required. On timely motion, the court for the district where
`compliance is required must quash or modify a subpoena that:
`
`(i) fails to allow a reasonable time to comply;
`(ii) requires a person to comply beyond the geographical limits
`specified in Rule 45(c);
`(iii) requires disclosure of privileged or other protected matter, if no
`exception or waiver applies; or
`(iv) subjects a person to undue burden.
`(B) When Permitted. To protect a person subject to or affected by a
`subpoena, the court for the district where compliance is required may, on
`motion, quash or modify the subpoena if it requires:
`
`(i) disclosing a trade secret or other confidential research, development,
`or commercial information; or
`(ii) disclosing an unretained expert’s opinion or information that does
`not describe specific occurrences in dispute and results from the expert’s
`study that was not requested by a party.
`(C) Specifying Conditions as an Alternative. In the circumstances
`described in Rule 45(d)(3)(B), the court may, instead of quashing or
`modifying a subpoena, order appearance or production under specified
`conditions if the serving party:
`(i) shows a substantial need for the testimony or material that cannot be
`otherwise met without undue hardship; and
`(ii) ensures that the subpoenaed person will be reasonably compensated.
`
`(e) Duties in Responding to a Subpoena.
`
`(1) Producing Documents or Electronically Stored Information. These
`procedures apply to producing documents or electronically stored
`information:
`(A) Documents. A person responding to a subpoena to produce documents
`must produce them as they are kept in the ordinary course of business or
`must organize and label them to correspond to the categories in the demand.
`(B) Form for Producing Electronically Stored Information Not Specified.
`If a subpoena does not specify a form for producing electronically stored
`information, the person responding must produce it in a form or forms in
`which it is ordinarily maintained or in a reasonably usable form or forms.
`(C) Electronically Stored Information Produced in Only One Form. The
`person responding need not produce the same electronically stored
`information in more than one form.
`(D) Inaccessible Electronically Stored Information. The person
`responding need not provide discovery of electronically stored information
`from sources that the person identifies as not reasonably accessible because
`of undue burden or cost. On motion to compel discovery or for a protective
`order, the person responding must show that the information is not
`reasonably accessible because of undue burden or cost. If that showing is
`made, the court may nonetheless order discovery from such sources if the
`requesting party shows good cause, considering the limitations of Rule
`26(b)(2)(C). The court may specify conditions for the discovery.
`
`(2) Claiming Privilege or Protection.
`(A) Information Withheld. A person withholding subpoenaed information
`under a claim that it is privileged or subject to protection as trial-preparation
`material must:
`(i) expressly make the claim; and
`(ii) describe the nature of the withheld documents, communications, or
`tangible things in a manner that, without revealing information itself
`privileged or protected, will enable the parties to assess the claim.
`(B) Information Produced. If information produced in response to a
`subpoena is subject to a claim of privilege or of protection as
`trial-preparation material, the person making the claim may notify any party
`that received the information of the claim and the basis for it. After being
`notified, a party must promptly return, sequester, or destroy the specified
`information and any copies it has; must not use or disclose the information
`until the claim is resolved; must take reasonable steps to retrieve the
`information if the party disclosed it before being notified; and may promptly
`present the information under seal to the court for the district where
`compliance is required for a determination of the claim. The person who
`produced the information must preserve the information until the claim is
`resolved.
`
`(g) Contempt.
`The court for the district where compliance is required—and also, after a
`motion is transferred, the issuing court—may hold in contempt a person
`who, having been served, fails without adequate excuse to obey the
`subpoena or an order related to it.
`
`For access to subpoena materials, see Fed. R. Civ. P. 45(a) Committee Note (2013).
`
`

`

`Case 6:22-cv-01162-ADA Document 107-1 Filed 07/05/24 Page 6 of 27
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`SCHEDULE A
`
`DEFINITIONS
`
`1. The definitions set forth herein have the broadest possible meaning under the Federal
`
`Rules of Civil Procedure.
`
`2. “Intel,” “You,” and “Your” refer to Intel Corporation and its parents, subsidiaries,
`
`divisions, affiliates, predecessors, assigns, successors, and acquired assets of business units, and
`
`any of its present or former officers, directors, trustees, employees, agents, representatives,
`
`attorneys, patent agents, and all other persons acting on its behalf.
`
`3. “ParkerVision” refers to ParkerVision, Inc., the Plaintiff in this action, and includes its
`
`parents, subsidiaries, divisions, affiliates, predecessors, assigns, successors, and acquired assets
`
`of business units, and any of its present or former officers, directors, trustees, employees, agents,
`
`representatives, attorneys, patent agents, and all other persons acting on its behalf.
`
`4. “Realtek” refers to Realtek Semiconductor Corporation, the Defendant in this action.
`
`5. “ParkerVision-Intel Litigations” refers to ParkerVision, Inc. v. Intel Corporation, No.
`
`6:20-cv-00108 (W.D. Tex. Feb. 11, 2020) and ParkerVision, Inc. v. Intel Corporation, No. 6:20-
`
`cv-00562 (W.D. Tex. June 24, 2020).
`
`6. The term “Intel-Asserted Patents” refers to the patents asserted in the ParkerVision-Intel
`
`Litigations. The term “Intel-Asserted Patent” refers to any one of the Intel-Asserted Patents.
`
`7. The term “Related Patents” refers to (1) any United States or foreign patent or patent
`
`application related to any Intel-Asserted Patent by way of subject matter or claimed priority date,
`
`(2) all parent, grandparent or earlier, divisional, continuation, continuation-in-part, provisionals,
`
`reissue, reexamination, and foreign counterpart patents and applications of thereof, and/or (3)
`
`any patent or patent application filed by one of more of the same applicant(s) (or his or her
`
`

`

`Case 6:22-cv-01162-ADA Document 107-1 Filed 07/05/24 Page 7 of 27
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`assignees) that refers to any of (1) or (2) herein. The term “Related Patent” refers to any one of
`
`the Related Patents.
`
`8. “Document” is synonymous in meaning and equal in scope to the term “documents or
`
`electronically stored information” in Rule 34 of the Federal Rules of Civil Procedure, and
`
`includes any documents or electronically stored information—including writings, drawings,
`
`graphs, charts, photographs, sound recordings, images, and other data or data compilations—
`
`stored in any medium from which information can be obtained either directly or, if necessary,
`
`after translation by the responding party into a reasonably usable form. A draft Document or a
`
`copy of a Document that is in any way different from the original (including as to any
`
`handwritten notes, notations, stamps, highlightings, underlinings, interlineations, or any other
`
`markings) is a separate Document within the meaning of this term.
`
`9. “Relate to,” “relating to,” or “relating,” when used in reference to a particular subject,
`
`shall be construed in the most inclusive sense, and shall be considered a request that You identify
`
`and produce Documents that refer to, discuss, summarize, reflect, constitute, contain, embody,
`
`pertain to, mention, show, comment on, evidence, or in any other manner concern the referenced
`
`subject matter.
`
`10. As used herein, the singular includes the plural and the present tense includes the past
`
`tense.
`
`11. “And/or,” “and,” and “or” shall be construed in the conjunctive or disjunctive, whichever
`
`makes the Request more inclusive.
`
`12. “Any” includes “all;” and “all” includes “any.”
`
`
`
`
`
`

`

`Case 6:22-cv-01162-ADA Document 107-1 Filed 07/05/24 Page 8 of 27
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`INSTRUCTIONS
`
`The following instructions are applicable to each discovery request in this Subpoena
`
`unless otherwise explicitly stated:
`
`1. If any portion of a document or thing is responsive to a request, the entire document or
`
`thing shall be produced, redacting only privileged material if any.
`
`2. You are to produce the original and each non-identical copy of each document or things
`
`requested herein that is in your possession, custody or control.
`
`3. Things produced pursuant to these requests shall be produced in their present form and
`
`shall not be changed or modified in any way.
`
`4. In the event that any documents or things called for by these requests or subsequent
`
`requests is to be withheld on the basis of a claim of privilege or immunity from discovery, that
`
`document or thing is to be identified by stating: (a) the author(s), addressee(s) and any indicated
`
`or blind copyee(s); (b) the document's or thing's date, number of pages and attachments or
`
`appendices; (c) the subject matter(s) of the document or thing; (d) the nature of the privilege or
`
`immunity asserted; and (e) any additional facts upon which you would base your claim of
`
`privilege or immunity.
`
`5. If any of the documents or things are considered "confidential" such documents or things
`
`should be produced subject to the terms and provisions of the default protective order in this
`
`case. A copy of the protective order is attached as Exhibit 1.
`
`6. If no documents or things are responsive to a particular request, state that no responsive
`
`documents or things exist.
`
`
`
`
`
`

`

`Case 6:22-cv-01162-ADA Document 107-1 Filed 07/05/24 Page 9 of 27
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`DOCUMENTS TO BE PRODUCED
`
`1. Expert reports shared in the ParkerVision-Intel Litigations between You and
`
`ParkerVision regarding invalidity or validity of the Intel-Asserted Patents or Related Patents.
`
`2. Documents relating to or containing briefing, argument, or any order regarding whether
`
`ParkerVision failed to comply with 35 U.S.C. 287, the “Marking Statute” from the ParkerVision-
`
`Intel Litigations.
`
`3. Deposition transcripts of ParkerVision’s witnesses from the ParkerVision-Intel
`
`Litigations including but not limited to ParkerVision’s expert witnesses and fact witnesses
`
`including ParkerVision’s corporate designees and any named inventors on the Intel-Asserted
`
`Patents.
`
`

`

`Case 6:22-cv-01162-ADA Document 107-1 Filed 07/05/24 Page 10 of 27
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`SCHEDULE B
`
`DEFINITIONS
`
`1. The definitions set forth herein have the broadest possible meaning under the Federal
`
`Rules of Civil Procedure.
`
`2. “Intel,” “You,” and “Your” refer to Intel Corporation and its parents, subsidiaries,
`
`divisions, affiliates, predecessors, assigns, successors, and acquired assets of business units, and
`
`any of its present or former officers, directors, trustees, employees, agents, representatives,
`
`attorneys, patent agents, and all other persons acting on its behalf.
`
`3. “ParkerVision” refers to ParkerVision, Inc., the Plaintiff in this action, and includes its
`
`parents, subsidiaries, divisions, affiliates, predecessors, assigns, successors, and acquired assets
`
`of business units, and any of its present or former officers, directors, trustees, employees, agents,
`
`representatives, attorneys, patent agents, and all other persons acting on its behalf.
`
`4. “Realtek” refers to Realtek Semiconductor Corporation, the Defendant in this action.
`
`5. “Relate to,” “relating to,” or “relating,” when used in reference to a particular subject,
`
`shall be construed in the most inclusive sense, and shall be considered a request that You identify
`
`and produce Documents that refer to, discuss, summarize, reflect, constitute, contain, embody,
`
`pertain to, mention, show, comment on, evidence, or in any other manner concern the referenced
`
`subject matter.
`
`6. As used herein, the singular includes the plural and the present tense includes the past
`
`tense.
`
`7. “And/or,” “and,” and “or” shall be construed in the conjunctive or disjunctive, whichever
`
`makes the Request more inclusive.
`
`8. “Any” includes “all;” and “all” includes “any.”
`
`
`
`
`
`

`

`Case 6:22-cv-01162-ADA Document 107-1 Filed 07/05/24 Page 11 of 27
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`INSTRUCTIONS
`
`1. This Subpoena calls for You to provide testimony on the topics identified below under
`
`the heading “DEPOSITION TOPICS.”
`
`2. Pursuant to Rule 30(b)(6) of the Federal Rules of Civil Procedure, You are required to
`
`designate one or more officers, directors, managing agents, or other knowledgeable persons to
`
`testify on Your behalf as to the following topics. You are requested to set forth, at least five (5)
`
`business days prior to the deposition date, each designee and the topics on which the designee
`
`will testify.
`
`3. The deposition will take place upon oral examination before an officer duly authorized by
`
`law to administer oaths and record testimony. Some or all of the deposition testimony may be
`
`recorded by stenography and video. Some or all of the deposition testimony may involve
`
`realtime computer connection between the deposition taker and stenographer using software such
`
`as “LiveNote.”
`
`DEPOSITION TOPICS
`
`1. The authenticity of the Documents You produce in this action in response to this
`
`subpoena.
`
`
`
`
`
`
`
`

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`Case 6:22-cv-01162-ADA Document 107-1 Filed 07/05/24 Page 12 of 27
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`Exhibit
`
`

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`Case 6:22-cv-01162-ADA Document 107-1 Filed 07/05/24 Page 13 of 27
`Case 6:22-cv-01162-ADA Document 107-1 Filed 07/05/24 Page 13 of 27
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`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE WESTERNDISTRICT OF TEXAS
`
`WACO DIVISION
`
`Case No. 6:00-CV-000-ADA
`
`§ §
`
`§
`§
`§
`
`[PLAINTIFF], et al.,]
`
`V.
`
`[DEFENDANT], et al.]
`
`SAMPLE PROTECTIVE ORDER FOR PATENT CASES
`
`WHEREAS, Plaintiff
`
`and Defendant
`
`, hereafter
`
`referred to as “the Parties,” believe that certain information that is or will be encompassed by
`
`discovery demands by the Parties involves the production or disclosure of trade secrets,
`
`confidential business information, or other proprietary information;
`
`WHEREAS, the Parties seek a protective order limiting disclosure thereofin accordance with Federal
`
`Rule of Civil Procedure 26(c):
`
`THEREFORE,it is hereby stipulated among the Parties and ORDEREDthat:
`
`1.
`
`EachParty may designate as confidential forprotection under this Order, in wholeorin part,
`
`any document, information, or material that constitutes or includes, in whole or in part,
`
`confidential or proprietary information or trade secrets ofthe Party or a Third Party to whom
`
`the Party reasonably believes it owes an obligation of confidentiality with respect to such
`
`document, information, or material (“Protected Material”). Protected Material shall be
`
`designated by the Party producing it by affixing a legend or stamp on such document,
`
`information, or material as follows: “CONFIDENTIAL.” The word “CONFIDENTIAL”
`
`shall be placed clearly on each page ofthe Protected Material (except deposition and hearing
`
`transcripts) for which such protection is sought. For deposition and hearing transcripts, the
`
`

`

`Case 6:22-cv-01162-ADA Document 107-1 Filed 07/05/24 Page 14 of 27
`Case 6:22-cv-01162-ADA Document 107-1 Filed 07/05/24 Page 14 of 27
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`word “CONFIDENTIAL”shall be placed on the cover pageofthe transcript (if not already
`
`present on the cover page of the transcript when received from the court reporter) by each
`
`attorney receiving a copy of the transcript after that attorney receives notice of the
`
`designation of someorall of that transcript as “CONFIDENTIAL.”
`
`2.
`
`Any document produced before issuance of this Order, including pursuant to the Court’s
`
`Order Governing Proceedings- Patent Case, with the designation “Confidential”or the like
`
`shall receive the same treatmentas if designated “CONFIDENTIAL”underthis order and
`
`any such documents produced with the designation “Confidential - Outside Attorneys’
`
`Eyes Only” shall receive the same treatment as if designated “CONFIDENTIAL-
`
`OUTSIDE ATTORNEYS’ EYES ONLY”under this Order, unless and until such
`
`documentis re-designated to have a different classification under this Order.
`
`3.
`
`With respect to documents, information, or material designated “CONFIDENTIAL,”
`
`“CONFIDENTIAL - ATTORNEYS’ EYES ONLY,” “CONFIDENTIAL - OUTSIDE
`
`ATTORNEYS’ EYES ONLY,”
`
`or
`
`“CONFIDENTIAL -
`
`SOURCE CODE”
`
`(“DESIGNATED MATERIAL”),! subject to the provisions herein and unless otherwise
`
`stated, this Order governs, without limitation:
`
`(a) all documents, electronically stored
`
`information, and/or things as defined by the Federal Rules of Civil Procedure; (b)all
`
`pretrial, hearing or deposition testimony, or documents marked as exhibits or
`
`for
`
`identification in depositions and hearings; (c) pretrial pleadings, exhibits to pleadings and
`
`other court filings; (d) affidavits; and (e) stipulations. All copies, reproductions, extracts,
`
`digests, and complete or partial
`
`summaries prepared from any DESIGNATED
`
`1 The term DESIGNATED MATERIALis 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.
`
`

`

`Case 6:22-cv-01162-ADA Document 107-1 Filed 07/05/24 Page 15 of 27
`Case 6:22-cv-01162-ADA Document 107-1 Filed 07/05/24 Page 15 of 27
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`MATERIALS shall also be considered DESIGNATED MATERIALandtreated as such
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`underthis Order.
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`A designation of Protected Material (ie, “CONFIDENTIAL,” “CONFIDENTIAL-
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`ATTORNEYS’ EYES ONLY,” “CONFIDENTIAL - OUTSIDE ATTORNEYS’ EYES
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`ONLY,”or “CONFIDENTIAL -SOURCE CODE”) maybe madeat any time. Inadvertent
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`or unintentional production of documents,
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`information, or material that has not been
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`designated as DESIGNATED MATERIALshall not be deemed a waiverin wholeorin 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.
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`The recipient(s)
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`shall
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`then destroy all copies of the madvertently 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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`“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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`uponorder of the Court, or as set forth in paragraph 15 herein:
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`(a)
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`(b)
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`(c)
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`Outside counsel of record in this Action for the Parties.
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`Employees of such counsel assigned to and reasonably necessary to assist such
`counselin thelitigation 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 whoare assisting outside
`counselin thelitigation of this Action.
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`(d)|Uptoand includingthree (3) designated representatives of each of the Parties to the
`extent reasonably necessary forthe litigation of this Action, except that any Party
`may in good faith request the other Party’s consent to designate one or more
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`Case 6:22-cv-01162-ADA Document 107-1 Filed 07/05/24 Page 16 of 27
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`(e)
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`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 ofthis litigation, provided
`that: (1) such consultants or experts are not presently employed by the Parties or
`ofan 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 sameis served upon the producing Party with a current
`curriculum vitae of the consultantor 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 Materialto the consultant orexpert. The Parties agree to promptly confer
`and use good faithto resolve any such objection. Ifthe Parties are unable to resolve
`any objection, the objecting Party may file a motion with the Court within fifteen
`(15) daysofreceipt 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 ofproving theneed fora 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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`Independentlitigation 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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`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 ofconfidentiality with respect to such documents,
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`information, or material.
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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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`Case 6:22-cv-01162-ADA Document 107-1 Filed 07/05/24 Page 17 of 27
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`be used for any other purpose. Any person or entity who obtains access to DESIGNATED
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`MATERIALor the contents thereof pursuant to this Order shall not make any copies,
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`duplicates, extracts, summaries, or descriptions of such DESIGNATED MATERIALorany
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`portion thereof except as may be reasonably necessary in thelitigation of this Action. Any
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`such copies, duplicates, extracts,
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`summaries, or descriptions
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`shall be classified
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`DESIGNATED MATERIALS andsubjectto all of the terms and conditions of this Order.
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`To the extent a producing Party believes that certain Protected Material qualifying to be
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`designated CONFIDENTIALisso 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,”orto the extent such Protected Material includes computer
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`source code and/orlive 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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`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