`Case 1:22-cv-01331-MSN-JFA Document 54 Filed 03/28/23 Page 1 of 35 PageID# 625
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`UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF VIRGINIA
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`Case No. 1:22-cv-01331-MSN-JFA
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`GEOSCOPE TECHNOLOGIES PTE. LTD.,
`Plaintiff,
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`v.
`GOOGLE LLC,
`Defendant.
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`
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`1.
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`STIPULATED PROTECTIVE ORDER
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`PURPOSES AND LIMITATIONS
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`Disclosure and discovery activity in this action are likely to involve production of
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`confidential, proprietary, or private information for which special protection from public
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`disclosure and from use for any purpose other than prosecuting this litigation may be warranted.
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`Accordingly, the Parties hereby stipulate to and petition the Court to enter the following
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`Stipulated Protective Order. The Parties acknowledge that this Order does not confer blanket
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`protections on all disclosures or responses to discovery and that the protection it affords from
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`public disclosure and use extends only to the limited information or items that are entitled to
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`confidential treatment under the applicable legal principles. The Parties further acknowledge, as
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`set forth in Section 14.5, below, that this Stipulated Protective Order does not entitle them to file
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`confidential information under seal; Local Civil Rule 5 sets forth the procedures that must be
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`followed and the standards that will be applied when a Party seeks permission from the Court to
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`file material under seal.
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`2.
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`DEFINITIONS
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`2.1
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`Challenging Party: a Party or Non-Party that challenges the designation of
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`information or items under this Order.
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`2.2
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`“CONFIDENTIAL” Information or Items: information (regardless of how it is
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`generated, stored or maintained) or tangible things that qualify for protection under Federal Rule
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`of Civil Procedure 26(c).
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`2.3
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`Counsel (without qualifier): Outside Counsel of Record and House Counsel (as
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`well as their support staff).
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`2.4
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`Designating Party: a Party or Non-Party that designates information or items that
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`it produces in disclosures or in responses to discovery as “CONFIDENTIAL” or “HIGHLY
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`CONFIDENTIAL – ATTORNEYS’ EYES ONLY” or “HIGHLY CONFIDENTIAL – SOURCE
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`CODE”.
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`2.5
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`Disclosure or Discovery Material: all items or information, regardless of the
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`medium or manner in which it is generated, stored, or maintained (including, among other things,
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`testimony, transcripts, and tangible things), that are produced or generated in disclosures or
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`responses to discovery in this matter.
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`2.6
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`Expert: a person with specialized knowledge or experience in a matter pertinent to
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`the litigation who (1) has been retained by a Party or its counsel to serve as an expert witness or
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`as a consultant in this action, (2) is not a past or current employee of a Party or of a Party’s
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`competitor, and (3) at the time of retention, is not anticipated to become an employee of a Party
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`or of a Party’s competitor.
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`2.7
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`“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information or
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`Items: extremely sensitive “Confidential Information or Items,” disclosure of which to another
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`Party or Non-Party would create a substantial risk of serious harm that could not be avoided by
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`less restrictive means.
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`2.8
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`“HIGHLY CONFIDENTIAL – SOURCE CODE” Information or Items:
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`extremely sensitive “Confidential Information or Items” representing computer code and
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`associated comments and revision histories, formulas, engineering specifications, or schematics
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`that define or otherwise describe in detail the algorithms or structure of software or hardware
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`designs, disclosure of which to another Party or Non-Party would create a substantial risk of
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`serious harm that could not be avoided by less restrictive means.
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`2.10 House Counsel: attorneys who are members in good standing of at least one state
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`bar, who are employees of a Party, and who have responsibility for managing this action. House
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`Counsel does not include Outside Counsel of Record or any other outside counsel.
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`2.11 Non-Party: any natural person, partnership, corporation, association, or other legal
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`entity not named as a Party to this action.
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`2.12 Outside Counsel of Record: attorneys who are not employees of a party to this
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`action but are retained to represent or advise a Party and have appeared in this action on behalf of
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`that Party or are affiliated with a law firm which has appeared on behalf of that Party.
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`2.13 Party: any party to this action.
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`2.14 Producing Party: a Party or Non-Party that produces Disclosure or Discovery
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`Material in this action.
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`2.15 Professional Vendors: persons or entities that provide litigation support services
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`(e.g., photocopying, videotaping, translating, preparing exhibits or demonstrations, and
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`organizing, storing, or retrieving data in any form or medium, and professional jury or trial
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`consultants) and their employees and subcontractors, who (1) have been retained by a Party or its
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`counsel to provide litigation support services with respect to this action, (2) are (including any
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`employees and subcontractors) not a past or current employee of a Party or of a Party’s
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`competitor, and (3) at the time of retention, are not anticipated to become an employee of a Party
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`or of a Party’s competitor.
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`2.16 Protected Material: any Disclosure or Discovery Material that is designated as
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`“CONFIDENTIAL,” or as “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” or as
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`“HIGHLY CONFIDENTIAL – SOURCE CODE.”
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`2.17 Receiving Party: a Party that receives Disclosure or Discovery Material.
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`3.
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`SCOPE
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`The protections conferred by this Stipulation and Order cover not only Protected Material
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`(as defined above), but also (1) any information copied or extracted from Protected Material; (2)
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`all copies, excerpts, summaries, or compilations of Protected Material; and (3) any testimony,
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`conversations, or presentations by Parties or their Counsel that might reveal Protected Material.
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`However, the protections conferred by this Stipulation and Order do not cover the following
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`information: (a) any information that is in the public domain at the time of disclosure to a
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`Receiving Party or becomes part of the public domain after its disclosure to a Receiving Party as
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`a result of publication not involving a violation of this Order, including becoming part of the
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`public record through trial or otherwise; and (b) any information known to the Receiving Party
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`prior to the disclosure or obtained by the Receiving Party after the disclosure from a source who
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`obtained the information lawfully and under no obligation of confidentiality to the Designating
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`Party. Any use of Protected Material at trial shall be governed by a separate agreement or order.
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`In addition, nothing in this Stipulation and Order shall prevent or restrict a Producing Party’s
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`own disclosure or use of its own Protected Material for any purpose, and nothing in this
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`Stipulation and Order shall preclude any Producing Party from showing its Protected Material to
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`an individual who prepared the Protected Material.
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`4.
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`DURATION
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`Even after final disposition of this litigation, the confidentiality obligations imposed by
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`this Order shall remain in effect until a Designating Party agrees otherwise in writing or a Court
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`order otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all
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`claims and defenses in this action, with or without prejudice; or (2) entry of a final judgment
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`herein after the completion and exhaustion of all appeals, rehearings, remands, trials, or reviews
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`of this action, including the time limits for filing any motions or applications for extension of
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`time pursuant to applicable law.
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`5.
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`DESIGNATING PROTECTED MATERIAL
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`5.1
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`Exercise of Restraint and Care in Designating Material for Protection. Each Party
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`or Non-Party that designates information or items for protection under this Order must take care
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`to limit any such designation to specific material that qualifies under the appropriate standards.
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`Mass, indiscriminate, or routinized designations are prohibited. Designations that are shown to
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`be clearly unjustified or that have been made for an improper purpose (e.g., to unnecessarily
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`encumber or retard the case development process or to impose unnecessary expenses and
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`burdens on other Parties) expose the Designating Party to sanctions.
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`If it comes to a Designating Party’s attention that information or items that it designated
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`for protection do not qualify for protection at all or do not qualify for the level of protection
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`initially asserted, that Designating Party must promptly notify all other Parties that it is
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`withdrawing the mistaken designation.
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`5.2 Manner and Timing of Designations. Except as otherwise provided in this Order
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`(see, e.g., second paragraph of section 5.2(a) below), or as otherwise stipulated or ordered,
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`Disclosure or Discovery Material that qualifies for protection under this Order must be clearly so
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`designated before the material is disclosed or produced.
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`Designation in conformity with this Order requires:
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`(a) for information in documentary form (e.g., paper or electronic documents, but
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`excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing
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`Party affix the legend “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’
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`EYES ONLY” or “HIGHLY CONFIDENTIAL – SOURCE CODE” to each page that contains
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`protected material.
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`A Party or Non-Party that makes original documents or materials available for inspection
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`need not designate them for protection until after the inspecting Party has indicated which
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`material it would like copied and produced. During the inspection and before the designation, all
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`of the material made available for inspection shall be deemed “HIGHLY CONFIDENTIAL –
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`ATTORNEYS’ EYES ONLY.” After the inspecting Party has identified the documents it wants
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`copied and produced, the Producing Party must determine which documents qualify for
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`protection under this Order. Then, before producing the specified documents, the Producing
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`Party must affix the appropriate legend (“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –
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`ATTORNEYS’ EYES ONLY” or “HIGHLY CONFIDENTIAL – SOURCE CODE”) to each
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`page that contains Protected Material.
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`(b) for testimony given in deposition or in other pretrial or trial proceedings, that
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`the Designating Party when practical identify on the record, before the close of the deposition,
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`hearing, or other proceeding, all protected testimony and specify the level of protection being
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`asserted. When it is impractical to identify separately each portion of testimony that is entitled to
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`protection and it appears that substantial portions of the testimony may qualify for protection, the
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`Designating Party shall have up to 14 days to identify the specific portions of the testimony as to
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`which protection is sought and to specify the level of protection being asserted. Only those
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`portions of the testimony that are appropriately designated for protection within the 14 days shall
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`be covered by the provisions of this Stipulated Protective Order. Alternatively, a Designating
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`Party may specify, at the deposition or up to 14 days afterwards if that period is properly
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`invoked, that the entire transcript shall be treated as “CONFIDENTIAL” or “HIGHLY
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`CONFIDENTIAL – ATTORNEYS’ EYES ONLY” or “HIGHLY CONFIDENTIAL – SOURCE
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`CODE.”
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`Parties shall give the other Parties reasonable notice (a minimum of two business days) if
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`they reasonably expect a deposition, hearing or other proceeding to include Protected Material so
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`that the other Parties can ensure that only authorized individuals who have signed the
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`“Acknowledgment and Agreement to Be Bound” (Exhibit A) are present at those proceedings.
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`The use of a document as an exhibit at a deposition shall not in any way affect its designation as
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`“CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” or
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`“HIGHLY CONFIDENTIAL – SOURCE CODE.”
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`Transcripts containing Protected Material shall have an obvious legend on the title page
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`that the transcript contains Protected Material, and the title page shall be followed by a list of all
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`pages (including line numbers as appropriate) that have been designated as Protected Material
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`and the level of protection being asserted by the Designating Party. The Designating Party shall
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`inform the court reporter of these requirements. Any transcript that is prepared before the
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`expiration of a 14-day period for designation shall be treated during that period as if it had been
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`designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” in its entirety unless
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`otherwise agreed. After the expiration of that period, the transcript shall be treated only as
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`actually designated.
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`(c) for information produced in some form other than documentary and for any
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`other tangible items, that the Producing Party affix in a prominent place on the exterior of the
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`container or containers in which the information or item is stored the legend “CONFIDENTIAL”
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`or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” or “HIGHLY
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`CONFIDENTIAL – SOURCE CODE”.
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`5.3
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`Inadvertent or Mistaken Failures to Designate. If timely corrected, an inadvertent
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`or mistaken failure to designate qualified information or items does not, standing alone, waive
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`the Designating Party’s right to secure protection under this Order for such material. Upon
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`timely correction of a designation, the Receiving Party must make reasonable efforts to assure
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`that the material is treated in accordance with the provisions of this Order.
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`6.
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`CHALLENGING CONFIDENTIALITY DESIGNATIONS
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`6.1
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`Timing of Challenges. Any Party may challenge a designation of confidentiality
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`at any time. Unless a prompt challenge to a Designating Party’s confidentiality designation is
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`necessary to avoid foreseeable, substantial unfairness, unnecessary economic burdens, or a
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`significant disruption or delay of the litigation, a Party does not waive its right to challenge a
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`confidentiality designation by electing not to mount a challenge promptly after the original
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`designation is disclosed.
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`6.2 Meet and Confer. The Challenging Party shall initiate the dispute resolution
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`process by providing written notice of each designation it is challenging and describing the basis
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`for each challenge. To avoid ambiguity as to whether a challenge has been made, the written
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`notice must recite that the challenge to confidentiality is being made in accordance with this
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`specific paragraph of the Protective Order. The Parties shall attempt to resolve each challenge in
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`good faith and must begin the process by conferring directly (in voice to voice dialogue; other
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`forms of communication are not sufficient) within 4 business days of the date of service of
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`notice. In conferring, the Challenging Party must explain the basis for its belief that the
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`confidentiality designation was not proper and must give the Designating Party an opportunity to
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`review the designated material, to reconsider the circumstances, and, if no change in designation
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`is offered, to explain the basis for the chosen designation. A Challenging Party may proceed to
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`the next stage of the challenge process only if it has engaged in this meet and confer process first
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`or establishes that the Designating Party is unwilling to participate in the meet and confer
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`process within 4 business days of the written notice.
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`6.3
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`Judicial Intervention. If the Parties cannot resolve a challenge without Court
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`intervention, the Challenging Party shall request that the Court cancel or modify a designation
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`within 4 business days of the Parties meeting and conferring. Each such motion must be
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`accompanied by a competent declaration affirming that the movant has complied with the meet
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`and confer requirements imposed in the preceding paragraph.
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`The burden of persuasion in any such challenge proceeding shall be on the Designating
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`Party. Frivolous challenges and those made for an improper purpose (e.g., to harass or impose
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`unnecessary expenses and burdens on other Parties) may expose the Challenging Party to
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`sanctions. All Parties shall continue to afford the material in question the level of protection to
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`which it is entitled under the Designating Party’s designation until the Court rules on the
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`challenge.
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`7.
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`ACCESS TO AND USE OF PROTECTED MATERIAL
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`7.1
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`Basic Principles. A Receiving Party may use Protected Material that is disclosed
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`or produced by another Party or by a Non-Party in connection with this case only for
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`prosecuting, defending, or attempting to settle this litigation. Such Protected Material shall not be
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`used for any business purpose, in connection with any other legal proceeding, or directly or
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`indirectly for any other purpose whatsoever without the prior written consent of the Designating
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`Party or upon order of the Court. Such Protected Material may be disclosed only to the
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`categories of persons and under the conditions described in this Order.1 When the litigation has
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`been terminated, a Receiving Party must comply with the provisions of section 15 below
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`(FINAL DISPOSITION).
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`Protected Material must be stored and maintained by a Receiving Party at a location and
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`in a secure manner that ensures that access is limited to the persons authorized under this Order.
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`Protected Material shall not be copied or otherwise reproduced by a Receiving Party, except for
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`transmission to qualified recipients, without the written permission of the Producing Party or by
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`further order of the Court.
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`7.2
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`Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise
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`ordered by the Court or permitted in writing by the Designating Party, a Receiving Party may
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`disclose any information or item designated “CONFIDENTIAL” only to:
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`(a) the Receiving Party’s Outside Counsel of Record in this action, as well as
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`employees of said Outside Counsel of Record to whom it is reasonably necessary to disclose the
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`information for this litigation and who have signed the “Acknowledgment and Agreement to Be
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`Bound” that is attached hereto as Exhibit A;
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`1 In the event a Non-Party witness is authorized to receive Protected Material that is to be used
`during his/her deposition but is represented by an attorney not authorized under this Order to
`receive such Protected Material, the attorney must provide prior to commencement of the
`deposition an executed “Acknowledgment and Agreement to Be Bound” in the form attached
`hereto as Exhibit A. In the event such attorney declines to sign the “Acknowledgment and
`Agreement to Be Bound” prior to the examination, the Parties, by their attorneys, shall jointly seek
`a protective order from the Court prohibiting the attorney from disclosing Protected Material in
`order for the deposition to proceed.
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`(b) Up to one House Counsel of the Receiving Party to whom disclosure is
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`reasonably necessary for this litigation, and who have signed the “Acknowledgment and
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`Agreement to Be Bound” (Exhibit A);
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`(c) Experts (as defined in this Order) of the Receiving Party to whom disclosure is
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`reasonably necessary for this litigation and who have signed the “Acknowledgment and
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`Agreement to Be Bound” (Exhibit A);
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`(d) the Court and its personnel;
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`(e) stenographic reporters, videographers and/or their staff, and Professional
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`Vendors to whom disclosure is reasonably necessary for this litigation and who have signed the
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`“Acknowledgment and Agreement to Be Bound” (Exhibit A);
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`(f) during their depositions, witnesses in the action to whom disclosure is
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`reasonably necessary and who have signed the “Acknowledgment and Agreement to Be Bound”
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`(Exhibit A). The Receiving Party shall provide the Designating Party notice at least 3 business
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`days in advance if it reasonably expects a deposition to include Protected Material so that the
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`Designating Party can ensure that only authorized individuals are present at those proceedings.
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`Pages of transcribed deposition testimony or exhibits to depositions that reveal Protected
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`Material must be separately bound by the court reporter and may not be disclosed to anyone
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`except as permitted under this Stipulated Protective Order.
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`(g) the author, signatory, or recipient of a document containing the information or
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`a custodian or other person who otherwise possessed or personally knows the information.
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`(f) mock jurors who have signed onto this Stipulated Protective Order and agreed
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`to be bound by its terms.
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`7.3 Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY”
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`Information or Items. Unless otherwise ordered by the Court or permitted in writing by the
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`Designating Party, a Receiving Party may disclose any information or item designated
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`“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” only to:
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`(a) the Receiving Party’s Outside Counsel of Record in this action, as well as
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`employees of said Outside Counsel of Record to whom it is reasonably necessary to disclose the
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`information for this litigation and who have signed the “Acknowledgment and Agreement to Be
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`Bound” that is attached hereto as Exhibit A;
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`(b) Experts of the Receiving Party (1) to whom disclosure is reasonably necessary
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`for this litigation, (2) who have signed the “Acknowledgment and Agreement to Be Bound”
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`(Exhibit A), and (3) as to whom the procedures set forth in paragraph 7.5(a)(2), below, have been
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`followed;
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`(c) the Court and its personnel;
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`(d) stenographic reporters, videographers and their respective staff, and
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`Professional Vendors to whom disclosure is reasonably necessary for this litigation and who
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`have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
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`(e) during their depositions, witnesses in the action to whom disclosure is
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`reasonably necessary and who have signed the “Acknowledgment and Agreement to Be Bound”
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`(Exhibit A). The Receiving Party shall provide the Designating Party notice at least 3 business
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`days in advance if it reasonably expects a deposition to include Protected Material so that the
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`Designating Party can ensure that only authorized individuals are present at those proceedings.
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`Pages of transcribed deposition testimony or exhibits to depositions that reveal Protected
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`Material must be separately bound by the court reporter and may not be disclosed to anyone
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`except as permitted under this Stipulated Protective Order.
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`(f) the author, signatory, or recipient of a document containing the information or
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`a custodian or other person who otherwise possessed or personally knows the information.
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`7.4 Disclosure of “HIGHLY CONFIDENTIAL – SOURCE CODE” Information or
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`Items. Unless otherwise ordered by the Court or permitted in writing by the Designating Party, a
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`Receiving Party may disclose any information or item designated “HIGHLY CONFIDENTIAL
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`– SOURCE CODE” only to:
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`(a) the Receiving Party’s Outside Counsel of Record in this action, as well as
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`employees of said Outside Counsel of Record to whom it is reasonably necessary to disclose the
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`information for this litigation and who have signed the “Acknowledgment and Agreement to Be
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`Bound” that is attached hereto as Exhibit A;
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`(b) up to five Experts of the Receiving Party (1) to whom disclosure is reasonably
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`necessary for this litigation, (2) who have signed the “Acknowledgment and Agreement to Be
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`Bound” (Exhibit A), and (3) as to whom the procedures set forth in paragraph 7.5(a)(2), below
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`and specifically identified as eligible to access “HIGHLY CONFIDENTIAL – SOURCE
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`CODE” Information or Items, have been followed;
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`(c) the Court and its personnel;
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`(d) stenographic reporters, videographers and their respective staff who have
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`signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A) and are transcribing or
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`videotaping a deposition wherein “HIGHLY CONFIDENTIAL – SOURCE CODE” Information
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`or Items are being discussed, provided that such reporters and videographers shall not retain or
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`be given copies of any portions of the source code, which if used during a deposition, will not be
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`attached as an exhibit to the transcript but instead shall be identified only by its production
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`numbers.
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`(e) while testifying at deposition or trial in this action only: (i) any current officer,
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`director or employee of the Designating Party or original source of the information; (ii) any
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`person designated by the Designating Party to provide testimony pursuant to Rule 30(b)(6) of the
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`Federal Rules of Civil Procedure; and/or (iii) any person who authored, previously received
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`(other than in connection with this litigation), or was directly involved in creating, modifying, or
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`editing the “HIGHLY CONFIDENTIAL – SOURCE CODE” Information or Items, as evident
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`from its face or reasonably certain in view of other testimony or evidence. Persons authorized to
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`view “HIGHLY CONFIDENTIAL – SOURCE CODE” Information or Items pursuant to this
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`sub-paragraph shall not retain or be given copies of the “HIGHLY CONFIDENTIAL –
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`SOURCE CODE” Information or Items except while so testifying.
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`7.5 Procedures for Approving or Objecting to Disclosure of “HIGHLY CONFIDENTIAL
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`– ATTORNEYS’ EYES ONLY” or “HIGHLY CONFIDENTIAL – SOURCE CODE”
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`Information or Items to Experts.
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`(a)(1) Unless otherwise ordered by the court or agreed to in writing by the
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`Designating Party, a Party that seeks to disclose to an Expert (as defined in this Order) any
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`information or item that has been designated “HIGHLY CONFIDENTIAL – ATTORNEYS’
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`EYES ONLY” or “HIGHLY CONFIDENTIAL – SOURCE CODE” pursuant to paragraphs
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`7.3(b) or 7.4(b) first must make a written request to the Designating Party2 that (1) identifies the
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`general categories of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” or
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`2 For a Designating Party that is a Non-Party, experts previously disclosed and approved prior to
`the Non-Party’s production of any information or item that has been designated “HIGHLY
`CONFIDENTIAL – ATTORNEYS’ EYES ONLY” or “HIGHLY CONFIDENTIAL – SOURCE
`CODE” need not be disclosed to said Non-Party unless such Non-Party requests such information
`prior to the production of any Protected Material. Moreover, unless otherwise requested by the
`Non-Party, subsequently disclosed experts need not be disclosed to the Non-Party before that Non-
`Party’s Protected Material may be disclosed thereto.
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`Case 1:22-cv-01331-MSN-JFA Document 54 Filed 03/28/23 Page 15 of 35 PageID# 639
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`“HIGHLY CONFIDENTIAL – SOURCE CODE” information that the Receiving Party seeks
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`permission to disclose to the Expert, (2) sets forth the full name of the Expert and the city and
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`state of his or her primary residence, (3) attaches a copy of the Expert’s current resume, (4)
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`identifies the Expert’s current employer(s), (5) identifies each person or entity from whom the
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`Expert has received compensation or funding for work in his or her areas of expertise or to
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`whom the expert has provided professional services, including in connection with a litigation, at
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`any time during the preceding five years,3 and (6) identifies (by name and number of the case,
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`filing date, and location of court) any litigation in connection with which the Expert has offered
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`expert testimony, including through a declaration, report, or testimony at a deposition or trial,
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`during the preceding five years.
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`(b) A Party that makes a request and provides the information specified in the
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`preceding respective paragraphs may disclose the subject Protected Material to the identified
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`Expert unless, within five days of delivering the request, the Party receives a written objection
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`from the Designating Party. Any such objection must set forth in detail the grounds on which it is
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`based.
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`(c) A Party that receives a timely written objection must meet and confer with the
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`Designating Party (through direct voice to voice dialogue) to try to resolve the matter by
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`agreement within three business days of the written objection. If no agreement is reached, the
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`Party seeking to make the disclosure to the Expert may file a motion as provided in Local Civil
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`Rule 7 (or as provided by the Court’s Rule 16(b) Order or local motion practice) seeking
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`3 If the Expert believes any of this information is subject to a confidentiality obligation to a third-
`party, then the Expert should provide whatever information the Expert believes can be disclosed
`without violating any confidentiality agreements, and the Party seeking to disclose to the Expert
`shall be available to meet and confer with the Designating Party regarding any such engagement.
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`Case 1:22-cv-01331-MSN-JFA Document 54 Filed 03/28/23 Page 16 of 35 PageID# 640
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`permission from the court to do so. Any such motion must describe the circumstances with
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`specificity, set forth in detail the reasons why the disclosure to the Expert is reasonably
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`necessary, assess the risk of harm that the disclosure would entail, and suggest any additional
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`means that could be used to reduce that risk. In addition, any such motion must be accompanied
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`by a competent declaration describing the parties’ efforts to resolve the matter by agreement (i.e.,
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`the extent and the content of the meet and confer discussions) and setting forth the reasons
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`advanced by the Designating Party for its refusal to approve the disclosure.
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`(d) In any such proceeding, the Party opposing disclosure to the Expert shall bear the
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`burden of proving that the risk of harm that the disclosure would entail (under the safeguards
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`proposed) outweighs the Receiving Party’s need to disclose the Protected Material to its Expert.
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`(e) A party who has not previously objected to disclosure of Protected Material to an
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`Expert or whose objection has been resolved with respect to previously produced Protected
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`Material shall not be precluded from raising an objection to an Expert at a later time with respect
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`to Protected Material that is produced after the time for objecting to such Expert has expired or if
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`new information about that Expert is disclosed or discovered. Any such objection shall be
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`handled in accordance with the provisions set forth above.
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`8.
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`PROSECUTION AND ACQUISITION BAR
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`(a) Absent written consent from Google LLC, any individual who receives access to
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`“CONFIDENTIAL,” “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” or
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`“HIGHLY CONFIDENTIAL – SOURCE CODE” information designated by Google LLC shall
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`not be involved in the prosecution of patents or patent applications relating to the geolocation of
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`mobile devices using network signals (i.e., Wi-Fi, cellular, and Bluetooth signals), including
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`without limitation the patents asserted in this action and any patent or application claiming
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`priority to or otherwise related to the patents asserted in this action, before any foreign or
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`domestic agency, including the United States Patent and Trademark Office (“the Patent Office”).
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`For purposes of this paragraph, “prosecution” includes any activity related to (i) the preparation
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`or prosecution (for any person or entity) of patent applications, including among others
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`reexamination and reissue applications or (