Case 2:19-cv-06301-AB-KS Document 67-1 Filed 05/26/20 Page 1 of 18 Page ID #:949
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`UNITED STATES DISTRICT COURT
`CENTRAL DISTRICT OF CALIFORNIA
`WESTERN DIVISION
`
` Case No. 2:19-cv-06301-AB-KS
`[PROPOSED]
`PROTECTIVE ORDER
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`Philips North America LLC,
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`Plaintiff,
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`v.
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`Garmin International, Inc.
`and Garmin Ltd.,
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`Defendants.
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`4821-2656-1469.1
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`PROTECTIVE ORDER
`CASE NO. 2:19-cv-06301-AB-KS
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`Case 2:19-cv-06301-AB-KS Document 67-1 Filed 05/26/20 Page 2 of 18 Page ID #:950
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`WHEREAS, documents and information may be sought, produced or exhibited by
`and among the parties to the above captioned proceeding, which materials relate to trade
`secrets or other confidential research, development or commercial information;
`IT IS HEREBY ORDERED THAT:
`1. Confidential business information is information which concerns or relates to the
`trade secrets, processes, operations, style of work, or apparatus, or to the production, sales,
`shipments, purchases, transfers, identification of customers, inventories, amount or source
`of any income, profits, losses, or expenditures of any person, firm, partnership, corporation,
`or other organization, or other information of commercial value, the disclosure of which is
`likely to have the effect of either causing substantial harm to the competitive position of
`the person, firm, partnership, corporation, or other organization from which the information
`was obtained.
`2. Any information submitted, in discovery or in a pleading, motion, or response to
`a motion either voluntarily or pursuant to lawful discovery request, or a court order, which
`is asserted by a party to contain or constitute confidential business information shall be so
`designated by such party in writing, or orally at a deposition, conference or hearing.
`Documents shall be clearly and prominently marked on their face with the legend:
`“CONFIDENTIAL” or a comparable notice. Such information, whether submitted in
`writing or in oral testimony, shall be treated in accordance with the terms of this protective
`order. No party shall redact confidential information in a document; rather, the disclosing
`party should simply label the document as Confidential, and if it becomes relevant, will
`inform the receiving party subsequently of any particular portion of the document deemed
`confidential.
`3. In the absence of written permission from the disclosing party or an order by the
`Court, any confidential documents or business information submitted in accordance with
`the provisions of paragraph 2 above shall not be disclosed to any person other than: (i)
`outside counsel for parties to this action, including necessary secretarial and support
`personnel assisting such counsel; (ii) qualified persons taking testimony involving such
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`4821-2656-1469.1
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`1
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`PROTECTIVE ORDER
`CASE NO. 2:19-cv-06301-AB-KS
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`

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`Case 2:19-cv-06301-AB-KS Document 67-1 Filed 05/26/20 Page 3 of 18 Page ID #:951
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`documents or information and necessary stenographic and clerical personnel thereof; (iii)
`technical experts and their staff who are employed for the purposes of this litigation (unless
`they are otherwise employed by, consultants to, or otherwise affiliated with a non-
`governmental party, or are employees of any domestic or foreign manufacturer, wholesaler,
`retailer, or distributor of the products, devices or component parts that are the subject of
`this action); (iv) the Court and its staff.
`4. Confidential business information submitted in accordance with the provisions of
`paragraph 2 above shall not be made available to any person designated in paragraph 3(iii)
`unless he or she shall have first read this order and shall have signed the undertaking at
`Attachment A. However, Attorneys who have filed an appearance in this matter need not
`sign the undertaking at Attachment A, but shall nevertheless be subject to, and bound by,
`the provisions of this Protective Order.
`5. If the Court orders, or the disclosing party agrees, that access to, or dissemination
`of information submitted as confidential business information shall be made to persons not
`included in paragraph 3 above, such matter shall only be accessible to, or disseminated to,
`such persons based upon the conditions pertaining to, and obligations arising from this
`order, and such persons shall be considered subject to it, unless the Court finds that the
`information is not confidential business information as defined in paragraph 1 hereof.
`6. Any confidential business information submitted to the Court in connection with
`a motion or other proceeding shall be submitted under seal pursuant to the Local Rules.
`7. The restrictions upon, and obligations accruing to, persons who become subject
`to this order shall not apply to any information submitted in accordance with paragraph 2
`above to which the person asserting the confidential status thereof agrees in writing, or the
`Court rules, after an opportunity for hearing, was publicly known at the time it was supplied
`to the receiving party or has since become publicly known through no fault of the receiving
`party.
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`8. If a party who receives materials or information that has been designated as
`confidential and submitted in accordance with paragraph 2 disagrees with respect to such
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`4821-2656-1469.1
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`PROTECTIVE ORDER
`CASE NO. 2:19-cv-06301-AB-KS
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`Case 2:19-cv-06301-AB-KS Document 67-1 Filed 05/26/20 Page 4 of 18 Page ID #:952
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`a designation, in full or in part, it shall notify the disclosing party in writing, and they will
`thereupon confer as to the status of the subject information proffered within the context of
`this order. If the receiving party and the disclosing party are unable to concur upon the
`status of the subject information submitted as confidential business information within ten
`days from the date of notification of such disagreement, the party challenging the
`confidentiality designation may file a motion with the Court seeking to remove the
`confidentiality designation. If such motion is granted, the non-movant shall compensate
`the movant for the reasonable expenses and fees associated with the motion. In the event
`of a mixed result, the Court may fairly apportion fees and expenses. The Court may sua
`sponte question the designation of the confidential status of any information and, after
`opportunity for hearing, may remove the confidentiality designation.
`9. No less than 10 days (or any other period of time designated by the Court) prior
`to the initial disclosure to a proposed expert of any confidential information submitted in
`accordance with paragraph 2, the party proposing to use such expert shall submit in writing
`the name of such proposed expert and his or her educational and detailed employment
`history to the opposing party. If the opposing party objects to the disclosure of such
`confidential business information to such proposed expert as inconsistent with the language
`or intent of this order or on other grounds, it shall notify the recipient in writing of its
`objection and the grounds therefore prior to the initial disclosure. If the dispute is not
`resolved on an informal basis within ten days of receipt of such notice of objections, the
`opposing party may file a motion with the Court seeking to block the proposed expert’s
`access to the confidential information. During the pendency of the motion, the expert shall
`not have access to the disputed information. If the non-movant prevails on the motion, the
`moving party shall pay to the non-movant all reasonable fees and expenses associated with
`opposing the motion. In the event of a mixed result, the Court may fairly apportion fees
`and expenses.
`10. If confidential business information submitted in accordance with paragraph 2 is
`disclosed to any person other than in the manner authorized by this protective order, the
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`4821-2656-1469.1
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`PROTECTIVE ORDER
`CASE NO. 2:19-cv-06301-AB-KS
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`Case 2:19-cv-06301-AB-KS Document 67-1 Filed 05/26/20 Page 5 of 18 Page ID #:953
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`party responsible for the disclosure must immediately bring all pertinent facts relating to
`such disclosure to the attention of the party that designated the information as confidential,
`and make every effort to prevent further disclosure by it or by the person who was the
`recipient of such information.
`11. If any confidential business information which is supplied in accordance with
`paragraph 2 above is supplied by a nonparty to this case, such a nonparty shall be
`considered a “party” as that term is used in the context of this order. Each nonparty party
`shall be provided a copy of this order by the party seeking information from said party.
`12. A party may designate documents, information, or things that constitute or
`contain non-public Source Code of that part (or of any non-party whose documents or
`information a party is permitted to produce) as “CONFIDENTIAL SOURCE CODE–
`ATTORNEYS’ EYES ONLY INFORMATION.”
`A.
`“Source Code” shall mean source code, object code (i.e., computer
`instructions and data definitions expressed in a form suitable for input to an
`assembler, compiler, or other translator), microcode, register transfer language
`(“RTL”), firmware, and hardware description language (“HDL”), as well as any
`and all programmer notes, annotations, and other comments of any type related
`thereto and accompanying the code. For avoidance of doubt, this includes source
`files, make files, intermediate output files, executable files, header files, resource
`files, library files, module definition files, map files, object files, linker files,
`browse info files, and debug files.
`B. Materials designated as CONFIDENTIAL SOURCE CODE–
`ATTORNEYS’ EYES ONLY INFORMATION shall only be reviewable by
`SOURCE CODE QUALIFIED PERSONS and shall not be disclosed to anyone
`except SOURCE CODE QUALIFIED PERSONS. SOURCE CODE
`QUALIFIED PERSONS include the following: (1) outside litigation counsel who
`have signed the Agreement to Be Bound by the Protective Order, and staff
`assisting such counsel who are necessarily incident to the litigation; (2) personnel
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`4821-2656-1469.1
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`PROTECTIVE ORDER
`CASE NO. 2:19-cv-06301-AB-KS
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`

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`Case 2:19-cv-06301-AB-KS Document 67-1 Filed 05/26/20 Page 6 of 18 Page ID #:954
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`at document duplication, coding, imaging or scanning service establishments
`retained by, but not regularly employed by, outside litigation counsel as
`necessarily incident to the litigation; (3) personnel at interpretation/translation
`service establishments retained by, but not regularly employed by, outside
`litigation counsel as necessarily incident to the litigation, including without
`limitation oral interpreters and document translators; (4) the Court and Court staff;
`(5) court reporters, stenographers, and videographers transcribing or recording
`testimony at depositions, hearings or trial in this litigation, who have signed an
`acknowledgment to be bound by the Protective Order; and (6) qualified experts
`(whether testifying experts or non-testifying consultants). Nothing in this
`paragraph shall prevent a party from disclosing its own Source Code to that party’s
`own employees or qualified experts. Materials designated as CONFIDENTIAL
`SOURCE CODE–ATTORNEYS’ EYES ONLY INFORMATION shall not be
`disclosed to In-House Counsel of a receiving party or to any other employee of a
`receiving party.
`C. Qualified experts may review CONFIDENTIAL SOURCE CODE–
`ATTORNEYS’ EYES ONLY INFORMATION only after the receiving party
`complies with the provisions of paragraph 9 of this Protective Order, and such
`experts have signed the undertaking at Attachment A.
`D.
`Source Code shall be provided with the following additional
`protections:
`(i) Nothing in this Protective Order shall obligate the parties
`to produce any Source Code, nor act as an admission that any particular
`Source Code is discoverable.
`(ii) Access to Source Code will be given only to SOURCE CODE
`QUALIFIED PERSONS and, at depositions, hearings and trial, to
`witnesses who would otherwise be permitted to see such Source Code
`including the producing party’s employees and experts.
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`4821-2656-1469.1
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`PROTECTIVE ORDER
`CASE NO. 2:19-cv-06301-AB-KS
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`Case 2:19-cv-06301-AB-KS Document 67-1 Filed 05/26/20 Page 7 of 18 Page ID #:955
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`(iii) Access to Source Code shall be provided on no more than two
`“stand-alone” computer(s) (i.e., the computer(s) may not be linked to any
`network, including a local area network (“LAN”), an intranet, or the
`Internet, and may not be connected to any printer or storage device other
`than the internal hard disk drive of the computer). The stand-alone
`computer(s) shall be kept in a secure location at the offices of the producing
`party’s outside litigation counsel, or at such other location as the producing
`party and receiving party mutually agree. If the producing party objects to
`a particular location for the review of source code, the producing party and
`receiving party agree to meet and confer in good faith regarding such
`objection and present the dispute to the Court if they are not able to reach
`agreement. The stand-alone secure computer(s) may be password protected
`and shall have the Source Code stored on a hard drive contained inside the
`computer(s). The producing party shall produce Source Code in computer
`searchable format on the stand-alone computer(s). The stand-alone
`computer(s) shall, at the receiving party’s request, include reasonable
`analysis tools and translation software appropriate for the type of Source
`Code and language of any comments. The receiving party shall be
`responsible for providing the tools, licenses to the tools and/or software that
`it wishes to use to the producing party so that the producing party may
`install such tools and software on the stand-alone computer. To the extent
`that such tools or software record local working files or other records
`reflecting the work performed by the receiving party, such files and records
`shall not be reviewed, altered, or deleted by the producing party. If the
`producing party objects to particular software tools or software proposed by
`the receiving party, the producing party and receiving party agree to meet
`and confer regarding such objection and to present the dispute to the Court
`if they are not able to reach agreement.
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`PROTECTIVE ORDER
`CASE NO. 2:19-cv-06301-AB-KS
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`Case 2:19-cv-06301-AB-KS Document 67-1 Filed 05/26/20 Page 8 of 18 Page ID #:956
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`(iv) The receiving party shall provide at least two (2) business
`days’ notice to access the source code and shall only have access to the
`stand-alone secure computer(s) during business hours, which for purposes
`of this paragraph shall be 9:00 a.m. through 6:00 p.m. local time at the
`reviewing location. The parties are to cooperate in good faith such that
`maintaining the Source Code at the offices of the producing party’s outside
`litigation counsel shall not unreasonably hinder the receiving party’s ability
`to efficiently conduct the prosecution or defense in this action. It is expected
`that access to the Source Code shall be provided at the site of any deposition,
`hearing or trial. Proper identification of all SOURCE CODE QUALIFIED
`PERSONS shall be provided prior to any access to the stand- alone secure
`computer.
`(v) All SOURCE CODE QUALIFIED PERSONS who will
`review Source Code on behalf of a receiving party shall be identified in
`writing to the producing party at least two (2) business days in advance of
`the first time that such person reviews such Source Code. Such
`identification shall be in addition to any disclosure required under
`paragraphs 9 of this Protective Order. The producing party shall provide
`these individuals with information explaining how to start, log on to, and
`operate the stand-alone computer in order to access the produced Source
`Code on the stand-alone secure computer(s). For subsequent reviews by
`SOURCE CODE QUALIFIED PERSONS, the receiving party shall give
`at least one business day (and at least 24 hours’) notice to the producing
`party of such review. To the extent that the receiving party wishes to
`continue a source code review from one day to the next, the receiving party
`shall notify the producing party by 5:00 p.m. local time on the day of the
`source code review.
`(vi) No person other than the producing party may alter,
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`4821-2656-1469.1
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`PROTECTIVE ORDER
`CASE NO. 2:19-cv-06301-AB-KS
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`Case 2:19-cv-06301-AB-KS Document 67-1 Filed 05/26/20 Page 9 of 18 Page ID #:957
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`dismantle, disassemble or modify the stand-alone computer(s) in any
`way, or attempt to circumvent any security feature of the computer(s).
`(vii) No copies shall be made of Source Code, whether physical,
`electronic, or otherwise, other than volatile copies necessarily made in the
`normal course of accessing the Source Code on the stand-alone
`computer(s), except for:
`(1) print outs of reasonable portions of the Source Code in
`accordance with the provisions of this Protective Order; (2) notes and other
`analysis made of the Source Code; and (3) such other uses to which the
`parties may agree or that the Court or the Court may order. The receiving
`party shall not use any outside electronic device to copy, record,
`photograph, or otherwise reproduce Source Code. “Reasonable portions of
`the Source Code” shall be limited to the portions that are necessary for a
`qualified expert to discuss when explaining his or her opinions regarding
`a relevant feature of an accused or alleged domestic industry product in
`this action, and are subject to the presumptive limits in section (ix) below.
`Pages shall not be printed for the purpose of reviewing code in the first
`instance, as code review is to take place on the stand-alone computer(s).
`The producing party shall not unreasonably withhold approval and the
`parties shall meet and confer in good faith to resolve any disputes. The
`receiving party may take notes on a non- networked laptop, provided such
`device does not have a camera and does not have any network connectivity
`in the source code review room. The receiving party may not copy Source
`Code itself into the notes, but may take note of directories and filenames.
`The receiving party may not take such notes on the stand-alone
`computer(s) containing the Source Code, but rather only on paper or on
`the separate non-networked laptop. No networked devices or recordable
`media or recordable devices, including without limitation computers,
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`4821-2656-1469.1
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`PROTECTIVE ORDER
`CASE NO. 2:19-cv-06301-AB-KS
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`Case 2:19-cv-06301-AB-KS Document 67-1 Filed 05/26/20 Page 10 of 18 Page ID #:958
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`tablets, smartphones, cellular telephones, peripheral equipment, cameras,
`sound recorders, CDs, DVDs, or drives of any kind, shall be permitted into
`the source code review room with the stand-alone computer(s). Any notes
`taken regarding Source Code, whether on paper or electronically, shall be
`treated as CONFIDENTIAL SOURCE CODE– ATTORNEYS’ EYES
`ONLY INFORMATION under this Protective Order. The producing party
`may exercise personal supervision from outside the review room over the
`receiving party when the receiving party is in the Source Code review
`room. Such supervision, however, shall not entail review of any work
`product generated by the receiving party, e.g., monitoring the screen of the
`stand-alone computer, monitoring any surface reflecting any notes or work
`product of the receiving party, or monitoring the key strokes of the
`receiving party. There will be no video supervision by any producing
`party.
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`(viii) Nothing may be removed from the stand-alone computer,
`either by the receiving party or at the request of the receiving party, except
`for (1) print outs of reasonable portions of the Source Code in accordance
`with the provisions of this Protective Order; and (2) such other uses to which
`the parties may agree or that the Court or the Court may order.
`(ix) At the request of the receiving party, the producing party shall
`within three (3) business days provide one (1) hard copy print
`out of the specific lines, pages, or files of the Source Code that
`the receiving party believes in good faith are necessary for its
`qualified expert to discuss when explaining his or her opinions
`regarding a relevant feature of an accused or alleged domestic
`industry product. If the producing party objects in any manner
`to the production of the requested source code (e.g., the request
`is too voluminous), it shall state its objection within the allotted
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`PROTECTIVE ORDER
`CASE NO. 2:19-cv-06301-AB-KS
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`Case 2:19-cv-06301-AB-KS Document 67-1 Filed 05/26/20 Page 11 of 18 Page ID #:959
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`two (2) business days pursuant to this paragraph. Any printed
`portion that consists of more than twenty-five (25) pages of a
`continuous block of Source Code shall be presumed to be
`excessive. Without permission by the producing party or leave
`from the Court, the receiving party may request printed copies
`of no more than five hundred (500) pages of total Source Code
`from each producing party. In the event of a dispute, the parties
`will meet and confer within five (5) business days of the
`objection being raised, and if they cannot resolve it the parties
`will raise it with the Court.
`(x) Hard copy print outs of Source Code shall be provided on
`Bates numbered and watermarked or colored paper clearly labeled
`CONFIDENTIAL SOURCE CODE–ATTORNEYS’ EYES ONLY
`INFORMATION on each page and shall be maintained by the receiving
`party’s outside litigation counsel or SOURCE CODE QUALIFIED
`PERSONS in a secured locked area. The receiving party may also
`temporarily keep the print outs at: (1) the Courthouse for any
`proceedings(s) relating to the Source Code, for the dates associated with
`the proceeding(s); (2) the sites where any deposition(s) relating to the
`Source Code are taken, for the dates associated with the deposition(s); and
`(3) any intermediate location reasonably necessary to transport the print
`outs (e.g., a hotel prior to a hearing or deposition). For avoidance of doubt,
`an access-restricted location within the facilities of outside litigation
`counsel or a qualified expert, such as a conference room within an access
`restricted office or a locked drawer or cabinet, shall constitute a secured
`locked area. The receiving party shall exercise due care in maintaining the
`security of the print outs at these temporary locations. No further hard
`copies of such Source Code shall be made and the Source Code shall not
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`PROTECTIVE ORDER
`CASE NO. 2:19-cv-06301-AB-KS
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`Case 2:19-cv-06301-AB-KS Document 67-1 Filed 05/26/20 Page 12 of 18 Page ID #:960
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`be transferred into any electronic format or onto any electronic media
`except that:
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`1. The receiving party is permitted to make up to three (3)
`additional hard copies for use at a deposition. One hard copy of the source
`code may be marked as an exhibit for the deposition, and then maintained
`by counsel for the party presenting the exhibit during the deposition in a
`secured locked area. All other copies shall be destroyed immediately after
`the deposition is concluded.
`2. The receiving party is permitted to make up to five (5)
`additional hard copies for the Court in connection with a Court filing,
`hearing, or trial, and of only the specific pages directly relevant to and
`necessary for deciding the issue for which the portions of the Source Code
`are being filed or offered. To the extent portions of Source Code are
`quoted in a Court filing, either (1) the entire document will be stamped
`and treated as CONFIDENTIAL SOURCE CODE–ATTORNEYS’
`EYES ONLY INFORMATION; or (2) those pages containing quoted
`Source Code will be separately stamped and treated as CONFIDENTIAL
`SOURCE CODE– ATTORNEYS’ EYES ONLY INFORMATION.
`3. Electronic copies of Source Code may be made to be
`included in documents which, pursuant to the Court's rules, procedures and
`order(s), may be filed or served electronically. Only the necessary amount
`of electronic copies to effectuate such filing or service may be stored on
`any receiving party server, hard drive, thumb drive, or other electronic
`storage device at any given time. After any such electronic filing or service,
`the receiving party may maintain reasonable copies of such filings, but shall
`delete all other electronic copies of Source Code from all receiving party
`electronic storage devices.
`4.
`The receiving party is permitted to possess up to three (3)
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`PROTECTIVE ORDER
`CASE NO. 2:19-cv-06301-AB-KS
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`Case 2:19-cv-06301-AB-KS Document 67-1 Filed 05/26/20 Page 13 of 18 Page ID #:961
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`additional hard copies of the print-outs of Source Code provided by the
`producing party in order to provide them to qualified experts, who may use
`such hard copies solely in connection with their preparation of opinions
`regarding the accused or alleged domestic industry products. All such
`copies shall be destroyed within five (5) days after the entry of an order
`terminating this action. The receiving party shall keep and maintain a log
`of all custodians for all of the hard copies as well as the destruction of all
`such hard copies.
`5. The producing party shall, on request, make a searchable
`electronic copy of the Source Code available on a stand-alone computer
`during depositions of witnesses who would otherwise be permitted access
`to such Source Code. The receiving party shall make such request at the
`time of the notice for deposition.
`(xi) Nothing in this Protective Order shall be construed to limit
`how a producing party may maintain material designated as
`CONFIDENTIAL SOURCE CODE–ATTORNEYS’ EYES ONLY
`INFORMATION.
`(xii) Outside litigation counsel for the receiving party with custody
`of CONFIDENTIAL SOURCE CODE–ATTORNEYS’ EYES ONLY
`INFORMATION shall maintain a source code log containing the following
`information: (1) the identity of each person granted access to the
`CONFIDENTIAL SOURCE CODE–ATTORNEYS’ EYES ONLY
`INFORMATION; and (2) the first date on which such access was granted.
`Outside litigation counsel for the receiving party will produce, upon
`request, each such source code log to the producing party within twenty
`(20) days of entry of an order terminating this action.
`(xiii) In addition to the procedures detailed in this Paragraph, access
`to the Source Code may be provided through a “remote-access” computer
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`PROTECTIVE ORDER
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`Case 2:19-cv-06301-AB-KS Document 67-1 Filed 05/26/20 Page 14 of 18 Page ID #:962
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`that provides remote access to the “stand-alone” computer(s). The
`producing party shall provide one remote-access computer to the receiving
`party. The remote-access computer may be password protected and shall
`be used by the receiving party for no purpose other than performing the
`review of Source Code. The receiving party shall not attempt to disable,
`defeat, or sidestep any security measures on the remote-access computer
`or the stand-alone computer. Nor shall the receiving party transfer any data
`from the stand-alone computer or otherwise access the stand-alone
`computer through means other than those provided by the supplying party
`on the remote-access computer. The remote-access computer shall be
`accessed only in a location where it cannot be viewed by any person who
`is not a SOURCE CODE QUALIFIED PERSON. The remote-access
`computer shall not be used to create screenshots of the source code, to print
`any files directly (as opposed to the printing procedure in Paragraph
`12(D)(ix), which remains available to the receiving party), to download
`any files from the stand-alone computer, or to take notes (notes are
`permitted to be taken on a separate non-networked computer pursuant to
`Paragraph 12(D)(vii)). Additionally, the receiving party is not permitted to
`take photographs or video of, or to otherwise record, the information on
`the screen of the remote- access computer. Whenever a review is to occur,
`the producing party must be notified, and the receiving party must provide
`video access (i.e. via FaceTime, WebEx, Zoom, etc.) to be able to exercise
`personal supervision of the receiving party. The video access shall be akin
`to monitoring a review of a stand-alone computer through a window to a
`conference room. Such video access, however, shall not entail review of
`any work product generated by the receiving party, e.g., monitoring the
`screen of the remote-access computer, monitoring any surface reflecting
`any notes or work product of the receiving party, or monitoring the key
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`Case 2:19-cv-06301-AB-KS Document 67-1 Filed 05/26/20 Page 15 of 18 Page ID #:963
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`strokes of the receiving party. During any remote access session as
`described above, the supplying party may also make an automated
`recording of the receiving party’s code review activity (i.e., a screen
`recording or automated list of the actions taken by the reviewer on the
`“stand-alone” computer) by using a recording feature on the stand-alone
`computer. However, the producing party shall not review any such
`automated recording of the code review activity unless a dispute arises
`about whether the receiving party has complied with the remote-access
`review protocol described above, in which case the producing party may
`review the recording solely to determine whether the protocol has been
`violated.
`13. The following sets out terms for access by Designated In-House Counsel.
`(a)
`The term “Designated In-House Counsel” means an in-house attorney who
`has met the conditions specified in this Protective Order for access to certain
`information designated under this Protective Order. Plaintiff may designate no more
`than three (3) in-house counsel in total under this paragraph. Defendants collectively
`may designate no more than three (3) in-house counsel in total under this paragraph.
`(b) Each person designated as a Designated In-House Counsel must read the
`Protective Order including all Addenda thereto, and must agree, by letter filed with the
`Court: (i) to be bound by the terms thereof; (ii) not to reveal information designated
`under the Protective Order to anyone other than another person properly designated
`under the Protective Order; (iii) to utilize such information solely for purposes of this
`litigation; and (iv) to be bound to the acknowledgement at Attachment A of this
`Protective Order, which signed acknowledgement shall be filed with the letter.
`(c)
`In addition, each Designated In-House Counsel of Plaintiff who desires
`access to material designated by Defendants must also agree, by their letter filed with
`this Court: (v) to be bound by the Prosecution Bar in paragraph 14 below.
`(d) An in-house counsel who has been designated as a Designated In-House
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`PROTECTIVE ORDER
`CASE NO. 2:19-cv-06301-AB-KS
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`Case 2:19-cv-06301-AB-KS Document 67-1 Filed 05/26/20 Page 16 of 18 Page ID #:964
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`Counsel, and whose letter of agreement has been filed in accordance with section (b)
`above, may there