Case 2:19-cv-06301-AB-KS Document 70 Filed 06/08/20 Page 1 of 20 Page ID #:1018
`
`
`UNITED STATES DISTRICT COURT
`CENTRAL DISTRICT OF CALIFORNIA
`WESTERN DIVISION
`
` Case No. 2:19-cv-06301-AB-KS
`[PROPOSED]
`PROTECTIVE ORDER
`
`
`
`
`
`Philips North America LLC,
`
`
`
`
`Plaintiff,
`
`
`v.
`
`Garmin International, Inc.
`and Garmin Ltd.,
`
`
`
`
`Defendants.
`
`
`
`
`
`
`PROTECTIVE ORDER
`CASE NO. 2:19-cv-06301-AB-KS
`
`
`
`
`
`
`
`
`
`
`1 2 3 4 5 6 7 8 9
`
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`

`

`Case 2:19-cv-06301-AB-KS Document 70 Filed 06/08/20 Page 2 of 20 Page ID #:1019
`
`
`Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure and based on
`the parties’ Joint Stipulation For Entry Of Protective Order And Electronic
`Discovery Order (“Stipulation”) filed on June 4, 2020, the terms of the protective
`orders to which the parties have agreed are adopted as set forth in below in the
`Protective Order and in the concurrently filed Order on Electronic Discovery. The
`terms of the Protective Order, which are set forth below, have been modified by the
`Court’s amendment of paragraphs 2, 6, 8, 9, and 12.D.iii of the Stipulation.
`
`
`AGREED TERMS OF THE PROTECTIVE ORDER AS ADOPTED AND
`MODIFIED BY THE COURT1
`
`
`
`PURPOSES AND LIMITATIONS
`Discovery in this action is likely to involve production of confidential, proprietary,
`or private information for which special protection from public disclosure and from use for
`any purpose other than prosecuting this litigation may be warranted. This Order does not
`confer blanket protections on all disclosures or responses to discovery and that the
`protection it affords from public disclosure and use extends only to the limited information
`or items that are entitled to confidential treatment under the applicable legal principles.
`This Stipulated Protective Order does not entitle the parties to file confidential information
`under seal; Civil Local Rule 79-5 sets forth the procedures that must be followed and the
`standards that will be applied when a party seeks permission from the court to file material
`under seal.
`
`GOOD CAUSE STATEMENT
`This action is likely to involve trade secrets, and other valuable research,
`development, commercial, financial, technical and/or proprietary information for which
`
`
`1
`The Court’s additions to the agreed terms of the Protective Order are generally indicated in bold
`typeface, and the Court’s deletions are indicated by lines through the text being deleted.
`
`1
`PROTECTIVE ORDER
`CASE NO. 2:19-cv-06301-AB-KS
`
`
`
`1 2 3 4 5 6 7 8 9
`
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`
`

`

`Case 2:19-cv-06301-AB-KS Document 70 Filed 06/08/20 Page 3 of 20 Page ID #:1020
`
`
`special protection from public disclosure and from use for any purpose other than
`prosecution of this action is warranted. Such confidential and proprietary materials and
`information consist of, among other things, confidential business or financial information,
`information regarding confidential business practices, or other confidential research,
`development, or commercial information (including information implicating privacy rights
`of third parties), proprietary software source code, and confidential and trade secret
`technological information otherwise generally unavailable to the public, or which may be
`privileged or otherwise protected from disclosure under state or federal statutes, court rules,
`case decisions, or common law. Accordingly, to expedite the flow of information, to
`facilitate the prompt resolution of disputes over confidentiality of discovery materials, to
`adequately protect information the parties are entitled to keep confidential, to ensure that
`the parties are permitted reasonable necessary uses of such material in preparation for and
`in the conduct of trial, to address their handling at the end of the litigation, and serve the
`ends of justice, a protective order for such information is justified in this matter.
`Information shall not be designated as confidential for tactical reasons and that nothing be
`so designated without a good faith belief that it has been maintained in a confidential, non-
`public manner, and there is good cause why it should not be part of the public record of
`this case.
`
`Further to the foregoing, it is hereby ORDERED as follows:
`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.
`
`1 2 3 4 5 6 7 8 9
`
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`
`
`
`
`2
`
`
`PROTECTIVE ORDER
`CASE NO. 2:19-cv-06301-AB-KS
`
`

`

`Case 2:19-cv-06301-AB-KS Document 70 Filed 06/08/20 Page 4 of 20 Page ID #:1021
`
`
`2. Any information that is produced or generated in disclosures or responses to
`discovery in this matter and 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
`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
`
`1 2 3 4 5 6 7 8 9
`
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`
`
`
`
`3
`
`
`PROTECTIVE ORDER
`CASE NO. 2:19-cv-06301-AB-KS
`
`

`

`Case 2:19-cv-06301-AB-KS Document 70 Filed 06/08/20 Page 5 of 20 Page ID #:1022
`
`
`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 to the Court with an application to file
`under seal in accordance with this Court’s Local Rule 79-5.1 and with competent
`evidence of “good cause” or “compelling reasons” for a Court order allowing such
`papers to be filed under seal pursuant to Federal Rule of Civil Procedure Rule 5.2(d).
`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.
`
`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
`a designation, in full or in part, it shall initiate the dispute resolution process under Local
`Rule 37.1, et seq. and comply with the Court’s pre-motion discovery procedures. The
`party designating the material or information as confidential shall bear the burdens
`and the expenses of seeking protection of its confidential material in court. 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
`
`1 2 3 4 5 6 7 8 9
`
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`
`
`
`
`4
`
`
`PROTECTIVE ORDER
`CASE NO. 2:19-cv-06301-AB-KS
`
`

`

`Case 2:19-cv-06301-AB-KS Document 70 Filed 06/08/20 Page 6 of 20 Page ID #:1023
`
`
`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 initiate the dispute resolution process
`under Local Rule 37.1, et seq., and the parties shall comply with the Court’s pre-
`motion discovery procedures. 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 dispute resolution process and the pendency of the any related
`motion, the expert shall not have access to the disputed information. The party
`designating the material or information as confidential shall bear the burdens and the
`expenses of seeking protection of its confidential material in court. 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.
`
`1 2 3 4 5 6 7 8 9
`
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`
`
`
`
`5
`
`
`PROTECTIVE ORDER
`CASE NO. 2:19-cv-06301-AB-KS
`
`

`

`Case 2:19-cv-06301-AB-KS Document 70 Filed 06/08/20 Page 7 of 20 Page ID #:1024
`
`
`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
`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
`
`1 2 3 4 5 6 7 8 9
`
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`
`
`
`
`6
`
`
`PROTECTIVE ORDER
`CASE NO. 2:19-cv-06301-AB-KS
`
`

`

`Case 2:19-cv-06301-AB-KS Document 70 Filed 06/08/20 Page 8 of 20 Page ID #:1025
`
`
`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
`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
`
`7
`
`
`PROTECTIVE ORDER
`CASE NO. 2:19-cv-06301-AB-KS
`
`1 2 3 4 5 6 7 8 9
`
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`
`
`
`
`

`

`Case 2:19-cv-06301-AB-KS Document 70 Filed 06/08/20 Page 9 of 20 Page ID #:1026
`
`
`witnesses who would otherwise be permitted to see such Source Code
`including the producing party’s employees and experts.
`(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, in conformity with Local Rule 37.1, et seq. and the
`Court’s pre-motion discovery procedures, 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
`
`1 2 3 4 5 6 7 8 9
`
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`
`
`
`
`8
`
`
`PROTECTIVE ORDER
`CASE NO. 2:19-cv-06301-AB-KS
`
`

`

`Case 2:19-cv-06301-AB-KS Document 70 Filed 06/08/20 Page 10 of 20 Page ID #:1027
`
`
`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.
`(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
`
`1 2 3 4 5 6 7 8 9
`
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`
`
`
`
`9
`
`
`PROTECTIVE ORDER
`CASE NO. 2:19-cv-06301-AB-KS
`
`

`

`Case 2:19-cv-06301-AB-KS Document 70 Filed 06/08/20 Page 11 of 20 Page ID #:1028
`
`
`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,
`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.
`
`1 2 3 4 5 6 7 8 9
`
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`
`
`
`
`10
`
`
`PROTECTIVE ORDER
`CASE NO. 2:19-cv-06301-AB-KS
`
`

`

`Case 2:19-cv-06301-AB-KS Document 70 Filed 06/08/20 Page 12 of 20 Page ID #:1029
`
`
`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,
`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.
`
`(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
`
`11
`
`
`PROTECTIVE ORDER
`CASE NO. 2:19-cv-06301-AB-KS
`
`1 2 3 4 5 6 7 8 9
`
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`
`
`
`
`

`

`Case 2:19-cv-06301-AB-KS Document 70 Filed 06/08/20 Page 13 of 20 Page ID #:1030
`
`
`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
`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
`
`12
`
`
`PROTECTIVE ORDER
`CASE NO. 2:19-cv-06301-AB-KS
`
`1 2 3 4 5 6 7 8 9
`
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`
`
`
`
`

`

`Case 2:19-cv-06301-AB-KS Document 70 Filed 06/08/20 Page 14 of 20 Page ID #:1031
`
`
`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
`be transferred into any electronic format or onto any electronic media
`except that:
`
`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,
`
`1 2 3 4 5 6 7 8 9
`
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`
`
`
`
`13
`
`
`PROTECTIVE ORDER
`CASE NO. 2:19-cv-06301-AB-KS
`
`

`

`Case 2:19-cv-06301-AB-KS Document 70 Filed 06/08/20 Page 15 of 20 Page ID #:1032
`
`
`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)
`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
`
`1 2 3 4 5 6 7 8 9
`
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`
`
`
`
`14
`
`
`PROTECTIVE ORDER
`CASE NO. 2:19-cv-06301-AB-KS
`
`

`

`Case 2:19-cv-06301-AB-KS Document 70 Filed 06/08/20 Page 16 of 20 Page ID #:1033
`
`
`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
`that provides remote access to the “stand-alone” computer(s). The
`producing party shall pr