`Case 1:19-cv-11586—IT Document 69-1 Filed 06/02/20 Page 1 of 3
`
`
`
`
`
`
`
`EXHIBIT A
`
`EXHIBIT A
`
`
`
`
`
`
`
`
`
`Case 1:19-cv-11586-IT Document 69-1 Filed 06/02/20 Page 2 of 3
`
`UNITED STATES DISTRICT COURT
`DISTRICT OF MASSACHUSETTS
`
`Plaintiff,
`
`
`
`v.
`
`PHILIPS NORTH AMERICA LLC,
`
`
`
`
`
`FITBIT, INC.
`
`
`
`
`
`Defendant.
`
`C.A. No. 1:19-cv-11586-IT
`
`
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`
`
`
`AGREED PROTECTIVE ORDER ADDENDUM
`
`(xiii) In addition to the procedures detailed in Paragraph 12(D)(iii), access to the
`(D)
`12.
`Source Code may be provided through a “remote-access” computer that provides remote access to
`the “stand-alone” computer(s). The supplier 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 supplier 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 supplier must be notified, and
`the receiving party must provide video access (i.e. via FaceTime, WebEx, Zoom, etc.) to be able
`
` - 2 -
`
`
`
`
`Case 1:19-cv-11586-IT Document 69-1 Filed 06/02/20 Page 3 of 3
`
`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 strokes of the receiving
`party. During any remote access session as described above, the supplier 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 supplier 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.
`
`
`
`
` - 3 -
`
`
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
