Case 1:11-cv-00797-RGA Document 167 Filed 08/06/12 Page 1 of 36 PageID #: 1007
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`IN THE UNITED STATES DISTRICT COURT
`J4~0R THE DISTRICT OF DELAWARE
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`C. A. No. 1 :11-cv-00797-RGA
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`FastVDO LLC,
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`Plaintiff,
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`V.
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`Apple Inc.; Canon U.S.A., Inc.;
`Casio America, Inc.; Cisco Systems, Inc.;
`DXG Technology (U.S.A.) Inc.;
`Eastman Kodak Company;
`Fujifilm North America Corporation;
`Hewlett Packard Company;
`JVC Americas Corporation;
`Lite-On Sales and Distribution, Inc.;
`Nikon Americas, Inc.;
`Nikon, Inc.; Olympus Imaging America Inc.;
`Panasonic Corporation of North America;
`Samsung Electronics America, Inc.;
`Sanyo North America Corporation;
`Sony Corporation of America, Inc.;
`Sony Electronics, Inc.; and
`Toshiba America, Inc.;
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`Defendants.
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`STIPULATED PROTECTIVE ORDER
`REGARDING THE DISCLOSURE AND USE OF DISCOVERY MATERIALS
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`PlaintiffFastVDO, LLC ("Plaintiff") and Defendants Apple Inc., Canon U.S.A.,
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`Inc., Casio America, Inc., DXG Technology (U.S.A.) Inc., Fujifilm North America Corporation,
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`Hewlett Packard Company, JVC Americas Corporation, Lite-On Sales and Distribution, Inc.,
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`Nikon Americas, Inc., Nikon, Inc.; Olympus Imaging America Inc., Panasonic Corporation of
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`N01th America, Samsung Electronics America, Inc., Sanyo North America Corporation, and
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`Toshiba America, Inc. (collectively "Defendants") anticipate that documents, testimony, or
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`information containing or reflecting confidential, proprietary, trade secret, and/or
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`STIPULATED PROTECTIVE ORDER- PAGE I
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`Case 1:11-cv-00797-RGA Document 167 Filed 08/06/12 Page 2 of 36 PageID #: 1008
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`commercially sensitive information are likely to be disclosed or produced during the course
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`of discovery, initial disclosures, and supplemental disclosures in this case and request that
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`the Court enter this Order setting forth the conditions for treating, obtaining, and using such
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`information.
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`Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, the Court finds
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`good cause for the following Agreed Protective Order Regarding the Disclosure and Use of
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`Discovery Materials ("Order" or "Protective Order").
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`1.
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`PURPOSES AND LIMITATIONS
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`(a)
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`Protected Material designated under the terms of this Protective Order
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`shall be used by a Receiving Party solely for this case, and shall not be used directly or indirectly
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`for any other purpose whatsoever.
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`(b)
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`To the extent that any one of Defendants in this litigation provides
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`Protected Material under the terms of this Protective Order to Plaintiff, Plaintiff shall not share
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`that material with the other Defendants in this litigation, absent express written permission from
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`the producing Defendant. This Order does not confer any right to any one Defendant to access
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`the Protected Material of any other Defendant.
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`(c)
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`The Parties acknowledge that this Order does not confer blanket
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`protections on all disclosures during discovery, or in the course of making initial or supplemental
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`disclosures under Rule 26(a). The Parties shall use reasonable care in designating confidential
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`materials under this Order.
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`2.
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`DEF'INJTIONS
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`(a)
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`"Discovery Material" means all items or information, including from any
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`non-party, regardless of the medium or manner generated, stored, or maintained (including,
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`STIPULATED PROTECTJVE ORDER- PAGE 2
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`among other things, testimony, transcripts, or tangible things) that are produced, disclosed, or
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`generated in connection with discovery or Rule 26(a) disclosures in this case.
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`(b)
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`"Outside Counsel" means (i) outside counsel who appear on the pleadings
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`as counsel for a Party and (ii) partners, associates, and staff of such counsel to whom it is
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`reasonably necessary to disclose the information for this litigation.
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`(c)
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`"Patents-in-suit" means Reissued U.S. Patent No. RE 40,081, and any
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`other patent asse11ed in this action, as well as any related patents, patent applications, provisional
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`patent applications, continuations, and/or divisionals.
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`(d)
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`"Party" means any party to this case, including all of its officers,
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`directors, employees, consultants, and their support staffs.
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`(e)
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`"Producing Party" means any Party or non-pat1y that discloses or produces
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`any Discovery Material in this case.
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`(f)
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`"Protected Material" means any Discovery Material that is designated as
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`"CONFIDENTIAL," "CONFIDENTIAL - OUTSIDE ATTORNEYS' EYES ONLY," or
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`"CONFIDENTIAL- OUTSIDE ATTORNEYS' EYES ONLY- SOURCE CODE," as provided
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`for in this Order.
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`(g)
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`"Receiving Party" means at1y Party who receives Discovery Material from
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`a Producing Party.
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`(h)
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`"Source Code" means computer code, scripts, assembly, object code,
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`source code listings and descriptions of source code, object code listings and descriptions of
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`object code, and Hardware Description Language (HDL) or Register Transfer Level (RTL) files
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`that describe the hardware design of any ASIC or other chip. Source code includes, without
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`limitation, human-readable programming language text
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`that defines software, firmware,
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`STIPULATED PROTECTIVE ORDER- PAGE 3
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`electronic hardware descriptions and/or instructions or schematics that define or otherwise
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`describe in detail the algorithms or structure of software. Source code documents at least include
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`(1) printed documents that contain or refer to selected source code components; (2) electronic
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`communications and descriptive documents, such as emails, design documents and programming
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`examples, which contain or refer to selected source code components ("described source code");
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`(3) electronic source code documents that reside in a source code repository from which software
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`and related data files may be compiled, assembled, linked, executed, debugged and/or tested
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`("source code files"); and (4) transcripts, reports, video, audio, or other media that include,
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`quote, cite, describe, or otherwise refer to source code, source code files, and/or the development
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`thereof. Source code files include, but are not limited to documents containing source code in
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`"C", "C++", Java, Java scripting languages, assembler languages, command languages and shell
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`languages. Source code files may further include "header files", "make'' files, project files, link
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`files, and other human-readable text files used in the generation, compilation, translation, and/or
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`building of executable software, including software intended for execution by an interpreter.
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`Documents and
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`things produced during
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`the course of this
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`litigation designated as
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`"CONFIDENTIAL- OUTSIDE ATTORNEYS' EYES ONLY- SOURCE CODE" shall be
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`protected in accordance with this Protective Order, subject to additional protections provided
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`herein below. Nothing in this Protective Order shall obligate the parties to produce any source
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`code nor act as an admission that any particular source code is discoverable.
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`3.
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`COMPUTATION OF TIME
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`The computation of any period of time prescribed or allowed by this Order shall
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`be governed by the provisions for computing time set forth in the Federal Rules of Civil
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`Procedure, Rule 6.
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`STIPULATED PROTECTIVE ORDER- PAGE 4
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`4.
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`SCOPE
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`(a)
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`The protections conferred by this Order cover not only Discovery Material
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`governed by this Order as addressed herein, but also any information copied or extracted
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`therefrom, as well as all copies, excerpts, summaries, or compilations thereof, plus testimony,
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`conversations, or presentations by Parties or their counsel in court or in other settings that might
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`reveal Protected Material.
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`(b)
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`This Order is without prejudice to the right of any Party to seek further or
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`additional protection of any Discovery Material or to modify this Order in any way, including,
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`without limitation, an order that certain matter not be produced at all.
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`5.
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`DURATION
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`Even after the termination of this case, the confidentiality obligations imposed by
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`this Order shall remain in effect until a Producing Party agrees otherwise in writing or a court
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`order otherwise directs.
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`6.
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`ACCESS TO AND USE OF PROTECTED MATERIAL
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`(a)
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`Basic Principles. All Protected Material shall be used solely for this case
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`or any related appellate proceeding, and not for any other purpose whatsoever, including without
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`limitation any other litigation, patent prosecution, patent acquisition, patent reexamination or
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`reissue proceedings, or any business or competitive purpose or function. Protected Material shall
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`not be distributed, disclosed or made available to anyone except as expressly provided in this
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`Order.
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`(b)
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`Patent Prosecution Bar. Absent the written consent of the Producing
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`Party, any individual who has accessed (as opposed to merely being able to access) one or more
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`items designated "CONFIDENTIAL -· OUTSIDE ATTORNEYS' EYES ONLY" or
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`STIPULATED PROTECTJVE ORDER- PAGE 5
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`"CONFIDENTIAL- OUTSIDE ATTORNEYS' EYES ONLY- SOURCE CODE" shall not be
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`involved, directly or indirectly, in any of the following activities: advising on, consulting on,
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`preparing, prosecuting, drafting, editing, and/or amending of patent applications, specifications,
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`claims, and/or responses to office actions, or otherwise affecting the scope of claims in patents or
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`patent applications relating to the functionality, operation, design and/or methods related to
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`transform methods related to video encoding/decoding, and/or the implementation of any part of
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`the H.264/MPEG-4 Part I 0/Audio Video Coding ("AVC") video compression standard, before
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`any foreign or domestic agency, including the United States Patent and Trademark Office; and
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`(ii) the acquisition of patents (including patent applications), or the rights to any such patents or
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`patent applications with the right to sublicense for consideration, relating to the functionality,
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`operation, and design of and/or methods related to transform methods related to video
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`encoding/decoding, and/or the implementation of any part of the H.264/MPEG-4 Part 10/Audio
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`Video Coding ("A VC") video compression standard. These prohibitions are not intended to and
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`shall not preclude counsel from participating in reexamination proceedings challenging the
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`validity of any patent. If any such proceedings are instituted in the future, the Parties agree that
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`Counsel who have accessed "CONFIDENTIAL- OUTSIDE ATTORNEYS' EYES ONLY" or
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`"CONFIDENTIAL- OUTSIDE ATTORNEYS' EYES ONLY- SOURCE CODE" materials of
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`Defendants will not participate in such proceedings. These prohibitions shall begin when the
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`affected individual first accesses "CONFIDENTIAL - OUTSIDE ATTORNEYS' EYES
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`ONLY" or "CONFIDENTIAL- OUTSIDE ATTORNEYS' EYES ONLY- SOURCE CODE"
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`materials, and shall end two (2) years after the final resolution of this action, including aJI
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`appeals.
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`STIPULATED PROTECTJVE ORDER- PAGE 6
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`(c)
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`Secure Storage. Protected Material must be stored and maintained by a
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`Receiving Party at a location and in a secure manner that ensures that access is limited to the
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`persons authorized under this Order.
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`Order shall be construed to prevent counsel from advising their clients with respect to this case
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`based in whole or in prut upon Protected Materials, provided counsel docs not disclose the
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`Protected Material itself except as provided in this Order.
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`(e)
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`Limitations. Nothing in this Order shall restrict in any way a Producing
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`Party's use or disclosure of its own Protected Material. Nothing in this Order shall restrict in any
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`way the use or disclosure of Discovery Material by a Receiving Party: (i) that is or has become
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`publicly known through no fault of the Receiving Pa1ty; (ii) that is lawfully acquired by or
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`known to the Receiving Party independent of the Producing Party; (iii) previously produced,
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`disclosed and/or provided by the Producing Pmty to the Receiving Party or a non-party without
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`an obligation of confidentiality and not by inadvettence or mistake; (iv) with the consent of the
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`Producing Party; or (v) pursuant to order of the Court.
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`(f)
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`Cross-Production of Defendant Confidential Material. No Defendant is
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`required to produce its Protected Material to any other Defendant or Defendants, but nothing in
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`this Order shall preclude such production, in which case, Protected Material received by a
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`Defendant from another Defendant shall be maintained pursuant to this Order. Notwithstanding
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`the provisions of this Protective Order, Plaintiff shall not disclose one Defendant's Protected
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`Material to any other Defendant or Defendants through Court filings, oral argument in Court,
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`expert reports, deposition, discovery requests, discovery responses, or any other means, without
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`the express prior consent of the Defendant that produced the Protected Material.
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`STIPULATED PROTECTIVE ORDER- PAGE 7
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`7.
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`DESIGNATING PROTECTED MATERIAL
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`(a)
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`1.:\_y_illlable_.Designations. Any Producing Party may designate Discovery
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`Material with any of the following designations, provided that it meets the requirements for such
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`designations as provided for herein:
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`"CONFIDENTIAL," "CONFIDENTIAL - OUTSIDE
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`ATTORNEYS' EYES ONLY," or "CONFIDENTIAL - OUTSIDE ATTORNEYS' EYES
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`ONLY- SOURCE CODE."
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`(b) Written Discovery and Documents and Tangible Things. Written
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`discovery, documents (which include "electronically stored infom1ation," as that phrase is used
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`in Federal Rule of Procedure 34), and tangible things that meet the requirements for the
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`confidentiality designations listed in Paragraph 7(a) may be so designated by placing the
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`appropriate designation on every page of the written material prior to production, except as
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`provided for in Paragraph 7(d). For digital files being produced, the Producing Party may mark
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`the medium, container, and/or communication in which the digital files were contained. In the
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`event that original documents are produced for inspection, the original documents shall be
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`presumed "CONFIDENTIAL- OUTSIDE ATTORNEYS' EYES ONLY" during the inspection
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`and re-designated, as appropriate during the copying process.
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`(c)
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`DcposiLim!.~ .... i:t.n9 .. I~~!U.m:l.!1Y· Parties or testifying persons or entities may
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`designate depositions and other testimony with the appropriate designation by indicating on the
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`record at the time the testimony is given or by sending written notice of how portions of the
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`trat1Sc1ipt of the testimony is designated within fourteen (14) days of receipt of the transcript of
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`the testimony.
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`If no indication on the record is made, all information disclosed during a
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`deposition shall be deemed "CONFIDENTIAL····· OUTSIDE ATTORNEYS' EYES ONLY" until
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`the time within which it may be appropriately designated as provided for herein has passed. Any
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`STIPULATED PROTECTIVE ORDER- PAGE 8
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`Protected Material that is used in the taking of a deposition shall remain subject to the provisions
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`of this Protective Order, along with the transcript pages of the deposition testimony dealing with
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`such Protected Material. In such cases the court reporter shall be informed of this Protective
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`Order and shall be required to operate in a maimer consistent with this Protective Order. In the
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`event the deposition is videotaped, the original and all copies of the videotape shall be marked by
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`the video technician to indicate that the contents of the videotape are subject to this Protective
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`Order, substantially along the lines of "This videotape contains confidential testimony used in
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`this case and is not to be viewed or the contents thereof to be displayed or revealed, except
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`pursuant to the terms of the operative Protective Order in this matter or pursuant to written
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`stipulation of the parties." Counsel for any Producing Party shall have the right to exclude
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`from oral depositions, other than the deponent, deponent's counsel, the reporter and
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`videographer (if any), any person who is not authorized by this Protective Order to receive or
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`access Protected Material based on the designation of such Protected Material. Such right of
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`exclusion shall be applicable only during periods of examination or testimony regarding such
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`Protected Material.
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`(d)
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`Documents Produced if!J"I\Jativ~.J'onn
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`(i)
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`No one shall seek to use in this litigation a .tifT, .pdf or other image
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`format version of a document produced in native file format without first (1) providing a copy of
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`the image format version to the Producing Party so that the Producing Party can review the
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`image to ensure that no information has been altered, and (2) obtaining the consent of the
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`Producing Party, which consent shall not be unreasonably withheld.
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`(ii) Where electronic files and documents are produced in native
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`electronic format, such electronic files and documents shall be designated for protection under
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`STIPULATED PROTECTIVE ORDER- PAGE 9
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`this Order by appending to the file names or designators information indicating whether the file
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`contains "CONFIDENTIAL," "CONFIDENTIAL - OUTSIDE ATTORNEYS EYES ONLY,"
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`or "CONFIDENTIAL - OUTSIDE ATTORNEYS EYES ONLY - SOURCE CODE" material,
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`or shall use any other reasonable method for so designating Protected Materials produced in
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`electronic format.
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`(iii) When electronic files or documents are printed for use at
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`deposition, in a court proceeding, or for provision in printed form to an expert or consultant pre-
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`approved pursuant to paragraph 12, the party printing the electronic files or documents shall affix
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`a legend to the printed document corresponding to the designation of the Producing Party and
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`including the production number and designation associated with the native file.
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`8.
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`DISCOVERY MATERIAL DESIGNATED AS "CONFIDENTIAL"
`
`(a)
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`A
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`Producing
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`Party may
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`designate Discovery Material
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`as
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`"CONFIDENTIAL" if it contains or reflects confidential, proprietary, and/or commercially
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`sensitive information.
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`(b)
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`Unless otherwise ordered by the Court, Discovery Material designated as
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`"CONFIDENTIAL" may be disclosed only to the following:
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`(i)
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`The Receiving Party's Outside Counsel, such counsel's immediate
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`paralegals and staff, and any copying or clerical litigation support services working at the
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`direction of such counsel, paralegals, and staff;
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`(ii)
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`Not more than three (3) representatives of the Receiving Party who
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`are officers or employees of the Receiving Party or its affiliates, who may be, but need not be,
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`in-house counsel for the Receiving Party, as well as their immediate paralegals and staff, to
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`whom disclosure is reasonably necessary for this case, provided that: (a) each such person has
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`STIPULATED PROTECTIVE ORDER- PAGE 10
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`agreed to be bound by the provisions of the Protective Order by signing a copy of Exhibit A;
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`and (b) no unresolved objections to such disclosure exist after proper notice has been given
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`to all Parties as set forth in Paragraph 12 below;
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`(iii) Any outside expert or consultant retained by the Receiving Party to
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`assist in this action, provided that disclosure is only to the extent necessary to perform such
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`work; and provided that: (a) such expert or consultant has agreed to be bound by the provisions
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`of the Protective Order by signing a copy of Exhibit A; (b) such expert or consultant is not a
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`current officer, director, or employee of a Party or of a competitor of a Party, nor anticipated at
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`the time of retention to become an officer, director or employee of a Party or of a competitor of a
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`Party; and (c) no unresolved objections to such disclosure exist after proper notice has been
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`given to all Parties as set forth in Paragraph 12 below. Without the express prior written consent
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`of the Defendant that produced the Protected Material, no expert or consultant retained by a
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`Defendant in this matter shall have access to "CONFIDENTIAL" Discovery Material produced
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`by another Defendant in this matter;
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`(iv) Court reporters, stenographers and videographers retained to
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`record testimony taken in this action;
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`(v)
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`The Court, jury, and court personnel;
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`(vi) Graphics, translation, design, and/or trial consulting personnel,
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`having first agreed to be bound by the provisions of the Protective Order by signing a copy
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`of Exhibit A;
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`(vii) Mock jurors who have signed an undertaking or agreement
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`agreeing not to publicly disclose Protected Material and to keep any information concerning
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`Protected Material confidential;
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`STIPULATED PROTECTIVE ORDER- PAGE 11
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`(viii) Any mediator who is assigned to hear this matter, and his or her
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`staff, subject to their agreement to maintain confidentiality to the same degree as required by this
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`Protective Order;
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`(ix) Any person who appears as the author or as an addressee on the
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`face of the document or who has been identified by the Producing Party as having been provided
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`with the document or the information by the Producing Party; and
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`(x)
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`Any other person with the prior written consent of the Producing
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`Party.
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`9.
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`DISCOVERY MATERIAL DESIGNATED AS "CONFIDENTIAL
`OUTSIDE ATTORNEYS' EYES ONLY"
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`-
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`(a)
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`A
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`Producing
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`Party may
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`designate Discovery Material
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`as
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`"CONFIDENTIAL -- OUTSIDE ATTORNEYS' EYES ONLY" if it contains or reflects
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`information that is extremely confidential and/or sensitive in nature and the Producing Party
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`reasonably believes that the disclosure of such Discovery Material may cause economic harm or
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`competitive disadvantage to the Producing Party. The Parties agree that the following
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`information, if non-public, shall be presumed to merit the "CONFIDENTIAL - OUTSIDE
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`ATTORNEYS' EYES ONLY" designation:
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`trade secrets, pricing information, financial data,
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`sales information, sales or marketing forecasts or plans, business plans, sales or marketing
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`strategy, product development information, licensing agreements, engineering documents, testing
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`documents, employee information, and other non-public information of similar competitive and
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`business sensitivity.
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`(b)
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`Unless otherwise ordered by the Court, Discovery Material designated as
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`"CONFIDENTIAL- OUTSIDE ATTORNEYS' EYES ONLY" may be disclosed only to:
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`STIPULATED PROTECTIVE ORDER- PACE 12
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`(i)
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`The Receiving Party's Outside Counsel, provided that such
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`Outside Counsel is not involved in competitive decision-making, as defined by US. Steel v.
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`United States, 730 F.2d 1465, 1468 n.3 (Fed. Cir. 1984), on behalf of a Party or a competitor of a
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`Party, and such Outside Counsel's immediate paralegals and staff, and any copying or clerical
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`litigation support services working at the direction of such counsel, paralegals, and staff;
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`(ii)
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`Any outside expert or consultant retained by the Receiving Party to
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`assist in this action, provided that disclosure is only to the extent necessary to perform such
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`work; and provided that: (a) such expert or consultant has agreed to be bound by the provisions
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`of the Protective Order by signing a copy of Exhibit A; (b) such expert or consultant is not a
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`current officer, director, or employee of a Party or of a competitor of a Party, nor anticipated at
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`the time of retention to become an officer, director, or employee of a Party or of a competitor of
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`a Party; (c) such expert or consultant is not involved in competitive decision-making, as defined
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`by US. Steel v. United States, 730 F.2d 1465, 1468 n.3 (Fed. Cir. 1984), on behalf of a Party or a
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`competitor of a Party; and (d) no unresolved objections to such disclosure exist after proper
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`notice has been given to all Parties as set forth in Paragraph 12 below. Without the express prior
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`written consent of the Defendant that produced the Protected Material, no expert or consultant
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`retained by a Defendant in this matter shall have access to "CONFIDENTIAL - OUTSIDE
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`ATTORNEYS" EYES ONLY" Discovery Material produced by another Defendant in this
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`matter;
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`(iii) Court reporters, stenographers and videographers retained to
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`record testimony taken in this action;
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`(iv)
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`The Court, jury, and court personnel;
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`STIPULATED PROTECTIVE ORDER- PAGE 13
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`(v)
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`Graphics, translation, design, and/or trial consulting personnel,
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`having first agreed to be bound by the provisions of the Protective Order by signing a copy
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`of Exhibit A;
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`(vi) Any mediator who is assigned to hear this matter, and his or her
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`staff, subject to their agreement to maintain confidentiality to the same degree as required by this
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`Protective Order;
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`(vii) Any person who appears as the author or as an addressee on the
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`face of the document or who has been identified by the Producing Party as having been provided
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`with the document or the information by the Producing Party; and
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`(viii) Any other person with the prior written consent of the Producing
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`Party.
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`10.
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`DISCOVERY MATERIAL DESIGNATED AS "CON:FIDENTIAL
`OUTSIDE ATTORNEYS' EYES ONLY- SOURCE CODE"
`
`-
`
`(a)
`
`A Producing Party may designate Source Code as "CONFIDENTIAL -
`
`OUTSIDE ATTORNEYS' EYES ONLY - SOURCE CODE" if it comprises or includes
`
`confidential, proprietary, and/or trade secret Source Code.
`
`(b)
`
`Nothing in this Order shall be construed as a representation or admission
`
`that Source Code is properly discoverable in this action, or to obligate any Party to produce any
`
`Source Code.
`
`(c)
`
`Unless otherwise ordered by the Court, Discovery Material designated as
`
`"CONFIDENTIAL - OUTSIDE ATTORNEYS' EYES ONLY - SOURCE CODE" shall be
`
`subject to the provisions set forth in Paragraph 11 below, and may be disclosed, subject to
`
`Paragraph 11 below, solely to:
`
`STIPULATED PROTECTIVE ORDER- PAGE 14
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`

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`I i.
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`Case 1:11-cv-00797-RGA Document 167 Filed 08/06/12 Page 15 of 36 PageID #: 1021
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`(i)
`
`The Receiving Party's Outside Counsel, provided that such
`
`Outside Counsel is not involved in competitive decision-making, as defined by US. Steel v.
`
`United States, 730 F.2d 1465, 1468 n.3 (Fed. Cir. 1 984), on behalf of a Party or a competitor of a
`
`Party, and such Outside Counsel's immediate paralegals and staff, and any copying or clerical
`
`litigation support services working at the direction of such counsel, paralegals, and staff;
`
`(ii)
`
`Any outside expert or consultant retained by the Receiving Party to
`
`assist in this action, provided that disclosure is only to the extent necessary to perform such
`
`work; and provided that: (a) such expert or consultant has agreed to be bound by the provisions
`
`of the Protective Order by signing a copy of Exhibit A; (b) such expert or consultant is not a
`
`current officer, director, or employee of a Party or of a competitor of a Party, nor anticipated at
`
`the time of retention to become an officer, director or employee of a Party or of a competitor of a
`
`Party; (c) such expert or consultant is not involved in competitive decision-making, as defined by
`
`U.S Steel v. United States, 730 F.2d 1465, 1468 n.3 (Fed. Cir. 1984), on behalf of a Party or a
`
`competitor of a Party; and (d) no unresolved objections to such disclosure exist after proper
`
`notice has been given to all Parties as set forth in Paragraph 12 below. Without the express prior
`
`written consent of the Defendant that produced the Protected Material, no expert or consultant
`
`retained by a Defendant in this matter shall have access to "CONFIDENTIAL - OUTSIDE
`
`ATTORNEYS' EYES ONLY - SOURCE CODE" Discovery Material produced by another
`
`Defendant in this matter;
`
`(iii) Court reporters, stenographers and videographers retained to
`
`record testimony taken in this action;
`
`(iv)
`
`The Court, jury, and court personnel;
`
`STIPULATED PROTECTIVE ORDER- PAGE IS
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`

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`Case 1:11-cv-00797-RGA Document 167 Filed 08/06/12 Page 16 of 36 PageID #: 1022
`
`(v)
`
`Not more than three (3) graphics, translation, design, and/or trial
`
`consulting personnel, provided that:
`
`(a) each such person has agreed to be bound by the
`
`provisions of the Protective Order by signing a copy of Exhibit A; and (b) no unresolved
`
`objections to such disclosure exist after proper notice has been given to all Patties as set
`
`forth in Paragraph J 2 below;
`
`(vi) Any mediator who is assigned to hear this matter, and his or her
`
`staff, subject to their agreement to maintain confidentiality to the same degree as required by this
`
`Protective Order;
`
`(vii) Any person who appears as the author or as an addressee on the
`
`face of the document or who has been identified by the Producing Party as having been provided
`
`with the document or the information by the Producing Party; and
`
`(viii) Any other person with the prior written consent of the Producing
`
`Party.
`
`1 1.
`
`DISCLOSURE AND REVIEW OF SOURCE CODE
`
`(a)
`
`Any Source Code that is produced by Plaintiff shall be made available for
`
`inspection in electronic format at the Los Angeles, CA office of its outside counsel, RUSS,
`
`AUGUST & KABAT, or any other location mutually agreed by the Parties. Any Source Code
`
`that is produced by a Producing Party shall be made available for inspection in electronic format
`
`at the offices of the Producing Party's outside counsel, located within the United States, or any
`
`other location mutually agreed by the Parties. Source Code will be made available for inspection
`
`between the hours of 8 A.M. and 6 P.M. on business days (i.e., weekdays that are not Federal
`
`holidays), although the Parties will be reasonable in accommodating reasonable requests to
`
`conduct inspections at other times.
`
`STIPULATED PROTECTIVE ORDER- PAGE 16
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`Case 1:11-cv-00797-RGA Document 167 Filed 08/06/12 Page 17 of 36 PageID #: 1023
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`(b)
`
`Prior to the first inspection of any requested Source Code, the Receiving
`
`Party shall provide twenty-one (21) days notice of the Source Code that it wishes to inspect. The
`
`Receiving Party shall provide five (5) days notice prior to any additional inspections, although
`
`the Parties will be reasonable in accommodating reasonable requests to conduct inspections with
`
`shorter notice.
`
`(c)
`
`Source Code
`
`that
`
`is designated "CONFIDENTIAL - OUTSIDE
`
`ATTORNEYS' EYES ONLY - SOURCE CODE" shall be produced for inspection and
`
`review subject to the following provisions, unless otherwise agreed by the Producing Party:
`
`(i)
`
`All Source Code shall be made available by the Producing Party to
`
`the Receiving Party's outside counsel and/or experts in a secure room on a secured computer
`
`without Internet access, network access to other computers, or access to external drives or media,
`
`as necessary and appropriate to prevent and protect against any unauthorized copying,
`
`transmission, removal or other transfer of any Source Code outside or away from the computer
`
`on which the Source Code is provided for inspection (the "Source Code Computer" in the
`
`"Source Code Review Room"). The Producing Party shall install software utilities which
`
`provide the ability to (a) view, search, and line-number any source file, (b) search for a given
`
`pattem oftext through a number of files, (c) compare two files and display their differences, and
`
`(d) compute the MDS checksum of a file. The Receiving Party's outside counsel and/or experts
`
`may request that additional commercially available software tools for viewing and searching
`
`Source Code be installed on the secured computer, provided, however, that (a) the Receiving
`
`Party possesses an appropriate license to such software tools; (b) the Producing Party approves
`
`such software tools; and (c) such other software tools arc reasonably necessary fo