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QUINN EMANUEL URQUHART OLIVER & HEDGES, LLP 

 David A. Nelson (Pro Hac Vice)

 davidnelson@quinnemanuel.com 

 Christopher Freeman (Pro Hac Vice)

 chrisfreeman@quinnemanuel.com 

 Michael F. Harte (Pro Hac Vice)

 mikeharte@quinnemanuel.com 

250 S. Wacker Dr., Suite 230 

Chicago, IL 60606 

Telephone: (312) 463-2961 

Facsimile: (312) 463-2962 

QUINN EMANUEL URQUHART OLIVER & HEDGES, LLP 

 Sean S. Pak (Bar No. 219032) 

 seanpak@quinnemanuel.com 

50 California Street, 22nd Floor 

San Francisco, CA 94111 

Telephone: (415) 875 6600 

Facsimile: (415) 875 6700 

ATTORNEYS FOR DEFENDANT 

SYMANTEC CORPORATION 

Additional Attorneys Listed on Signature Page 

IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF CALIFORNIA 

(SAN FRANCISCO DIVISION) 

Case Number: 3:09-CV-01063-MMC

SOUTHWEST TECHNOLOGY ) 

INNOVATIONS, LLC. ) 

)

Plaintiff, ) 

)

 v. ) [PROPOSED] STIPULATED

) PROTECTIVE ORDER

SYMANTEC CORPORATION ) 

 ) 

Defendant. ) 

[PROPOSED] STIPULATED PROTECTIVE ORDER

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 The Court recognizes that at least some of the documents and information 

(“Materials”) being sought through discovery in the above-captioned action are, for 

competitive reasons, normally kept confidential by the parties. The parties have agreed 

to be bound by the terms of this Protective Order (“Order”) in this action. 

 The Materials to be exchanged throughout the course of the litigation between 

the parties may contain trade secret or other confidential research, technical, cost, 

price, marketing or other commercial information, as is contemplated by Federal Rule of 

Civil Procedure 26(c)(7). The purpose of this Order is to protect the confidentiality of 

such Materials as much as practical during the litigation. THEREFORE: 

DEFINITIONS

1. The term “Confidential Information” shall mean and include information 

contained or disclosed in any Materials, including documents, portions of documents, 

answers to interrogatories, responses to requests for admissions, trial testimony, 

deposition testimony, and transcripts of trial testimony and depositions, including data, 

summaries, and compilations derived therefrom that is deemed to be Confidential 

Information by any part to which it belongs. 

 2. The term “Materials” shall include, but shall not be limited to: documents; 

correspondence; memoranda; bulletins; blueprints; specifications; customer lists or 

other material that identify customers or potential customers; price lists or schedules or 

other matters identifying pricing; minutes; telegrams; letters; statements; cancelled 

checks; contracts; invoices; drafts; books of account; worksheets; notes of 

conversations; desk diaries; appointment books; expense accounts; recordings; 

photographs; motion pictures; compilations from which information can be obtained and 

translated into reasonably usable form through detection devices; sketches; drawings; 

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notes (including laboratory notebooks and records); reports; instructions; disclosures; 

other writings; models and prototypes and other physical objects. 

 3. The term “Counsel” shall mean counsel of record, and other attorneys, 

paralegals, secretaries, and other support staff employed in the law firms identified 

below: QUINN EMANUEL URQUHART OLIVER & HEDGES, LLC; NIRO, SCAVONE, 

HALLER & NIRO; and FERGUS, A LAW FIRM.

GENERAL RULES

 4. Each party to this litigation that produces or discloses any Materials, 

answers to interrogatories, responses to requests for admission, trial testimony, 

deposition testimony, and transcripts of trial testimony and depositions, or information 

that the producing party believes should be subject to this Protective Order may 

designate the same as “CONFIDENTIAL” or “CONFIDENTIAL – FOR COUNSEL 

ONLY.” The producing party may further sub-designate computer source code or 

documents that describe encoding or decoding algorithms used in computer source 

code as “RESTRICTED SOURCE CODE” by appending “RESTRICTED SOURCE 

CODE” to any of the four above designations. 

 a. Designation as “CONFIDENTIAL”: Any party may designate 

information as “CONFIDENTIAL” only if, in good faith belief of such party and its 

Counsel, the unrestricted disclosure of such information could be potentially prejudicial 

to the business or operations of such party. 

 b. Designation as “CONFIDENTIAL – FOR COUNSEL ONLY”: Any 

party may designate information as “CONFIDENTIAL – FOR COUNSEL ONLY” only if, 

in the good faith belief of such party and its Counsel, the information is considered to be 

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most sensitive to the party, including but not limited to trade secret, highly confidential 

research, development, financial or commercial information.

 5. In the event the producing party elects to produce Materials for inspection, 

no marking need be made by the producing party in advance of the initial inspection. 

For purposes of the initial inspection, all Materials produced shall be considered as 

“CONFIDENTIAL – FOR COUNSEL ONLY,” and shall be treated as such pursuant to 

the terms of this Order. Thereafter, upon selection of specified Materials for copying by 

the inspecting party, the producing party shall, within a reasonable time prior to 

producing those Materials to the inspecting party, mark the copies of those Materials 

that contain Confidential Information with the appropriate confidentiality marking. 

 6. Wherever a deposition taken on behalf of any party involves a disclosure 

of Confidential Information of any party: 

a. said deposition or portions thereof shall be designated as 

containing Confidential Information subject to the provisions of this 

Order; such designation shall be made on the record wherever 

possible, but a party may designate portions of depositions as 

containing Confidential Information after transcription of the 

proceedings; a party shall have until fifteen (15) days after receipt 

of the deposition transcript to inform the other party or parties to the 

action of the portions of the transcript designated 

“CONFIDENTIAL,” “CONFIDENTIAL – FOR COUNSEL ONLY,” or 

"RESTRICTED SOURCE CODE”; 

b. the disclosing party shall have the right to exclude from attendance 

at said deposition, during such time as the Confidential Information 

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is to be disclosed, any person other than the deponent, Counsel 

(including their staff and associates), the court reporter, 

videographer, and independent experts/consultants who are 

permitted access to the Confidential Information by this Protective 

Order; and 

c. the originals of said deposition transcripts and all copies thereof 

shall bear the legend “CONFIDENTIAL,” “CONFIDENTIAL – FOR 

COUNSEL ONLY,” or "RESTRICTED SOURCE CODE” as 

appropriate, and the original or any copy ultimately presented to a 

court for filing shall not be filed unless it can be accomplished under 

seal, identified as being subject to this Order, and protected from 

being opened except by order of this Court. 

 7. All Confidential Information designated as “CONFIDENTIAL,” 

“CONFIDENTIAL – FOR COUNSEL ONLY” or "RESTRICTED SOURCE CODE” shall 

not be disclosed by the receiving party to anyone other than those persons designated 

herein and shall be handled in the manner set forth below and, in any event, shall not 

be used for any purpose other than in connection with this litigation, unless and until 

such designation is removed either by agreement of the parties, or by order of the 

Court.

 8. Any attorneys, patent agents, or other persons who are allowed access to 

documents, information, and other things designated “CONFIDENTIAL – FOR 

COUNSEL ONLY” or "RESTRICTED SOURCE CODE” (i) shall not actively participate 

in the prosecution of any application pertaining to mail security software products during 

the pendency of this action and for one year after the conclusion of their involvement 

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with this litigation, including appeals; and (ii) shall have no involvement in the 

prosecution of any application related to the patent-in-suit, i.e., continuations, 

continuations in part, divisionals, or foreign counterparts.

 9. Information designated “CONFIDENTIAL – FOR COUNSEL ONLY” shall 

be viewed only by Counsel of record for the receiving party (and regular employees of 

such Counsel), by independent experts under the conditions set forth herein, and by no 

more than two (2) in-house counsel of the receiving party, designated in writing, who 

are actively engaged in connection with the conduct of this litigation. 

 a. The right of any independent expert to receive any Confidential 

 Information shall be subject to the advance approval of such expert

 by the producing party or by permission of the Court. The party

 seeking approval of an independent expert first must provide to the

 producing party (1) the full name of the independent expert and the

 city and state of his or her primary residence, (2) a copy of the

 expert’s current resume or Curriculum Vitae , (3) an executed copy

 of Exhibit A, attached hereto, (4) a written identification of each

 person or entity from whom the expert has received compensation

 for work in his or her areas of expertise or to whom the expert has

 provided professional services at any time during the preceding five 

 years, and (5) the name and action number of the case, filing date,

 and location of any court concerning any litigation in connection

 with which the expert has provided any professional services during 

 the preceding five years. 

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 b. A party that makes a request and provides the information 

 concerning the expert specified in the preceding subparagraph may 

 disclose the designated information to the identified expert 

 unless, within seven (7) court days of delivering the request, the

 party seeking approval of the expert receives a written objection

 from the producing party. Any such objection must set forth in

 detail the grounds on which it is based. 

 c. A party that receives a timely written objection must meet and

 confer with the producing party (in person or telephonically) to try to 

 resolve the matter by agreement. If no agreement is reached, the

 party seeking to make the disclosure to the expert may file a motion 

 as seeking permission from the court to do so. Any such motion 

 must describe the circumstances with specificity, set forth in detail

 the reasons for which the disclosure to the expert is reasonably 

 necessary, assess the risk of harm that the disclosure would entail 

 and suggest any additional means that might be used to reduce

 that risk. In addition, any such motion must be accompanied by a

 competent declaration in which the movant describes the parties’

 efforts to resolve the matter by agreement (i.e., the extent and the

 content of the meet and confer discussions) and sets forth the

 reasons advanced by the producing party for its refusal to approve

 the disclosure. 

 d. In any such proceeding, the party opposing disclosure to the expert 

 shall bear the burden of proving that the risk of harm that the

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 disclosure would entail (under the safeguards proposed) outweighs 

 the party’s need to disclose the designated information to its expert. 

 10. Information designated “CONFIDENTIAL” shall be viewed only by Counsel 

of the receiving party, by independent experts (pursuant to the terms of paragraph 9), 

and by the additional individuals listed below, provided each such individual has read 

this Order in advance of disclosure and has agreed in writing to be bound by its terms: 

a. Executives who are required to participate in policy decisions with 

reference to this action; 

b. Attorneys or members of the legal staff of the parties involved in 

this action, including those defined herein as in-house counsel; 

c. Technical personnel of the parties with whom Counsel for the 

parties find it necessary to consult, in the discretion of such 

Counsel, in preparation for trial of this action;

d. the Court and its personnel; 

e. court reporters, videographers, their staffs, and professional vendors to 

whom disclosure is reasonably necessary for this litigation, and 

any mediator appointed by the Court or agreed to by the parties; 

and

f. Stenographic and clerical employees associated with the 

individuals identified above. 

 11. Computer source code and documents that describe encoding or 

decoding algorithms used in computer source code shall be designated 

“CONFIDENTIAL – FOR COUNSEL ONLY” and may be sub-designated by appending 

“RESTRICTED SOURCE CODE” to the designation. Documents and things so subCase 3:09-cv-01063-MMC Document 100 Filed 02/25/10 Page 8 of 19
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designated will be subject to all of the restrictions of the main designation and will also 

be subject to the following additional restrictions and provisions: 

a. The producing party shall make available Materials sub-designated 

“RESTRICTED SOURCE CODE,” if available in electronic form, on 

a password protected laptop or workstation. The producing party 

shall make its best efforts to provide, as quickly as possible, on the 

laptop or workstation, any software or analytical tool requested by 

the inspecting party’s Counsel and/or experts/consultants. The 

laptop or workstation shall not be connected to a network or to the 

internet. The inspecting party’s Counsel and experts/consultants 

shall not alter, dismantle, disassemble or modify the laptop or 

workstation in any way, and shall not attempt to circumvent any 

security feature of the laptop or workstation. Nothing in this 

paragraph shall be construed to prevent the receiving party’s 

Counsel or experts/consultants from analyzing or copying Materials 

sub-designated “RESTRICTED SOURCE CODE” from one 

memory location to another within the laptop or workstation, 

provided that no electronic copies shall be removed from the 

laptops or workstation. 

b. Each time a person accesses the laptop or workstation, the person 

shall sign a sign-in sheet prior to, and a sign-out sheet subsequent 

to, accessing the laptop or workstation including the name of the 

person accessing, the date and time in and out, and whether any 

hard copies were made. 

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c. At the producing party’s sole discretion, the laptops or workstation 

containing Materials sub-designated “RESTRICTED SOURCE 

CODE” may be made available only at the offices of Counsel for 

the producing party, and under appropriate supervision and 

safeguards, or at an approved software escrow facility with similar 

safeguards. The producing party shall bear the costs for such 

protections.

d. No copies shall be made of source code or other Materials subdesignated pursuant to this paragraph, whether physical, electronic, 

or otherwise, except for: (i) electronic copies created on the 

laptops or workstation, whether temporary copies created in the 

normal operation of a computer system or output files created from 

source code analysis tools and/or utilities; (ii) excerpted written and 

printed portions for use in, and preparation for, court filings and 

proceedings, expert reports, and depositions of persons or entities 

permitted to access the designated material; and (iii) such other 

uses to which the parties may agree or that the Court may order. 

Any printed copies shall be limited only to those portions of the sub 

designated Materials for which a printed copy is needed at the time. 

Any printed copies of material sub-designated “RESTRICTED 

SOURCE CODE” shall be securely maintained by Counsel of 

record and/or the independent expert/consultant, shall be marked 

“RESTRICTED SOURCE CODE” on each page, shall be printed on 

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non-white colored paper and shall be destroyed as soon as they 

are no longer needed.

e. A written log shall be maintained by Counsel of record and the 

independent expert/consultant for all printed copies of Materials 

sub-designated pursuant to this paragraph. The log shall record 

the date, the number of pages printed and the identity of the person 

who created the printed copies. 

f. The independent expert/consultant shall be provided with no more 

than a single copy of any printed Materials sub-designated 

“RESTRICTED SOURCE CODE.” The independent 

expert/consultant shall not be permitted to transmit electronically or 

in any other way, or disseminate copies of any printed Materials 

sub-designated “RESTRICTED SOURCE CODE.” 

 12. With respect to material designated “CONFIDENTIAL,” “CONFIDENTIAL 

– FOR COUNSEL ONLY” or “RESTRICTED SOURCE CODE,” any person indicated on 

the face of the document to be its originator, author or a recipient of a copy thereof, may 

be shown the same. 

 13. All information which has been designated as “CONFIDENTIAL,” 

“CONFIDENTIAL – FOR COUNSEL ONLY,” or “RESTRICTED SOURCE CODE,” by 

the producing or disclosing party, and any and all reproductions thereof, shall be 

retained in the custody of the outside Counsel for the receiving party identified in 

paragraph 3, except that independent experts authorized to view such information under 

the terms of this Order may retain custody of copies such as are necessary for their 

participation in this litigation. 

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 14. Before any Materials produced in discovery, answers to interrogatories, 

responses to requests for admissions, deposition transcripts, or other documents which 

are designated as Confidential Information are filed with the Court for any purpose, the 

party seeking to file such material shall seek permission of the Court to file said material 

under seal. The parties will follow and abide by applicable law with respect to filing 

documents under seal in this Court. 

 15. At any stage of these proceedings, any party may object to a designation 

of the Materials as Confidential information. The party objecting to confidentiality shall 

notify, in writing, Counsel for the designating party of the objected-to Materials and the 

grounds for the objection. If the dispute is not resolved consensually between the 

parties within seven (7) business days of receipt of such a notice of objections, the 

objecting party may move the Court for a ruling on the objection. The Materials at issue 

shall be treated as Confidential Information, as designated by the designating party, 

until the Court has ruled on the objection or the matter has been otherwise resolved. 

 16. All Confidential Information shall be held in confidence by those inspecting 

or receiving it, and shall be used only for purposes of this action. Counsel for each 

party, and each person receiving Confidential Information shall take reasonable 

precautions to prevent the unauthorized or inadvertent disclosure of such information. If 

Confidential Information is disclosed to any person other than a person authorized by 

this Order, the party responsible for the unauthorized disclosure must immediately bring 

all pertinent facts relating to the unauthorized disclosure to the attention of the other 

parties and, without prejudice to any rights and remedies of the other parties, make 

every effort to prevent further disclosure by the party and by the person(s) receiving the 

unauthorized disclosure. 

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 17. No party shall be responsible to another party for disclosure of 

Confidential Information under this Order if the information in question is not labeled or 

otherwise identified as such in accordance with this Order. 

 18. If a party, through inadvertence, produces any Confidential Information or 

otherwise protected privileged information without labeling or marking or otherwise 

designating it as such in accordance with this Order, the designating party may give 

written notice to the receiving party that the document or thing produced is deemed 

Confidential Information, and that the document or thing produced should be treated as 

such in accordance with that designation under this Order. The receiving party must 

treat the Materials as confidential, once the designating party so notifies the receiving 

party. If the receiving party has disclosed the Materials before receiving the 

designation, the receiving party must notify the designating party in writing of each such 

disclosure. Counsel for the parties shall agree on a mutually acceptable manner of 

labeling or marking the inadvertently produced Materials. 

 19. Production Not a Waiver: In accordance with FEDERAL RULE OF CIVIL

PROCEDURE 26(b), if through a party produces any document(s), tangible thing(s), or 

information that it believes is immune from discovery pursuant to attorney-client 

privilege, attorney work product immunity, or any other privilege or immunity, such 

production shall not be deemed a waiver, and the producing party may give written 

notice to the receiving party that the document(s), tangible thing(s), or information so 

produced is deemed privilege and that the return of the documents(s), tangible thing(s), 

or information is requested. Upon receipt of such written notice, the receiving party 

shall immediately undertake to gather the original and all copies of the document(s), 

tangible thing(s), or information and shall immediately return the original and all such 

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copies to the producing party. Return of such document(s), tangible thing(s), or 

information to the producing party shall not preclude the receiving party from later 

moving to compel production of the returned document(s), tangible thing(s), or 

information. 

20. Nothing herein shall prejudice the right of any party to object to the 

production of any discovery material on the grounds that the material is protected as 

privileged or as attorney work product. 

 21. Nothing in this Order shall bar Counsel from rendering advice to their 

clients with respect to this litigation and, in the course thereof, relying upon any 

information designated as Confidential Information, provided that the contents of the 

information shall not be disclosed. 

 22. This Order shall be without prejudice to the right of any party to oppose 

production of any information for lack of relevance or any other ground other than the 

mere presence of Confidential Information. The existence of this Order shall not be 

used by either party as a basis for discovery that is otherwise not proper under the 

Federal Rules of Civil Procedure. 

 23. Nothing herein is intended to prohibit or restrict in any way a party’s (or its 

attorneys’) use or distribution of its own information. 

 24. Nothing herein shall be construed to prevent disclosure of Confidential 

Information if such disclosure is required by law or by order of the Court. 

 25. Upon final termination of this action, including any and all appeals, 

Counsel for each party shall, upon request of the producing party, return all Confidential 

Information to the party that produced the information, including any copies, excerpts, 

and summaries thereof, or shall destroy same at the option of the receiving party, and 

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shall purge all such information from all machine-readable media on which it resides. 

Notwithstanding the foregoing, Counsel for each party may retain all pleadings, briefs, 

memoranda, motions, and other documents filed with the Court that refer to or 

incorporate Confidential Information, and will continue to be bound by this Order with 

respect to all such retained information. Further attorney work product Materials that 

contain Confidential Information need not be destroyed, but, if they are not destroyed, 

the person in possession of the attorney work product will continue to be bound by this 

Order with respect to all such retained information. 

 26. The restrictions and obligations set forth herein shall not apply to any 

information that (a) the parties agree should not be designated Confidential Information; 

(b) the parties agree, or the Court rules, is already public knowledge; (c) the parties 

agree, or the Court rules, has become public knowledge other than as a result of 

disclosure by the receiving party, its employees, or its agents in violation of this Order; 

or (d) has come or shall come into the receiving party’s legitimate knowledge 

independently of the production by the designating party. Prior knowledge must be 

established by preproduction documentation.

 27. The restrictions and obligations herein shall not be deemed to prohibit 

discussions of any Confidential Information with anyone if that person already has or 

obtains legitimate possession thereof. 

 28. Transmission by email is acceptable for all notification purposes herein. 

 29. This Order may be modified by agreement of the parties, subject to 

approval by the Court. 

 30. The Court may modify the terms and conditions of this Order for good 

cause, or in the interest of justice, or on its own order at any time in these proceedings. 

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The parties prefer that the Court provide them with notice of the Court’s intent to modify 

the Order and the content to those modifications, prior to entry of such an order. 

 31. In the event any documents, things and/or deposition testimony are 

sought and obtained from a third party, such third party shall have the right to designate 

any such documents, things and/or deposition testimony as “CONFIDENTIAL,” 

“CONFIDENTIAL – FOR COUNSEL ONLY,” or “RESTRICTED SOURCE CODE.” 

Information in accordance with this Order, and the use of such Confidential Information 

by any receiving party shall be governed in all respects by the terms of this Order. 

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Dated: February 17, 2010 Respectfully submitted, 

/s/ Christopher Freeman 

David Nelson 

(davenelson@quinnemanuel.com)

Christopher Freeman 

(chrisfreeman@quinnemanuel.com) 

Michael Harte 

(mikeharte@quinnemanel.com)

Quinn Emanuel Urquhart Oliver & Hedges 

250 S. Wacker Dr. Suite 230 

Chicago, IL 60606 

Tel: (312) 463-2961 

Fax: (312) 463-2962 

Sean S. Pak (Bar No. 219032) 

(seanpak@quinnemanuel.com) 

Quinn Emanuel Urquhart Oliver & Hedges 

50 California Street, 22nd Floor 

San Francisco, CA 94111 

Telephone: (415) 875 6600 

Facsimile: (415) 875 6700 

ATTORNEYS FOR SYMANTEC 

CORPORATION

/s/ Tahiti Arsulowicz______ 

Raymond P. Niro (rniro@nshn.com) 

Kara Szpondowski 

(szpondowski@nshn.com) 

Tahiti Arsulowicz (arsulowicz@nshn.com) 

Niro, Scavone, Haller & Niro 

181 West Madison, Suite 4600 

Chicago, Illinois 60602-4515 

(312) 236-0733 

Fax: (312) 236-3137 

Gary S. Fergus 

Fergus, a law office 

595 Market Street 

Suite 2430 

San Francisco, California 94105 

(415) 537-9032 

(415) 537-9038 (fax) 

gfergus@ferguslegal.com

ATTORNEYS FOR SOUTHWEST 

TECHNOLOGY INNOVATIONS, LLC

PURSUANT TO STIPULATION, IT IS SO ORDERED this ______ day of 

______________, 2010 

 ___________________________________________________

Maxine M. Chesney 

Judge, United States District Court 

25th

February

Case 3:09-cv-01063-MMC Document 100 Filed 02/25/10 Page 17 of 19
STIPULATED PROTECTIVE ORDER 

3:09-CV-1063 - MMC 

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EXHIBIT A 

 I, ___________________________, declare and say that: 

 1. I am employed as 

_____________________________________________________, by 

___________________________________________________________________.

2. I have read the Protective Order entered in Southwest 

Technology Innovations, LLC v. Symantec Corporation, Case Number: 3:09-CV-01063-

MMC and have received a copy of the Protective Order 

 3. I promise that I will use any and all “Confidential,” “Confidential – 

For Counsel Only” or "Restricted Source Code” information, as defined in the Protective 

Order, given to me only in a manner authorized by the Protective Order, and only to 

assist Counsel in the litigation of this matter. 

 4. I promise that I will not disclose or discuss such “Confidential,” “Confidential – 

For Counsel Only” and "Restricted Source Code” information with anyone other than the 

persons allowed access to that level of designated information in accordance with the 

Protective Order. 

 5. I acknowledge that, by signing this agreement, I am subjecting myself to 

the jurisdiction of the United States District Court for the Northern District of California 

with respect to enforcement of the Protective Order. 

 6. I understand that any disclosure or use of “Confidential,” “Confidential – 

For Counsel Only” or "Restricted Source Code” information in any manner contrary to 

Case 3:09-cv-01063-MMC Document 100 Filed 02/25/10 Page 18 of 19
STIPULATED PROTECTIVE ORDER 

3:09-CV-1063 - MMC 

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the provisions of the Protective Order may subject me to sanctions for contempt of 

court.

 I declare under penalty of perjury that the foregoing is true and correct. 

 Date: ____________________________________

 _______________________________________

Case 3:09-cv-01063-MMC Document 100 Filed 02/25/10 Page 19 of 19