1 

UNITED STATES DISTRICT COURT 

FOR THE WESTERN DISTRICT OF TEXAS 

WACO DIVISION

NORDIC INTERACTIVE 

TECHNOLOGIES LLC,

Plaintiff

v. 

SAMSUNG ELECTRONICS CO. LTD. and 

SAMSUNG ELECTRONICS AMERICA,

INC., 

Defendants.

Civil Action No. 6:20-CV-00064 

JURY TRIAL DEMANDED

STIPULATED PROTECTIVE ORDER 

WHEREAS, Plaintiff Nordic Interactive Technologies LLC (“Nordic” or “Plaintiff”), 

Defendants Samsung Electronics Co., Ltd. and Samsung Electronics America, Inc. (collectively 

“Samsung” or “Defendants”), hereafter referred to as “the Parties,” believe that certain information 

that is or will be encompassed by discovery demands by the Parties involves the production or 

disclosure of trade secrets, confidential business information, or other proprietary information; 

WHEREAS, the Parties seek a protective order limiting disclosure thereof in accordance

with Federal Rule of Civil Procedure 26(c): 

THEREFORE, it is hereby stipulated among the Parties and ORDERED that:

1. Each Party may designate as confidential for protection under this Order, in whole or in 

part, any document, information, or material that constitutes or includes, in whole or in 

part, confidential or proprietary information or trade secrets of the Party or a Third Party 

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to whom the Party reasonably believes it owes an obligation of confidentiality with respect 

to such document, information, or material (“Protected Material”). The “Producing Party” 

is the Party producing any information, and the “Receiving Party” is any Party receiving 

information. Protected Material shall be designated by the Party producing it by affixing a 

legend or stamp on such document, information, or material as follows: 

“CONFIDENTIAL,” “RESTRICTED CONFIDENTIAL - ATTORNEYS’ EYES 

ONLY,” or “RESTRICTED CONFIDENTIAL - SOURCE CODE.” The designation shall 

be placed clearly on each page of the Protected Material (except deposition and hearing 

transcripts) for which such protection is sought. For deposition and hearing transcripts, the 

designation shall be placed on the cover page of the transcript (if not already present on the 

cover page of the transcript when received from the court reporter) by each attorney 

receiving a copy of the transcript after that attorney receives notice of the designation of 

some or all of that transcript.

2. Any document produced before issuance of this Order with the designation “Confidential” 

or “Confidential - Attorneys’ Eyes Only” shall receive the same treatment as if designated 

“RESTRICTED CONFIDENTIAL - ATTORNEYS’ EYES ONLY” under this Order, 

unless and until such document is redesignated to have a different classification under this 

Order.

3. With respect to documents, information, or material designated “CONFIDENTIAL,” 

“RESTRICTED CONFIDENTIAL - ATTORNEYS’ EYES ONLY,” or “RESTRICTED 

CONFIDENTIAL - SOURCE CODE” (“DESIGNATED MATERIAL”),1

 subject to the 

 1

 The term “DESIGNATED MATERIAL” is used throughout this Protective Order to refer to 

the class of materials designated as “CONFIDENTIAL,” “RESTRICTED CONFIDENTIAL - 

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provisions herein and unless otherwise stated, this Order governs, without limitation: (a) 

all documents, electronically stored information, discovery responses, and/or things as 

defined by the Federal Rules of Civil Procedure; (b) all pretrial, hearing or deposition

testimony, or documents marked as exhibits or for identification in depositions and 

hearings; (c) pretrial pleadings, exhibits to pleadings and other court filings; (d) affidavits; 

and (e) stipulations. All copies, reproductions, extracts, digests, and complete or partial 

summaries prepared from any DESIGNATED MATERIALS shall also be considered 

DESIGNATED MATERIAL and treated as such under this Order. 

4. A designation of Protected Material (i.e., “CONFIDENTIAL,” “RESTRICTED 

CONFIDENTIAL - ATTORNEYS’ EYES ONLY,” or “RESTRICTED CONFIDENTIAL 

- SOURCE CODE”) may be made at any time. Inadvertent or unintentional production of 

documents, information, or material that has not been designated as DESIGNATED 

MATERIAL shall not be deemed a waiver in whole or in part of a claim for confidential 

treatment. Any Party that inadvertently or unintentionally produces Protected Material 

without designating it as DESIGNATED MATERIAL may request destruction of that 

Protected Material by notifying the recipient(s), as soon as reasonably possible after the 

Producing Party becomes aware of the inadvertent or unintentional disclosure, and 

providing replacement Protected Material that is properly designated. The recipient(s) shall 

then destroy the original together with all copies of the inadvertently or unintentionally 

produced Protected Materials, including any and all documents, information, or material 

containing information or extracts derived from or based on the Protected Materials. 

 

ATTORNEYS’ EYES ONLY,” or “RESTRICTED CONFIDENTIAL - SOURCE CODE,” both 

individually and collectively.

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5. “CONFIDENTIAL” documents, information, and material may be disclosed only to the 

following persons, except upon receipt of the prior written consent of the designating Party, 

upon order of the Court, or as set forth in paragraph 12 herein: 

(a) outside counsel of record in this Action for the Parties;

(b) employees of such counsel assigned to and reasonably necessary to assist such 

counsel in the litigation of this Action;

(c) in-house counsel for the Parties who either have responsibility for making decisions 

dealing directly with the litigation of this Action, or who are assisting outside 

counsel in the litigation of this Action, and employees assigned to and reasonably 

necessary to assist such in-house counsel in the litigation of this Action; 

(d) up to and including three (3) designated representatives of each of the Parties to the 

extent reasonably necessary for the litigation of this Action, except that either Party 

may in good faith request the other Party’s consent to designate one or more 

additional representatives, the other Party shall not unreasonably withhold such 

consent, and the requesting Party may seek leave of Court to designate such 

additional representative(s) if the requesting Party believes the other Party has 

unreasonably withheld such consent; and before access is given, each designated 

representative has completed the Undertaking attached as Appendix A hereto and 

the same is served upon the Producing Party with a detailed description of the daily 

job-related tasks of the designated representative at least ten (10) days before access 

to the Protected Material is to be given to that designated representative, to allow 

the Producing Party to notify the Receiving Party in writing that it objects to 

disclosure of Protected Material to the designated representative. The Parties agree 

to promptly meet and confer in good faith, either in person or telephonically, to 

resolve any such objection. If the Parties are unable to resolve any objection, the 

objecting Party may file a motion with the Court within fifteen (15) days of the 

notice, or within such other time as the Parties may agree, seeking a protective order 

with respect to the proposed disclosure. The objecting Party shall have the burden 

of proving the need for a protective order. No disclosure shall occur until all such 

objections are resolved by agreement or Court order; 

(e) outside consultants or experts (i.e., not existing employees or affiliates of a Party 

or an affiliate of a Party) retained for the purpose of this litigation, provided that: 

(1) such consultants or experts are not presently employed by the Parties hereto for 

purposes other than as a consultant for litigation(s); (2) before access is given, the 

consultant or expert has completed the Undertaking attached as Appendix A hereto 

and the same is served upon the Producing Party with: (i) the individual’s name and 

business title; (ii) business address; (iii) business or profession; (iv) a current 

curriculum vitae; (v) any previous or current relationship (personal or professional) 

with any Party; and (vi) a list of other cases in which the individual has testified (at 

trial or deposition) within the last four (4) years at least ten (10) days before access 

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to the Protected Material is to be given to that consultant or expert, to allow the 

Producing Party to notify the Receiving Party in writing that it objects to disclosure 

of Protected Material to the consultant or expert. The Parties agree to promptly meet 

and confer, either in person or telephonically, in good faith to resolve any such 

objection. If the Parties are unable to resolve any objection, the objecting Party may 

file a motion with the Court within fifteen (15) days of the notice, or within such 

other time as the Parties may agree, seeking a protective order with respect to the 

proposed disclosure. The objecting Party shall have the burden of proving the need 

for a protective order. No disclosure shall occur until all such objections are 

resolved by agreement or Court order; 

(f) independent litigation support services, including persons working for or as court 

reporters, graphics or design services, jury or trial consulting services, and 

photocopy, document imaging, and database services retained by counsel and 

reasonably necessary to assist counsel with the litigation of this Action. All such 

litigation support service providers shall complete the Undertaking attached as 

Appendix A hereto before access to such Protected Materials is provided. For 

avoidance of doubt, an Undertaking executed by a member of the litigation support 

services provider applies to all employees of such litigation support service 

provider; 

(g) the Court and its personnel; 

(h) any witness in a deposition or trial providing sworn testimony where the use of such 

Protected Materials is necessary for the purpose of examining that witness. Parties 

shall give the other parties notice if they reasonably expect a deposition, hearing or 

other proceeding to include Protected Material so that the other parties can ensure 

that only authorized individuals who have signed the Undertaking attached hereto 

as Appendix A are present at those proceedings. Use of Protected Materials with a 

witness shall be subject to the limitations outlined in Paragraph 14 herein; 

(i) any mediator who is assigned to hear this matter, and his or her staff, subject to the 

agreement to maintain confidentiality to the same degree as required by this 

Protective Order; and

(j) an author, signatory, or prior recipient of the document or the original source of the 

CONFIDENTIAL information. Such person shall be given access only to the 

specific document or information therein. 

6. A Party shall designate documents, information, or material as “CONFIDENTIAL” only 

upon a good faith belief that the documents, information, or material contains confidential 

or proprietary information, or trade secrets of the Party or a Third Party to whom the Party 

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reasonably believes it owes an obligation of confidentiality with respect to such documents, 

information, or material.

7. Documents, information, or material produced pursuant to any discovery request in this 

Action, including but not limited to Protected Material designated as DESIGNATED 

MATERIAL, shall be used by the Parties only in the litigation of this Action and shall not 

be used for any other purpose. Any person or entity who obtains access to DESIGNATED 

MATERIAL or the contents thereof pursuant to this Order shall not make any copies, 

duplicates, extracts, summaries or descriptions of such DESIGNATED MATERIAL or any 

portion thereof except as may be reasonably necessary in the litigation of this Action. Any 

such copies, duplicates, extracts, summaries or descriptions shall be classified 

DESIGNATED MATERIALS and subject to all of the terms and conditions of this Order.

8. To the extent a Producing Party believes that certain Protected Material qualifying to be 

designated “CONFIDENTIAL” is so sensitive that its dissemination deserves even further 

limitation, the Producing Party may designate such Protected Material “RESTRICTED 

CONFIDENTIAL - ATTORNEYS’ EYES ONLY,” or to the extent such Protected 

Material includes computer source code and/or live data (that is, data as it exists residing 

in a database or databases) (“Source Code Material”), the Producing Party may designate 

such Protected Material as “RESTRICTED CONFIDENTIAL - SOURCE CODE.” A 

Party’s agreement to the entry of this Protective Order shall not be deemed an admission 

that the Party has relevant Source Code Material or that the Party must produce Source 

Code Material in this lawsuit.

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9. For Protected Material designated “RESTRICTED CONFIDENTIAL - ATTORNEYS’ 

EYES ONLY,” access to, and disclosure of, such Protected Material shall be limited to 

individuals listed in paragraphs 5(a-b) and (e-j).

10. For Protected Material designated “RESTRICTED CONFIDENTIAL - SOURCE CODE,” 

the following additional restrictions apply: 

(a) access to a Party’s Source Code Material shall be provided only on one (1) 

“standalone” secured computer (that is, the computer may not be linked to any 

network, including a local area network (“LAN”), an intranet or the Internet) (the 

“Source Code Computer”). The Source Code Computer may be connected to a 

printer, solely for the limited purposes permitted pursuant to paragraph 10(h) 

below. Additionally, the Source Code Computer may only be located at the offices 

of the Producing Party’s outside counsel. The Producing Party shall also be entitled 

to visually monitor the Receiving Party’s activities in the Source Code Material 

viewing room from outside such room, through a glass wall or window, so long as 

the Producing Party cannot hear the Receiving Party or see the contents of the 

Receiving Party’s notes or the display of the Source Code Computer. The Receiving 

Party shall maintain a log of all persons accessing the Source Code Material on 

behalf of a Receiving Party; the Producing Party shall have the right to confirm the 

identities of persons accessing such Source Code Material by inspecting and 

photocopying government-issued photo identification for inclusion in such log; and 

shall separately have a reasonable right of inspection to ensure that no one 

inspecting Source Code Material is permitted in the secure facility while in 

possession of any electronic device or device capable of receiving, recording, or 

retransmitting any electronic signals. Notwithstanding any of the above, a 

Producing Party may waive any of the requirements provided by this paragraph; 

(b) the Receiving Party’s access to Source Code Material shall be limited to outside 

counsel and up to three (3) outside consultants or experts2 (i.e., not existing 

employees or affiliates of a Party or an affiliate of a Party) retained for the purpose 

of this litigation and approved to access such Protected Materials pursuant to 

paragraph 5(e) above. A Receiving Party wishing to review Source Code Material 

shall specifically identify up to three (3) individuals that are outside counsel, 

experts, or consultants otherwise authorized under this Protective Order to access 

Protected Materials designated “RESTRICTED CONFIDENTIAL - 

ATTORNEYS’ EYES ONLY,” to have access to a Producing Party’s Source Code 

Material, at least ten (10) business days prior to any proposed review thereof. Prior 

 2 For the purposes of this paragraph, an outside consultant or expert is defined to include the 

outside consultant’s or expert’s clerical staff (i.e., those individuals not engaged in the substantive 

review of Source Code Material). But, each person that reports to an outside consultant or expert 

who substantively reviews the Source Code Material will be subject to the disclosure requirements 

of Paragraph 5(e) and will count as a separate consultant/expert. 

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to the first inspection of any requested Source Code Material, the Receiving Party 

shall provide ten (10) business days’ notice of the Source Code Material that it 

wishes to inspect. The Receiving Party shall provide five (5) business days’ notice 

prior to any additional inspection. When requesting inspection of a Party’s Source 

Code Material, the Receiving Party shall identify the up to three (3) persons 

permitted above who will inspect the Producing Party’s Source Code Material on 

behalf of a Receiving Party, including without limitation members of a Receiving 

Party’s outside law firm;

(c) Notwithstanding Section (b) above, either Party may in good faith request the other 

Party’s consent to designate one or more additional outside consultants or experts, 

the other Party shall not unreasonably withhold such consent, and the requesting 

Party may seek leave of Court to designate such additional outside consultant(s) or 

expert(s) if the requesting Party believes the other Party has unreasonably withheld 

such consent; and before access is given, each outside consultants or experts has 

completed the Undertaking attached as Appendix A hereto and the same is served 

upon the Producing Party with (i) the individual’s name and business title; (ii) 

business address; (iii) business or profession; (iv) a current curriculum vitae; (v) 

any previous or current relationship (personal or professional) with any Party; and 

(vi) a list of other cases in which the individual has testified (at trial or deposition) 

within the last four (4) years at least ten (10) days before access to the Protected 

Material is to be given to that outside consultant or expert, to allow the Producing 

Party to notify the Receiving Party in writing that it objects to disclosure of 

Protected Material to the outside consultant(s) or expert(s). The Parties agree to 

promptly meet and confer in good faith, either in person or telephonically, to 

resolve any such objection. If the Parties are unable to resolve any objection, the 

objecting Party may file a motion with the Court within fifteen (15) days of the 

notice, or within such other time as the Parties may agree, seeking a protective order 

with respect to the proposed disclosure. The objecting Party shall have the burden 

of proving the need for a protective order. No disclosure shall occur until all such 

objections are resolved by agreement or Court order; 

(d) Source Code Material shall be made available for inspection between the hours of 

9:00 a.m. and 5:00 p.m., local time, on business days (i.e., weekdays that are not 

Federal holidays). However, upon reasonable notice from the Receiving Party, the 

Producing Party shall make reasonable efforts to accommodate the Receiving 

Party’s request for access to the Source Code Computer outside of normal business 

hours. The Parties agree to cooperate in good faith such that maintaining the 

Producing Party’s Source Code Material at the offices of its outside counsel shall 

not unreasonably hinder the Receiving Party’s ability to efficiently and effectively 

conduct the prosecution or defense of this Action; 

(e) the Producing Party shall provide the Receiving Party with information explaining 

how to start, log on to, and operate the Source Code Computer in order to access 

the produced Source Code Material on the Source Code Computer; 

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(f) the Producing Party will produce Source Code Material in computer searchable 

format on the stand-alone computer(s) as described above. The Source Code 

Computer shall have tools installed sufficient to review and search the Source Code 

Material as requested by the Receiving Party and approved by the Producing Party.

Absent agreement of the Producing Party or order of the Court, the Receiving Party 

shall not at any time use any compilers, interpreters, or simulators in connection 

with the Producing Party’s Source Code Material. In the event the Receiving Party 

requests commercially available software tools for viewing and searching Source 

Code Material to be installed on the Source Code Computer, the Receiving Party 

must identify those tools and provide the Producing Party with licensed copies of 

the software tool(s), at the Receiving Party’s expense, at least fourteen (14) 

calendar days in advance of a scheduled inspection. Within the fourteen (14) day 

period, a Producing Party may object in writing to the installation of any software 

tool, explaining why the tool should not be installed on the Source Code Computer. 

The Producing Party and Receiving Party shall promptly meet and confer in good 

faith to resolve any disputes regarding the configuration of the Source Code 

Computer or the Source Code Review Room; 

(g) during its review, the Receiving Party shall not copy, remove, or otherwise transfer 

any portion of the Source Code Material onto any recordable media or recordable 

device. The Receiving Party is prohibited from bringing outside electronic devices 

inside the Source Code Material viewing room, including but not limited to laptops 

thumb drives, hard drives, tape drives, modems, modem cards, floppy drives, zip 

drives, cameras, voice recorders or any other electronic device. A separate breakout 

room will be provided where the Receiving Party can leave their personal 

electronics (e.g., personal mobile phone) prior to entering the Source Code Material 

viewing room; 

(h) except as provided herein, no person shall copy, e-mail, transmit, upload, 

download, print, photograph, or otherwise duplicate any portion of the designated 

Source Code Material. The Receiving Party shall print only such limited portions 

of the Source Code Materials and shall not request paper copies for the purpose of 

reviewing Source Code Material. In no event may the Receiving Party print more 

than 30 consecutive pages (printed on standard US 8 1/2” x 11” paper with 1” 

margins, double-spaced, 12 point Times New Roman font with default character 

spacing, heretofore “Standard Pages”), or more than 250 Standard Pages total, of 

Source Code Material without prior written approval of the Producing Party. Upon 

the Receiving Party’s printing any portions of Source Code Material, such printed 

pages shall be collected by the Producing Party. The Producing Party shall Bates 

number, copy and label “RESTRICTED CONFIDENTIAL - SOURCE CODE” 

any pages printed by the Receiving Party, and return them to the Receiving Party 

within seven (7) business days of printing unless objected to. If the Producing Party 

objects based on a good-faith belief that the production violates the provisions of 

this Protective Order, the Parties shall make good faith efforts to resolve the dispute, 

and failing such resolution, the Receiving Party may move the Court to quash the 

objection, wherein the Producing Party will bear the burden of proving the 

sufficiency of the objection; 

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(i) a Receiving Party may include excerpts of Source Code Material in a pleading,

exhibit, expert report, discovery document, deposition transcript, other Court 

document (collectively, “Court Documents”), provided that each Court Document 

is appropriately designated as “RESTRICTED CONFIDENTIAL - SOURCE 

CODE” under this Order, restricted to those who are entitled to have access to it as 

specified herein, and, if filed with the Court, filed under seal in accordance with the 

Court’s rules, procedures and orders; 

(j) to the extent portions of Source Code Material are used in a Court Document, either 

(1) the entire Court Document will be stamped and treated as “RESTRICTED 

CONFIDENTIAL - SOURCE CODE” or (2) those pages containing Source Code 

Material will be separately designated and treated as “RESTRICTED 

CONFIDENTIAL - SOURCE CODE”; 

(k) if the Receiving Party’s outside counsel, consultants, or experts obtain printouts or 

photocopies of Source Code Material, the Receiving Party shall ensure that such 

outside counsel, consultants, or experts keep the printouts or photocopies in a 

secured locked area in the offices of such outside counsel, consultants, or expert. 

The Receiving Party may also temporarily keep the printouts or photocopies at: (i) 

the Court for any proceedings(s) relating to the Source Code Material, for the dates 

associated with the proceeding(s); (ii) the sites where any deposition(s) relating to 

the Source Code Material are taken, for the dates associated with the deposition(s); 

and (iii) any intermediate location reasonably necessary to transport the printouts 

or photocopies (e.g., a hotel prior to a Court proceeding or deposition). Source Code 

Material, whatever form, including as an excerpt or in notes, shall not be 

transmitted (e.g., by e-mail) or taken outside the territorial United States or be made 

the subject of a “deemed” export within the meaning of US export control laws, 

without the express prior written consent of the Producing Party; and 

(l) a Producing Party’s Source Code Material may only be transported by the 

Receiving Party at the direction of a person authorized under paragraph 10(b) above 

to another person authorized under paragraph 10(b) above, on paper via hand carry, 

Federal Express or other similarly reliable courier, except as provided in paragraph 

10(k). The Producing Party may also provide Source Code Material on a standalone computer at a deposition or a Court proceeding upon a reasonable request by 

the Receiving Party, which request shall not be unreasonably denied by the 

Producing Party. 

11. Any person on behalf of the Plaintiff permitted to receive the Defendants’ Protected 

Material that is designated “RESTRICTED CONFIDENTIAL - ATTORNEYS’ EYES 

ONLY” and/or “RESTRICTED CONFIDENTIAL - SOURCE CODE” (collectively 

“HIGHLY SENSITIVE MATERIAL”), who obtains, receives, has access to, or otherwise 

learns, in whole or in part, HIGHLY SENSITIVE MATERIAL under this Order shall not, 

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prepare, prosecute, supervise, or assist in the preparation or prosecution of any patent 

application pertaining to the subject matter of the information disclosed in DESIGNATED 

MATERIAL on behalf of the receiving Party or its acquirer, successor, predecessor, or 

other affiliate during the pendency of this Action and for two (2) years after its conclusion, 

including any appeals. Nothing in this Section shall prevent any attorney from sending nonconfidential prior art to an attorney involved in patent prosecution for purposes of ensuring 

that such prior art is submitted to the U.S. Patent and Trademark Office (or any similar 

agency of a foreign government) to assist a patent applicant in complying with its duty of 

candor. Nothing in this provision shall prohibit any attorney of record in this litigation from 

discussing with his/her client any aspect of this case that is reasonably necessary for the 

prosecution or defense of any claim or counterclaim in this litigation. Nothing in this 

provision shall apply to reexamination proceedings, inter partes review, covered business 

method review, or post grant review, except that such prosecution bar shall extend to direct 

or indirect assistance and/or direct or indirect participation in discussions relating to 

drafting or amending claims in reexamination, inter partes review, covered business 

method review, or post grant review proceedings. To ensure compliance with the purpose 

of this provision, an “Ethical Wall” will be created between those persons with access to 

HIGHLY SENSITIVE MATERIAL and any individuals who may be involved in the 

prohibited activities.

12. Nothing in this Order shall require production of documents, information, or other material 

that a Party contends is protected from disclosure by the attorney-client privilege, the work 

product doctrine, or other privilege, doctrine, or immunity. If documents, information, or 

other material subject to a claim of attorney-client privilege, work product doctrine, or 

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other privilege, doctrine, or immunity is inadvertently or unintentionally produced, such 

production shall in no way prejudice or otherwise constitute a waiver of, or estoppel as to, 

any such privilege, doctrine, or immunity. Any Party that inadvertently or unintentionally 

produces documents, information, or other material it reasonably believes are protected 

under the attorney-client privilege, work product doctrine, or other privilege, doctrine, or 

immunity may obtain the return of such documents, information, or other material by 

promptly notifying the recipient(s) and providing a privilege log for the inadvertently or 

unintentionally produced documents, information, or other material. The recipient(s) shall 

gather and return all copies of such documents, information, or other material to the

Producing Party, except for any pages containing privileged or otherwise protected 

markings by the recipient(s), which pages shall instead be destroyed and certified as such 

to the Producing Party. 

13. There shall be no disclosure of any DESIGNATED MATERIAL by any person authorized 

to have access thereto to any person who is not authorized for such access under this Order. 

The Parties are hereby ORDERED to safeguard all such documents, information, and 

material to protect against disclosure to any unauthorized persons or entities. 

14. Nothing contained herein shall be construed to prejudice any Party’s right to use any 

DESIGNATED MATERIAL in taking testimony at any deposition or hearing provided 

that the DESIGNATED MATERIAL is only disclosed to a person(s) who is: (i) eligible to 

have access to the DESIGNATED MATERIAL by virtue of his or her employment with 

the designating Party, (ii) identified in the DESIGNATED MATERIAL as an author, 

addressee, or copy recipient of such information, (iii) although not identified as an author, 

addressee, or copy recipient of such DESIGNATED MATERIAL, has, in the ordinary 

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course of business, seen such DESIGNATED MATERIAL, (iv) a current or former officer, 

director or employee of the designating Party or a current or former officer, director or 

employee of a company affiliated with the designating Party, (v) counsel for a Party, 

including outside counsel and in-house counsel (subject to paragraph 9 of this Order), (vi) 

an independent contractor, consultant, and/or expert retained for the purpose of this 

litigation authorized under paragraph 5(e), (vii) court reporters and videographers, (viii) 

the Court, or (ix) other persons entitled hereunder to access to DESIGNATED 

MATERIAL. DESIGNATED MATERIAL shall not be disclosed to any other persons 

unless prior authorization is obtained from counsel representing the Producing Party or

from the Court. 

15. Parties may, at the deposition or hearing or within thirty (30) days after receipt of a final 

deposition or hearing transcript, designate the deposition or hearing transcript or any 

portion thereof as “CONFIDENTIAL,” “RESTRICTED CONFIDENTIAL - 

ATTORNEYS’ EYES ONLY,” or “RESTRICTED CONFIDENTIAL - SOURCE CODE” 

pursuant to this Order. Access to the deposition or hearing transcript so designated shall be 

limited in accordance with the terms of this Order. Until expiration of the 30-day period, 

the entire deposition or hearing transcript shall be treated as “RESTRICTED 

CONFIDENTIAL - ATTORNEYS’ EYES ONLY.” 

16. Any DESIGNATED MATERIAL that is filed with the Court shall be filed under seal and 

shall remain under seal until further order of the Court. The filing Party shall be responsible 

for informing the Clerk of the Court that the filing should be sealed and for placing the 

legend “FILED UNDER SEAL PURSUANT TO PROTECTIVE ORDER” above the 

caption and conspicuously on each page of the filing. Exhibits to a filing shall conform to 

Case 6:20-cv-00064-ADA Document 27 Filed 08/01/20 Page 13 of 19
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the labeling requirements set forth in this Order. If a pretrial pleading filed with the Court, 

or an exhibit thereto, discloses or relies on confidential documents, information, or 

material, such confidential portions shall be redacted to the extent necessary and the 

pleading or exhibit filed publicly with the Court.

17. This Order applies to pretrial discovery. Any use of Protected Material at trial shall be 

governed by a separate agreement or order. Nothing in this Order shall be deemed to 

prevent the Parties from introducing any DESIGNATED MATERIAL into evidence at the 

trial of this Action, or from using any information contained in DESIGNATED 

MATERIAL at the trial of this Action, subject to any pretrial order issued by this Court.

18. A Party may request in writing to the other Party that the designation given to any 

DESIGNATED MATERIAL be modified or withdrawn. If the designating Party does not 

agree to redesignation within ten (10) days of receipt of the written request, the requesting 

Party may apply to the Court for relief. Upon any such application to the Court, the burden 

shall be on the designating Party to show why its classification is proper. Such application 

shall be treated procedurally as a motion to compel pursuant to Federal Rules of Civil 

Procedure 37, subject to the Rule’s provisions relating to sanctions. In making such 

application, the requirements of the Federal Rules of Civil Procedure and the Local Rules 

of the Court shall be met. Pending the Court’s determination of the application, the 

designation of the designating Party shall be maintained.

19. Each outside consultant, expert, or designated representative to whom DESIGNATED 

MATERIAL is disclosed in accordance with the terms of this Order shall be advised by 

counsel of the terms of this Order, shall be informed that he or she is subject to the terms 

and conditions of this Order, and shall sign an acknowledgment that he or she has received 

Case 6:20-cv-00064-ADA Document 27 Filed 08/01/20 Page 14 of 19
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a copy of, has read, and has agreed to be bound by this Order. A copy of the 

acknowledgment form is attached as Appendix A.

20. To the extent that any discovery is taken of persons who are not Parties to this Action 

(“Third Parties”) and in the event that such Third Parties contended the discovery sought 

involves trade secrets, confidential business information, or other proprietary information, 

then such Third Parties may agree to be bound by this Order. 

21. To the extent that discovery or testimony is taken of Third Parties, the Third Parties may 

designate as “CONFIDENTIAL” or “RESTRICTED CONFIDENTIAL - ATTORNEYS’ 

EYES ONLY” any documents, information, or other material, in whole or in part, produced 

or given by such Third Parties. The Third Parties shall have ten (10) days after production 

of such documents, information, or other materials to make such a designation. Until that 

time period lapses or until such a designation has been made, whichever occurs sooner, all 

documents, information, or other material so produced or given shall be treated as 

“CONFIDENTIAL” in accordance with this Order. 

22. Within thirty (30) days of final termination of this Action, including any appeals, all 

DESIGNATED MATERIAL, including all copies, duplicates, abstracts, indexes, 

summaries, descriptions, and excerpts, or extracts thereof (excluding excerpts or extracts 

incorporated into any privileged memoranda or work product of the Parties and materials 

which have been admitted into evidence in this Action), shall be destroyed, except that 

outside counsel for each Party may maintain for its files one copy of each pleading filed 

with the Court, each deposition transcript together with the exhibits marked at the 

deposition, one copy of each piece of correspondence, one copy of all expert reports, and 

one copy of all discovery responses which contain or refer to DESIGNATED MATERIAL. 

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The Receiving Party shall verify the destruction by affidavit furnished to the Producing 

Party, upon the Producing Party’s request. This paragraph does not prevent a Party’s 

outside counsel from preserving its attorney work product, including memoranda and 

notes, relating to this case.

23. The failure to designate documents, information, or material in accordance with this Order 

and the failure to object to a designation at a given time shall not preclude the filing of a 

motion at a later date seeking to impose such designation or challenging the propriety 

thereof. The entry of this Order and/or the production of documents, information, and 

material hereunder shall in no way constitute a waiver of any objection to the furnishing

thereof, all such objections being hereby preserved. 

24. Any Party knowing or believing that any other party is in violation of or intends to violate 

this Order and has raised the question of violation or potential violation with the opposing 

Party and has been unable to resolve the matter by agreement, may move the Court for

such relief as may be appropriate in the circumstances. Pending disposition of the motion 

by the Court, the party alleged to be in violation of or intending to violate this Order shall 

discontinue the performance of and/or shall not undertake the further performance of any 

action alleged to constitute a violation of this Order.

25. Production of DESIGNATED MATERIAL by each of the Parties shall not be deemed a 

publication of the documents, information, and material (or the contents thereof) produced 

so as to void or make voidable whatever claim the Parties may have as to the proprietary 

and confidential nature of the documents, information, or other material or its contents. 

26. Nothing in this Order shall be construed to effect an abrogation, waiver or limitation of any 

kind on the rights of each of the Parties to assert any applicable discovery or trial privilege.

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17 

27. Each of the Parties shall also retain the right to file a motion with the Court (a) to modify 

this Order to allow disclosure of DESIGNATED MATERIAL to additional persons or 

entities if reasonably necessary to prepare and present this Action and (b) to apply for

additional protection of DESIGNATED MATERIAL. 

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UNITED STATES DISTRICT COURT 

FOR THE WESTERN DISTRICT OF TEXAS 

WACO DIVISION

NORDIC INTERACTIVE 

TECHNOLOGIES LLC,

Plaintiff

v. 

SAMSUNG ELECTRONICS CO. LTD. and 

SAMSUNG ELECTRONICS AMERICA,

INC., 

Defendants.

Civil Action No. 6:20-CV-00064 

JURY TRIAL DEMANDED

APPENDIX A 

UNDERTAKING OF EXPERTS, CONSULTANTS, OR DESIGNATED 

REPRESENTATIVES REGARDING 

PROTECTIVE ORDER

I, __________________________, declare that:

1. My address is ______________________________________________________. My

current employer is __________________________________________________. My

current occupation is ________________________________________________. 

2. I have received a copy of the Protective Order in this action. I have carefully read and 

understand the provisions of the Protective Order.

3. I will comply with all of the provisions of the Protective Order. I will hold in confidence, 

will not disclose to anyone not qualified under the Protective Order, and will use only for 

purposes of this action any information designated as “CONFIDENTIAL,” 

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“RESTRICTED CONFIDENTIAL - ATTORNEYS’ EYES ONLY,” or “RESTRICTED 

CONFIDENTIAL - SOURCE CODE” that is disclosed to me.

4. Promptly upon termination of these actions, I will return all documents and things 

designated as “CONFIDENTIAL,” “RESTRICTED CONFIDENTIAL - ATTORNEYS’ 

EYES ONLY,” or “RESTRICTED CONFIDENTIAL - SOURCE CODE” that came into

my possession, and all documents and things that I have prepared relating thereto, to the 

outside counsel for the party by whom I am employed. 

5. I hereby submit to the jurisdiction of this Court for the purpose of enforcement of the

Protective Order in this action.

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

Signature 

Date 

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