1 

IN THE UNITED STATES DISTRICT COURT 

FOR THE WESTERN DISTRICT OF TEXAS 

WACO DIVISION 

PARKERVISION, INC., 

Plaintiff, 

vs. 

INTEL CORPORATION, 

Defendant. 

 Civil Action No. 6:20-cv-00108-ADA

 JURY TRIAL DEMANDED 

 PROTECTIVE ORDER

To expedite the flow of discovery material, to facilitate the prompt resolution of disputes 

over confidentiality of discovery materials, to adequately protect information the parties are 

entitled to keep confidential, to ensure that only materials the parties are entitled to keep 

confidential are subject to such treatment, and to ensure that the parties are permitted reasonably 

necessary uses of such materials in preparation for and in the conduct of trial, pursuant to Fed. R. 

Civ. P. 26(c), it is hereby ORDERED THAT: 

A. Definitions

1. “Party”: any party to this action, including all of its officers, directors, employees,

consultants, retained experts and consultants, and outside counsel (and their support staff). 

2. “Material”: all information, documents, items and things produced, served or

otherwise provided in this action (whether paper, electronic, tangible or otherwise) by the Parties 

or by non-parties. 

3. “Producing Party”: a Party or non-party that produces Material in this action.

4. “Receiving Party”: a Party that receives Material from a Producing Party.

5. “Designating Party”: a Party or non-party that designates Material as

“CONFIDENTIAL,” “ATTORNEYS’ EYES ONLY” or “OUTSIDE COUNSEL RESTRICTED 

– SOURCE CODE.”

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6. “Schematics”: RTL, HDL, source code, schematics, layout files, microcode,

process flows or recipes, and similarly sensitive design information.

7. “CONFIDENTIAL Material”: Material that the Designating Party believes in good

faith is not generally known to others and that it (i) would not normally reveal to third parties 

except in confidence or has undertaken with others to maintain in confidence, or (ii) believes in 

good faith is protected by a right to privacy under federal or state law or any other applicable 

privilege or right related to confidentiality or privacy. Copies, abstracts, compilations, summaries, 

and extracts of Materials designated as CONFIDENTIAL will also be treated as CONFIDENTIAL 

Material. 

8. “ATTORNEYS’ EYES ONLY Material”: Material that the Designating Party

believes in good faith is not generally known to others and has significant competitive value such 

that unrestricted disclosure to others would create a substantial risk of serious injury and that the 

Designating Party (i) would not normally reveal to third parties except in confidence or has 

undertaken with others to maintain in confidence, or (ii) believes in good faith is protected by a 

right to privacy under federal or state law or any other applicable privilege or right related to 

confidentiality or privacy. The designation is reserved for information that constitutes proprietary 

financial, technical, competitive, or commercially sensitive information that the Designating Party 

maintains as highly confidential in its business, including but not limited to information relating 

to future products, strategic plans, non-public financial data, documents that would reveal trade 

secrets, licensing documents or licensing communications, and settlement agreements or 

settlement communications, the disclosure of which is likely to cause harm to the competitive 

position of the Designating Party. This designation also includes Material obtained from a nonparty pursuant to a Nondisclosure Agreement (“NDA”), unless the non-party permits a different 

designation in writing. Copies, abstracts, compilations, summaries, and extracts of Materials 

designated as ATTORNEYS’ EYES ONLY will also be treated as ATTORNEYS’ EYES ONLY 

Material. 

9. “OUTSIDE COUNSEL RESTRICTED – SCHEMATICS Material”: Schematics

and copies, abstracts, compilations, summaries, and extracts of Schematics. 

10. “Designated Material”: Material that is designated “CONFIDENTIAL,”

“ATTORNEYS’ EYES ONLY,” or “OUTSIDE COUNSEL RESTRICTED –SCHEMATICS” 

and all copies, abstracts, compilations, summaries, and extracts of such Material. 

11. “Export Controlled Information” means all Schematics and any other Designated

Material identified by a Designating Party as being subject to federal export control regulations, 

including the Export Administration Regulations (“EAR”), 15 C.F.R. §§ 730, et seq. 

12. “Counsel of Record”: (i) outside counsel who appear on the pleadings as counsel

for a Party, and (ii) licensed partners, counsel, and associates of such outside counsel to whom it 

is reasonably necessary to disclose the information for this litigation and administrative personnel 

employed by the outside counsel, such as paralegals, legal translators, legal secretaries, legal 

clerks, and shorthand reporters. “Counsel of Record” does not include (i) a person who is an 

employee, director, or officer of a Party or a Party’s affiliates even if that person appears on the 

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pleadings as counsel for a Party or (ii) a person employed by the attorneys who gives technical, 

scientific or financial advice relating to the substantive issues in this action unless that person is a 

licensed attorney or patent agent. 

13. “Litigation Manager”: an attorney in a Party’s legal department or intellectual

property division whose responsibilities include overseeing this litigation. Each party may 

designate a maximum of three Litigation Managers. A Litigation Manager must be limited to an 

attorney (1) who has no involvement in competitive decision-making, (2) to whom disclosure is 

reasonably necessary for this litigation, (3) who has signed the “Litigation Manager 

Acknowledgement and Agreement to be Bound by Protective Order” attached as Exhibit C, and 

(4) as to whom the producing Party has not objected after receiving notice pursuant to Section E.

A Litigation Manager is prohibited from engaging in competitive decision-making activities for

the duration of the Litigation and any period of time up to and including one year following the

final termination of this action (including any appeals), such as but not limited to: (i) the review

of, participation in, or approval of pricing, sales, or marketing programs, (ii) the filing or

prosecution of patent or trademark applications. Nothing in the foregoing shall prohibit a

Litigation Manager from participating in negotiations to settle or resolve this action or other patent

litigation involving ParkerVision and Intel. A Party may replace a designated Litigation Manager

with a new Litigation Manager by serving the appropriate undertakings described in paragraph

18(b). The replaced Litigation Manager must then return all Designated Materials in his or her

possession to the Party’s Outside Counsel and will no longer have the rights of a Litigation

Manager.

14. “Outside Consultant”: a person with specialized knowledge or experience in a

matter pertinent to the action who is retained by a Party or retained or employed by its Counsel of 

Record to serve as an expert witness or as a consultant in this action and who is not a current or 

anticipated: (i) officer, director, or employee of a Party or of a Party’s competitor, or (ii) consultant 

involved in product and/or process design or development for a Party or for a Party’s competitor. 

15. “Professional Vendors”: persons or entities unaffiliated with a Party or a competitor

of a Party that provide litigation support services (e.g., photocopying, videotaping, translating, 

preparing transcripts, exhibits, or demonstrations, organizing or processing data) and their 

employees and subcontractors. This definition includes a professional jury or trial consultant 

retained in connection with this action and mock jurors retained by such a consultant to assist them 

in their work. Professional Vendors do not include consultants who fall within the definition of 

Outside Consultant. 

16. “Relevant Technology”: For purposes of the Prosecution Bar and Exhibit B

(“CERTIFICATION OF OUTSIDE CONSULTANT 

REGARDING PROTECTIVE ORDER”) below, Radio Frequency transceivers. 

B. Scope

17. Compliance with Applicable Rules Governing Confidentiality and Filing Under

Seal. This Order does not confer blanket protections on all disclosures or responses to discovery, 

and the protection it affords from public disclosure and use extends only to the limited information 

Case 6:20-cv-00108-ADA Document 90 Filed 06/07/21 Page 3 of 17
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or items that are entitled to confidential treatment under applicable legal principles. Nor does this 

Order entitle the parties to file confidential information under seal; the Parties must follow the 

applicable rules, procedures, and standards when seeking permission to file material under seal. 

C. Access to Designated Material

18. Access to CONFIDENTIAL Material. Only the following persons are permitted to

have access to CONFIDENTIAL Material: 

(a) employees of the Receiving Party to whom disclosure is reasonably

necessary for the management, supervision, or oversight of this litigation and who have signed the 

“Agreement to Be Bound by Protective Order” attached as Exhibit A, so long as such employees 

are not involved in competitive decision-making activities, including those listed in paragraph 13, 

above; 

(b) Litigation Managers to whom disclosure is reasonably necessary for this

litigation and who have signed the “Litigation Manager Acknowledgement and Agreement to Be 

Bound by Protective Order” attached as Exhibit C; 

(c) persons who appear on the face of Designated Material as an author,

addressee or recipient thereof; 

(d) Counsel of Record;

(e) Outside Consultants, subject to the procedures set forth in Section D;

(f) the Court and its personnel;

(g) court reporters;

(h) a mediator assigned to hear this matter, and his or her staff, who have signed

the “Agreement to Be Bound by Protective Order” attached as Exhibit A and the “Certification of 

Consultant” attached as Exhibit B; and 

(i) Professional Vendors to which disclosure is reasonably necessary for this

litigation and a representative of which has signed the “Agreement To Be Bound By Protective 

Order” attached as Exhibit A. 

19. Access to ATTORNEYS’ EYES ONLY Material. Only the persons identified in

Paragraph 18(b)-(i) are permitted to have access to ATTORNEYS’ EYES ONLY Material. 

20. Access to OUTSIDE COUNSEL RESTRICTED – SCHEMATICS Material. Only

the persons identified in Paragraph 18(d)-(g) are permitted to have access to OUTSIDE COUNSEL 

RESTRICTED – SCHEMATICS Material. Absent consent of the Producing Party (which will not 

be unreasonably withheld), no more than Five Counsel of Record and Three Outside Consultants 

for a Receiving Party are permitted to have access to OUTSIDE COUNSEL RESTRICTED – 

SCHEMATICS Material. 

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D. Disclosure to Outside Consultants

22. Notice. Before disclosing another party’s Designated Material to an Outside

Consultant, a Receiving Party must first provide written notice by hand-delivery or email to 

Counsel of Record for the Designating Party. The notice must include: (a) the Outside Consultant’s 

name, business title, business address, and business or profession; (b) a current CV; (c) the Outside 

Consultant’s previous or current relationship (personal or professional) with any of the Parties, 

their predecessors, or their successors in interest; (d) a list of cases in which the Outside Consultant 

has testified (at trial or deposition) within the last seven years; (e) a list of all companies for which 

the Outside Consultant has consulted or that have employed the Outside Consultant within the last 

seven years; and (f) a signed copy of the Agreement to Be Bound by Protective Order attached as 

Exhibit A and the “Certification of Outside Consultant” attached as Exhibit B. 

23. Objections. The Designating Party will have fourteen calendar days from receipt of

the notice to object to the disclosure. The notice must identify the grounds for the objection. If the 

Designating Party does not object during that fourteen-day period, then the Receiving Party may 

disclose Designated Material to the Outside Consultant pursuant to the terms of this Order. 

However, if the Designating Party objects within that period, the Receiving Party may not disclose 

Designated Material to the challenged individual absent resolution of the dispute or Court Order. 

In the event the Designating Party makes a timely objection, the parties shall promptly meet and 

confer by telephone or in person to try to resolve the matter by agreement. If the parties cannot 

reach an agreement, the Objecting Party may within three (3) business days following the meet 

and confer file a motion for a protective order preventing disclosure of Designated Material to the 

Outside Consultant or for other appropriate relief. If the objecting Party fails to file a motion for 

protective order within the prescribed period, any objection to the Outside Consultant is waived, 

and Designated Material may thereafter be disclosed to such individual (upon signing the 

“Agreement To Be Bound By Protective Order” attached hereto as Exhibit A). If the Objecting 

Party files a timely motion for a protective order, Designated Material shall not be disclosed to the 

challenged individual until and unless a final ruling allowing such disclosure is made by this Court 

or by the consent of the Objecting Party, whichever occurs first. 

E. Disclosure to Litigation Managers

24. Notice. Before disclosing another party’s Designated Material to a Litigation

Manager, a Receiving Party must first provide written notice by hand-delivery or email to Counsel 

of Record for the Designating Party. The notice must include: (a) the full name of the Litigation 

Manager, his or her title, and the city and state of his or her residence; (b) a description of the 

21. Acknowledgements to be Bound. Each person to whom Designated Material may

be disclosed, and who is required to sign the “Agreement to Be Bound by Protective Order,” the 

“Certification of Consultant,” and/or the “Litigation Manager Acknowledgement and Agreement 

to Be Bound by Protective Order” must do so prior to reviewing Designated Material. Counsel of 

Record for the Receiving Party must retain each original executed document and, on written 

request, must provide copies to Counsel of Record for all other Parties after the termination of this 

action. The identification of an individual pursuant to this Order does not make that individual 

subject to deposition or any other form of discovery. 

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F. Inspection and Production of Schematics

26. The Secure Room. Schematics will be made available for inspection in a secure

room in computer searchable format on a stand-alone computer connected to a printer (that is, a 

computer not connected to a network or the Internet, and that is locked down so that additional 

peripheral devices cannot be connected to it) during regular business hours on reasonable notice, 

at a location in the United States selected by the Producing Party (the “Secure Room”). Before 

being admitted into the Secure Room, an individual must provide a photo identification card 

sanctioned by the government of a state of the United States or by the national government of the 

individual’s current citizenship. Due to the COVID-19 pandemic, the parties agree may agree to 

secure remote viewing options for Schematics as an alternative to the secure room. 

27. Review of Schematics. No electronic devices are permitted in the Secure Room,

including laptops, floppy drives, zip drives, cellular telephones, personal digital assistants, 

cameras, voice recorders, telephone jacks or other hardware. Non-electronic devices capable of 

similar functionality are also prohibited, as is loose paper that could be used in a printer. Written 

notes relating to the Schematics may be taken only in spiral- or permanently-bound notebooks. 

The Schematics may not be copied into the notes. Notwithstanding this provision, file name and 

location (i.e., directory path), may be copied into the notes. The Producing Party may visually 

Litigation Manager’s current and reasonably foreseeable future primary job duties and 

responsibilities in sufficient detail to determine if the Litigation Manager is involved, or may 

become involved, in any competitive decision-making; (c) the Litigation Manager’s previous or 

current relationship (personal or professional) with the Designating Party; and (d) the “Litigation 

Manager Acknowledgement and Agreement to Be Bound by Protective Order,” attached asExhibit

C, signed by the Litigation Manager. 

25. Objections. The Designating Party will have fourteen calendar days from receipt of

the notice to object to the disclosure of the Litigation Manager. The notice must identify the 

grounds for the objection. If the Designating Party does not object during that fourteen-day period, 

then the Receiving Party may disclose Designated Material to the Litigation Manager pursuant to 

the terms of this Order. However, if the Designating Party objects within that period, the Receiving 

Party may not disclose Designated Material to the challenged individual absent resolution of the 

dispute or Court Order. In the event the Designating Party makes a timely objection, the parties 

shall promptly meet and confer by telephone or in person to try to resolve the matter by agreement. 

If the parties cannot reach an agreement, the Objecting Party may within three (3) business days 

following the meet and confer file a motion for a protective order preventing disclosure of 

Designated Material to the Litigation Manager or for other appropriate relief. If the objecting Party 

fails to file a motion for protective order within the prescribed period, any objection to the Outside 

Consultant is waived, and Designated Material may thereafter be disclosed to such individual 

(upon signing the “Litigation Manager Acknowledgement and Agreement to Be Bound by 

Protective Order” attached hereto as Exhibit C). If the Objecting Party files a timely motion for a 

protective order, Designated Material shall not be disclosed to the challenged individual until and 

unless a final ruling allowing such disclosure is made by this Court or by the consent of the 

Objecting Party, whichever occurs first. 

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monitor the activities of the Receiving Party’s representatives during any review to ensure 

compliance with these restrictions. 

28. Schematics will be made available for inspection between the hours of 9 a.m. and

5 p.m., local time, on business days (i.e., weekdays that are not Federal holidays). The Producing 

Party will be reasonable in accommodating reasonable requests to conduct inspections at other 

times provided that the Receiving Party pays for any costs and expenses, including staff, necessary 

to allow such access. 

29. The Producing party shall provide at least ten (10) business days’ notice prior to a

proposed inspection. 

30. Option to Produce Paper Copies Instead. At its discretion, a Producing Party can

elect to produce Schematics in paper form rather than making it available for inspection on a standalone computer. Those paper documents will otherwise be subject to the restrictions applicable to 

OUTSIDE COUNSEL RESTRICTED – SCHEMATICS Material. 

31. Printing Portions of the Schematics. A Receiving Party is allowed to print paper

copies of necessary, specific portions of the Schematics at the time of inspection. Paper copies are 

restricted to what is necessary for use in a filing, in an expert report, at a deposition, or at a hearing. 

A Receiving Party is not entitled to print passages to facilitate review of the Schematics away from 

the Secure Room; the Schematics are to be reviewed and analyzed using the stand alone computer. 

The Receiving Party is prohibited from removing the paper copies from the Secure Room. Each 

image of a schematic requested for printing counts as one “Page of Schematics” for purposes of 

this Protective Order. 

32. Delivery of Printouts. The Producing Party will collect any printed pages of the

Schematics, and Bates number, copy, and label them “OUTSIDE COUNSEL RESTRICTED – 

SCHEMATICS.” Within seven calendar days, the Producing Party must either (a) deliver two (2) 

copy sets of such pages to one or more offices of the Receiving Party’s Counsel of Record or (b) 

provide notice that the printed portions are excessive or were not requested for a permitted purpose. 

The number of Pages of Schematics for any one product or architecture may not exceed 50 Pages 

for that product or architecture. These limits may be increased by agreement of the Parties or on 

a showing of need. 

33. In the event that the Producing Party provides notice that the printed portions are

excessive or were not requested for a permitted purpose under Paragraph 32 and the Receiving 

Party disagrees, the parties shall first try to resolve the dispute in good faith. If the dispute cannot 

be resolved, the Producing Party shall object in writing to the Receiving Party. The Receiving 

Party shall then have fourteen (14) days to move for an order that the Producing Party produce the 

printed pages under Paragraph 32. 

34. Producing Party Log. The Producing Party may maintain a log identifying: (a) the

name of each person who accessed the Secure Room; (b) the date and time of access; (c) the length 

of time of access; and (d) whether any pages were printed. The Producing Party may also retain 

copies of any printed pages of the Schematics. 

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F. Prosecution and Development Bar

40. Prosecution Bar. Individuals associated with a Receiving Party (i.e., Counsel of

Record, Litigation Managers, and Outside Consultants) who personally review any technical 

ATTORNEYS’ EYES ONLY Material or OUTSIDE COUNSEL RESTRICTED – 

SCHEMATICS Material are prohibited from participating in the preparation or prosecution of any 

patent, patent application, inter partes review, post-grant review proceedings, or a patent in 

reexamination or reissue, or for drafting or revising a patent claim, related to the Relevant 

Technology that was filed, or that claims priority from an application that was filed, less than one 

year following the final termination of this action (including any appeals). This prosecution bar 

does not prevent an individual from participating in a reexamination, inter partes review, or other 

post-grant review proceedings involving the patents-at-issue or related patents, except that the 

individual is prohibited from participating in the drafting of any claim or amendment to any claim. 

35. Maintenance of Printouts. The copy sets of the Schematics must be kept at all times

in the office(s) of Counsel of Record. The delivered copy sets must be kept in a locked storage 

container where they will not be accessible to persons other than those allowed access under this 

Order. Printed pages of Schematics must be transported by hand-carry in a locked briefcase or 

storage container and may not be shipped or scanned and electronically transmitted. Except as 

explicitly permitted below, the Receiving Party is prohibited from making additional copies or 

scanning the printouts. Outside Consultants are prohibited from keeping copy sets. 

36. Receiving Party Log. The Receiving Party must maintain a log identifying each

person who reviews the printouts, the date and time of the review, and the production numbers of 

the pages reviewed. The Receiving Party must provide the Producing Party with a copy of the log 

on two business days’ notice, but no more than once per month absent a showing of good cause. 

37. Use at Depositions and Hearings. A Receiving Party is prohibited from making

copies of Schematics for use at a deposition or at a hearing without the Producing Party’s prior 

written consent. Absent such consent, the Receiving Party must provide the Producing Party with 

seven (7) calendar days’ advance notice of its need for printed copies and identify the required 

pages by production number. The Producing Party will then either authorize the Receiving Party 

to prepare copies for use in the deposition or hearing or agree to supply copies itself on the day of 

the deposition or hearing. At the conclusion of the deposition or hearing, the copies will be returned 

to the Producing Party or destroyed. Copies will not be attached to deposition transcripts. 

38. Use in Filings. A Receiving Party that wants to file or otherwise submit pages of

Schematics in connection with a filing may, no earlier than 24 hours prior to the relevant filing, 

make only as many copies, and only of the specific pages as needed, for submission. It must file 

the materials under seal and must immediately notify the Producing Party. 

39. Use in Expert Reports and Discovery Documents. To the extent it is necessary to

reference Schematics in an expert report or other discovery document, the excerpts must be limited 

to the minimum amount necessary to support the specific argument made, but in no event may an 

excerpt exceed 15 Pages of Schematics per product or architecture. Documents containing excerpts 

must be designated “OUTSIDE COUNSEL RESTRICTED –SCHEMATICS.” 

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41. Development Bar.1 A Receiving Party’s Outside Consultants who personally

review any technical ATTORNEYS’ EYES ONLY Material or OUTSIDE COUNSEL 

RESTRICTED – SCHEMATICS Material must execute the “Certification of Consultant” attached 

as Exhibit B in which they agree not to perform hardware, software or product development work 

for commercial purposes for or on behalf of Intel’s past, current, or future direct competitors or 

any entity that is attempting to commercialize a product in the same field as the produced 

OUTSIDE COUNSEL RESTRICTED – SCHEMATICS until one year following the final 

termination of this action (including any appeals). 

G. Use of Designated Material

42. Use of Designated Material by a Receiving Party. A Receiving Party, including its

Counsel of Record, Outside Consultants, and Professional Vendors, is permitted to use Designated 

Material only for purposes of this action and any related IPRs and is prohibited from disclosing 

Designated Material except in accordance with this Order. 

43. Use of Designated Material by a Producing Party. Nothing in this Order restricts a

Producing Party’s or Designating Party’s use or disclosure of its own Designated Material. 

44. Use of Designated Material at Depositions. A Receiving Party can examine (a) a

witness about Designated Material of which the witness had prior knowledge and (b) present 

directors, officers, employees, designated Rule 30(6)(b) witnesses, and Outside Consultants of a 

Designating Party about any Designated Material of that Designating Party. A non-party may be 

examined about documents containing Designated Material that appear on their face or from other 

documents or testimony to have been received from or delivered to the non-party. Any person not 

permitted to have access to Designated Material that is disclosed at a deposition will be excluded 

from the portion of the deposition relating to that information. 

45. Filing Designated Material. Absent written permission from the Designating Party

or a Court Order issued after appropriate notice, a Party must file Designated Material under seal 

in conformance with the Court’s rules and procedures. Material filed under seal shall include a 

cover page including the words “FILED UNDER SEAL.” 

46. Transmittal of Designated Material. A Receiving Party will not transmit or

transport Designated Material outside of the United States. To the extent that a Receiving Party is 

authorized to transport or transmit electronic copies of Designated Material, only the following 

methods may be used: (1) encrypted email using an encryption tool that has a passphrase of at least 

20 characters in length and using at least 128-bit Advanced Encryption Standard (AES) cipher 

option; (ii) a secure FTP site that implements 256 bit AES encryption over SSL and utilizes access 

controls, and the files containing the information are encrypted using a key length of at least 20 

characters and 256 bit AES encryption and are removed from the Secure FTP site within 3 days; 

1 This Development Bar reflects the Court’s rulings at the April 27, 2021 discovery teleconference. 

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and (iii) hand-delivery, where the data is stored on an encrypted hard-drive using at least AES 128-

bit hardware encryption algorithm and a removable hardware key or an RFID secured card. 

47. Export Controlled Information. Export Controlled Information is prohibited (a)

from being disclosed to anyone who is not a “U.S. Person” (as defined in 22 C.F.R. § 120.15), 

including Counsel of Record and Outside Consultants, and (b) from being transported or 

transmitted outside of the United States or to any recipient who is located outside of the United 

States. Counsel of Record must store all Export Controlled Information in a manner such that 

access is limited to U.S. Persons. If a Receiving Party anticipates disclosing Export Controlled 

Information to the Court, including at any hearing or at trial, it will confer on the proper safeguards 

to avoid an export violation with the Designating Party and, if necessary, the Court. 

48. Unauthorized Use or Disclosure. If a Receiving Party learns of the disclosure or use

of Designated Material in any circumstance not authorized by this Order, it must promptly notify 

in writing the Designating Party of the unauthorized use or disclosure. In the event of unauthorized 

disclosure, the Receiving Party must also promptly (a) use its best efforts to retrieve all copies of 

the Designated Material, (b) inform the person to whom unauthorized disclosures were made of 

the terms of this Order, and (c) ask that person to execute the “Acknowledgment and Agreement 

to Be Bound” that is attached as Exhibit A. 

H. Procedure for Designating Materials

49. Designating Documents. For Material in documentary form (other than transcripts),

the Designating Party must affix the legend “CONFIDENTIAL,” “ATTORNEYS’ EYES ONLY,” 

or “OUTSIDE COUNSEL RESTRICTED –SCHEMATICS” on each page that contains 

Designated Material. 

50. Designating Other Material. For non-documentary Material, the Designating Party

must affix in a prominent place on the exterior of the container or containers in which the 

information or thing is stored the legend “CONFIDENTIAL,” “ATTORNEYS’ EYES ONLY,” or 

“OUTSIDE COUNSEL RESTRICTED –SCHEMATICS.” 

51. Testimony and Transcripts. For testimony given in deposition or in other pretrial or

trial proceedings, the Designating Party will specify any portions of the testimony that it wishes to 

designate as “CONFIDENTIAL,” “ATTORNEYS’ EYES ONLY,” or “OUTSIDE COUNSEL 

RESTRICTED – SCHEMATICS.” In the case of depositions, the Designating Party may also 

designate any portion of a deposition transcript by informing the reporter and the Parties in writing 

of the applicable designations within thirty calendar days of completion of the certified transcript. 

The entire transcript of a deposition at which OUTSIDE COUNSEL RESTRICTED – 

SCHEMATICS Material was disclosed will be treated as OUTSIDE COUNSEL RESTRICTED – 

SCHEMATICS until the thirty-day period has expired. The entire transcript of all other depositions 

will be treated as ATTORNEYS’ EYES ONLY until the thirty-day period has expired. Transcript 

pages identified by a Designating Party must be separately bound by the court reporter, who must 

affix to the top of each such page the legend “CONFIDENTIAL,” “ATTORNEYS’ EYES 

ONLY,” or “OUTSIDE COUNSEL RESTRICTED – SCHEMATICS” as instructed by the 

Designating Party. Subject to the Court’s preferences, the parties will work together to make 

Case 6:20-cv-00108-ADA Document 90 Filed 06/07/21 Page 10 of 17
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arrangements for making such designations to exhibits, testimony, and other Material used during 

hearings, pre-trial proceedings, and during the trial of this case. 

52. Non-party Designations. A non-party producing information or Material

voluntarily or pursuant to a subpoena or court order may designate the information or Material in 

the same manner as a Party. A non-party’s use of this Protective Order for production of its 

Material does not entitle that non-party to have access to Material produced by any Party in this 

action. 

53. Challenges to Designations. A Receiving Party may at any time request that a

Designating Party withdraw or modify a confidentiality designation; it is not obligated to do so at 

the time the designation is made. Challenges must be in writing, identify each document by 

production number, and set forth the reason for believing the designation was improper. The 

Receiving Party will continue to treat the document in accordance with the Designating Party’s 

designation unless and until otherwise agreed to by the Designating Party or ordered by the Court. 

If the parties are unable to agree concerning a challenge, the Receiving Party may pursue its 

challenge by Motion. 

I. Inadvertent Production

54. Inadvertent Failure to Designate. An inadvertent failure to designate confidential

Material does not waive a Designating Party’s right to secure protection under this Order for that 

Material. On discovery of an inadvertent failure to designate, a Designating Party may give written 

notice of the designation and provide substitute copies of the Material bearing the appropriate 

legend. The Receiving Party must then treat the Material in accordance with the new designation, 

retrieve and destroy all copies of the previously produced version of the Material from anyone who 

had received it, and destroy any electronic copies of the previously produced version. 

55. No Waiver of Privilege. Pursuant to Federal Rule of Evidence 502(d), no privilege

or protection is waived in this or any other federal or state proceeding by disclosure connected 

with this litigation. For example, inspection or production of Material will not constitute a waiver 

of the attorney-client privilege or work product immunity or any other applicable privilege or 

immunity from discovery if, after becoming aware of a disclosure, the Producing Party designates 

the Material as privileged or immune from discovery. On request by the Producing Party, the 

Receiving Party will immediately retrieve and return (or destroy) any copies of the produced 

Material, including copies distributed to others (e.g., Outside Consultants and Professional 

Vendors). The Receiving Party will remain entitled to challenge the privilege or immunity or 

immunity designation. 

J. Miscellaneous

56. Enforcement and Jurisdiction. Absent a transfer, this Court will have jurisdiction to

enforce this Order, even following the final disposition of this action. In the event of transfer, 

however, the transferee Court will have exclusive jurisdiction to enforce this Order, even following 

the final disposition of this action. Every individual who reviews Designated Material agrees to 

Case 6:20-cv-00108-ADA Document 90 Filed 06/07/21 Page 11 of 17
12 

be subject to the jurisdiction of this Court for the purpose of any proceedings related to the 

enforcement of this Order. 

57. Injunctive Relief. Every individual who reviews Designated Material

acknowledges that a breach of this Order may result in immediate and irreparable injury for which 

there is no adequate remedy at law. A party may immediately apply to obtain temporary, 

preliminary, and permanent injunctive relief against a violation or threatened violation of this 

Order. 

58. Final Disposition. Within sixty days after the final disposition of this action, each

Receiving Party must destroy or return all Designated Material to the Producing Party and submit 

a written confirmation of the return or destruction to the Producing Party (and, if not the same 

person or entity, to the Designating Party). However, Counsel of Record are entitled to retain three 

archival copies of all pleadings, motion papers and supporting materials), transcripts, legal 

memoranda, correspondence, briefs and supporting materials, written discovery requests and 

responses, exhibits offered or introduced into evidence at trial, or attorney work product. Any such 

archival copies remain subject to this Protective Order. 

59. Duration. The confidentiality obligations imposed by this Order will remain in

effect even after the final disposition of this action, until and unless otherwise agreed to by the 

Designating Party or ordered by the Court. 

60. Further Protections. This Order is entered without prejudice to the right of any party

to apply to the Court at any time for additional protection or to relax or rescind the restrictions of 

this Order. 

61. Subpoenas in Other Litigation. If a Receiving Party is served with a subpoena or a

court order that would compel disclosure of any Designated Material, it must so notify the 

Producing Party (and, if not the same person or entity, the Designating Party), in writing (by hand 

delivery, fax, or email) promptly. The notice must include a copy of the subpoena or order. The 

Receiving Party also must promptly inform in writing the party who caused the subpoena or order 

to issue that some or all of the requested material is subject to this Order. 

SO ORDERED this ____ day of ______________, 20__. 

_________________________________ 

Judge Alan D. Albright 

United States District Judge 

 7th June 21

Case 6:20-cv-00108-ADA Document 90 Filed 06/07/21 Page 12 of 17
13 

PRESENTED BY: 

ParkerVision, Inc. 

/s/ Raymond Mort

Raymond Mort 

THE MORT LAW FIRM, PLLC

Texas State Bar No. 00791308 

raymort@austinlaw.com 

100 Congress Avenue, Suite 2000 

Austin, Texas 78701 

Tel/Fax: 512-865-7950 

Ronald M. Daignault 

Chandran Iyer 

Jason Charkow 

Stephanie Mandir 

DAIGNAULT IYER LLP 

rdaignault@daignaultiyer.com* 

cbiyer@ daignaultiyer.com* 

jcharkow@ daignaultiyer.com* 

smandir@ daignaultiyer.com* 

8200 Greensboro Drive 

Suite 900 

Mclean, VA 22102 

Telephone: (917) 838-9795 

*admitted pro hac vice

Attorneys for Plaintiff ParkerVision, Inc. 

Intel Corporation 

/s/ J. Stephen Ravel

J. Stephen Ravel

KELLY HART & HALLMAN LLP 

Texas State Bar No. 16584975 

303 Colorado, Suite 2000 

Austin, Texas 78701 

T (512) 495-6429 

steve.ravel@kellyhart.com 

James E. Wren 

Texas State Bar No. 22018200 

1 Bear Place, Unit 97288 

Waco, Texas 76798 

T (254) 710-7670 

james.wren@baylor.edu 

Michael J. Summersgill (admitted Pro Hac Vice) 

Sarah B. Petty (admitted Pro Hac Vice) 

WILMER CUTLER PICKERING HALE AND

DORR LLP 

60 State Street 

Boston, Massachusetts 02109 

T (617) 526-6000 

michael.summersgill@wilmerhale.com 

sarah.petty@wilmerhale.com 

Jason F. Choy (admitted Pro Hac Vice) 

WILMER CUTLER PICKERING HALE AND

DORR LLP 

350 South Grand Avenue, Suite 2400

Los Angeles, California 90071 

T (213) 443-5300 

jason.choy@wilmerhale.com 

Attorneys for Defendant Intel Corporation 

Case 6:20-cv-00108-ADA Document 90 Filed 06/07/21 Page 13 of 17
14 

Exhibit A 

ACKNOWLEDGMENT AND AGREEMENT 

TO BE BOUND BY PROTECTIVE ORDER 

I, ___________________________, state: 

1. I reside at ___________________________________________________. 

2. My present employer is ________________________________________. 

3. My present occupation or job description is _________________________. 

4. I have read the [Stipulated] Protective Order (“Order”) dated 

________________________ and understand and will abide by its terms. I will not divulge any 

confidential information or material to persons other than those specifically authorized by the 

Order. I will not use any Designated Material in any manner not expressly allowed by the Order. 

5. I agree to be subject to the authority of the United States District Court for Western 

District of Texas, or in the event of transfer, the authority of the transferee United States District 

Court, in the event of any dispute related to this agreement. 

6. I state under penalty of perjury under the laws of the United States that the 

foregoing is true and correct. 

Executed on _________________, 20__. ______________________________ 

 Signature 

Case 6:20-cv-00108-ADA Document 88-1 Filed 05/06/21 Page 14 of 17 Case 6:20-cv-00108-ADA Document 90 Filed 06/07/21 Page 14 of 17
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Exhibit B 

CERTIFICATION OF OUTSIDE CONSULTANT 

REGARDING PROTECTIVE ORDER 

I, ___________________________, state: 

1. I have read the [Stipulated] Protective Order (“Order”) dated 

________________________ and understand and will abide by its terms. 

2. I am not a current or anticipated officer, director, or employee of a Party or of a 

Party’s competitor, or a current or anticipated consultant involved in product and/or process 

design or development for a Party or for a Party’s competitor. 

3. If at any time after I execute this Certification of Consultant and during the 

pendency of the litigation I become an employee or competitor of a Party, I will promptly inform 

the counsel for the Party who retained me in this litigation. I will not thereafter review any 

Designated Materials marked as “ATTORNEYS’ EYES ONLY” or “OUTSIDE COUNSEL 

RESTRICTED - SCHEMATICS” unless and until the Parties agree or the Court orders 

otherwise. 

4. I will not use any Designated Material for any purpose other than this litigation. 

5. I agree not to participate in the preparation or prosecution of any patent, patent 

application, inter partes review, post-grant review proceedings, or a patent in reexamination or 

reissue, or for drafting or revising a patent claim, related to the Relevant Technology that was filed, 

or that claims priority from an application that was filed, less than one year following the final 

termination of this action (including any appeals). 

6. I agree not to perform commercial hardware, software or product development 

work intended for commercial purposes for or on behalf of Intel’s past, current, or future direct 

Case 6:20-cv-00108-ADA Document 88-1 Filed 05/06/21 Page 15 of 17 Case 6:20-cv-00108-ADA Document 90 Filed 06/07/21 Page 15 of 17
16 

competitors or any entity which is attempting to commercialize a product in the same field as the 

produced OUTSIDE COUNSEL RESTRICTED – SCHEMATICS until one year following the 

final termination of this litigation (including any appeals).2

7. I agree to be subject to the authority of the United States District Court for Western 

District of Texas, or in the event of transfer, the authority of the transferee United States District 

Court, in the event of any dispute related to this certification. 

8. I state under penalty of perjury under the laws of the United States that the 

foregoing is true and correct. 

Executed on _________________, 20__. ______________________________ 

 Signature 

 

2 This paragraph reflects the Court’s rulings at the April 27, 2021 discovery teleconference. 

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Exhibit C 

LITIGATION MANAGER ACKNOWLEDGEMENT AND AGREEMENT 

TO BE BOUND BY PROTECTIVE ORDER 

I, ___________________________, state: 

1. I reside at ___________________________________________________. 

2. My present employer is ________________________________________. 

3. I have read the [Stipulated] Protective Order (“Order”) dated 

________________________, and understand and will abide by its terms. 

4. I meet the Order’s requirements for a Litigation Manager. 

5. I will not divulge any confidential information or material to persons other than 

those specifically authorized by the Order. I will not use Designated Material in any manner not 

expressly allowed by the Order. 

5. I agree to be subject to the authority of the United States District Court for the 

Western District of Texas, or in the event of transfer, the authority of the transferee United States 

District Court, in the event of any dispute related to this agreement. 

6. I state under penalty of perjury under the laws of the United States that the 

foregoing is true and correct. 

Executed on _________________, 20__. ______________________________ 

 Signature 

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