EXHIBIT 1

Case 6:20-cv-00496-ADA-DTG Document 237-1 Filed 10/24/22 Page 1 of 29
UNITED STATES DISTRICT COURT 

FOR THE WESTERN DISTRICT OF TEXAS 

WACO DIVISION 

WSOU INVESTMENTS, LLC D/B/A 

BRAZOS LICENSING AND 

DEVELOPMENT, 

Plaintiff, 

v. 

ZTE CORPORATION, 

Defendant.

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§ 

CIVIL ACTION 6:20-cv-00487-ADA 

CIVIL ACTION 6:20-cv-00488-ADA 

CIVIL ACTION 6:20-cv-00489-ADA 

CIVIL ACTION 6:20-cv-00490-ADA 

CIVIL ACTION 6:20-cv-00491-ADA 

CIVIL ACTION 6:20-cv-00493-ADA 

CIVIL ACTION 6:20-cv-00494-ADA 

CIVIL ACTION 6:20-cv-00495-ADA 

CIVIL ACTION 6:20-cv-00496-ADA 

CIVIL ACTION 6:20-cv-00497-ADA 

JURY TRIAL DEMANDED 

STIPULATED SUPPLEMENTAL PROTECTIVE ORDER BETWEEN NON-PARTY 

QUALCOMM INCORPORATED, PLAINTIFF, AND DEFENDANT 

WHEREAS, the Court entered a Protective Order to protect Party and Non-party 

confidential business information in the above referenced action on June 1, 2021 (“Protective 

Order”); and 

WHEREAS, WSOU Investments, LLC d/b/a Brazos Licensing and Development 

(“Plaintiff”); ZTE Corporation (“Defendant”) (together, hereinafter referred to as “the Parties”); 

and Qualcomm Incorporated (“QUALCOMM”), a non-party to this action, may produce 

confidential Source Code (as defined below) and other documents in this action that include or 

incorporate CONFIDENTIAL INFORMATION belonging to QUALCOMM (“QUALCOMM 

Confidential Information”); and 

WHEREAS the Parties and Non-Party QUALCOMM have agreed to provisions in addition 

to those contained in the Protective Order to protect against misuse or disclosure of such 

QUALCOMM Confidential Information: 

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THEREFORE, IT IS HEREBY ORDERED that Source Code (as defined below) or 

documents that incorporate QUALCOMM Confidential Information produced in connection with 

the above-captioned matter that are designated as “QUALCOMM – OUTSIDE ATTORNEYS’ 

EYES ONLY” and “QUALCOMM – OUTSIDE ATTORNEYS’ EYES ONLY –SOURCE 

CODE” shall be subject to the following restrictions: 

I. DEFINITIONS 

1. “QUALCOMM MATERIAL”: Confidential information (regardless of how 

generated, stored, or maintained) or tangible things that include or incorporate Non-Party 

QUALCOMM Confidential Information, that Non-Party QUALCOMM (i) would not normally 

reveal to third parties except in confidence, or has undertaken with others to maintain in 

confidence, (ii) believes in good faith is significantly sensitive, or (iii) protected by a right to 

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

confidentiality or privacy. QUALCOMM MATERIAL includes all information, documents, 

Source Code, and things produced, served, or otherwise provided in this action by any Party or by 

Non-Party QUALCOMM, that include or incorporate QUALCOMM Confidential Information. 

2. “QUALCOMM – OUTSIDE ATTORNEYS’ EYES ONLY” material: 

information, documents, and things that include or incorporate QUALCOMM MATERIAL. 

3. “Source Code”: means human-readable representations of actually completed, 

implemented, and/or realized software, firmware, and integrated circuits. Source Code includes, 

but is not limited to, programming language text, symbolic representations of integrated circuits 

(“Chip-Level Schematics”) or graphical depictions of physical configuration of semiconductor 

material within integrated circuit die or chip (“Integrated Circuit Layouts”). Source Code includes, 

but is not limited to, programming language text in “C,” “C++,” BREW, Java ME, J2ME, 

assembler, digital signal processor (“DSP”), Hardware Design Language (“HDL”), VHDL, or 

Verilog programming languages. Source Code in the form of programming language text shall be 

made available for inspection in ASCII text files. File formats within which Source Code in the 

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form of Chip-Level Schematics or Integrated Circuit Layouts may be made available for inspection 

include, but are not limited to, pdf file format. 

4. “QUALCOMM – OUTSIDE ATTORNEYS’ EYES ONLY –SOURCE CODE” 

Material: QUALCOMM MATERIAL that includes Source Code that constitute proprietary 

technical or commercially sensitive competitive information that Non-Party QUALCOMM 

maintains as highly confidential in its business, the disclosure of which is likely to cause harm to 

the competitive position of Non-Party QUALCOMM. 

5. “Designated QUALCOMM Material”: material that is designated “QUALCOMM 

– OUTSIDE ATTORNEYS’ EYES ONLY” or “QUALCOMM – OUTSIDE ATTORNEYS’ 

EYES ONLY –SOURCE CODE” under this Supplemental Protective Order. 

6. “Designated Source Code Material”: material that is designated “QUALCOMM 

– OUTSIDE ATTORNEYS’ EYES ONLY –SOURCE CODE” under this Supplemental 

Protective Order. 

7. “Personnel Retained by a Receiving Party in this Action” means any consultants, 

experts, or outside counsel (including their support staff) that have been and continue to be retained 

by a Receiving Party in this action. For the sake of clarity, any person who was retained by a 

Receiving Party in this action will no longer fall under this definition if that person ceases to be 

retained by a Receiving Party in this action. 

8. “Party” means any Party to the above-captioned action, including all of its officers, 

directors, employees, consultants, retained experts, and all support staff thereof. 

9. “Producing Party” means a party or non-party that discloses or produces Designated 

QUALCOMM Material in the above-captioned actions. 

10. “Receiving Party” a Party that receives Designated QUALCOMM Material from a 

Producing Party in the above-captioned actions. 

11. “Authorized Reviewer(s)” shall mean persons authorized to review “QUALCOMM 

– OUTSIDE ATTORNEYS’ EYES ONLY” and “QUALCOMM – OUTSIDE ATTORNEYS’ 

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EYES ONLY –SOURCE CODE” material in accordance with this Supplemental Protective Order 

and the Protective Order. 

12. “Counsel of Record”: (i) Outside Counsel who appears on the pleadings, or has 

entered an appearance in this action, as counsel for a Party, and (ii) partners, principals, counsel, 

associates, employees, and contract attorneys of such Outside Counsel to whom it is reasonably 

necessary to disclose the information for this litigation, including supporting personnel employed 

by the attorneys, such as paralegals, legal translators, legal secretaries, legal clerks and shorthand 

reporters. 

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

matter pertinent to the litigation who has been retained by Counsel of Record to serve as an expert 

witness or a litigation consultant in this action (including any necessary support personnel of such 

person to whom disclosure is reasonably necessary for this litigation), and who is not a current 

employee of a Party, of a competitor of a Party, or of Non-Party QUALCOMM, and who, at the 

time of retention, is not anticipated to become an employee of, or a non-litigation consultant of: 

1) a Party, 2) a competitor of a Party, 3) a competitor of Non-Party QUALCOMM, or of 4) NonParty QUALCOMM. 

14. “Professional Vendors”: persons or entities that provide litigation support services 

(e.g., photocopying; videotaping; translating; designing and preparing exhibits, graphics, or 

demonstrations; organizing, storing, retrieving data in any form or medium; etc.) and their 

employees and subcontractors who have been retained or directed by Counsel of Record in this 

action, and who are not current employees of a Party, a competitor of a Party, or of Non-Party 

QUALCOMM, and who, at the time of retention, are not anticipated to become employees of: 1) 

a Party, 2) a competitor of a Party, 3) a competitor of Non-Party QUALCOMM, or 4) Non-Party 

QUALCOMM. This definition includes ESI vendors, and professional jury or trial consultants 

retained in connection with this litigation to assist a Party, Counsel of Record, or any Outside 

Consultant in their work. Professional vendors do not include consultants who fall within the 

definition of Outside Consultant. 

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II. RELATIONSHIP TO PROTECTIVE ORDER 

15. This Supplemental Protective Order shall not diminish any existing restriction with 

respect to Designated QUALCOMM Material. The Parties and QUALCOMM acknowledge and 

agree that this Supplemental Protective Order is a supplement to the Protective Order entered in 

this action on June 1, 2021 in the United States District Court, Western District of Texas, Waco 

Division, in this action. 

16. The Protective Order applies to all material designated pursuant to this 

Supplemental Protective Order. To the extent that there is any confusion or conflict between 

protective orders with respect to Designated QUALCOMM Material, then this Supplemental 

Protective Order governs. 

17. In addition to the restrictions outlined in this Supplemental Protective Order, 

material designated as “QUALCOMM – OUTSIDE ATTORNEYS’ EYES ONLY –SOURCE 

CODE” shall be subject to obligations with respect to “CONFIDENTIAL - SOURCE CODE” 

materials outlined in the Protective Order. 

18. In addition to the restrictions outlined in this Supplemental Protective Order, 

material designated as “QUALCOMM – OUTSIDE ATTORNEYS’ EYES ONLY” shall be 

subject to obligations with respect to “CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES 

ONLY” material outlined in the Protective Order. 

III. SCOPE 

19. The protections conferred by this Supplemental Protective Order cover not only 

Designated QUALCOMM Material (as defined above), but also any information copied or 

extracted therefrom, as well as all copies, excerpts, summaries, or compilations thereof. Nothing 

herein shall alter or change in any way the discovery provisions of the Federal Rules of Civil 

Procedure or any applicable local rules or Court Orders. Identification of any individual pursuant 

to this Supplemental Protective Order does not make that individual available for deposition, or 

any other form of discovery outside of the restrictions and procedures of the Federal Rules of Civil 

Procedure or any applicable rules or Court Orders. 

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20. This Supplemental Protective Order shall not prevent a disclosure to which NonParty QUALCOMM consents in writing before that disclosure takes place. 

21. This Supplemental Protective Order shall apply to all Designated QUALCOMM 

Material that is produced or provided for inspection in this action, including all Designated 

QUALCOMM Material that is in the possession, custody or control of Non-party QUALCOMM 

or any Party in this action, or that is otherwise relevant to this action. 

IV. ACCESS TO DESIGNATED QUALCOMM MATERIAL 

22. Access to “QUALCOMM – OUTSIDE ATTORNEYS’ EYES ONLY” Material: 

Unless otherwise ordered by the Court or permitted in writing by Non-Party QUALCOMM, a 

Receiving Party may disclose any information, document or thing designated “QUALCOMM – 

OUTSIDE ATTORNEYS’ EYES ONLY” only to: 

a. Persons who appear on the face of Designated QUALCOMM Material as 

an author, addressee or recipient thereof, or persons who have been 

designated under FRCP 30(b)(6) to provide testimony on behalf of a 

Producing Party; 

b. Counsel of Record; 

c. Outside Consultants of the Receiving Party to whom disclosure is 

reasonably necessary for this action, and who have, after the date of this 

Supplemental Protective Order, signed the “Acknowledgement And 

Agreement To Be Bound By Supplemental Protective Order Governing 

Confidential Information of Non-Party Qualcomm In This Case” attached 

hereto as Exhibit A, and the “Certification Of Consultant Re Supplemental 

Protective Order Governing Confidential Information of Non-Party 

Qualcomm In This Case,” attached hereto as Exhibit B; 

d. Any designated arbitrator or mediator who is assigned to hear this matter, 

or who has been selected by the Parties, and his or her staff; who have, after 

the date of this Supplemental Protective Order, signed the 

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“Acknowledgement And Agreement To Be Bound By Supplemental 

Protective Order Governing Confidential Information of Non-Party 

Qualcomm In This Case” attached hereto as Exhibit A, and the 

“Certification Of Consultant Re Supplemental Protective Order Governing 

Confidential Information of Non-Party Qualcomm In This Case,” attached 

hereto as Exhibit B, as well as any arbitrator’s or mediator’s staff who have 

also signed Exhibits A and B; 

e. Court reporters and videographers employed in connection with this action; 

and 

f. Professional Vendors to whom disclosure is reasonably necessary for this 

action, and a representative of which has signed the “Acknowledgement 

And Agreement To Be Bound By Supplemental Protective Order 

Governing Confidential Information of Non-Party Qualcomm In This Case” 

attached hereto as Exhibit A, subject to the following exception: 

Designated QUALCOMM Material shall not be disclosed to mock jurors 

without Non-Party QUALCOMM’s express written consent; 

g. The Court, its personnel and the jury. 

23. Access to “QUALCOMM – OUTSIDE ATTORNEYS’ EYES ONLY –SOURCE 

CODE” Material: Unless otherwise ordered by the Court or permitted in writing by Non-Party 

QUALCOMM, a Receiving Party may disclose any information, document, or thing designated 

“QUALCOMM – OUTSIDE ATTORNEYS’ EYES ONLY –SOURCE CODE” only to: 

a. Persons who appear on the face of Designated QUALCOMM Material as 

an author, addressee or recipient thereof, or persons who have been 

designated under FRCP 30(b)(6) to provide testimony of behalf of a 

Producing Party or Qualcomm regarding the same; 

b. Counsel of Record; 

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c. Outside Consultants of the Receiving Party to whom disclosure is 

reasonably necessary for this litigation, and who have, after the date of this 

Supplemental Protective Order, signed the “Acknowledgement And 

Agreement To Be Bound By Supplemental Protective Order Governing 

Confidential Information of Non-Party Qualcomm In This Case” attached 

hereto as Exhibit A, and the “Certification Of Consultant Re Supplemental 

Protective Order Governing Confidential Information of Non-Party 

Qualcomm In This Case,” attached hereto as Exhibit B; 

d. Any designated arbitrator or mediator who is assigned to hear this matter, 

or who has been selected by the Parties, and his or her staff; who have, after 

the date of this Supplemental Protective Order, signed the 

“Acknowledgement And Agreement To Be Bound By Supplemental 

Protective Order Governing Confidential Information of Non-Party 

Qualcomm In This Case” attached hereto as Exhibit A, and the 

“Certification Of Consultant Re Supplemental Protective Order Governing 

Confidential Information of Non-Party Qualcomm In This Case,” attached 

hereto as Exhibit B, as well as any arbitrator’s or mediator’s staff who have 

also signed Exhibits A and B, provided, however, that before such 

disclosure, QUALCOMM is provided notice including: (a) the individual’s 

name and business title; (b) business address; (c) business or professions; 

and (d) the individual’s CV. QUALCOMM shall have five (5) business 

days from receipt of the notice to object in writing to such disclosure (plus 

three (3) extra days if notice is given other than by hand delivery, e-mail 

delivery or facsimile transmission). After the expiration of the 5 business 

days (plus 3 days, if appropriate) period, if no objection has been asserted, 

then “QUALCOMM – OUTSIDE ATTORNEYS’ EYES ONLY –

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SOURCE CODE” materials may be disclosed pursuant to the terms of this 

Supplemental Protective Order; 

e. Court reporters and videographers employed in connection with this action, 

subject to the provisions provided in subparagraph 32(g) herein; 

f. Professional Vendors to whom disclosure is reasonably necessary for this 

action, and a representative of which has signed the “Acknowledgement 

And Agreement To Be Bound By Supplemental Protective Order 

Governing Confidential Information of Non-Party Qualcomm In This Case” 

attached hereto as Exhibit A, subject to the following exception: Designated 

QUALCOMM Material shall not be disclosed to mock jurors without NonParty QUALCOMM’s express written consent; and 

g. The Court, its personnel and the jury. 

24. Notwithstanding the Protective Order, unless otherwise ordered or agreed in 

writing by Non-Party QUALCOMM, Designated QUALCOMM Material may not be disclosed to 

employees of a Receiving Party, including its in-house attorneys and support staff. 

25. Notwithstanding the Protective Order, unless otherwise ordered or agreed in 

writing by Non-Party QUALCOMM, Designated QUALCOMM Material may not be disclosed to 

mock jurors. 

26. The Parties acknowledge that Designated QUALCOMM Material also may be 

subject to the US government export control and economic sanctions laws (“Export Controlled 

Information”), including the Export Administration Regulations (“EAR”, 15 CFR 730 et seq., 

http://www.bis.doc.gov/ ) administered by the Department of Commerce, Bureau of Industry and 

Security, and the Foreign Asset Control Regulations (31 CFR 500 et seq., 

http://www.treas.gov/offices/enforcement/ofac/) administered by the Department of Treasury, 

Office of Foreign Assets Control (“OFAC”). Receiving Parties may not directly or indirectly 

export, re-export, transfer or release (collectively, “Export”) any Designated QUALCOMM 

Material to any destination, person, entity or end use prohibited or restricted under US law without 

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prior US government authorization to the extent required by regulation. The US government 

maintains embargoes and sanctions against the countries listed in Country Groups E:1/2 of the 

EAR (Supplement 1 to part 740) Export Controlled Information disclosed in this action will be 

used only for the purposes of this action. Outside Counsel or other individuals authorized to 

receive Export Controlled Information will not disclose, export, or transfer, in any manner, Export 

Controlled Information to any foreign person except as permitted by U.S. law, and will not 

transport any such document outside of U.S. territory, without prior written approval of the Bureau 

of Industry and Security or other appropriate U.S. government department or agency, except as 

permitted by U.S. law. 

27. Receiving Party may host “QUALCOMM – OUTSIDE ATTORNEYS’ EYES 

ONLY” Material only on either 1) any system inside the firewall of a law firm representing the 

Receiving Party, or 2) inside the system of a professional ESI Vendor retained by Counsel of 

Record of the Receiving Party. “QUALCOMM – OUTSIDE ATTORNEYS’ EYES ONLY” 

Material also cannot be sent or transmitted to any person, location, or vendor outside of the United 

States except to Counsel of Record and Outside Consultants designated pursuant to subparagraphs 

22(c) and 23(c) above. To the extent that any “QUALCOMM – OUTSIDE ATTORNEYS’ EYES 

ONLY” Material is transmitted from or to authorized recipients outside of the Receiving Party’s 

Outside Counsel’s office, or outside of the ESI Vendor’s system, the transmission shall be by hand 

(and encrypted if in electronic format), by a secure transport carrier (e.g., Federal Express), or by 

secure electronic means, such as email using an encrypted password protected container (other 

than Trucrypt), or download via secure FTP. “QUALCOMM – OUTSIDE ATTORNEYS’ EYES 

ONLY –SOURCE CODE” may not be transmitted by electronic means; however, this should not 

be understood to prohibit the electronic transmittal of testifying experts’ expert reports or drafts, 

court filings, and trial demonstratives, thereof that may refer to QUALCOMM – OUTSIDE 

ATTORNEYS’ EYES ONLY –SOURCE CODE, subject to the limitations set forth in Section 

32(g) herein, and as long as such electronic transmittal is by secure electronic means, such as email 

using an encrypted password protected container (other than Trucrypt), or download via secure 

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FTP. Court filings containing QUALCOMM – OUTSIDE ATTORNEYS’ EYES ONLY and 

QUALCOMM – OUTSIDE ATTORNEYS’ EYES ONLY –SOURCE CODE may be submitted 

via the Court’s ECF filing system subject to the limitations set forth in Section 32(g) herein. 

28. Each person to whom Designated QUALCOMM Material may be disclosed, and 

who is required to sign the “Acknowledgement And Agreement To Be Bound By Supplemental 

Protective Order Governing Confidential Information of Non-Party Qualcomm In This Case” 

attached hereto as Exhibit A and, if applicable, the “Certification Of Consultant Re Supplemental 

Protective Order Governing Confidential Information of Non-Party Qualcomm In This Case,” 

attached hereto as Exhibit B, shall do so, prior to the time such Designated QUALCOMM Material 

is disclosed to him or her. Counsel for the Receiving Party who makes any disclosure of 

Designated QUALCOMM Material shall retain each original executed certificate and, upon 

written request, shall provide copies to counsel for Non-Party QUALCOMM at the termination of 

this action. 

29. Absent written permission from Non-Party QUALCOMM, persons not permitted 

access to Designated QUALCOMM Material under the terms of this Supplemental Protective 

Order shall not be present at depositions while Designated QUALCOMM Material is discussed or 

otherwise disclosed. Pre-trial and trial proceedings shall be conducted in a manner, subject to the 

supervision of the Court, to protect Designated QUALCOMM Material from disclosure to persons 

not authorized to have access to such Designated QUALCOMM Material. Any Party intending to 

disclose or discuss Designated QUALCOMM Material at pretrial or trial proceedings must give 

advance notice to the Producing Party to assure the implementation of the terms of this 

Supplemental Protective Order. 

V. ACCESS BY OUTSIDE CONSULTANTS 

30. Notice. If a Receiving Party wishes to disclose Designated QUALCOMM Material 

to any Outside Consultant, Receiving Party must, prior to the Outside Consultant being granted 

access to any Designated QUALCOMM Material, provide notice to counsel for Non-Party 

QUALCOMM, which notice shall include: (a) the individual’s name and business title; (b) country 

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of citizenship; (c) business address; (d) business or profession; (e) the individual’s CV; (f) any 

previous or current relationship (personal or professional) with Non-Party QUALCOMM or any 

of the Parties to this action; (g) a list of other cases in which the individual has testified (at trial or 

deposition) within the last six years; (h) a list of all companies with which the individual has 

consulted or by which the individual has been employed within the last four years, the dates of the 

consultancy or employment, a brief description of the subject matter of the consultancy or 

employment, and (i) copies of the “Acknowledgement and Agreement To Be Bound By 

Supplemental Protective Order Governing Confidential Information of Non-Party Qualcomm In 

This Case,” attached as Exhibit A, and the “Certification Of Consultant Re Supplemental 

Protective Order Governing Confidential Information of Non-Party Qualcomm In This Case,” 

attached hereto as Exhibit B, that have both been signed by that Outside Consultant. 

31. Objections. With respect to Outside Consultants that have not been previously 

disclosed to Non-Party QUALCOMM, Non-Party QUALCOMM shall have five (5) business 

days, starting from the first business day following the date upon which Receiving Party provides 

the notice and all information required by paragraph 30 to the Producing Party, to object for good 

cause in writing to such disclosure (plus three (3) extra days if notice is given in any manner other 

than by hand delivery, e-mail delivery or facsimile transmission). After the expiration of the 5 

business days (plus 3-days, if appropriate) period, if no objection for good cause has been asserted 

by Non-Party QUALCOMM, then Designated QUALCOMM Material may be disclosed to the 

Outside Consultant pursuant to the terms of this Supplemental Protective Order. Any objection 

by Non-Party QUALCOMM must be made for good cause, and must set forth in detail the grounds 

on which it is based. Should Receiving Party disagree with the basis for the objection(s), Receiving 

Party must first attempt to resolve the objection(s) informally with Non-Party QUALCOMM. If 

the informal efforts do not resolve the dispute within five (5) business days from the date upon 

which Receiving Party was first notified of any objection for good cause by Non-Party 

QUALCOMM, Receiving Party may file a motion requesting that the objection(s) be quashed after 

that five (5) day period has passed. Non-Party Qualcomm shall have the burden of proof on the 

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issue of the sufficiency of the objection(s). Pending a ruling by the Court upon any such 

objection(s), or the subsequent resolution of the objection for good cause by Receiving Party and 

Non-Party QUALCOMM, the discovery material shall not be disclosed to the person objected to 

by Non-Party QUALCOMM. 

VI. PRODUCTION OF QUALCOMM – OUTSIDE ATTORNEYS’ EYES ONLY –

SOURCE CODE MATERIAL 

32. Non-Party QUALCOMM’s Source Code: 

a. To the extent that a Producing Party makes Non-Party QUALCOMM’s 

Source Code available for inspection: 

 (i) The Producing Party shall make all relevant and properly 

requested Non-Party QUALCOMM Source Code available electronically 

and in text searchable form (1) if produced by Non-Party QUALCOMM, in 

a separate room at a secure facility selected by Non-Party QUALCOMM or 

(2) if produced by Defendants, at the offices of Counsel of Record for the 

producing Defendant or at a secure facility approved by QUALCOMM. 

The Producing Party shall make the Source Code available for inspection 

on a stand-alone, non-networked personal computer running a reasonably 

current version of the Microsoft Windows operating system (“Source Code 

Computer”). Alternatively, solely at the option of the Producing Party, the 

Producing Party may make such source code available on a Source Code 

Computer that is networked, in a configuration deemed secure by Non-Party 

QUALCOMM. The Source Code Computer shall be configured to permit 

review of the Source Code through a password-protected account having 

read-only access. To facilitate review of the Source Code at the secure 

facility, the Receiving Party may use appropriate tool software on the 

Source Code Computer, which shall be installed by the Producing Party, 

including at least one text editor like Visual Slick Edit that is capable of 

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printing out Source Code with page and/or line numbers, a source code 

comparison tool like Winmerge, and at least one multi-text file text search 

tool such as “grep.” Should it be necessary, other mutually agreed upon 

tools may be used. Licensed copies of other mutually agreed upon tool 

software shall be installed on the Source Code Computer by the Producing 

Party and paid for by the Receiving Party. 

(ii) In the event a Producing Party makes Chip-Level Schematics or 

Integrated Circuit Layouts available for review, the Producing Party shall 

ensure that the Source Code Computers include software sufficient to allow 

a user to view such types of Source Code. 

b. The Producing Party shall provide access to the Source Code Computer 

during the normal operating hours of the secure facility. 

c. The Source Code Computers shall be equipped to print PDF copies of the 

Source Code so that the Receiving Party can designate the Source Code for 

which it would like hard-copy printouts which shall be printed by the 

Producing Party on watermarked pre-Bates numbered paper after the review. 

Additionally, the Receiving Party may not print any continuous block of 

source code that results in more than 50 consecutive printed pages, except 

that Authorized Reviewer(s) may request the printing of a continuous block 

of more than 50 pages, which request shall not be unreasonably denied by 

the Producing Party. Counsel for the Producing Party will keep the original 

printouts, and shall provide copies of such original printouts to counsel for 

the Receiving Party within seven (7) days of (1) any request by the 

Receiving Party, or (2) otherwise being notified that such original printouts 

have been made or designated. Counsel of Record for the Receiving Party 

may request up to 10 copies of each original printout of Source Code. No 

more than 500 original printouts of Source Code for any software release or 

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hardware product may be in printed form at any one time, without the 

express written consent of Non-Party QUALCOMM, which shall not be 

unreasonably denied. All printed Source Code shall be logged by Receiving 

Party’s Counsel of Record and/or other Personnel Retained by a Receiving 

Party in this action as noted in subparagraph 32 (i) below. No additional 

electronic copies of the Source Code shall be provided by the Producing 

Party. Hard copies of the Source Code also may not be converted into an 

electronic document, and may not be scanned using optical character 

recognition (“OCR”) technology. Only printouts of Source Code may be 

made, and such printouts, where made of programming language text, must 

include (1) directory path information and filenames from which the Source 

Code came and (2) line numbers. The Producing Party may refuse to 

provide copies of Source Code printouts that fail to comply with this 

section. 

d. Authorized Reviewer(s) in this action shall not print Source Code which 

have not been reviewed on the Source Code Computer, or in order to review 

the Source Code elsewhere in the first instance, i.e., as an alternative to 

reviewing that Source Code electronically on the Source Code Computer, 

as the Parties and QUALCOMM acknowledge and agree that the purpose 

of the protections herein would be frustrated by such actions. 

e. Authorized Reviewer(s) are prohibited from bringing outside electronic 

devices, including but not limited to laptops, floppy drives, zip drives, or 

other hardware into the secure room, except as outlined in Paragraph 32(f). 

Nor shall any cellular telephones, personal digital assistants (PDAs), 

Blackberries, cameras, voice recorders, Dictaphones, external or portable 

telephone jacks or other outside electronic devices be permitted inside the 

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secure room, except for medical devices, implants, or equipment reasonably 

necessary for any legitimate medical reason. 

f. If any Authorized Reviewer(s) reviewing Non-Party QUALCOMM’s 

Source Code seeks to take notes, all such notes will be taken on bound 

(spiral or other type of permanently bound) notebooks. No loose paper or 

other paper that can be used in a printer may be brought into the secure room. 

In addition to taking notes on bound notebooks, an Authorized Reviewer 

may also bring a USB memory device to the secure room, to be inserted into 

a notetaking laptop computer provided by the Producing Party or the 

Producing Party’s vendor. The notetaking laptop computer shall be 

configured with Microsoft Word, such that the Reviewing Party can create 

or modify documents directly on the USB memory device plugged into the 

notetaking laptop computer. The Receiving Party shall encrypt any file on 

the USB memory device that contains confidential material subject to this 

Supplemental Protective Order using Microsoft Word’s “Encrypt with 

Password” functionality accessible through the File->Info->Protect 

Document menu in Microsoft Word. The Receiving Party’s Outside 

Counsel and/or experts may not copy the Source Code Material into the 

notes and may not take such notes electronically on the Source Code 

Computer itself. Unless otherwise agreed in advance by the Parties in 

writing, following each day on which inspection is done under this Order, 

the Receiving Party’s Outside Counsel and/or experts shall remove all notes, 

documents, USB memory devices, and all other materials from the Source 

Code Review Room. The Producing Party shall not be responsible for any 

items left in the room following each inspection session, and the Receiving 

Party shall have no expectation of confidentiality for any items left in the 

Case 6:20-cv-00496-ADA-DTG Document 237-1 Filed 10/24/22 Page 17 of 29
17 

room following each inspection session without a prior agreement to that 

effect. 

g. If Qualcomm’s Source Code is quoted or set forth in a confidential pleading, 

infringement contention, or expert report, the Party including the Source 

Code will limit the amount of such Source Code to what is reasonably 

necessary for the party to make its point and will designate such documents 

QUALCOMM - OUTSIDE ATTORNEYS’ EYES ONLY –SOURCE 

CODE. Absent Qualcomm’s consent (which will not be unreasonably 

withheld), an excerpt of programming language text will not exceed five (5) 

continuous lines of code, and an excerpt of Chip-Level Schematics or 

Integrated Circuit Layouts will not exceed five (5) sequential pages of 

printouts of such material. 

Except as approved by QUALCOMM, longer excerpts shall not be copied 

for use in court documents but shall be referred to by citation to production 

page numbers and lines. A Receiving Party shall provide notice to 

QUALCOMM or its counsel for each occasion on which it submits portions 

of Designated Source Code Material in a pleading or other Court document. 

In the event copies of Source Code printouts are used as exhibits in a 

deposition or trial, printouts shall not be provided to the court reporter, and 

the further copies of the original QUALCOMM Source Code printouts 

made for the deposition or trial shall be destroyed at the conclusion of the 

deposition or trial. The original copies of deposition exhibits designated 

“QUALCOMM – OUTSIDE ATTORNEYS’ EYES ONLY –SOURCE 

CODE” will be maintained by the deposing party under the terms set forth 

in this Supplemental Protective Order. 

h. In addition to other reasonable steps to maintain the security and 

confidentiality of Non-Party QUALCOMM’s Source Code, printed copies 

Case 6:20-cv-00496-ADA-DTG Document 237-1 Filed 10/24/22 Page 18 of 29
18 

of the Designated Source Code Material maintained by the Receiving Party 

must be kept in a locked storage container when not being actively reviewed 

or otherwise being transferred as permitted by the Protective Order and/or 

this Supplemental Protective Order. 

i. The Receiving Party’s Counsel of Record shall keep log(s) recording the 

identity of each individual to whom each hard copy of each Producing 

Party’s QUALCOMM Source Code is provided and when it was provided 

to that person in the first instance, and within thirty (30) days after the 

issuance of a final, non-appealable decision resolving all issues in this 

action, the Receiving Party must serve upon Non-Party QUALCOMM the 

log. In addition, any Outside Consultants of the Receiving Party to whom 

the paper copies of the QUALCOMM Source Code were provided must 

certify in writing that all copies of the QUALCOMM Source Code were 

destroyed or returned to the counsel who provided them the information and 

that they will make no use of the Source Code, or of any knowledge gained 

from the source code in any future endeavor. 

VII. PROCEDURE FOR DESIGNATING MATERIALS 

33. Subject to the limitations set forth in the Protective Order and in this Supplemental 

Protective Order, any Party or Non-Party QUALCOMM may: designate as “QUALCOMM – 

OUTSIDE ATTORNEYS’ EYES ONLY” or information that it believes, in good faith, meets the 

definition set forth in paragraph 2 above; and designate as “QUALCOMM – OUTSIDE 

ATTORNEYS’ EYES ONLY –SOURCE CODE” information that it believes, in good faith, meets 

the definition set forth in paragraph 5 above. 

34. Except as provided above in paragraph 32 with respect to “QUALCOMM – 

OUTSIDE ATTORNEYS’ EYES ONLY –SOURCE CODE” Material, any material, including 

(including physical objects) made available by Non-Party QUALCOMM for initial inspection by 

counsel for the Receiving Party prior to producing copies of selected items shall initially be 

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considered, as a whole, to constitute “QUALCOMM – OUTSIDE ATTORNEYS’ EYES ONLY” 

information, and shall be subject to this Order. Thereafter, Non-Party QUALCOMM shall have 

seven (7) calendar days from the inspection to review and designate the appropriate documents as 

“QUALCOMM – OUTSIDE ATTORNEYS’ EYES ONLY” prior to furnishing copies to the 

Receiving Party. 

35. Designation in conformity with the Protective Order and this Supplemental 

Protective Order shall be made as follows: 

a. For information in documentary (including “electronically stored 

information”) form (apart from transcripts of depositions or other pretrial or 

trial proceedings): the Designating Party shall affix the legend 

“QUALCOMM – OUTSIDE ATTORNEYS’ EYES ONLY” or 

“QUALCOMM – OUTSIDE ATTORNEYS’ EYES ONLY –SOURCE 

CODE” conspicuously on each page that contains Protected Material. 

 A party or non-party that makes original documents or materials 

available for inspection need not designate them for protection until after 

the Receiving Party has indicated which material it would like copied or 

produced. Before and during the inspection, all material made available for 

inspection shall be deemed “QUALCOMM – OUTSIDE ATTORNEYS’ 

EYES ONLY.” After the Receiving Party has identified the documents it 

wants copied and produced, the Producing Party must determine which 

documents, or portions thereof, qualify for protection under this Order and, 

before producing the specified documents, the Producing Party must affix 

the appropriate legend to each page that contains Designated QUALCOMM 

Material. 

b. For Testimony Given in Deposition: For deposition transcripts, the 

Designating Party shall specify any portions of the testimony that it wishes 

to designate, by line and page number, no later than 20 business days after 

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the final transcript of the deposition has been received. The Party or NonParty may identify the entirety of the transcript as “QUALCOMM – 

OUTSIDE ATTORNEYS’ EYES ONLY” or “QUALCOMM – OUTSIDE 

ATTORNEYS’ EYES ONLY –SOURCE CODE,” but all deposition 

transcripts not designated during the deposition will nonetheless be treated 

as “QUALCOMM – OUTSIDE ATTORNEYS’ EYES ONLY” or 

“QUALCOMM – OUTSIDE ATTORNEYS’ EYES ONLY –SOURCE 

CODE,” until the time within which it may be appropriately designated as 

provided for herein has passed. Any Protected Material that is used in the 

taking of a deposition shall remain subject to the provisions of this 

Supplemental Protective Order and the Protective Order in these actions, 

along with the transcript pages of the deposition testimony dealing with 

such Protected Material. In such cases the court reporter shall be informed 

of this Supplemental Protective Order and shall be required to operate in a 

manner consistent with this Supplemental Protective Order. Transcript 

pages containing Designated Material must be separately bound by the court 

reporter, who must affix to the top of each such page the legend 

“QUALCOMM – OUTSIDE ATTORNEYS’ EYES ONLY” and/or 

“QUALCOMM – OUTSIDE ATTORNEYS’ EYES ONLY –SOURCE 

CODE.” An encrypted, password protected copy of deposition transcripts 

containing Designated Qualcomm Material made pursuant to this paragraph 

may be hosted electronically by the Receiving Party on any system inside 

the firewall of a law firm representing the Receiving Party, however, all 

other restrictions in this Supplemental Protective Order pertaining to 

Designated Source Code Material apply. In the event the deposition is 

videotaped, the original and all copies of the videotape shall be marked by 

the video technician to indicate that the contents of the videotape are subject 

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21 

to this Supplemental Protective Order and the Protective Order, 

substantially along the lines of “This videotape contains confidential or 

outside counsel eyes only confidential testimony used in this case and is not 

to be viewed or the contents thereof to be displayed or revealed except 

pursuant to the terms of the operative protective orders in this matter or 

pursuant to written stipulation of the parties.” Counsel for any Designating 

Party shall have the right to exclude from oral depositions, other than the 

deponent, deponent’s counsel, and the reporter and videographer (if any), 

any person who is not authorized by the Protective Orders in this action to 

receive or access Protected Material based on the designation of such 

Protected Material. 

c. For information produced in some form other than documentary, and for 

any other tangible items, the Designating Party shall affix, in a prominent 

place on the exterior of the medium, container or containers in which the 

information or item is stored, the appropriate legend. 

d. The provisions of subparagraphs 35 (a-c) do not apply to documents 

produced in native format. For documents produced in native format, the 

parties shall provide written notice to the Receiving Party of any 

confidentiality designations at the time of production. 

VIII. USE OF DESIGNATED QUALCOMM MATERIAL 

36. Use of Designated QUALCOMM Material By Receiving Party: Unless otherwise 

ordered by the Court, or agreed to in writing by Non-Party QUALCOMM, all Designated 

QUALCOMM Material, and all information derived therefrom, shall be used by the Receiving 

Party only for purposes of this action, and shall not be used in any other way, or for any other 

purpose, including the acquisition, preparation or prosecution before the Patent office of any 

patent, patent application, for drafting or revising patent claims, or in connection with patent 

licensing or product development work directly or indirectly intended for commercial purposes 

Case 6:20-cv-00496-ADA-DTG Document 237-1 Filed 10/24/22 Page 22 of 29
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related to the particular technologies or information disclosed in the Designated QUALCOMM 

Material. Information contained or reflected in Designated QUALCOMM Material shall not be 

disclosed in conversations, presentations by parties or counsel, in court or in other settings that 

might reveal Designated QUALCOMM Material, except in accordance with the terms of the 

Protective Order or this Supplemental Protective Order. No Designated QUALCOMM Material 

shall be transmitted or transported outside of the United States, communicated to any recipient 

who is located outside of the United States, or communicated to any recipient who is not a citizen 

or lawful permanent resident of the United States for any purpose whatsoever without the express 

written permission of QUALCOMM. Nothing in this Supplemental Protective Order shall prohibit 

the transmission or communication of Designated QUALCOMM Material between or among 

qualified recipients located in the United States who are citizens or lawful permanent residents of 

the United States, by hand delivery or, subject to the other requirements of this Supplemental 

Protective Order, by telephone, facsimile, or other electronic transmission system, where, under 

the circumstances, there is no reasonable likelihood that the transmission will be intercepted or 

misused by any person who is not an Authorized Reviewer. 

37. Use of Designated QUALCOMM Material by Non-Party QUALCOMM: Nothing 

in this Supplemental Protective Order shall limit Non-Party QUALCOMM’s use of its own 

documents and information, nor shall it prevent Non-Party QUALCOMM from disclosing its own 

confidential information, documents or things to any person. Such disclosure shall not affect any 

designations made pursuant to the terms of this Supplemental Protective Order, so long as the 

disclosure is made in a manner that is reasonably calculated to maintain the confidentiality of the 

information. 

38. Use of Designated QUALCOMM Material at Deposition: Non-Party 

QUALCOMM shall, on request prior to the deposition, make a searchable electronic copy of the 

QUALCOMM Source Code available on a stand-alone computer connected to a printer during 

depositions of QUALCOMM personnel otherwise permitted access to such Source Code. To the 

extent required, the party conducting the deposition may print additional pages of Source Code 

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printouts to be marked as exhibits at such depositions consistent with other provisions and 

limitations of the Protective Order and this Supplemental Protective Order. Except as may be 

otherwise ordered by the Court, any person may be examined as a witness at depositions and trial, 

and may testify concerning all Designated QUALCOMM Material of which such person has prior 

knowledge. 

39. Use of Designated QUALCOMM Material at Hearing or Trial: The parties will 

give Non-Party QUALCOMM prior notice of, and an opportunity to object to, any intended use 

of the Designated QUALCOMM Material at any hearing or trial in this case. Said notice shall (a) 

be served by facsimile or email on counsel for Non-Party QUALCOMM at least five (5) business 

days prior to the hearing or first day of trial, (b) identify the Designated QUALCOMM Material 

with specificity while redacting any other Party’s Confidential Business Information and (c) 

identify the measures the party intends to rely upon to protect the Designated QUALCOMM 

Material when used at any hearing or trial consistent with this Supplemental Protective Order. 

This section shall not limit in any way the use of Designated QUALCOMM Material during the 

cross-examination of any witness otherwise permitted access to such Designated QUALCOMM 

Material, as long as the parties take all necessary steps to protect and maintain the confidentiality 

of any such Designated QUALCOMM Material. 

IX. PROSECUTION AND DEVELOPMENT BAR 

40. Unless otherwise permitted in writing between Producing Party and Receiving 

Party, any individual who personally receives, other than on behalf of Producing Party, any 

material designated “QUALCOMM – OUTSIDE ATTORNEYS’ EYES ONLY” or 

“QUALCOMM – OUTSIDE ATTORNEYS’ EYES ONLY –SOURCE CODE” shall not 

participate in amending or drafting patent specifications or claims before a Patent Office of any 

patent or patent application related to the information disclosed in the Designated QUALCOMM 

Material, from the time of receipt of such material through the date the individual person(s) cease 

to have access to materials designated “QUALCOMM – OUTSIDE ATTORNEYS’ EYES 

ONLY” or “QUALCOMM – OUTSIDE ATTORNEYS’ EYES ONLY –SOURCE CODE,” as 

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well as any materials that contain or disclose Designated QUALCOMM Material. This provision 

shall not apply to post-grant proceedings, including without limitation reexamination, covered 

business method (CBM), inter partes review (IPR) post grant review (PGR) or opposition 

proceedings. 

41. Unless otherwise permitted in writing between Non-Party QUALCOMM and 

Receiving Party, any Outside Consultant retained on behalf of Receiving Party who is to be given 

access to Non-Party QUALCOMM’s documents or Source Code designated as “QUALCOMM – 

OUTSIDE ATTORNEYS’ EYES ONLY” or “QUALCOMM – OUTSIDE ATTORNEYS’ EYES 

ONLY –SOURCE CODE” must agree in writing, using the form in Exhibit B, not to perform 

hardware or software development work or product development work directly or indirectly 

intended for commercial purposes related to the information disclosed in the Designated 

QUALCOMM Material, which is not publicly known, from the time of first receipt of such 

material through the date the expert consultant ceases to have access to any material designated 

“QUALCOMM – OUTSIDE ATTORNEYS’ EYES ONLY” or “QUALCOMM – OUTSIDE 

ATTORNEYS’ EYES ONLY –SOURCE CODE,” as well as any materials that contain or disclose 

Designated QUALCOMM Material. 

X. DESIGNATED QUALCOMM MATERIAL SUBPOENAED OR ORDERED 

PRODUCED IN OTHER LITIGATION 

42. If a Receiving Party is served with a subpoena or a court order that would compel 

disclosure of any information, documents or things designated in this action as “QUALCOMM – 

OUTSIDE ATTORNEYS’ EYES ONLY” or “QUALCOMM –OUTSIDE ATTORNEYS’ EYES 

ONLY –SOURCE CODE,” Receiving Party must notify the Producing Party and Non-Party 

QUALCOMM of such information, documents or things, in writing (by fax and email) promptly, 

and in no event more than ten (10) calendar days after receiving the subpoena or order. Such 

notification must include a copy of the subpoena or order. Receiving Party also must immediately 

inform, in writing, the party who caused the subpoena or order to issue that some or all of the 

material covered by the subpoena or order is subject to this Supplemental Protective Order and the 

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Protective Order. In addition, the Receiving Party must provide a copy of this Supplemental 

Protective Order and the Protective Order promptly to the party in the other action that caused the 

subpoena or order to issue. The purpose of imposing these duties is to alert the interested parties 

to the existence of this Supplemental Protective Order and the Protective Order, and to afford the 

Party whose Designated QUALCOMM Material in this case is at issue in the other case an 

opportunity to try to protect its confidentiality interests in the court from which the subpoena or 

order issued. Producing Party shall bear the burdens and the expenses of seeking protection in that 

court of its Designated QUALCOMM Material. Nothing in these provisions should be construed 

as authorizing or encouraging any Receiving Party in this action to disobey a lawful directive from 

another court. 

XI. UNAUTHORIZED DISCLOSURE OF DESIGNATED QUALCOMM MATERIAL 

43. If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 

Designated QUALCOMM Material to any person or in any circumstance not authorized under this 

Order, the Receiving Party must immediately (a) notify in writing Producing Party and Non-Party 

QUALCOMM of the unauthorized disclosures, (b) use its best efforts to retrieve all copies of the 

Designated QUALCOMM Material, (c) inform the person or persons to whom unauthorized 

disclosures were made of all the terms of this Order, and (d) request such person or persons to 

execute the “Acknowledgment and Agreement to Be Bound By Supplemental Protective Order 

Governing Confidential Information of Non-Party Qualcomm In This Case” that is attached hereto 

as Exhibit A. Nothing in these provisions should be construed as limiting any Producing Party’s 

rights to seek remedies for a violation of this Supplemental Protective Order. 

XII. DURATION 

44. Even after the termination of this action, the confidentiality obligations imposed by 

this Supplemental Protective Order shall remain in effect following the termination of this action, 

or until Non-Party QUALCOMM agrees otherwise in writing or a court order otherwise directs. 

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XIII. FINAL DISPOSITION 

45. Unless otherwise ordered or agreed in writing by Producing Party, within sixty (60) 

days of the termination of all of this action, whether through settlement or final judgment 

(including any and all appeals therefrom), each Receiving Party, including Outside Counsel for 

each Receiving Party, will destroy all Designated QUALCOMM Material produced by Non-Party 

QUALCOMM or any other Party in this action and will destroy or redact any such Designated 

QUALCOMM Material included in work product, pleadings, motion papers, legal memoranda, 

correspondence, trial transcripts and trial exhibits admitted into evidence (“derivations”) and all 

copies thereof, with the exception of copies stored on back-up tapes or other disaster recovery 

media. This destruction obligation includes all files on USB memory devices used while inspecting 

Qualcomm’s Source Code. Within sixty (60) days of the date of settlement or final judgment, each 

Receiving Party shall serve Non-Party QUALCOMM with a certification stating that it, including 

its Outside Counsel, has complied with its obligations under this paragraph. With respect to any 

copy of Designated QUALCOMM Material or derivation thereof that remains on back-up tapes 

and other disaster storage media of an Authorized Reviewer(s), neither the Authorized Reviewer(s) 

nor its consultants, experts, counsel or other party acting on its behalf shall make copies of any 

such information available to any person for any purpose other than backup or disaster recovery 

unless compelled by law and, in that event, only after thirty (30) days prior notice to Producing 

Party or such shorter period as required by court order, subpoena, or applicable law. 

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EXHIBIT A 

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND BY SUPPLEMENTAL 

PROTECTIVE ORDER GOVERNING CONFIDENTIAL INFORMATION OF NONPARTY QUALCOMM IN THIS CASE 

 I, _______________________________________ [print or type full name], state: My 

business address is ______________________________________________________; 

 1. My present employer is _____________________________________________; 

 2. My present occupation or job description is _____________________________; 

 3. I have been informed of and have reviewed the Stipulated Supplemental Protective 

Order Between Non-Party Qualcomm Incorporated, Plaintiffs and Defendants (the “Supplemental 

Protective Order”) entered in this case, and understand and agree to abide by its terms. I agree to 

keep confidential all information provided to me in the matter of WSOU Investments, LLC dba 

Brazos Licensing and Development v. ZTE Corporation, Case Nos. 6:20-cv-00487, 00488, 00489, 

00490, 00491, 00492, 00493, 00494, 00495, 00496, and 00497 in the United States District Court, 

Western District of Texas, Waco Division in accordance with the restrictions in the Supplemental 

Protective Order, and to be subject to the authority of that Court in the event of any violation or 

dispute related to the Supplemental Protective Order. 

 4. I state under penalty of perjury under the laws of the United States of America 

that the foregoing is true and correct. 

Signature _____________________________________ 

Date _____________________________

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EXHIBIT B 

CERTIFICATION OF CONSULTANT RE SUPPLEMENTAL PROTECTIVE ORDER 

GOVERNING CONFIDENTIAL INFORMATION OF NON-PARTY QUALCOMM IN 

THIS CASE 

 I, _______________________________________ [print or type full name], of 

_______________________________________ am not an employee of the Party who retained 

me or of a competitor of any Party or Non-Party Qualcomm Incorporated and will not use any 

information, documents, or things that are subject to the Stipulated Supplemental Protective Order 

Between Non-Party Qualcomm Incorporated, Plaintiffs and Defendants (the “Supplemental 

Protective Order”) in WSOU Investments, LLC dba Brazos Licensing and Development v. ZTE 

Corporation, Case Nos. 6:20-cv-00487, 00488, 00489, 00490, 00491, 00492, 00493, 00494, 

00495, 00496, and 00497 in the United States District Court, Western District of Texas, Waco 

Division, for any purpose other than this litigation. I agree not to perform hardware or software 

development work or product development work intended for commercial purposes related to the 

information disclosed in the Designated QUALCOMM Material, from the time of receipt of such 

material through and including the date that I cease to have access to any material designated 

“QUALCOMM – OUTSIDE ATTORNEYS’ EYES ONLY” or “QUALCOMM – OUTSIDE 

ATTORNEYS’ EYES ONLY –SOURCE CODE.” 

 I state under penalty of perjury under the laws of the United States of America that the 

foregoing is true and correct. 

 _____________________________ 

 [Signature] 

Executed On_______________ _____________________________ 

 [Printed Name] 

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