IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS

WACO DIVISION

WSOU INVESTMENTS, LLC D/B/A

BRAZOS LICENSING AND 

DEVELOPMENT,

Plaintiff,

v.

DELL TECHNOLOGIES INC., DELL INC., 

AND EMC CORPORATION,

 Defendants.

CIVIL ACTION 6:20-CV-00473-ADA 

CIVIL ACTION 6:20-CV-00474-ADA

CIVIL ACTION 6:20-CV-00475-ADA

CIVIL ACTION 6:20-CV-00476-ADA

CIVIL ACTION 6:20-CV-00477-ADA

CIVIL ACTION 6:20-CV-00478-ADA

CIVIL ACTION 6:20-CV-00479-ADA

CIVIL ACTION 6:20-CV-00482-ADA

PATENT CASE

JURY TRIAL DEMANDED

WSOU INVESTMENTS, LLC D/B/A

BRAZOS LICENSING AND 

DEVELOPMENT,

Plaintiff,

v.

DELL TECHNOLOGIES INC., DELL INC., 

EMC CORPORATION, AND VMWARE, 

INC.,

 Defendants.

CIVIL ACTION 6:20-CV-00480-ADA

CIVIL ACTION 6:20-CV-00481-ADA

CIVIL ACTION 6:20-CV-00485-ADA

CIVIL ACTION 6:20-CV-00486-ADA

PATENT CASE

JURY TRIAL DEMANDED

PROTECTIVE ORDER

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

Dell Technologies Inc., Dell Inc., EMC Corporation, and VMWare, Inc., hereafter referred to as 

“the Parties,” believe that certain information that is or will be encompassed by discovery 

demands by the Parties involves the production or disclosure of trade secrets, confidential business 

Case 6:20-cv-00475-ADA Document 122-9 Filed 11/19/21 Page 1 of 28
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information, or other proprietary information in the Action1;

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

with Federal Rule of Civil Procedure 26(c):

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

1. Each Party2 may designate as confidential for protection under this Order, in whole or in 

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

confidential or proprietary information or trade secrets of the Party or a Third Party to 

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

such document, information or material (“Protected Material”). Protected Material shall 

be designated by the Party producing it by affixing a legend or stamp on such document, 

information or material as follows: “CONFIDENTIAL,” “HIGHLY CONFIDENTIAL – 

– ATTORNEYS’ EYES ONLY,” or “HIGHLY CONFIDENTIAL – SOURCE CODE.” 

The appropriate designation shall be placed clearly on each page of the Protected Material 

(except deposition and hearing transcripts and natively produced documents) for which 

such protection is sought. For deposition and hearing transcripts, the appropriate 

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

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

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

some or all of that transcript is designated as containing Protected Material. For natively 

 1 Action or “litigation” means the Case Nos. 6:20-cv-0473-0482, and 0485-0486. 

2 Any Third Party producing documents, information, or materials in the Action may also 

designate Protected Material, which will be protected under this Order to the same extent and 

subject to the same conditions as if produced by a Party, unless otherwise specified and agreed 

among the Parties and Third Party.

Case 6:20-cv-00475-ADA Document 122-9 Filed 11/19/21 Page 2 of 28
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produced Protected Material, the appropriate designation shall be placed on the placeholder 

image bearing the Bates number for the native file and the filename of each such natively 

produced document shall include the appropriate designation.

2. Any document produced under the Order Governing Proceedings before issuance of this 

Order with the designation “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL –

ATTORNEYS’ EYES ONLY” or any similar designation shall receive the same treatment 

as if designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” under this 

Order, unless and until such document is redesignated to have a different classification 

under this Order.

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

“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” or “HIGHLY 

CONFIDENTIAL – SOURCE CODE” (“DESIGNATED MATERIAL”),3 subject to the 

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

all documents, electronically stored information, and/or things as defined by the Federal 

Rules of Civil Procedure; (b) all pretrial, hearing or deposition testimony, or documents 

marked as exhibits or for identification in depositions and hearings; (c) pretrial pleadings, 

exhibits to pleadings and other court filings; (d) affidavits; and (e) stipulations. All copies, 

reproductions, extracts, digests and complete or partial summaries prepared from any 

DESIGNATED MATERIALS shall also be considered DESIGNATED MATERIAL and 

treated as such under this Order.

 3

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

class of materials designated as “CONFIDENTIAL,” “HIGHLY CONFIDENTIAL –

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

individually and collectively.

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

CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” or “HIGHLY CONFIDENTIAL 

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

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

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

treatment. Any Party that inadvertently or unintentionally produces Protected Material 

without designating it as DESIGNATED MATERIAL may request destruction of that 

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

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

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

then destroy all copies of the inadvertently or unintentionally produced Protected Materials 

and any documents, information or material derived from or based thereon.

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

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

or upon order of the Court, or as set forth in paragraph 21 herein:

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

(b) Outside counsel’s paralegals, attorneys, and staff who are working at the direction 

of such outside counsel and are assigned to and reasonably necessary to assist 

such counsel in the litigation of this Action;

(c) No more than 5 in-house counsel for each of the Parties who either have 

responsibility for making decisions dealing directly with the litigation of this 

Action, or who are assisting outside counsel in the litigation of this Action and who 

have completed the Undertaking attached as Exhibit A hereto;

(d) If the Party is an entity, such officers or employees of the Party who are actively 

involved in the prosecution or defense of this case who, prior to any disclosure of 

Protected Material to such person, have completed the Undertaking attached as 

Exhibit A hereto;

Case 6:20-cv-00475-ADA Document 122-9 Filed 11/19/21 Page 4 of 28
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(e) Outside consultants or experts retained for the purpose of this litigation, provided 

that: (1) such consultants or experts are not presently employed by the Parties or 

an affiliate of a Party hereto for purposes other than this Action; (2) before access 

is given, the consultant or expert has completed the Undertaking attached as 

Exhibit A hereto and the same is served upon the producing Party with a current 

curriculum vitae4 of the consultant or expert at least seven (7) calendar days before 

access to the Protected Material is to be given to that consultant or expert to object 

to and notify the receiving Party in writing that it objects to disclosure of Protected 

Material, or Source Code Material in particular, to the consultant or expert. The 

Parties agree to promptly confer within three business days after receipt of an 

objection and use good faith to resolve any such objection. If the Parties are unable 

to resolve any objection, the objecting Party may file a motion with the Court 

within ten (10) days of receipt of the notice, or within such other time as the Parties 

may agree, seeking a protective order with respect to the proposed disclosure. The 

objecting Party shall have the burden of proving the need for a protective order. 

No disclosure shall occur until all such objections are resolved by agreement or 

Court order or the time period for filing a motion has passed;

(f) Mock jurors and independent litigation support services, including persons 

working for or as court reporters, graphics or design services, jury or trial 

consulting services, mediators and their staff, and photocopy, document imaging, 

and database services retained by counsel and reasonably necessary to assist 

counsel with the litigation of this Action; 

(g) The Court and its personnel;

(h) a deponent or witness during, or in good faith preparation for, deposition or trial, 

if it appears that the witness authored or received a copy of the information, was 

involved in the subject matter described therein, is employed by the Party who 

produced the Protected Material, or if the producing Party consents to such 

disclosure;

(i) any person who was an author, addressee, or intended or authorized recipient of 

the Protected Material and who agrees to keep the information as designated, 

 4 For any such person, the curriculum vitae shall identify their (i) current employer(s), (ii) each 

person or entity from whom they have received compensation or funding for work in their areas 

of expertise or to whom the they have provided professional services, including in connection with 

a litigation or PTO proceeding, at any time during the preceding five years; (iii) (by name and 

number of the case, filing data, and location of court) any litigation or PTO proceeding in 

connection with which they have offered expert testimony, including through a declaration, report, 

or testimony at a deposition or trial, during the preceding 5 years. If such consultant or expert 

believes any of this information is subject to a confidentiality obligation to a third-party, then they 

should provide whatever information can be disclosed without violating any confidentiality 

agreements, and the party seeking to disclose Protected Material to the consultant or expert shall 

be available to meet and confer with the designating Party regarding any such engagement.

Case 6:20-cv-00475-ADA Document 122-9 Filed 11/19/21 Page 5 of 28
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provided that such persons may see and use the Protected Material but not retain a 

copy; and

(j) insurers to whom disclosure is reasonably necessary for purposes of the litigation, 

provided any such insurer has signed the Undertaking attached hereto as Exhibit A 

(such signed document to be maintained by the attorney designating such person).

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

upon a good faith belief that the documents, information, or material contains (i) 

confidential or proprietary information or trade secrets of the Party or a Third Party to 

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

such documents, information, or material; or (ii) any information that a Party or Third Party 

reasonably believes to be subject to federal, state, or foreign Data Protection Laws or other 

privacy obligations. 

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

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

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

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

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

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

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

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

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

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

designated CONFIDENTIAL is so sensitive that its dissemination deserves even further 

limitation, the producing Party may designate such Protected Material “HIGHLY 

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

Case 6:20-cv-00475-ADA Document 122-9 Filed 11/19/21 Page 6 of 28
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Material includes computer source code (e.g., a text listing of computer instructions, 

commands and data definitions expressed in a form suitable for input to an assembler, 

compiler, or other translator)(“Source Code Material”), the producing Party may designate 

such Protected Material as “HIGHLY CONFIDENTIAL – SOURCE CODE.” “HIGHLY 

CONFIDENTIAL – ATTORNEYS’ EYES ONLY” also includes any information that a 

Party or Third-Party reasonably believes to be subject to federal, state, or foreign Data 

Protection Laws or other privacy obligations. Examples of such Data Protection Laws 

include, without limitation, The Gramm-Leach-Bliley Act, 15 U.S.C. § 6801 et seq. 

(financial information); The Health Insurance Portability and Accountability Act 

(“HIPAA”) and the regulations thereunder, 45 CFR Part 160 and Subparts A and E of Part 

164 (medical information); and Regulation (EU) 2016/679 Of the European Parliament and 

of the Council of 27 April 2016 on the Protection of Natural Persons with Regard to the 

Processing of Personal Data and on the Free Movement of Such Data, also known as the 

General Data Protection Regulation (“GDPR”).

9. For Protected Material designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 

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

listed in paragraphs 5(a-c) and (e-i); provided, however, that access by in-house counsel 

pursuant to paragraph 5(c) be limited to in-house counsel who exercise no competitive 

decision making authority on behalf of the client.

10. When a Party initially produces documents for inspection, no marking need be made by 

the producing Party in advance of the inspection. For purposes of the inspection, all 

documents shall be treated as containing Protected Material. After the receiving Party 

selects specified documents for copying, the producing Party shall appropriately mark the 

Case 6:20-cv-00475-ADA Document 122-9 Filed 11/19/21 Page 7 of 28
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copies of the selected documents before they are provided to the receiving Party.

11. The inadvertent failure by a producing Party to designate specific documents or materials 

as containing Protected Information or as containing a certain subset of Protected 

Information (e.g. HIGHLY CONFIDENTIAL – ATTORNEY’S EYES ONLY 

information), shall not be deemed a waiver in whole or in part of a claim of confidentiality 

as to such documents or materials. A producing Party seeking to designate or re-designate 

such documents or materials may do so by giving written notice to the receiving Party. 

Upon notice to the receiving Party of such failure to designate, the receiving Party shall 

cooperate to restore the confidentiality of the inadvertently undesignated or mis-designated 

information. No showing of error, inadvertence, or excusable neglect shall be required for 

re-designation.

12. For Protected Material designated “HIGHLY CONFIDENTIAL – SOURCE CODE,” the 

following additional restrictions apply:

(a) Access to a Party’s Source Code Material shall be provided using three secure 

review computers provided by the producing Party, where the Source Code 

production for cases 6:20-cv-473, -474, -478, and -479 shall be accessible on one 

computer; for cases 6:20-cv-475, -476, -479, and -482 shall be accessible on one 

computer; and for cases 6:20-cv-480, -481, -485, and -486 on one computer. For 

clarity, VMware, Inc. will provide Source Code Material, if any, on a review 

computer housing only VMware Source Code Material, and not that of any other 

Defendant. The producing Party will produce Source Code Material in computer 

searchable format on the review computer as described. If a Party’s Source Code 

is provided on the review computer, such review computer shall be a “stand-alone” 

computer (that is, the computer may not be linked to any network, including a local 

area network (“LAN”), an intranet or the Internet) and a display screen or monitor 

of a size of at least seventeen inches shall be provided by the producing Party for 

each review computer. Each review computer may be connected to (i) a printer, or 

(ii) a device capable of temporarily storing electronic copies solely for the limited 

purposes otherwise permitted pursuant to this paragraph. The review computers 

produced by defendants will be made available in the Western District of Texas or 

Case 6:20-cv-00475-ADA Document 122-9 Filed 11/19/21 Page 8 of 28
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as otherwise agreed5. Should the need arise due to a public health or other 

emergency, or state, local or national restrictions or travel restrictions, which 

hinder the source code review, the Parties shall meet and confer in good faith to 

discuss the feasibility of making the review computer available in a location that 

would allow source code review to occur. The producing Party will produce 

Source Code Material in computer searchable format on the review computer as 

described above.

(b) Each review computer shall, at the receiving Party’s request and expense, and for 

the receiving Party to perform its review of the Source Code Material consistent 

with all of the protections herein with the producing Party’s approval that shall not 

be unreasonably withheld, include reasonable commercially available analysis 

tools (e.g., Notepad++) reasonably necessary for the type of Source Code Material. 

The receiving Party shall be responsible for providing tools or licenses to tools that 

it wished to use so that the producing Party may install such tools on the review

computers. Requests for installation of tools will be provided to the producing 

Party at least 5 business days in advance of the date upon which the receiving Party 

wishes to have the additional software available for use on the stand-alone 

computer. Timely requests for the installation of such software will not be 

unreasonably denied. In no event shall tools be installed on the review computer 

that have the effect of assembling and/or compiling, any Source Code Material.

(c) The receiving Party may not bring any electronic devices into the room where the 

review computer is provided, including, but not limited to, cameras, cellular 

phones, laptops, recordable media, or recording devices. The receiving Party will 

not copy, remove, or otherwise transfer or transmit Source Code Material from the 

review computer. The receiving Party will not remove copies of all or any portion 

of the Source Code Material from the room in which the Source Code Material is 

inspected except as otherwise provided herein. Should the need arise, the Parties 

shall meet and confer regarding any exceptions to this rule in order to minimize 

the burden to the Parties. If the Parties are unable to reach agreement, a Party 

seeking an exception may present the dispute to the Court according to the 

applicable discovery dispute procedure. Upon any such application to the Court, 

the burden shall be on the Party seeking the exception to show good cause why the 

exception should be provided.

(d) Outside counsel and their staff or an expert, consultant, or technical advisor for the 

receiving Party shall be entitled to take notes relating to the Source Code Material 

but may not copy the Source Code Material into the notes. Any such notes shall 

be maintained at all times in a secure location under the direct control of an 

 5

 At WSOU’s request to make the code available in Austin, VMware currently plans to make the 

code (if any) available at the offices of Greenberg Traurig LLP, 300 West 6th Street, Suite 2050, 

Austin, TX 78701, and Dell currently plans to make the code (if any) available at the offices of 

Baker Botts LLP, 98 San Jacinto Boulevard Suite 1500, Austin, TX 78701. Each producing 

Party reserves the right to present the code at a substitute location.

Case 6:20-cv-00475-ADA Document 122-9 Filed 11/19/21 Page 9 of 28
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individual authorized to view Source Code Material, shall be labeled “HIGHLY 

CONFIDENTIAL – SOURCE CODE,” and shall be destroyed within 30 calendar 

days of the conclusion of this litigation by settlement or final judgment, including 

exhaustion of all appeals, as required under this Order (including paragraph 31). 

Before reviewing the producing Party’s Source Code Material, any expert, 

consultant, or technical advisor mentioned in this paragraph must agree in writing 

not to perform software development work directly or indirectly intended for 

commercial purposes relating to any functionality covered by the Source Code 

Material reviewed by the expert, consultant, or technical advisor for in the 

pendency of the litigation.

(e) The receiving Party shall make reasonable efforts to restrict its requests for such 

access to the review computers to normal business hours, which for purposes of 

this paragraph shall be 9:00 a.m. through 5:00 p.m. local time on business days 

(i.e., weekdays that are not federal holidays). However, upon reasonable notice 

from the receiving Party, the producing Party shall make reasonable efforts to 

accommodate the receiving Party’s request for access to the review computer 

outside of normal business hours. The producing Party will notify the receiving 

Party when the code is ready for inspection. 6

The Parties agree to cooperate in 

good faith such that maintaining the producing Party’s Source Code Material at the 

office of its outside counsel shall not unreasonably hinder the receiving Party’s 

ability to efficiently and effectively conduct the prosecution or defense of this 

Action. The receiving Party shall provide fourteen (14) calendar days written 

notice of its intent to inspect for its initial inspection of the Source Code Material 

produced by a designating Party and identify in writing the individuals who are 

qualified to review Source Code Material under this Order and plan to review the 

Source Code Material during the initial inspection, as well as the employer and 

curriculum vitae of each of those individuals (unless the receiving Party already 

has provided that particular information to the producing Party in the litigation). 

The producing Party must approve in writing each of those individuals before they 

are permitted to review the Source Code Material. The receiving Party shall 

thereafter provide written notice at least three (3) business days prior to any 

subsequent inspection and identify in writing the individuals who plan to review 

the Source Code Material during each inspection. The producing Party shall in 

good faith attempt to accommodate reasonable requests for inspection on shorter 

notice, and the receiving Party recognizes that a public health or other emergency, 

or state, local or national restrictions or travel restrictions may result in additional 

restrictions on access to the review computer (e.g., number of individuals who may 

attend simultaneously). In addition, the receiving Party may, in a single written 

notice for initial or subsequent inspection, may request multiple consecutive days 

for inspection. Those individuals who enter the source code review room shall 

sign in with the producing Party’s retained counsel on each day they view Source 

Code Material on the review computer, in a log that will include the names of such 

persons, their time of arrival and departure, and cumulative time spent reviewing 

 

Case 6:20-cv-00475-ADA Document 122-9 Filed 11/19/21 Page 10 of 28
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the Source Code Material that day. That same log shall also maintain a complete 

record of any individuals who review the Source Code Material, whether on the 

review computer or on print-outs at the location of the review computer. Those 

individuals shall also comply with any local office restrictions that may be required 

(e.g., health screenings related to the COVID-19 pandemic). The same procedures 

discussed above apply regardless of whether the inspection is the initial inspection 

or a subsequent inspection; 

(f) The producing Party shall provide the receiving Party with information explaining 

how to start, log on to, and operate the review computer in order to access the 

produced Source Code Material on the review computer. No recordable media, 

recordable devices, input/output devices, devices with Internet or network access, 

or other electronic devices capable of recording, copying, or transmitting the 

source code, including without limitation sound recorders, computers, cellular 

telephones, peripheral equipment, cameras, CDs, DVDs, or drives of any kind, 

shall be permitted in the source code reviewing room. Nor shall the reviewing 

Party or its expert(s) attempt to circumvent the security of the review computer or 

confidentiality of the source code displayed;

(g) Access to Protected Material designated “HIGHLY CONFIDENTIAL – SOURCE 

CODE” shall be limited to outside counsel and up to three (3) outside consultants 

or experts7 (i.e., not existing employees or affiliates of a Party or an affiliate of a 

Party or competitor identified by the producing Party with reasonable specificity) 

retained for the purpose of this litigation and approved to access such Protected 

Materials pursuant to paragraph 5(e) above. To the extent necessary, a receiving 

Party may include excerpts of Source Code Material in an exhibit to a pleading, 

expert report, discovery response, contention, or other court document, deposition 

transcript, other Court document, (collectively, “Source Code Exhibits”), provided 

that the Source Code Exhibits are appropriately marked under this Order, restricted 

to those who are entitled to have access to them as specified herein, include the 

minimal amount of such Source Code Material information that is reasonably 

necessary, and, if filed with the Court, filed under seal in accordance with the 

Court’s rules, procedures, and orders. Wherever possible, the receiving Party will 

make a reasonable and good-faith effort to limit this information to references to 

production numbers, file names, and line numbers.

(h) To the extent portions of Source Code Material are quoted in a Source Code 

Exhibit, the entire Source Code Exhibit will be stamped and treated as “HIGHLY 

CONFIDENTIAL – SOURCE CODE.” 

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

the outside consultant’s or expert’s staff and other support personnel, working at the direction of 

such outside consultant or expert, and as such, the disclosure to a consultant’s or expert’s staff and 

other support persons shall count as a disclosure to a single consultant or expert. 

Case 6:20-cv-00475-ADA Document 122-9 Filed 11/19/21 Page 11 of 28
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(i) Except as set forth in this paragraph 10, no electronic copies of Source Code 

Material (including by way of example only, scans of Source Code Material to 

PDF or photographs of code) shall be made without prior written consent of the 

producing Party, except as necessary to create documents which, pursuant to the 

Court’s rules, procedures and order, must be filed or served electronically. The 

receiving Party shall not include excerpts of Source Code Material (either 

graphical copies or copied text) in correspondence between the Parties (references 

to production numbers shall be used instead). 

(j) In view of the current logistical circumstances related to the COVID-19 pandemic, 

the receiving Party will be provided with three (3) copies of printed Source Code 

Material requested, subject to the limitations in paragraph 10(k) below, which shall 

be designated and clearly labeled “HIGHLY CONFIDENTIAL – SOURCE 

CODE.” No person shall copy, email, transmit, upload, download, print, 

photograph or otherwise duplicate any portion of the designated Source Code 

Material, except as explicitly permitted herein. The receiving Party shall maintain 

a log of all such files that are printed.” No person shall copy, email, transmit, 

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

designated Source Code Material, except as explicitly permitted herein.

(k) The receiving Party may request print-outs of limited portions of Source Code 

Material up to a maximum of two hundred and fifty (250) pages total and up to a 

maximum of 15 pages of a continuous block of Source Material, a page being 

defined as an 8.5” x 11” paper page with 1.25” margins and using no smaller than 

a 12-point font. The receiving Party may request permission to print additional 

pages of Source Code. Such requests shall not be unreasonably denied by the 

producing Party. If at the time of inspection and requested printing, the producing 

Party objects to the printed portions as excessive and/or not done for a permitted 

purpose, the receiving Party shall not be provided with the print portions until such 

objection is resolved. In the event of an objection, the Parties shall meet and confer 

in good faith within three (3) business days of the objection and attempt to resolve 

the dispute on an informal basis. If the Parties are unable to resolve any objection, 

the receiving Party may seek court intervention.

(l) Should such printouts or photocopies be permissibly transferred back to electronic 

media, such media shall be labeled “HIGHLY CONFIDENTIAL – SOURCE 

CODE” and shall continue to be treated as such.

(m) If the receiving Party’s outside counsel, consultants, or experts obtain printouts or 

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

outside counsel, consultants, or experts at all times keep the printouts or 

photocopies in a secured container in a locked area in the offices within the United 

States of such outside counsel, consultants, or expert, except when actively 

reviewing those printouts or photocopies. Paper copies of Source Code Material 

Case 6:20-cv-00475-ADA Document 122-9 Filed 11/19/21 Page 12 of 28
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may not be copied and may not be removed from a secured container or location 

unless in a secured, private area. The receiving Party may also temporarily keep 

the printouts or photocopies at: (i) the Court for any proceedings(s) relating to the 

Source Code Material, for the dates associated with the proceeding(s); (ii) the sites 

where any deposition(s) relating to the Source Code Material are taken, for the 

dates associated with the deposition(s); and (iii) any intermediate location 

reasonably necessary to transport the printouts or photocopies (e.g., a secure 

location within a hotel prior to a Court proceeding or deposition); and

(n) A producing Party’s Source Code Material may only be transported by the 

receiving Party at the direction of a person authorized under this paragraph 12 to 

another person authorized under this paragraph 12, on paper or, if permissibly 

transferred to electronic form pursuant paragraph 12(j), on removable electronic 

media (e.g., a DVD, CD-ROM, or flash memory “stick”), via hand carry, Federal 

Express or other similarly reliable courier. Source Code Material may not be 

transported or transmitted electronically over a network of any kind, including a 

LAN, an intranet, or the Internet, except when filing or serving electronically 

pursuant to the Court’s rules, procedures, and order. Source Code Material may 

only be transported electronically for the purpose of Court proceeding(s) or 

deposition(s) as set forth in this paragraph 12 and is at all times subject to the 

transport restrictions set forth herein. For those purposes only, the Source Code 

Material may be stored on a stand-alone computer.

(o) The Parties shall cooperate to take such steps as are reasonably necessary to protect 

information which contains or discloses the substance of any portion of the Source 

Code Material from disclosure to the public, including (subject to this Court’s 

rules) in the course of the trial of this litigation, during any hearing in this litigation, 

and in any briefing or other filing in this litigation.

(p) The producing Party may visually monitor the activities of the receiving Party’s 

representatives during any source code review subject to such monitoring activities 

being free from any interference that impedes or hinders the representatives’ source 

code review, and only to the extent to ensure that there is no unauthorized 

recording, copying, or transmission of the producing Party’s Source Code. For 

example, the producing Party may visually monitor while standing outside of a 

glass wall of a conference room. For the sake of clarity, the producing Party will 

refrain from any active monitoring activities that reveal Attorney Work Product 

(e.g., viewing the source code review notes, monitoring the contents of the review 

computer’s screen during the review, or listening to conversation of the source 

code reviewer); such monitoring activities will not be considered to be reasonable.

(q) Copies of printed Source Code Material that are marked as deposition exhibits may

be provided to the Court reporter during the deposition, but shall not be retained 

by the Court reporter or attached to deposition transcripts; rather, the deposition 

record will identify the exhibit by its production numbers. Except as provided in 

Case 6:20-cv-00475-ADA Document 122-9 Filed 11/19/21 Page 13 of 28
14

this paragraph, absent express written permission from the producing Party, the 

receiving Party may not create electronic images, or any other images, or make 

electronic copies, of the Source Code Material from any paper copy of Source 

Code Material for use in any manner. Where the producing Party has provided the 

express written permission required under this provision for a receiving Party to 

create electronic copies of Source Code Material, and if the producing Party 

requests it, the receiving Party shall maintain a log of all such electronic copies of 

any portion of Source Code in its possession or in the possession of its retained 

consultants, including the names of the reviewers and/or recipients of any such 

electronic copies, and the locations and manner in which the electronic copies are 

stored. Additionally, any such electronic copies must be labeled “HIGHLY 

CONFIDENTIAL – SOURCE CODE” as provided for in this Order. The Parties 

agree to negotiate additional procedures that will govern the use of Source Code 

Material in remote depositions, if necessary. 

PROSECUTION AND ACQUISITION BAR

13. Any attorney representing a Party, whether in-house or outside counsel, and any person 

associated with a Party and permitted to receive the other Party’s Protected Material that 

is designated HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY and/or 

HIGHLY CONFIDENTIAL – SOURCE CODE” and directed to technical information 

relevant to the case, but excluding financial data or non-technical business information 

(collectively “HIGHLY SENSITIVE MATERIAL”), who obtains, receives, or otherwise 

learns, in whole or in part, the other Party’s HIGHLY SENSITIVE MATERIAL under 

this Order shall not: 

(a) prepare, prosecute, supervise, or assist in the preparation or prosecution of any 

patent application pertaining to the field of the invention of the patents-in-suit on 

behalf of the receiving Party or its acquirer, successor, predecessor, or other 

affiliate;

(b) directly or indirectly advise or participate in the acquisition of any patent, patent 

application, or interest in the same that is or will be asserted against Defendants; 

Case 6:20-cv-00475-ADA Document 122-9 Filed 11/19/21 Page 14 of 28
15

or 

(c) directly or indirectly advise a patent holder, patent owner, company, or investor,

or any of its subsidiaries or affiliates, on the selection or valuation of any patent or 

claim asserted or to be asserted against Defendants,

during the pendency of this Action and for one year after its conclusion, including any 

appeals or two years after such person last reviewed the HIGHLY SENSITIVE 

MATERIAL, whichever is earlier. To ensure compliance with the purpose of this 

provision, each Party shall create an “Ethical Wall” between those persons with access to 

HIGHLY SENSITIVE MATERIAL and any individuals who, participate in any of the 

three activities described in (a)-(c) above. Nothing in this Order shall prevent a person 

with access to HIGHLY SENSITIVE MATERIAL from participating in a PTO 

proceeding, including any inter partes review, CBM, re-examination, or post-grant review 

proceedings, except for that person shall not participate directly or indirectly in the 

amendment of any claim(s). Nor shall anything in this provision prevent any attorney of 

record from assisting its client in settlement negotiations or advising on legal matters 

involving validity of patents.

THIRD-PARTY CONFIDENTIALITY

14. In the event that a Party is required, by a valid discovery request, to produce a Third Party’s 

confidential information in its possession, and the Party is subject to an agreement with the 

Third Party not restricting production of the Third Party’s confidential information, then 

the Party shall:

(a) promptly notify in writing the requesting Party and the Third Party that some or all of 

the information requested is subject to restrictions on production pursuant to a 

confidentiality agreement with a Third Party; and

Case 6:20-cv-00475-ADA Document 122-9 Filed 11/19/21 Page 15 of 28
16

(b) promptly provide the Third Party with a copy of this Order, the relevant discovery 

request(s), and a reasonably specific description of the information requested.

(c) If the Third Party does not consent to the Party’s production of the Third Party’s 

confidential information, the requesting Party may move to compel production. The 

withholding Party may either oppose or not oppose the requesting Party’s motion, and 

independently, the Third Party may intervene to oppose the motion to compel or to 

move for a protective order.

NO WAIVER OF PRIVILEGE BY VIRTUE OF INADVERTENT DISCLOSURE

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

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

product doctrine, or other privilege, doctrine, or immunity. Pursuant to Federal Rule of 

Evidence 502(d), if documents, information or other material subject to a claim of 

attorney-client privilege, work product doctrine, or other privilege, doctrine, or immunity 

is inadvertently or unintentionally produced, such production shall in no way prejudice or 

otherwise constitute a waiver of, or estoppel as to, any such privilege, doctrine, or 

immunity. Any Party that inadvertently or unintentionally produces documents, 

information or other material it reasonably believes are protected under the attorney-client 

privilege, work product doctrine, or other privilege, doctrine, or immunity may obtain the 

return or destruction of such documents, information or other material by promptly 

notifying the recipient(s) in writing. The recipient(s) shall gather and return all copies of 

such documents, information or other material to the producing Party, except for any pages 

containing privileged or otherwise protected markings by the recipient(s), which pages 

shall instead be destroyed and certified as such to the producing Party. 

(a) After written notice is provided, the receiving Party shall not utilize the 

information contained in the returned/destroyed documents or materials for any 

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17

purpose, or disseminate or transmit such information, or show such material to 

anyone except as necessary to facilitate the return or destruction of such documents 

or information. If any such inadvertently produced material has been used in any 

other document generated in connection with the Action, including deposition 

transcripts, exhibits, and court filings, to the extent reasonably possible, the 

material shall be expunged or destroyed. 

(b) The producing Party shall include the documents in a privilege log identifying such 

inadvertently produced or disclosed documents. 

(c) The receiving Party may move the Court for an order compelling production of 

any inadvertently produced or disclosed privileged documents or information, but 

the motion shall not assert as a ground for production the fact of the inadvertent 

production or disclosure, nor shall the motion disclose or otherwise use the content 

of the inadvertently produced document or information (beyond any information 

appearing on the above-referenced privilege log) in any way in connection with 

any such motion. 

(d) The disclosing Party retains the burden—upon motion pursuant to paragraph (c)—

of establishing the privileged or protected nature of the information in question.

(e) Nothing in this order limits the right of any Party to petition the Court for an incamera review. 

(f) This order does not preclude a Party from voluntarily waiving the attorney-client 

privilege or work product protection. The provisions of Federal Rule of Evidence 

502(a) apply when the disclosing Party uses or indicates that it may use 

information produced under this order to support a claim or defense. 

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(g) Nothing herein is intended to alter any attorney’s obligation to abide by any 

applicable rules of professional responsibility relating to the inadvertent disclosure 

of privileged information. To the extent that a receiving Party receives information 

or items from a producing Party that the receiving Party believes may have been 

inadvertently disclosed, the receiving Party shall inform the producing Party and 

suspend review of such information or items for five (5) business days subject to 

the producing Party’s response.

(h) Federal Rule of Evidence 502(b) is inapplicable to a producing Party’s inadvertent 

disclosure under this paragraph 16.

DUTY TO ENSURE COMPLIANCE

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

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

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

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

designating any person as someone permitted to receive DESIGNATED MATERIAL 

under this Order shall have the duty to reasonably ensure that such person observes the 

terms of this Order. 

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

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

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

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

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

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19

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

action alleged to constitute a violation of this Order.

18. Each outside consultant or expert to whom DESIGNATED MATERIAL is disclosed in 

accordance with the terms of this Order shall be advised by counsel of the terms of this 

Order, shall be informed that they are subject to the terms and conditions of this Order, 

and shall sign the Undertaking attached hereto as Exhibit A.

19. “Data Breach” means but is not limited to: any accidental, unlawful, or unauthorized 

destruction, alteration, disclosure, misuse, loss, theft, access, copying, use, modification, 

disposal, compromise, or access to Protected Material or any act or omission that 

compromises or undermines the physical, technical, or organizational safeguards put in 

place by the receiving Party in processing or possessing the producing Party’s Protected 

Material. The receiving Party shall have and maintain appropriate physical, organizational, 

and technical processes, security standards, guidelines, controls, and procedures to protect 

against a Data Breach (“Appropriate Safeguards”), and shall ensure that its professional 

vendors, experts, and any other person or entity that receives Protected Material pursuant 

to the Protective Order implements and maintains Appropriate Safeguards.

20. In the event of a Data Breach impacting any Protected Material under this Protective 

Order, the Party suffering said Data Breach, and each Party with knowledge thereof, shall 

immediately notify counsel for the producing Party whose Protected Material has been 

compromised or otherwise potentially accessed, all known relevant information 

concerning the nature and circumstances of the Data Breach, shall promptly take all 

reasonable measures to correct the Data Breach, and shall work in good faith with the 

producing Party to ensure that no further unauthorized disclosure and/or use thereof is 

Case 6:20-cv-00475-ADA Document 122-9 Filed 11/19/21 Page 19 of 28
20

made, or to mitigate the impacts of any such unauthorized disclosure and/or use thereof.

USE OF DESIGNATED MATERIAL

21. All Protected Material provided by any Party or nonparty in the course of this litigation 

shall be used solely for the purpose of preparation, trial, and appeal of this litigation and 

for no other purpose, and shall not be disclosed except in accordance with the terms hereof. 

The provisions of this order will govern any post-grant review proceeding until an 

appropriate protective order is in place for that proceeding.

22. Except as otherwise restricted under the provisions set forth in paragraph 12 of this Order, 

nothing contained herein shall be construed to prejudice any Party’s right to use any 

DESIGNATED MATERIAL in taking testimony at any deposition or hearing provided 

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

to have access to the DESIGNATED MATERIAL by virtue of their employment with the 

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

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

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

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

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

or employee of a company affiliated with the producing Party; (v) counsel for a Party, 

including outside counsel and in-house counsel (subject to paragraphs 9 and 12 of this 

Order); (vi) an independent contractor, consultant, and/or expert retained for the purpose 

of this litigation; (vii) court reporters and videographers; (viii) the Court; or (ix) other 

persons entitled hereunder to access DESIGNATED MATERIAL. DESIGNATED 

MATERIAL shall not be disclosed to any other persons unless prior authorization is 

Case 6:20-cv-00475-ADA Document 122-9 Filed 11/19/21 Page 20 of 28
21

obtained from counsel representing the producing Party or from the Court.

23. Parties may, at the deposition or hearing or within thirty (30) calendar days after receipt 

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

portion thereof as “CONFIDENTIAL,” “HIGHLY CONFIDENTIAL – ATTORNEYS’ 

EYES ONLY,” or “HIGHLY CONFIDENTIAL – SOURCE CODE” pursuant to this 

Order. Access to the deposition or hearing transcript so designated shall be limited in 

accordance with the terms of this Order. Until expiration of the 30-day period, or until 

otherwise agreed by the Parties, the entire deposition or hearing transcript shall be treated 

as HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY.

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

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

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

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

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

conform to the labeling requirements set forth in this Order. If a pretrial pleading filed 

with the Court, or an exhibit thereto, discloses or relies on DESIGNATED MATERIAL, 

such confidential portions shall be redacted to the extent necessary and the pleading or 

exhibit filed publicly with the Court.

25. Nothing in this Order shall be deemed to prevent the Parties from introducing any 

DESIGNATED MATERIAL into evidence at the trial of this Action, or from using any 

information contained in DESIGNATED MATERIAL at the trial of this Action, subject 

to any pretrial order issued by this Court.

26. If a Party is served with a subpoena or a court order issued in other litigation that compels 

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22

disclosure of any information or items designated in this Action as “CONFIDENTIAL,” 

“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” or “HIGHLY 

CONFIDENTIAL – SOURCE CODE,” that Party must: (a) promptly notify in writing the 

designating Party. Such notification shall include a copy of the subpoena or court order if 

allowed under applicable protective orders in the other litigation; (b) promptly notify in 

writing the Party who caused the subpoena or order to issue in the other litigation that 

some or all of the material covered by the subpoena or order is subject to this Protective 

Order. Such notification shall include a copy of this Order. If the designating Party timely 

seeks a protective order, the Party served with the subpoena or court order shall not 

produce any DESIGNATED MATERIAL before a determination by the court from which 

the subpoena or order issued, unless the Party has obtained the designating Party’s 

permission. The designating Party shall bear the burden and expense of seeking protection 

in that court of its confidential material – and nothing in these provisions should be 

construed as authorizing or encouraging a receiving Party in this Action to disobey a 

lawful directive from another court.

CHALLENGING DESIGNATIONS

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

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

agree to re-designation within ten (10) days of receipt of the written request, the requesting 

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

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

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

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

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23

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

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

designation of the designating Party shall be maintained.

THIRD PARTIES

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

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

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

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

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

designate as “CONFIDENTIAL,” “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 

ONLY,” or “HIGHLY CONFIDENTIAL – SOURCE CODE” any documents, 

information or other material, in whole or in part, produced or given by such Third Parties. 

The Third Parties shall have ten (10) business days after production of such documents, 

information or other materials to make such a designation. Until that time period lapses or 

until such a designation has been made, whichever occurs sooner, all documents, 

information or other material so produced or given shall be treated as “HIGHLY 

CONFIDENTIAL – ATTORNEY’S EYES ONLY” in accordance with this Order.

RETURN/DESTRUCTION OF MATERIALS

30. Within 30 calendar days of final termination of this Action, including any appeals, all 

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

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

incorporated into any privileged memoranda of the Parties), shall at the producing Party’s 

election either be returned to the producing Party or be destroyed. The receiving Party 

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24

shall verify the return or destruction by affidavit furnished to the producing Party, upon 

the producing Party’s request. Nothing in this order requires a Party to destroy any 

information it is required by law to retain. The Parties shall not be required to delete 

information that may reside on electronic disaster recovery systems that are overwritten in 

the normal course of business, or information that may reside in electronic files which are 

not reasonably accessible. However, the Parties and their counsel shall not retrieve, 

access, nor use any DESIGNATED MATERIAL from said electronic disaster recovery 

systems or other not-reasonably accessible data sources after the conclusion of the matter.

* * *

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

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

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

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

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

thereof, all such objections being hereby preserved.

32. Production of DESIGNATED MATERIAL by any Party shall not be deemed a publication 

of the documents, information or material (or the contents thereof) produced so as to void 

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

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

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

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

privilege.

34. This Order shall not bar any attorney in the course of rendering advice to such attorney’s 

Case 6:20-cv-00475-ADA Document 122-9 Filed 11/19/21 Page 24 of 28
25

client who is a Party in this litigation or from conveying to any Party or client the attorney’s 

evaluation in a general way of Protected Material produced or exchanged under the terms 

of this order; provided, however, that in rendering such advice and otherwise 

communicating with the client, the attorney shall not disclose the specific contents of any 

Protected Material produced by another Party if such disclosure would be contrary to the 

terms of this Protective Order.

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

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

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

additional protection of DESIGNATED MATERIAL.

Case 6:20-cv-00475-ADA Document 122-9 Filed 11/19/21 Page 25 of 28
IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS

WACO DIVISION

WSOU INVESTMENTS, LLC D/B/A

BRAZOS LICENSING AND 

DEVELOPMENT,

Plaintiff,

v.

DELL TECHNOLOGIES INC., DELL INC., 

AND EMC CORPORATION,

 Defendants.

CIVIL ACTION 6:20-CV-00473-ADA 

CIVIL ACTION 6:20-CV-00474-ADA

CIVIL ACTION 6:20-CV-00475-ADA

CIVIL ACTION 6:20-CV-00476-ADA

CIVIL ACTION 6:20-CV-00477-ADA

CIVIL ACTION 6:20-CV-00478-ADA

CIVIL ACTION 6:20-CV-00479-ADA

CIVIL ACTION 6:20-CV-00482-ADA

PATENT CASE

JURY TRIAL DEMANDED

WSOU INVESTMENTS, LLC D/B/A

BRAZOS LICENSING AND 

DEVELOPMENT,

Plaintiff,

v.

DELL TECHNOLOGIES INC., DELL INC., 

EMC CORPORATION, AND VMWARE, 

INC.,

 Defendants.

CIVIL ACTION 6:20-CV-00480-ADA

CIVIL ACTION 6:20-CV-00481-ADA

CIVIL ACTION 6:20-CV-00485-ADA

CIVIL ACTION 6:20-CV-00486-ADA

PATENT CASE

JURY TRIAL DEMANDED

APPENDIX A

ACKNOWLEDGEMENT & AGREEMENT TO BE BOUND BY

PROTECTIVE ORDER

I, ___________________________________________[print or type full name], declare 

that:

1. My address is _________________________________________________________. 

My current employer is _________________________________________________. 

My current occupation is ________________________________________________.

Case 6:20-cv-00475-ADA Document 122-9 Filed 11/19/21 Page 26 of 28
2. I have received a copy of the Protective Order in this action. I have carefully read in its 

entirety and understand the provisions of the Protective Order.

3. I will comply with and by bound by all of the provisions of the Protective Order. I 

understand and acknowledge that failure to so comply could expose me to sanctions and 

punishment in the nature of contempt.

4. I will hold in confidence, will not disclose to anyone not qualified under the Protective 

Order, and will use only for purposes of this action any information designated as 

“CONFIDENTIAL,” “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” or 

“HIGHLY CONFIDENTIAL – SOURCE CODE” that is disclosed to me.

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

designated as “CONFIDENTIAL,” “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES

ONLY,” or “HIGHLY CONFIDENTIAL – SOURCE CODE” that came into my 

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

outside counsel for the Party by whom I am employed.

6. I hereby submit to the jurisdiction of the Court in which the action is pending for the 

purpose of enforcement of the Protective Order in this action, even if such enforcement 

proceedings occur after termination of the above-captioned action.

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

Signature: ___________________________________________________________

Printed Name: ________________________________________________________

Date: _______________________________________________________________

City and State where sworn and signed: ____________________________________

E-mail Address: ______________________________________________________

Case 6:20-cv-00475-ADA Document 122-9 Filed 11/19/21 Page 27 of 28
Telephone: __________________________________________________________

Case 6:20-cv-00475-ADA Document 122-9 Filed 11/19/21 Page 28 of 28