EXHIBIT A

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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.

MICROSOFT CORPORATION,

Defendant.

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CIVIL ACTION 6:20-CV-00454-ADA 

CIVIL ACTION 6:20-CV-00455-ADA

CIVIL ACTION 6:20-CV-00456-ADA

CIVIL ACTION 6:20-CV-00457-ADA

CIVIL ACTION 6:20-CV-00458-ADA

CIVIL ACTION 6:20-CV-00459-ADA

CIVIL ACTION 6:20-CV-00460-ADA

CIVIL ACTION 6:20-CV-00461-ADA

CIVIL ACTION 6:20-CV-00462-ADA

CIVIL ACTION 6:20-CV-00463-ADA

CIVIL ACTION 6:20-CV-00464-ADA

CIVIL ACTION 6:20-CV-00465-ADA

PATENT CASE

JURY TRIAL DEMANDED

PROTECTIVE ORDER

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

and Defendant Microsoft Corporation, hereafter referred to as “the Parties,” believe that certain

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

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

information, or information implicating privacy considerations in the Action1;

WHEREAS, thePartiesseek a protective orderlimiting disclosure thereofin accordancewith

Federal Rule of Civil Procedure 26(c):

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

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

1 Action means the Case Nos. 6:20-cv-0454 through 6:20-cv-00465. 

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

whole or in part, confidential orproprietaryinformation ortrade secrets oftheParty or aNonParty 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 ofthe

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 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 untilsuch document isredesignated to have a different classification under 

this Order.

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

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

CONFIDENTIAL – SOURCE CODE” (“DESIGNATED MATERIAL”),

2 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,

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

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

DESIGNATED MATERIALS shall also be considered DESIGNATED MATERIAL and

treated as such under this Order.

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

2 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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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. If a receiving 

Party learns that, by inadvertence or otherwise, it has disclosed Protected Material to any 

person or in any circumstance not authorized by this Order, the receiving Party must 

immediately (a) notify in writing the designating Party of the unauthorized disclosures, (b) 

use its best efforts to retrieve all unauthorized copies of the Protected 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,” (Appendix A).

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

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

upon order of the Court, or as set forth in paragraph 14 herein:

(a) outside counsel of record in this Action for the Parties, and outside counsel retained

for the purpose of this litigation;

(b) outside counsel’s paralegals, attorneys, and staff, working at the direction of such 

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

in the litigation of this Action;

(c) no more than two (2) in-house counsel for the Parties to whom such disclosure is 

reasonably necessary for the oversight, conduct, and/or resolution of this litigation, all 

of whom have read this Order and signed the “Acknowledgement and Agreement to 

Be Bound” (Appendix A);

(d) up to and including two (2) designated representatives of each of the Parties to whom 

such disclosure is reasonably necessary for the oversight, conduct, and/or resolution

of this litigation, and who has read this Order and signed the “Acknowledgement and 

Agreement to Be Bound” (Appendix A),

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(e) outside consultants or experts3 (i.e., not existing employees or affiliates of a Party or an 

affiliate of a Party) retained for the purpose of this litigation, provided that: (1) such 

consultants or experts are not presently employed by the Parties hereto for purposes

other than this Action; (2) before access is given, the consultant or expert has

completed the Undertaking attached as Appendix A hereto and the same isserved upon

the producing Party with a current curriculum vitae of the consultant or expert at least

seven (7) days before access to the Protected Material is to be given to that consultant

or Undertaking to object to and notify the receiving Party in writing that it objects to

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

promptly confer within three business days in good faith to resolve any such objection. 

If the Parties are unable to resolve any objection, the objecting Party must file a motion 

with theCourt within three business days requesting a hearing or within such othertime

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

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

protective order. No disclosure shall occur until all such objections are resolved by

agreement or Court order;

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

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

document imaging, and database services retained by counsel and reasonably 

necessary to assist counsel with the litigation of this Action; and

(g) the Court and its personnel.

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

upon a good faith belief that the documents, information or material should be protected

from public disclosure because such information (i) contains confidential or proprietary 

information or trade secrets of the Party or a Non-Party to whom the Party reasonably

believesit owes an obligation of confidentiality with respect to such documents, information 

or material; or (ii) any information that a Party or Non-Party reasonably believes to be 

subject to federal, state or foreign Data Protection Laws or other privacy obligations..

3 For any such person, the curriculum vitae shall identify his/her (i) current employer(s), (ii) each person or entity 

from whom s/he has received compensation or funding for work in his or her areas of expertise or to whom the s/he 

has provided professional services, including in connection with a litigation, at any time during the preceding five 

years; (iii) (by name and number of the case, filing data, and location of court) any litigation in connection with which 

s/he has offered expert testimony, including through a declaration, report, or testimony at a deposition or trial, during 

the preceding five years. If such consultant or expert believes any of this information is subject to a confidentiality 

obligation to a third-party, then the s/he 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.

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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. 

Disclosure of DESIGNATED MATERIALS shall be subject to all applicable laws and

regulations relating to the export of technical data contained in such DESIGNATED

MATERIALS including the release of such technical data to foreign persons or nationals 

in the United States or elsewhere. Each party receiving DESIGNATED MATERIALS

shall comply with all applicable export control statutes and regulations.

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

designated CONFIDENTIAL is so highly 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

Material includes computer source code (i.e., a text listing of computer instructions, 

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

compiler, or other translator, the disclosure of which to another Party or Non-Party would 

create a substantial risk of serious harm) and/or live data (that is, data as it exists residing 

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

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

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

Party or Non-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); 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)-(b) and 5(e)-(g).

10. 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 

applicable to each of the above-captioned cases is accessible from each review 

computer. If a Party’s Source Code is provided on the review computers, each 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). 

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 capable 

of temporarily storing electronic copies solely for the limited purposes permitted 

pursuant to paragraph 10(h) and (k) below. Each review computer shall, at the 

receiving Party’s request and expense, and 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 

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

stand-alone computers. Requests for installation of tools will be provided to the 

producing Party in a reasonable time. Except as provided in paragraph 10(k) below, the

review computers produced by Microsoft will only be made available at the Austin

offices of the law firm Fish & Richardson, or as otherwise agreed. If, due to a public 

health or other emergency, there arise federal, state, or local social distancing or travel 

restrictions, which would substantially hinder the source code review, the Parties shall

meet and confer in good faith to discuss the feasibility of making the source code 

machines available in an alternative location that would allow source code review to 

occur while satisfying the reasonable interests of the producing Party in maintaining 

the security of its Source Code Material. 

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

accessto the review computersto normal business hours for Fish & Richardson, where 

the code is hosted, which for purposes of this paragraph shall be 8:30 a.m. through 4:00 

p.m. CST. 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. Requests for access 

shall be made ten (10) business-days’ notice for the initial inspection of the Source 

Code Materials and three (3) business-days’ notice for any subsequent inspection 

of the Source Code Materials.4 Any single inspection may span multiple days 

based on the same notice. Requests for access shall include the information 

reasonably needed to access the building, including the names of the visitors and 

expected times of arrival. The Parties agree to cooperate in good faith such that 

maintaining the producing Party’s Source Code Material at the offices of its outside 

counsel shall not unreasonably hinder the receiving Party’s ability to efficiently and 

effectively conduct the prosecution or defense of this Action;

(c) 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 accessthe 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. The hosting facility for the producing Party shall 

provide a secure location to store personal electronic devices, such as cellular 

telephones, where they will be readily accessible to the reviewer outside the review 

room upon request. 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;

(d) The producing Party will produce Source Code Material in computer searchable 

format on the review computer as described above;

4 The parties recognize that the request for access for initial inspection of code has already been made and that 

additional requests shall require three (3) business-days’ notice.

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(e) Access to Protected Material designated “HIGHLY CONFIDENTIAL - SOURCE 

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

experts5 (i.e., not existing employees or affiliates of a Party or an affiliate of a Party)

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

Materials pursuant to paragraph 5(e) above. A receiving Party may include reasonably 

limited excerpts of Source Code Material in a pleading, exhibit, expert report, 

discovery document, deposition transcript, other Court document, provided that the 

Source Code Documents are appropriately marked under this Order, restricted to those

who are entitled to have access to them as specified herein, and, if filed with the Court, 

filed under seal in accordance with the Court’s rules, procedures and orders;

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

Document, either (1) the entire Source Code Document will be stamped and treated as

“HIGHLY CONFIDENTIAL – SOURCECODE” or(2)those pages containing quoted 

Source Code Material will be separately stamped and treated as “HIGHLY 

CONFIDENTIAL – SOURCE CODE”;

(g) Except as set forth in paragraph 10(k) below, no electronic copies of Source Code 

Material 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;

(h) 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, 

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. The receiving Party may request 

additional copies of printed Source Code Material to be sent to specific individuals 

who have read this Order and signed Appendix A for the purposes of this litigation 

and with a need for additional, simultaneous access to the printed Source Code 

Material, and such requests shall not be unreasonably denied by the producing Party. 

The requesting party may seek leave of Court to require additional copies if the 

requesting Party believes the other party has unreasonably denied such a request. The 

receiving Party shall maintain a log of all such files that are printed.

5 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 or expert’s staff and 

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

working at the direction of such outside consultant or expert must sign the acknowledgement form 

attached as Appendix A.

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The receiving Party shall not print more than [WSOU: 1000 pages for each software 

release]. [Microsoft: ten (10) consecutive pages of continuous Source Code. The 

receiving Party may request permission to print additional consecutive pages of 

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

producing Party. In addition, the receiving Party shall be limited to printing a total of 

two hundred and fifty (250) pages of Source Code per case, 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 one (1) business 

day 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.

If during the course of a review the receiving Party has stored electronic print-outs of 

Source Code Material (for example a pdf file) on the review computer, the receiving 

Party may request the producing Party provide the receiving Party with a Bates-labeled 

and appropriately designated paper copy of the electronic print-outs to the Receiving 

Party within one (1) business day. The producing Party will not delete such stored 

electronic print-outs from the review computer.

(i) Should such printouts or photocopies be transferred back to electronic media, such 

media shall be labeled “HIGHLY CONFIDENTIAL – SOURCE CODE” and shall 

continue to be treated as such;

(j) 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 may not be copied 

and may not be removed from a secured container or location unless in a secured, 

private area. The receivingPartymay 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

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

Party at the direction of a person authorized under paragraph 10(e) above to another 

person authorized under paragraph 10(e) above, on paper via hand carry, Federal 

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Express or other similarly reliable and insured 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. Source Code Material may only be transported 

electronically for the purpose of Court proceeding(s) or deposition(s) as set forth

herein and is at all times subject to the transport restrictions set forth herein. For those 

purposes only, the Source Code Materials may be stored on a stand-alone computer.

(l) 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.

(m) Copies of Source Code Material that are marked as deposition exhibits shall not be 

provided to the court reporter or attached to deposition transcripts; rather, the 

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

provided in 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. 

11. 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 

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

Order shall not 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 during the

pendency ofthisAction and for one year afterits conclusion, including any appeals [WSOU: 

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

MATERIAL] [Microsoft: or two years after such person has terminated their involvement 

in this Action by filing of a notice of withdrawal with the Court], whichever is earlier.

These prohibitions shall not preclude Plaintiff’s litigation counsel from participating in any 

inter partes review, CBM, or post-grant review proceedings, provided there is no attempt 

to amend any claims in the proceedings by any counsel for patent owner during the course 

of the proceedings. 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, on behalf of the Party or its acquirer, successor,

predecessor, or other affiliate, prepare, prosecute, supervise or assist in the preparation or

prosecution of any patent application pertaining to the field of invention of the patent-insuit.

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

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 

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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 

information designated in this Action as “CONFIDENTIAL,” “HIGHLY 

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

SOURCE CODE” 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.

13. In the event that a Party is required, by a valid discovery request, to produce a Non-Party’s 

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

Non-Party not to produce the Non-Party’s confidential information, then the Party shall:

1. promptly [WSOU:, no later than three (3) business days after such an obligation is 

discovered,] notify in writing the Requesting Party and the Non-Party simultaneously that 

some or all of the information requested is subject to a confidentiality agreement with a 

Non-Party;

2. promptly provide the Non-Party with a copy of this Order, the relevant discovery 

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

3. make the information requested available for inspection by the Non-Party. If the 

Non-Party fails to object and seek a protective order from this court within 14 calendar 

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days of receiving the notice and accompanying information, the Party shall produce the 

Non-Party’s confidential information responsive to the discovery request. If the Party 

maintains it cannot produce the Non-Party’s confidential information even after the notice 

and accompanying information have been provided, the Party may prepare a joint motion 

in which the Party and the Requesting Party ask that the court order expedited production 

of the Non-Party’s confidential information in response to the discovery request. If the 

Non-Party timely seeks a protective order, the Party shall not produce any information in 

its possession or control that is subject to the confidentiality agreement with the Non-Party 

before a determination by the court. Absent a court order to the contrary, the Non-Party 

shall bear the burden and expense of seeking protection in this court of its Protected 

Material.

14. 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 any other privilege, doctrine, or immunity. 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 othermaterial itreasonably believes are protected under 

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

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

promptly notifying the recipient(s), in writing or via on-the-record request, and providing 

a privilege log for the inadvertently or unintentionally produced documents, information 

Case 6:20-cv-00456-ADA Document 64-1 Filed 03/29/21 Page 15 of 23
15

or other material. The recipient(s) shall gather and return all copies of such documents, 

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

privileged or otherwise protectedmarkings by the recipient(s), which pages shall instead

be destroyed and certified as such to the producing Party. After notice is provided, no 

use shall be made of such material during deposition or at trial, or for any other purpose or 

in any other manner, nor shall such material be shown 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. The producing 

Party shall include the documents in a privilege log identifying such inadvertently 

produced or disclosed documents. 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. 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.

Case 6:20-cv-00456-ADA Document 64-1 Filed 03/29/21 Page 16 of 23
16

15. 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.

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

DESIGNATEDMATERIALin taking testimony at any deposition or a hearing provided that 

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

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

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

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

or copy recipient of such DESIGNATED MATERIAL, has, in the ordinary 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 paragraph 9 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 

accessto DESIGNATED MATERIAL. DESIGNATED MATERIALshall not be disclosed 

to any other persons unless prior authorization is obtained from counsel representing the 

producing Party or from the Court.

17. Parties may, at the deposition or hearing or within thirty (30) 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 

Case 6:20-cv-00456-ADA Document 64-1 Filed 03/29/21 Page 17 of 23
17

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, the entire deposition

or hearing transcript shall be treated as confidential.

18. 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 confidential documents, information or material, 

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

exhibit filed publicly with the Court.

19. The Order applies to pretrial discovery. 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.

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

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

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

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

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

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

Case 6:20-cv-00456-ADA Document 64-1 Filed 03/29/21 Page 18 of 23
18

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

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

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

designation of the designating Party shall be maintained.

21. 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 he or she is subject to the terms and conditions of this Order, 

and shall sign an acknowledgment that he or she has received a copy of, has read, and has 

agreed to be bound by this Order. A copy of the acknowledgment form is attached as 

Appendix A.

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

(“Third Parties” or “Non-Parties”) and in the event that such Third Parties contended the 

discovery sought involves trade secrets, confidential business information, or other

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

23. 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) 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

materialso produced or given shall be treated as “CONFIDENTIAL” in accordance with this 

Order.

Case 6:20-cv-00456-ADA Document 64-1 Filed 03/29/21 Page 19 of 23
19

24. Even after final disposition of this litigation, the confidentiality obligations imposed by this 

Order shall remain in effect until the designating Party agrees otherwise in writing or a 

court order otherwise directs. Final disposition shall be deemed to be the later of (1) 

dismissal of all claims and defenses in this Action, with or without prejudice; and (2) final 

judgment herein after the completion and exhaustion of all appeals, rehearings, remands, 

trials, or reviews of this Action, including the time limits for filing any motions or 

applications for extension of time pursuant to applicable law. Within thirty (30) days of

final disposition of this Action, including any appeals, all DESIGNATEDMATERIAL,

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 and materials which have been admitted into evidence in this 

Action), shall at the producing Party’s election either be returned to the producing Party or

be destroyed. The receiving Party 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.

25. 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 

Case 6:20-cv-00456-ADA Document 64-1 Filed 03/29/21 Page 20 of 23
20

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.

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

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

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

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

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

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

action alleged to constitute a violation of this Order.

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

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

so asto void or make voidable whatever claim the Parties may have asto the proprietary and 

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

28. 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.

29. Each of the Partiesshall 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-00456-ADA Document 64-1 Filed 03/29/21 Page 21 of 23
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.

MICROSOFT CORPORATION,

Defendant.

§

§

§

§

§

§

§

§

§

§

§

§

§

§

§

§

§

CIVIL ACTION 6:20-CV-00454-ADA 

CIVIL ACTION 6:20-CV-00455-ADA

CIVIL ACTION 6:20-CV-00456-ADA

CIVIL ACTION 6:20-CV-00457-ADA

CIVIL ACTION 6:20-CV-00458-ADA

CIVIL ACTION 6:20-CV-00459-ADA

CIVIL ACTION 6:20-CV-00460-ADA

CIVIL ACTION 6:20-CV-00461-ADA

CIVIL ACTION 6:20-CV-00462-ADA

CIVIL ACTION 6:20-CV-00463-ADA

CIVIL ACTION 6:20-CV-00464-ADA

CIVIL ACTION 6:20-CV-00465-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 ________________________________________________.

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

entirety and understand the Protective Order.

3. I will comply with and be 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 

Case 6:20-cv-00456-ADA Document 64-1 Filed 03/29/21 Page 22 of 23
Order, and will use only for purposes of this action any information or item that is subject 

to the Protective Order.

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: ______________________________________________

Telephone: ______________________________________________

Case 6:20-cv-00456-ADA Document 64-1 Filed 03/29/21 Page 23 of 23