From: Blythe, Andrew Philip

To: Jim Etheridge; mark waltfairpllc.com; IPTeam; Ryan Loveless

Cc: *** GDC-Dell_WSOU; Chung, Jaysen S.

Subject: RE: WSOU v. Dell (WDTX), Case Nos. 6:20-cv-473-482, -485, and -486

Date: Monday, May 10, 2021 4:20:38 PM

Attachments: WSOU Dell Proposed PO CLEAN (5-10-21).docx

REDLINE - Dell Proposed PO (5.10.21) against WSOU Proposed PO (4.25.21).pdf

Jim,

We have considered WSOU’s proposals, accepted what we can, and otherwise proposed a

compromise or reverted. Attached is a clean copy and a redline against the clean version you sent

below on April 25th.

If WSOU is unable to agree with this version, please identify the specific provisions you dispute so

that we can discuss and bring them to the Court’s attention as necessary.

Best,

Andrew Blythe

GIBSON DUNN

Gibson, Dunn & Crutcher LLP

3161 Michelson Drive, Irvine, CA 92612-4412

Tel +1 949.451.3926 • Fax +1 949.475.4630

ABlythe@gibsondunn.com • www.gibsondunn.com

From: Jim Etheridge <jim@etheridgelaw.com> 

Sent: Sunday, April 25, 2021 11:31 AM

To: Blythe, Andrew Philip <ABlythe@gibsondunn.com>; mark waltfairpllc.com

<mark@waltfairpllc.com>; IPTeam <IPTeam@etheridgelaw.com>; Ryan Loveless

<ryan@etheridgelaw.com>

Cc: *** GDC-Dell_WSOU <GDC-Dell_WSOU@gibsondunn.com>; Chung, Jaysen S.

<JSChung@gibsondunn.com>; Jim Etheridge <jim@etheridgelaw.com>

Subject: Re: WSOU v. Dell (WDTX), Case Nos. 6:20-cv-473-482, -485, and -486

[External Email]

Andrew,

We accepted numerous of your proposed hybrid modifications. Attached is

WSOU's proposal and a redline to your last (4-15) proposal.

After you have had a chance to review. Let's set up a meet and confer and see

what might be resolved and what we need to take to the Court.

Cordially,

1

Case 6:20-cv-00475-ADA Document 122-1 Filed 11/19/21 Page 1 of 14
JIm

From: Jim Etheridge <jim@etheridgelaw.com>

Sent: Friday, April 23, 2021 4:34 PM

To: Blythe, Andrew Philip <ABlythe@gibsondunn.com>; mark waltfairpllc.com

<mark@waltfairpllc.com>; IPTeam <IPTeam@etheridgelaw.com>; Ryan Loveless

<ryan@etheridgelaw.com>

Cc: *** GDC-Dell_WSOU <GDC-Dell_WSOU@gibsondunn.com>; Chung, Jaysen S.

<JSChung@gibsondunn.com>

Subject: Re: WSOU v. Dell (WDTX), Case Nos. 6:20-cv-473-482, -485, and -486

Andrew,

We are working on getting you comments to your latest. In all fairness, we

proposed an order back in Oct based on EDTX's order, but Dell choose to use a

WDTX order for common commercial cases. It's been a moving target since then

with Dell proposing varying combinations of EDTX, WDTX and importing language

from other cases. We have worked with Benjamin, and the Jaysen and now

Andrew. Fortunately, we now have an WDTX default order, and we have the

court's rulings on similar issues raised by Microsoft.

We will get you comments by Monday. We can meet and confer next week and

that which cannot be resolved we can submit to the court.

Jim

From: Blythe, Andrew Philip <ABlythe@gibsondunn.com>

Sent: Friday, April 23, 2021 4:03 PM

To: mark waltfairpllc.com <mark@waltfairpllc.com>; IPTeam <IPTeam@etheridgelaw.com>; Ryan

Loveless <ryan@etheridgelaw.com>; Jim Etheridge <jim@etheridgelaw.com>

Cc: *** GDC-Dell_WSOU <GDC-Dell_WSOU@gibsondunn.com>; Chung, Jaysen S.

<JSChung@gibsondunn.com>

Subject: RE: WSOU v. Dell (WDTX), Case Nos. 6:20-cv-473-482, -485, and -486

Counsel,

We are following up on our below proposal for the protective order. Defendants have been trying

resolve this for months without response, and with discovery opening in two weeks on May 7, it is

critical that you engage on this so that we can resolve this shortly. Please get back to us early next

week with WSOU’s position.

Best,

2

Case 6:20-cv-00475-ADA Document 122-1 Filed 11/19/21 Page 2 of 14
Andrew Blythe

GIBSON DUNN

Gibson, Dunn & Crutcher LLP

3161 Michelson Drive, Irvine, CA 92612-4412

Tel +1 949.451.3926 • Fax +1 949.475.4630

ABlythe@gibsondunn.com • www.gibsondunn.com

From: Chung, Jaysen S. 

Sent: Thursday, April 15, 2021 6:49 AM

To: mark waltfairpllc.com <mark@waltfairpllc.com>; IPTeam <IPTeam@etheridgelaw.com>; Ryan

Loveless <ryan@etheridgelaw.com>; Jim Etheridge <jim@etheridgelaw.com>

Cc: *** GDC-Dell_WSOU <GDC-Dell_WSOU@gibsondunn.com>

Subject: RE: WSOU v. Dell (WDTX), Case Nos. 6:20-cv-473-482, -485, and -486

Counsel,

Since our last proposal for the protective order on January 26, to which WSOU never responded,

Judge Albright has issued a default protective order for patent cases and has also entered a

protective order in WSOU v. Microsoft (C.A. No. 6:20-00454-65). In light of those developments, we

attach a revised proposed protective order that better aligns to Judge Albright’s default and includes

provisions from the protective order entered in WSOU v. Microsoft.

If WSOU does not agree to jointly submit the attached protective order, please provide any

proposed edits along with a time to meet and confer next week so that the parties can resolve any

disputes before fact discovery opens on May 3rd.

Best,

Jaysen S. Chung

GIBSON DUNN

Gibson, Dunn & Crutcher LLP

555 Mission Street, San Francisco, CA 94105-0921

Tel +1 415.393.8271 • Fax +1 415.374.8405

JSChung@gibsondunn.com • www.gibsondunn.com

From: Chung, Jaysen S. 

Sent: Monday, February 22, 2021 2:00 PM

To: 'mark waltfairpllc.com' <mark@waltfairpllc.com>

Cc: 'Ryan Loveless' <ryan@etheridgelaw.com>; 'Jim Etheridge' <jim@etheridgelaw.com>;

Hershkowitz, Benjamin <BHershkowitz@gibsondunn.com>

Subject: RE: WSOU v. Dell (WDTX), Case Nos. 6:20-cv-473-482, -485, and -486

3

Case 6:20-cv-00475-ADA Document 122-1 Filed 11/19/21 Page 3 of 14
Hi Mark,

Following up on the below, just wanted to check in on your status with regard to the protective

order, and when we can expect to see any further comments from WSOU.

Thank you,

Jaysen S. Chung

GIBSON DUNN

Gibson, Dunn & Crutcher LLP

555 Mission Street, San Francisco, CA 94105-0921

Tel +1 415.393.8271 • Fax +1 415.374.8405

JSChung@gibsondunn.com • www.gibsondunn.com

From: Chung, Jaysen S. 

Sent: Tuesday, January 26, 2021 7:44 AM

To: 'mark waltfairpllc.com' <mark@waltfairpllc.com>

Cc: Ryan Loveless <ryan@etheridgelaw.com>; Jim Etheridge <jim@etheridgelaw.com>; Hershkowitz,

Benjamin <BHershkowitz@gibsondunn.com>

Subject: RE: WSOU v. Dell (WDTX), Case Nos. 6:20-cv-473-482, -485, and -486

Mark,

Thank you for sending over these comments to the protective order. We have been working with

our clients on issues raised in WSOU’s comments, including options for source code review location.

We note that although we were able to read WSOU’s comment bubbles, it was difficult at times to

follow all of WSOU’s proposed changes because some were in redline while others were not. Thus,

it would be helpful to have a call so that we can better understand WSOU’s thinking on these issues.

In any event, to the extent we were able to understand WSOU’s proposals and accept them in

advance of any further discussion, we did. Please see the attached clean Word document, along

with a redline comparison to the clean document we sent on November 25, 2020. We look forward

to further discussing this with you. If a call on Monday, February 1 at 1:30pm ET works for you,

please let us know.

Best,

Jaysen S. Chung

GIBSON DUNN

Gibson, Dunn & Crutcher LLP

555 Mission Street, San Francisco, CA 94105-0921

Tel +1 415.393.8271 • Fax +1 415.374.8405

4

Case 6:20-cv-00475-ADA Document 122-1 Filed 11/19/21 Page 4 of 14
JSChung@gibsondunn.com • www.gibsondunn.com

From: mark waltfairpllc.com <mark@waltfairpllc.com> 

Sent: Wednesday, December 16, 2020 6:50 AM

To: Chung, Jaysen S. <JSChung@gibsondunn.com>

Cc: Ryan Loveless <ryan@etheridgelaw.com>; Jim Etheridge <jim@etheridgelaw.com>

Subject: RE: WSOU v. Dell (WDTX), Case Nos. 6:20-cv-473-482, -485, and -486

[External Email]

Hi Jaysen,

Attached are WSOU’s comments to the draft protective order. We would like to set up a meet and

confer to discuss and hopefully resolve some of the disputes in the PO. We are available tomorrow

afternoon and Friday, as well as December 22nd for a meet and confer. Please let me know if any of

those times are workable for your team.

Sincerely,

Mark

From: Chung, Jaysen S. <JSChung@gibsondunn.com> 

Sent: Wednesday, November 25, 2020 9:33 AM

To: mark waltfairpllc.com <mark@waltfairpllc.com>

Cc: Ryan Loveless <ryan@etheridgelaw.com>

Subject: RE: WSOU v. Dell (WDTX), Case Nos. 6:20-cv-473-482, -485, and -486

Hi Mark,

We took WSOU’s proposal (the Word document from your November 17 email) and worked from

that as a base. Attached is a clean version of the updated proposed protective order, with a redline

comparison to the original. Our clients are still reviewing, but we wanted to send you this updated

version in the meantime. We look forward to further discussing this with you.

Best,

Jaysen S. Chung

GIBSON DUNN

Gibson, Dunn & Crutcher LLP

555 Mission Street, San Francisco, CA 94105-0921

Tel +1 415.393.8271 • Fax +1 415.374.8405

JSChung@gibsondunn.com • www.gibsondunn.com

5

Case 6:20-cv-00475-ADA Document 122-1 Filed 11/19/21 Page 5 of 14
From: mark waltfairpllc.com <mark@waltfairpllc.com> 

Sent: Friday, November 20, 2020 2:42 PM

To: Chung, Jaysen S. <JSChung@gibsondunn.com>

Cc: Ryan Loveless <ryan@etheridgelaw.com>

Subject: RE: WSOU v. Dell (WDTX), Case Nos. 6:20-cv-473-482, -485, and -486

[External Email]

Jaysen,

Thanks for reaching out. We have absolutely no problem engaging in a good-faith discussion about

the substantive terms of a protective order. Please include the provisions you would like us to

consider in WSOU’s proposal (based off the EDTX default order) and we will be more than happy to

take a look. As we have stated from the beginning, starting from a common default order, and

modifying it accordingly, is the easiest and most efficient means to reach an agreement – or at the

very least, provide the Court with an easy means of resolving any dispute between the parties.

If Dell’s isn’t agreeable to porting over the substantive concepts from Dell’s draft, we are more than

happy to take the issue before Court, and have each side submit its proposal.

Have a good weekend and we look forward to receiving your edits/additions.

Thanks,

Mark

From: Chung, Jaysen S. <JSChung@gibsondunn.com> 

Sent: Friday, November 20, 2020 11:38 AM

To: mark waltfairpllc.com <mark@waltfairpllc.com>

Cc: Ryan Loveless <ryan@etheridgelaw.com>

Subject: RE: WSOU v. Dell (WDTX), Case Nos. 6:20-cv-473-482, -485, and -486

Mark,

Thanks for your message. To date, we understand that WSOU has insisted on using the E.D. Tex.

order as a base, before the below guidance was provided. We had disagreed with WSOU’s approach

for reasons we previously stated. But in view of the new guidance, we suggest moving forward so

that the parties can submit an agreed-upon proposed protective order if possible.

To that end, hopefully we can agree that what is most important is the substance of the protective

order. With that as a foundation, we first would like to be clear on the process going forward—

namely, that the parties will engage in a good-faith discussion about the substantive terms of the

proposed order, regardless of the particular format. For instance, we can use WSOU’s proposal as a

base and port over the relevant substantive concepts from our current draft. However, if WSOU will

not agree to substantively discuss Defendants’ proposed provisions, and insists that Defendants

6

Case 6:20-cv-00475-ADA Document 122-1 Filed 11/19/21 Page 6 of 14
largely accept the E.D. Tex. order as it stands—including its limited source code provisions, which

Defendants do not believe are adequate—that is not acceptable to Defendants and we may be at an

impasse.

We reiterate that Defendants care about the substance of the protections, not the format of the

document, and are willing to work with WSOU provided it is willing to work with Defendants. Our

goal is to work to submit an agreed-upon proposed protective order with the necessary protections

in place, ideally without taking up the Court’s time. Please let me know your thoughts on the above.

Best,

Jaysen S. Chung

GIBSON DUNN

Gibson, Dunn & Crutcher LLP

555 Mission Street, San Francisco, CA 94105-0921

Tel +1 415.393.8271 • Fax +1 415.374.8405

JSChung@gibsondunn.com • www.gibsondunn.com

From: mark waltfairpllc.com <mark@waltfairpllc.com> 

Sent: Friday, November 20, 2020 7:20 AM

To: Chung, Jaysen S. <JSChung@gibsondunn.com>

Cc: Ryan Loveless <ryan@etheridgelaw.com>

Subject: RE: WSOU v. Dell (WDTX), Case Nos. 6:20-cv-473-482, -485, and -486

[External Email]

Jaysen,

Just following up on this email. Are we still going to discuss the PO this afternoon? Also,

yesterday Judge Albright updated his Patent FAQ section on the Court’s website

https://www.txwd.uscourts.gov/for-attorneys/judge-albright-courtroom-faq/. He provided the

following guidance for Protective Orders:

November 2020: Starting Point for a Protective Order / Interim Protective Order

Q. Until the Court provides a default protective order, what should the parties use as a

starting point and/or as an interim protective order?

A. The Court recommends using the default EDTX protective order as both a starting point

and/or as an interim protective order. The Court hopes to publish its default protective

order soon.

Sincerely,

7

Case 6:20-cv-00475-ADA Document 122-1 Filed 11/19/21 Page 7 of 14
Mark

From: mark waltfairpllc.com 

Sent: Tuesday, November 17, 2020 11:12 AM

To: Chung, Jaysen S. <JSChung@gibsondunn.com>

Cc: Ryan Loveless <ryan@etheridgelaw.com>

Subject: RE: WSOU v. Dell (WDTX), Case Nos. 6:20-cv-473-482, -485, and -486

Hi Jaysen,

We have thoroughly reviewed the order you provided. Again, we believe using a protective order

designed for a non-patent civil case is not the best starting point. It does not address patent

specific issues, such as source code, prosecution bars, etc. Moreover, we sent you a draft PO

several days before Dell responded with default PO from the WDTX. The majority of cases in

Judge Albright’s court use the EDTX default order with slight modifications. As you may know,

Judge Albright’s working group has been circulating a default PO based on the EDTX order

with very minor changes. In short, we believe it is a better use of our time to start from these

default PO’s, that way we have a baseline. One can easily do a redline to see how one party or

the other deviates from the standard. The Court can also gauge how far one party deviates

from a base PO. This approach will save both sides, as well as the court, valuable time.

We have identified several areas of your proposal that especially concerns us. First, the

prosecution bar is overbroad, has no time limits, and is unilateral – all of which are not in line

with the EDTX standard order. Additionally, the bar applies to individuals reviewing financial

information, but not technical information. Thus, by its terms, one who reviews financial data

is forever prohibited from being involved in prosecution concerning the “subject matter.” We

believe such an outcome is unreasonable.

Secondly, Dell’s proposal includes an acquisition bar, which have uniformly been rejected by

courts. By the terms of Dell’s proposal, counsel of record for WSOU could not be involved

with litigation of any patent in the same “subject matter” area in the future. Such a overbroad

restriction is unreasonable.

Third, the source code definition is lacking, as compared to WSOU’s proposal and contains

unreasonable limitations on source code. We believe the limitations on the amount and

procedures for use of source code are unreasonable and not conducive for the needs of the

case. Again, we believe following the EDTX standard (which is only slightly modified in WSOU’s

proposal) is more reasonable.

8

Case 6:20-cv-00475-ADA Document 122-1 Filed 11/19/21 Page 8 of 14
Finally, we believe a three-page section on challenging designations only further invites

disputes between the parties. We believe the simple approach outline in our proposal is more

than adequate.

Attached you will find our proposal and Judge Albright’s working group redline of the EDTX

standard order. We are available to meet and confer with you the afternoon of November

19th or November 20th.

Sincerely,

Mark

From: Chung, Jaysen S. <JSChung@gibsondunn.com> 

Sent: Monday, November 16, 2020 1:33 PM

To: mark waltfairpllc.com <mark@waltfairpllc.com>

Subject: FW: WSOU v. Dell (WDTX), Case Nos. 6:20-cv-473-482, -485, and -486

Hi Mark,

Following up on the protective order issue, I wanted to touch base and see if we can work out the

substance of the proposed order. Once you have had a chance to review our proposal, I am

available to hop on a call to discuss any provisions in our proposal with you.

To reiterate, our clients are not wedded to any particular form, but want to make sure that there are

appropriate protections in place, including for any relevant, highly sensitive source code. To that

end, our proposal contains appropriate protections, beyond what is set forth in the standard WDTX

(which formed the basis of our proposed order) or EDTX (which was WSOU’s proposal). If you prefer

using the EDTX order as a base starting point, feel free to port over the provisions and protections

set forth in our proposed draft to your draft.

We are open to having a substantive discussion with WSOU in an effort to come to an agreement if

possible. After our discussion, we can each take any unresolved issues back to our respective clients

so that we can hopefully reach any necessary compromises.

Best,

Jaysen S. Chung

GIBSON DUNN

Gibson, Dunn & Crutcher LLP

555 Mission Street, San Francisco, CA 94105-0921

Tel +1 415.393.8271 • Fax +1 415.374.8405

JSChung@gibsondunn.com • www.gibsondunn.com

9

Case 6:20-cv-00475-ADA Document 122-1 Filed 11/19/21 Page 9 of 14
From: Hershkowitz, Benjamin 

Sent: Wednesday, November 11, 2020 3:11 PM

To: mark waltfairpllc.com <mark@waltfairpllc.com>; Ryan Loveless <ryan@etheridgelaw.com>;

Rosenthal, Brian A. <BRosenthal@gibsondunn.com>; Hsin, Y. Ernest <EHsin@gibsondunn.com>;

Krevitt, Josh <JKrevitt@gibsondunn.com>; Kathir, Allen <AKathir@gibsondunn.com>; Barry K.

Shelton <bshelton@sheltoncoburn.com>; Barnes, Brian <BBarnes@gibsondunn.com>; Chung,

Jaysen S. <JSChung@gibsondunn.com>; Sabanoglu, Kyanna <KSabanoglu@gibsondunn.com>;

Iwahashi, Ryan K. <RIwahashi@gibsondunn.com>; Venus Allahyarzadeh

<venusallahyarzadeh@gibsondunn.com>; Brett Mangrum <brett@etheridgelaw.com>

Cc: IPTeam <IPTeam@etheridgelaw.com>

Subject: RE: WSOU v. Dell (WDTX), Case Nos. 6:20-cv-473-482, -485, and -486

Mark,

Thank you for following up. We were in the process of reviewing WSOU’s proposal.

It is Defendants’ understanding that Judge Albright has in patent cases entered protective

orders that have used the Western District of Texas default as their foundation. Please see

the attached examples, one of which was entered this fall.

Defendants took guidance from Judge Albright’s approach to protective orders in the past,

including these examples, to draft their proposed protective order. Defendants’ proposal

contains revisions in comparison to the Western District of Texas default, which are intended

to conform to the particular circumstances of this litigation, such as adequate protections for

source code review.

In addition, we appreciate WSOU’s reference to the protective order entered in the Solas

litigation involving Dell. As an initial matter, that litigation does not involve VMware, which

therefore had no input on that protective order. In any event, the protective order to which

WSOU refers had actually been based off of protective orders that had already been entered

in other Solas cases against other defendants. For instance, a similar protective order had

been entered in an E.D. Tex. case between Solas and Samsung over half a year earlier. See

Solas OLED Ltd. v. Samsung Display Co., No. 2:19-cv-152-JRG, D.I. 49 (E.D. Tex. Aug. 23, 2019).

We note that the Solas case against Dell from which your team pulled the protective order

involves Samsung as an intervenor and at least one overlapping patent (U.S. Patent No.

6,072,450). Compare id., D.I. 15, with Solas OLED Ltd. v. Dell Inc., D.I. 13 (W.D. Tex. Nov. 9,

2019). In addition, it is our understanding that Dell currently is trying to amend that

protective order. Defendants therefore would prefer to not work from the default of another

district if possible, including because WSOU’s draft appears to contemplate Patent Local Rules

from that other district.

10

Case 6:20-cv-00475-ADA Document 122-1 Filed 11/19/21 Page 10 of 14
Finally, we carefully reviewed WSOU’s proposal, and agree with you that there is overlap in

substance between the parties’ proposals. Defendants’ focus here is on substance, rather

than form. To that end, and in an effort to work cooperatively with WSOU on this issue, we

attempted to include certain portions from WSOU’s proposal in Defendants’ proposal where

possible. Defendants are also open to including other portions from WSOU’s proposal in the

protective order where possible. But first, Defendants respectfully request that WSOU review

Defendants’ proposal and provide comments to facilitate a discussion on the issue. We are

not wedded to any particular wording but focused on ensuring adequate protections and

avoiding (or at least minimizing) any disputes down the road. We are available for a call once

you have had a chance to review and comment.

We look forward to working with WSOU on this protective order, so that the parties can jointly

submit a proposed order to the Court in a timely manner.

Best,

-Ben

Benjamin Hershkowitz

GIBSON DUNN

Gibson, Dunn & Crutcher LLP

200 Park Avenue, New York, NY 10166-0193

Tel +1 212.351.2410 • Fax +1 212.351.6210

BHershkowitz@gibsondunn.com • www.gibsondunn.com

From: mark waltfairpllc.com <mark@waltfairpllc.com> 

Sent: Monday, November 9, 2020 6:25 PM

To: Ryan Loveless <ryan@etheridgelaw.com>; Hershkowitz, Benjamin

<BHershkowitz@gibsondunn.com>; Rosenthal, Brian A. <BRosenthal@gibsondunn.com>; Hsin, Y.

Ernest <EHsin@gibsondunn.com>; Krevitt, Josh <JKrevitt@gibsondunn.com>; Kathir, Allen

<AKathir@gibsondunn.com>; Barry K. Shelton <bshelton@sheltoncoburn.com>; Barnes, Brian

<BBarnes@gibsondunn.com>; Chung, Jaysen S. <JSChung@gibsondunn.com>; Sabanoglu, Kyanna

<KSabanoglu@gibsondunn.com>; Iwahashi, Ryan K. <RIwahashi@gibsondunn.com>; Venus

Allahyarzadeh <venusallahyarzadeh@gibsondunn.com>; Brett Mangrum <brett@etheridgelaw.com>

Cc: IPTeam <IPTeam@etheridgelaw.com>

Subject: RE: WSOU v. Dell (WDTX), Case Nos. 6:20-cv-473-482, -485, and -486

[External Email]

Benjamin,

I’m following up on the below email concerning the draft protective order we sent you a few weeks

ago. Please provide us with any comments so we can begin the process of getting the protective

order finalized.

11

Case 6:20-cv-00475-ADA Document 122-1 Filed 11/19/21 Page 11 of 14
Sincerely,

Mark

From: Ryan Loveless <ryan@etheridgelaw.com> 

Sent: Wednesday, October 28, 2020 10:54 AM

To: Hershkowitz, Benjamin <BHershkowitz@gibsondunn.com>; Rosenthal, Brian A.

<BRosenthal@gibsondunn.com>; Hsin, Y. Ernest <EHsin@gibsondunn.com>; Krevitt, Josh

<JKrevitt@gibsondunn.com>; Kathir, Allen <AKathir@gibsondunn.com>; Barry K. Shelton

<bshelton@sheltoncoburn.com>; Barnes, Brian <BBarnes@gibsondunn.com>; Chung, Jaysen S.

<JSChung@gibsondunn.com>; Sabanoglu, Kyanna <KSabanoglu@gibsondunn.com>; Iwahashi, Ryan

K. <RIwahashi@gibsondunn.com>; Venus Allahyarzadeh <venusallahyarzadeh@gibsondunn.com>;

Brett Mangrum <brett@etheridgelaw.com>

Cc: mark waltfairpllc.com <mark@waltfairpllc.com>; IPTeam <IPTeam@etheridgelaw.com>

Subject: RE: WSOU v. Dell (WDTX), Case Nos. 6:20-cv-473-482, -485, and -486

Counsel:

That particular protective order you used as a foundation is not typically used for patents cases. We

have searched and are unaware of any protective order before Albright using it as a foundation.

Also, the edits you make are quite substantial (approximately 60% has changed) and start to borrow

from the standard EDTX protective order we sent you. Further, Dell recently used the EDTX standard

we circulated as the foundation for its WDTX case in Solas v. Dell, Case No. 6:19-cv-00514 (protective

order entered May 14, 2020). There are a host of other Albright cases that also use the EDTX

standard framework.

Please provide any comments you may have to version we circulated last Thursday.

Thanks,

Ryan Loveless | Etheridge Law Group

2600 East Southlake Blvd | Suite 120-324 |Southlake, TX 76092

ryan@etheridgelaw.com | T 972 292 8303 | F 817 887 5950

From: Hershkowitz, Benjamin <BHershkowitz@gibsondunn.com> 

Sent: Monday, October 26, 2020 4:27 PM

To: Ryan Loveless <ryan@etheridgelaw.com>; Rosenthal, Brian A. <BRosenthal@gibsondunn.com>;

Hsin, Y. Ernest <EHsin@gibsondunn.com>; Krevitt, Josh <JKrevitt@gibsondunn.com>; Kathir, Allen

<AKathir@gibsondunn.com>; Barry K. Shelton <bshelton@sheltoncoburn.com>; Barnes, Brian

<BBarnes@gibsondunn.com>; Chung, Jaysen S. <JSChung@gibsondunn.com>; Sabanoglu, Kyanna

<KSabanoglu@gibsondunn.com>; Iwahashi, Ryan K. <RIwahashi@gibsondunn.com>; Venus

Allahyarzadeh <venusallahyarzadeh@gibsondunn.com>; Brett Mangrum <brett@etheridgelaw.com>

Cc: Mark Siegmund <mark@waltfairpllc.com>; IPTeam <IPTeam@etheridgelaw.com>

Subject: RE: WSOU v. Dell (WDTX), Case Nos. 6:20-cv-473-482, -485, and -486

12

Case 6:20-cv-00475-ADA Document 122-1 Filed 11/19/21 Page 12 of 14
Counsel,

Thank you for sending the draft protective order based off of Judge Gilstrap’s standard in the

Eastern District of Texas. Defendants were working on a draft protective order in parallel that

is based off of the Western District of Texas default protective order. We propose that the

parties work from the attached.

Please let us know if you have any comments.

Best,

-Ben

Benjamin Hershkowitz

GIBSON DUNN

Gibson, Dunn & Crutcher LLP

200 Park Avenue, New York, NY 10166-0193

Tel +1 212.351.2410 • Fax +1 212.351.6210

BHershkowitz@gibsondunn.com • www.gibsondunn.com

From: Ryan Loveless <ryan@etheridgelaw.com> 

Sent: Thursday, October 22, 2020 5:43 PM

To: Rosenthal, Brian A. <BRosenthal@gibsondunn.com>; Hsin, Y. Ernest <EHsin@gibsondunn.com>;

Hershkowitz, Benjamin <BHershkowitz@gibsondunn.com>; Krevitt, Josh

<JKrevitt@gibsondunn.com>; Kathir, Allen <AKathir@gibsondunn.com>; Barry K. Shelton

<bshelton@sheltoncoburn.com>; Barnes, Brian <BBarnes@gibsondunn.com>; Chung, Jaysen S.

<JSChung@gibsondunn.com>; Sabanoglu, Kyanna <KSabanoglu@gibsondunn.com>; Iwahashi, Ryan

K. <RIwahashi@gibsondunn.com>; Venus Allahyarzadeh <venusallahyarzadeh@gibsondunn.com>;

Brett Mangrum <brett@etheridgelaw.com>

Cc: Mark Siegmund <mark@waltfairpllc.com>; IPTeam <IPTeam@etheridgelaw.com>

Subject: WSOU v. Dell (WDTX), Case Nos. 6:20-cv-473-482, -485, and -486

[External Email]

Counsel:

Attached is a draft protective order that closely tracks Judge Gilstrap’s standard protective order in

the EDTX.

Please provide any comments you might have. 

Thanks,

Ryan Loveless | Etheridge Law Group

2600 East Southlake Blvd | Suite 120-324 |Southlake, TX 76092

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Case 6:20-cv-00475-ADA Document 122-1 Filed 11/19/21 Page 13 of 14
ryan@etheridgelaw.com | T 972 292 8303 | F 817 887 5950

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14

Case 6:20-cv-00475-ADA Document 122-1 Filed 11/19/21 Page 14 of 14