Exhibit B
IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS

WACO DIVISION

UNIFICATION TECHNOLOGIES LLC,

Plaintiff, Civ. A. No. 6:20-CV-500

vs.

MICRON TECHNOLOGY, INC., et al.,

Defendants

REQUEST FOR INTERNATIONAL JUDICIAL ASSISTANCE 

(LETTER ROGATORY)

To: The Judicial Authorities of Taiwan

The United States District Court for the Western District of Texas presents its compliments 

to the judicial authorities of Taiwan and has the honor to request international judicial assistance 

to obtain evidence to be used in a civil proceeding before this Court in the above-captioned matter, 

namely, an action for patent infringement between Unification Technologies LLC, a Texas 

limited liability company (“UTL”), and Micron Technology, Inc., a Delaware corporation;

Micron Semiconductor Products, Inc., an Idaho corporation; and Micron Technology Texas 

LLC, an Idaho limited liability company (together, “Micron”). Trial is currently set to begin on 

June 13, 2022 in Waco, Texas, USA. 

The Court requests the assistance described in this letter as necessary in the interests of 

justice. The assistance requested is that the appropriate judicial authorities of Taiwan compel the 

below-named persons to produce the documents and provide the testimony described below.
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PERSONS FROM WHOM EVIDENCE IS SOUGHT

Silicon Motion, Inc.

8F-1, No. 36, Taiyuan Street

Jhubei City

Hsinchu County

Taiwan

Silicon Motion, Inc. is represented by:

David J. Tsai

Pillsbury Winthrop Shaw Pittman LLP

Four Embarcadero Center, 22nd Floor

San Francisco, CA 94111-5998

Phison Electronics Corp.

No. 1, Qun Yi Road

Jhunan, Miaoli

Taiwan

Both of these corporations are organized under the law of Taiwan.

THE PARTIES AND THEIR REPRESENATIVES

UTL is represented in this civil action by:

Edward R. Nelson III

Robert A. Delafield II

Nelson Bumgardner Conroy PC

3131 West 7th St., Suite 300

Fort Worth, Texas 76107 USA

Email: ed@nelbum.com, bobby@nelbum.com

Jonathan H. Rastegar

Nelson Bumgardner Conroy PC

2727 N. Harwood St., Suite 250

Dallas, Texas 75201 USA

Email: jon@nelbum.com 

Timothy E. Grochocinski

Nelson Bumgardner Conroy PC

15020 S. Ravinia Ave., Suite 29 

Orland Park, Illinois 60462 USA

Email : tim@nelbum.com

UTL is also represented in connection with these letters rogatory by:
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Theodore J. Folkman

Folkman LLC

53 State St., Suite 500

Boston, Massachusetts 02109 USA

Email: ted@folkman.law

UTL’s representative in Taiwan is:

Christopher M. Neumeyer

正浩外國法事務律師事務所

Attorney of Foreign Legal Affairs

P.O. Box 118-603

Taipei, Taiwan, R.O.C.

Email: chrisneumeyer@asialaw.biz

Micron is represented in this civil action by:

Thomas M. Melsheimer

Natalie Arbaugh

Qi Peter Tong

Winston & Strawn LLP

2121 N. Pearl St., Suite 900

Dallas, Texas 75201 USA

Email: tmelsheimer@winston.com, narbaugh@winston.com, ptong@winston.com

Katherine Vidal

Michael R. Rueckheim

Winston & Strawn LLP

275 Middlefield Rd., Suite 205

Menlo Park, CA 94025 USA

Email: kvidal@winston.com, mrueckheim@winston.com

Vivek V. Krishnan

Winston & Strawn LLP

35 W. Wacker Dr.

Chicago, Illinois 60601 USA

Email: vkrishnan@winston.com

BACKGROUND

UTL, the plaintiff in the action, is the owner of U.S. Patent Nos. 8,762,658 (“the ’658 

Patent”), 8,533,406 (“the ’406 Patent”), and 9,632,727 (“the ’727 Patent”, collectively, “the 
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Patents”). The Patents, in general terms, relate to managing data on solid-state devices such as 

Flash memory drives in order to make certain storage functions more efficient.

UTL claims that Micron infringed its Patents in violation of Title 35, Section 271(a) of the 

United States Code by making, using, selling, offering for sale, or importing into the United States 

products that are covered by claims of the Patents. UTL claims that Micron’s products, for example 

the Micron 5200 Series SSD, infringe the ’658 Patent because they contain a non-volatile storage 

medium such as flash memory, a flash translation layer, and circuitry and associated software that 

stores data in response to receiving certain commands such as the TRIM command, such that data 

is stored in response to the command indicating that certain data is erased. UTL claims that 

Micron’s products, for example the Micron Series 5200 Series SSD, infringe the ’406 Patent 

because they utilize flash memory, a flash translation layer that maps one or more logical block 

addresses to physical address for certain data and contains circuitry that is configured to receive a 

TRIM command that indicates and records that data stored in the 3d TLC NAND flash memory at 

the location specified by the logical block addresses indicated in a TRIM command has been 

deleted and can be erased. UTL also claims that Micron’s products, for example the Micron 5200 

Series SATA SSDs, infringe the ’727 Patent because they include solid-state storage memory such 

as NAND flash memory along with a controller, a flash translation layer, and circuitry and 

associated software that assigns logical addresses to physical addresses used to store data on the 

solid-state storage memory and also removes those assignments in response to commands such as 

TRIM from the operating system. Micron denies these allegations and asserts several affirmative 

defenses. Micron has also brought a counterclaim seeking a Declaration that it has not infringed 

the Patents and that the Patents are invalid. 
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Silicon Motion, Inc. (“SMI”) and Phison Electronics Corp (“Phison”) created source code

that is used in the controllers that are incorporated in the products that UTL alleges infringe its 

patents. Micron, does not manufacture the controllers and does not have the source code in its 

possession. UTL has asserted that the text of the source code is of primary importance to prove 

some of its claims of patent infringement. This Court finds that the source code would be relevant 

to the claims asserted in this civil action.

DOCUMENTS TO BE OBTAINED

(1) All source code used by the controllers that SMI provided to Micron for use in the 

following solid state drives (“SSDs”): Micron 2100, Micron 2100 AT, Micron BX500, Micron 

MX500, Micron P1, Micron X6, and Micron X8 Series.

(3) All source code used by the controllers that Phison provided to Micron for use in the 

following SSD: Micron P2 Series.

TESTIMONY TO BE OBTAINED

This Court also requests that the appropriate judicial authorities of Taiwan order SMI and 

Phison, each through an authorized representative with personal knowledge of the source code, to 

answer the following questions under oath, in order to authenticate the source code:

(1) QUESTION FOR SMI

a. Is the source code that SMI has produced a true and correct copy of the source 

code that it understands is used in the controllers incorporated in the following 

series of Micron SSD devices: Micron 2100, Micron 2100 AT, Micron BX500, 

Micron MX500, Micron P1, Micron X6, and Micron X8?

(2) QUESTION FOR PHISON
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a. Is the source code that Phison has produced a true and correct copy of the source 

code that it understands is used in the controllers incorporated in the Micron P2 

Series SSD devices?

RIGHTS OF THE WITNESSES

Witnesses have the right to refuse to produce evidence that is privileged, either under US 

federal law or under the laws of Taiwan. Under US law, the most commonly asserted privileges 

are the attorney-client privilege, which, in general terms, permits a client to refuse to provide 

evidence concerning communications with its lawyer for the purpose of obtaining legal device, 

and (for natural persons, but not for corporations) the privilege against self-incrimination, which, 

in general terms, permits a person to refuse to testify if the testimony might incriminate himself. 

It does not appear likely to this Court that any privilege under US law would apply with respect to 

the discovery requests described above.

SPECIAL PROCEDURES

This Court has entered a Protective Order in this case, which provides protections for 

parties or non-parties that produce confidential and proprietary information or trade secrets in the 

course of this litigation. A copy of the protective order is attached. The Protective Order provides 

specific protections for parties or non-parties producing source code. The protections are described 

in detail beginning at paragraph 13 of the Protective Order. 

Due to difficulties of international travel during the COVID-19 pandemic, this Court 

requests that SMI and Phison be ordered to produce the source code for inspection in accordance 

with the procedures outlined in the Protective Order on a date to be agreed by each company 

separately and counsel for the parties within one month of issuance of an order for production by 
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the appropriate judicial authority of Taiwan, or else at a location, within or outside of Taiwan, to 

be determined by the appropriate judicial authorities of Taiwan.

This Court offers assurances to the appropriate judicial authorities of Taiwan that it 

understands and takes very seriously Taiwanese companies’ interest in the confidentiality of their

source code and will strictly enforce the Protective Order.

This Court further requests that the testimony of the witnesses be given in court, under 

oath, and that the answers be transcribed verbatim. The Court further requests that representatives 

of UTL and Micron be permitted to put questions to the witnesses concerning the authenticity of 

the source code produced. 

This Court further requests that the parties’ representatives listed above be given advance 

notice, by email, of the time and place of all proceedings to be held in connection with this Letter 

Rogatory and of the time and place for the witness’s testimony.

RECIPROCITY AND COSTS

This Court thanks the authorities of Taiwan for their assistance in this matter and expresses 

its willingness to provide similar judicial assistance to the judicial authorities of Taiwan in similar 

cases and in other civil or commercial matters. The Court refers in particular to Title 28, Section 

1782 of the United States Code, a statute that authorizes a United States court, on application by a 

foreign judicial authority or by any interested person, to issue an order authorizing service of a 

subpoena for documents or for testimony.

This Court is willing to issue orders to compel the plaintiff to reimburse the judicial 

authorities of Taiwan for costs incurred in executing this letter rogatory.
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Hon. Alan D. Albright, US District Court Judge

U.S. District Court for the Western District of Texas
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UNIFICATION TECHNOLOGIES LLC,

Plaintiff,

v.

MICRON TECHNOLOGY, INC.,

MICRON SEMICONDUCTOR

PRODUCTS, INC.,

MICRON TECHNOLOGY TEXAS, LLC, 

Defendants.

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Case No. 6:20-CV-500-ADA

[PROPOSED] AGREED PROTECTIVE ORDER

Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, Unification Technologies 

LLC (“Plaintiff” or “UTL”), and Micron Technology, Inc., Micron Semiconductor Products, Inc., 

and Micron Technology Texas, LLC (“Defendants” or “Micron”) (collectively, “the Parties”) have 

stipulated and agreed to the terms and entry of, and the Court hereby orders the Parties to abide by, 

this Protective Order.

This Protective Order is issued to facilitate document disclosure and production under the 

Local Rules of this Court and the Federal Rules of Civil Procedure. Information subject to this 

Protective Order may be used only for the purposes of a lawsuit governed by this Protective Order. 

Unless modified pursuant to the terms contained in this Protective Order, this Protective Order shall 

remain in effect through the conclusion of each lawsuit governed by this Protective Order.

In support of this order, the Court finds that:

1) Documents and information containing confidential, proprietary business

information, and/or trade secrets (“Confidential Information”) that bear significantly on the Parties’ 

claims or defenses are likely to be disclosed or produced during the course of discovery in each 

lawsuit governed by this Protective Order;

UNITED STATES DISTRICT COURT 

FOR THE WESTERN DISTRICT OF TEXAS 

WACO DIVISION 

Case 6:20-cv-00500-ADA Document 40 Filed 10/29/20 Page 1 of 27
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IT IS, THEREFORE, ORDERED THAT:

Definitions

A. “Party”: any party to the above-captioned action (“Action”), including all of its

officers, directors, employees, and outside counsel (and their support staffs). 

B. “Plaintiff’: Unification Technologies LLC, including all of its officers, directors,

employees, and outside counsel (and their support staffs). 

C. “Defendants”: Micron Technology, Inc., Micron Semiconductor Products, Inc., and

Micron Technology Texas, LLC, including all of their officers, directors, employees, and outside 

counsel (and their support staffs). 

D. “Material”: all information, documents, items and things produced, served, made

available, or otherwise provided in this Action (whether paper, electronic, tangible or otherwise) by 

the Parties or by Non-Parties.

E. “Producing Party”: a Party or Non-Party that produces Material in this Action.

F. “Receiving Party”: a Party that receives Material from a Producing Party in this

Action.

G. “Designating Party”: a Party or Non-Party that designates Material as

“CONFIDENTIAL,” “CONFIDENTIAL OUTSIDE COUNSEL’S EYES ONLY” or 

“RESTRICTED CONFIDENTIAL - OUTSIDE COUNSEL’S EYES ONLY” in this Action.

2) Counsel for the Party receiving Confidential Information may presently be without

sufficient information to accept the representation(s) made by the Party or Non-Party producing 

Confidential Information as to the confidential, proprietary, and/or trade secret nature of 

such Confidential Information; and 

3) To protect the respective interests of the Parties and Non-Parties and to facilitate 

the progress of disclosure and discovery in each lawsuit governed by this Protective Order, the 

Court will issue this Protective Order. 

Case 6:20-cv-00500-ADA Document 40 Filed 10/29/20 Page 2 of 27
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H. “Non-Party”: any natural person, partnership, corporation, association, or other legal

entity not named as a Party to this action. 

I. “Data Breach” means any accidental, unlawful, or unauthorized 

destruction, alteration, disclosure, loss, theft, 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 Receiving Party in processing or 

possessing a Producing Party’s Protected Material. 

J. “Circuit Schematic Files”: a computer file or document containing a graphical

representation of an integrated circuit that shows the connections between the various components 

of the circuit. Circuit Schematic Files include complete hierarchical printouts (e.g., in PDF format) of 

schematic and logical netlist views that are used for abstract level simulation, but not for device 

fabrication. Circuit Schematic Files do not include Physical Design Files. 

K. “Physical Design Files”: a computer file or document that shows the 

physical arrangement of the components of the integrated circuit, also called the circuit 

layout. Physical Design Files are typically the final output product of integrated circuit design that is 

used by a foundry to fabricate an integrated circuit. Physical Design Files may include, for 

example, GDS (Graphic Database System), GDSII stream format, DEF (Design Exchange 

Format), and LEF (Library Exchange Format) files, but do not include Circuit Schematic Files. 

L. “HDL Source Code”: a computer file or files that contain electronic hardware

descriptions in a hardware description language, such as Verilog or VHDL. HDL Source Code 

refers only to native electronic files that are in a human readable format suitable for input to an 

assembler, compiler, interpreter, synthesis tool, or other translator. 

M. “Source Code”: a compilation of computer instructions and data definitions 

expressed in a human-readable form suitable for input to an assembler, compiler, interpreter, or other 

translator, including HDL Source Code. 

Case 6:20-cv-00500-ADA Document 40 Filed 10/29/20 Page 3 of 27
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N. “Source Code Material”: all software, firmware, Source Code, HDL Source Code,

Circuit Schematic Files, or Physical Design Files. 

O. “CONFIDENTIAL” Material: Material the Designating Party believes in good faith

is not generally known to others, and that the Designating Party (i) would not normally reveal to third 

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

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

right related to confidentiality or privacy, or (iii) believes in good faith to constitute or to contain 

confidential and/or proprietary information not otherwise known or available to the public. 

CONFIDENTIAL Material shall include all Material referring or relating to the foregoing, including 

but not limited to copies, summaries, and abstracts of the foregoing. Any Party may use the 

“CONFIDENTIAL” designation only if, in the good faith belief of such Party and its counsel, the 

unrestricted disclosure of such information and/or Materials could be potentially harmful to 

the business or operations of the party. 

P. “CONFIDENTIAL - OUTSIDE COUNSEL’S EYES ONLY” Material: Material the

Designating Party believes in good faith is not generally known to others and has significant 

competitive value such that unrestricted disclosure to others would create a substantial risk of serious 

injury, and which the Designating Party (i) would not normally reveal to third parties except in 

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

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

related to confidentiality or privacy, or (iii) believes in good faith constitutes proprietary financial, 

research, development, technical, or commercially sensitive competitive information that 

the Producing Party maintains as highly confidential in its business or the disclosure of which is 

likely to cause harm to the competitive position of the Producing Party. CONFIDENTIAL - 

OUTSIDE COUNSEL’S EYES ONLY Material shall include all Material referring or relating to the 

foregoing, including but not limited to copies, summaries, and abstracts of the foregoing. 

Case 6:20-cv-00500-ADA Document 40 Filed 10/29/20 Page 4 of 27
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Q. “RESTRICTED CONFIDENTIAL - OUTSIDE COUNSEL’S EYES ONLY”

Material: Material constituting Source Code Material as produced pursuant to Paragraph 13 

below or as incorporated into, for example, documents, answers to interrogatories, technical expert 

reports, or deposition testimony. RESTRICTED CONFIDENTIAL - OUTSIDE COUNSEL’S EYES 

ONLY Material shall include all Material referring or relating to the foregoing, including but not 

limited to copies, summaries, and abstracts of the foregoing. References to the Bates number of a 

previously printed page of RESTRICTED CONFIDENTIAL - OUTSIDE COUNSEL’S EYES ONLY 

Material are not RESTRICTED CONFIDENTIAL - OUTSIDE COUNSEL’S EYES ONLY Material. 

R. “Involved In The Prosecution Of Patents Or Patent Applications”: participation in any way 

on behalf of a patent owner/patent applicant or other person or entity having ownership, license, or other 

financial interest in the patent or in the patent or reissue application, in (i) reexamination 

proceedings before the United States Patent and Trademark Office or any foreign agency responsible 

for examining or issuing patents (which, for clarity, does not include review proceedings before 

the Patent Trial and Appeal Board), or (ii) drafting, reviewing, approving, or prosecuting any 

portion (e.g., any claim, any figure, or any specification language) of a patent application (including, but 

not limited to, provisional, non-provisional, original, continuation, continuation-in-part, divisional, 

reissue, and/or continued prosecution applications) or any portion of any amendment, 

response, reply, or other paper submitted to the United States Patent and Trademark Office or any 

foreign agency responsible for examining or issuing patents (which, for clarity, does not include 

review proceedings before the Patent Trial and Appeal Board). 

S. “Protected Matters”: Confidential Information, including but not limited to

documents, deposition testimony, discovery responses, summaries of Confidential Information or 

briefs discussing or containing Confidential Information, as well as copies thereof, disclosed or 

produced by any Producing Party in a lawsuit governed by this Protective Order. No Material 

shall be deemed Protected Matters if: 

Case 6:20-cv-00500-ADA Document 40 Filed 10/29/20 Page 5 of 27
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(1) it is in the public domain at the time of disclosure;

(2) it becomes part of the public domain;

(3) the Receiving Party can show it was in the Receiving Party’s rightful and

lawful possession at the time of disclosure;

(4) the Receiving Party lawfully received it from a Non-Party without restriction

as to disclosure, provided such Non-Party has the right to make the disclosure to the Receiving Party;

or

(5) the Receiving Party can show it was independently developed by the

Receiving Party after the time of disclosure by personnel who did not have access to the Producing 

Party’s Protected Matters.

Confidential Information

1. Except as otherwise indicated below, Protected Matters may be designated by a

Producing Party or Designating Party as “CONFIDENTIAL,” “CONFIDENTIAL - OUTSIDE 

COUNSEL’S EYES ONLY,” or “RESTRICTED CONFIDENTIAL - OUTSIDE COUNSEL’S 

EYES ONLY” as described below.

2. Protected Matters and any information contained therein shall not be used or shown,

disseminated, copied, or in any way communicated to anyone for any purpose whatsoever, except as 

provided in this Protective Order.

3. Protected Matters designated as “CONFIDENTIAL” and any information contained

therein may be disclosed (and copies may be made to facilitate this disclosure) only to the following 

persons (“Qualified Persons”):

(a) Outside counsel of record in a lawsuit governed by this Protective Order for

the Party receiving Protected Matters;

(b) Any four (4) in-house counsel of a Receiving Party who have responsibility

for maintaining, defending, or evaluating this litigation. No CONFIDENTIAL Material shall be 

Case 6:20-cv-00500-ADA Document 40 Filed 10/29/20 Page 6 of 27
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(d) The Court and Court personnel;

(e) The Mediator;

(f) Actual or potential independent experts or consultants (including translators)

who have been approved in accordance with Paragraph 14, including signing a document agreeing 

to be bound by the terms of this protective order (at Exhibit A hereto) and whose identity, as well as 

all present and prior relationships or affiliations, is provided to the Producing Party whose Protected 

Matters are to be disclosed for purposes in accordance with Paragraph 14; 

(g) Personnel of graphics, litigation support (including stenographic reporters,

videographers, and/or their staff), and trial/jury consulting firms, including any mock jurors, engaged 

by a Party or its attorneys in connection with a lawsuit governed by this Protective Order who have 

signed or whose representative has signed Exhibit A hereto prior to any disclosure of Protected 

Matters; and

(h) the author, addressee, or recipient of a document containing the information

in a deposition or at trial; and to the extent the author, addressee or recipient is a former employee of 

the Producing Party, only if he or she signs the Confidentiality Undertaking.

4. Protected Matters designated as “CONFIDENTIAL - OUTSIDE COUNSEL’S EYES

ONLY” shall be restricted in circulation to Qualified Persons described in paragraphs 3(a), 3(c), 3(d), 

3(e), 3(f), 3(g), and 3(h) above, and two (2) in-house counsel of a Receiving Party who have 

disclosed to such in-house counsel until the individual has signed the Confidentiality 

Undertaking attached hereto as Exhibit A, thereby declaring that he or she has read and understands this 

Protective Order and agrees to be bound by its provisions. Such written agreement shall be retained 

by counsel for the Receiving Party; 

(c) Administrative staff, e.g., paralegals and secretaries, working for counsel

defined in Paragraphs 3(a) and 3(b) (excluding experts and investigators) assigned to and 

necessary to assist counsel in the preparation and trial of this action; 

Case 6:20-cv-00500-ADA Document 40 Filed 10/29/20 Page 7 of 27
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responsibility for maintaining, defending, or evaluating this litigation if the in-house counsel signs 

the Confidentiality Undertaking and provides it to opposing counsel. 

5. Protected Matters designated as “RESTRICTED CONFIDENTIAL - OUTSIDE

COUNSEL’S EYES ONLY” shall be restricted in circulation to Qualified Persons described in 

paragraphs 3(a), 3(c) (excluding employees of 3(b)), 3(d), 3(e), 3(f), 3(g) (excluding mock 

jurors), and 3(h). 

6. To the extent that Protected Matters or information contained therein is used in

depositions, at hearings, or at trial, such documents or information shall remain subject to the 

provisions of this Protective Order, along with the transcript pages of the depositiontestimony and/or 

trial testimony referring to the Protected Matters or information contained therein. 

7. This Protective Order shall apply to the Parties and any Non-Party from whom

discovery may be sought and who desires the protection of this Protective Order. Thus, any Non-Party 

requested or required to produce or disclose information in this proceeding, through subpoena or 

otherwise, may designate such information pursuant to the terms of this Protective Order. 

8. In the event a Receiving Party wishes to use any “CONFIDENTIAL” or

“CONFIDENTIAL - OUTSIDE COUNSEL’S EYES ONLY” Material in any affidavits, briefs, 

memoranda of law, or other papers filed or introduced in Court in a lawsuit governed by this 

Protective Order, such information used therein shall be filed under seal with the Court. 

“RESTRICTED CONFIDENTIAL - OUTSIDE COUNSEL’S EYES ONLY” Material must also be 

filed under seal in compliance with Paragraph 13(i). 

9. Nothing in this Protective Order shall preclude any Receiving Party to a lawsuit

governed by this Protective Order or their attorneys from (1) showing a document prepared prior to the 

filing of this action and designated as “CONFIDENTIAL,” “CONFIDENTIAL - OUTSIDE 

COUNSEL’S EYES ONLY,” or “RESTRICTED CONFIDENTIAL - OUTSIDE COUNSEL’S 

EYES ONLY” to an individual in a deposition or at trial who appears as an author, addressee or 

Case 6:20-cv-00500-ADA Document 40 Filed 10/29/20 Page 8 of 27
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recipient of a copy of the document on the document’s face, and to the extent the author, addressee 

or recipient is a former employee of the Producing Party, only if he or she signs the 

Confidentiality Undertaking, or (2) disclosing or using, in any manner or for any purpose, any 

information or documents from the Party’s own files which the Party itself has designated as 

“CONFIDENTIAL,” “CONFIDENTIAL - OUTSIDE COUNSEL’S EYES ONLY,” or 

“RESTRICTED CONFIDENTIAL - OUTSIDE COUNSEL’S EYES ONLY” to an individual 

employed by the Party. 

10. The Receiving Party of any Protected Material 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 this Stipulated Protective Order implements and maintains Appropriate Safeguards. 

Depositions

11. Confidential Information disclosed at (a) the deposition of a Party or one of its present

or former officers, directors, employees, agents or independent experts retained by counsel for the 

purpose of a lawsuit governed by this Protective Order, or (b) the deposition of a Non-Party, may be 

designated by any Producing Party (including the Non-Party disclosing any such Confidential 

information) as “CONFIDENTIAL,” “CONFIDENTIAL – OUTSIDE COUNSEL’S EYES ONLY,” or 

“RESTRICTED CONFIDENTIAL - OUTSIDE COUNSEL’S EYES ONLY” Material by 

indicating on the record at the deposition that the testimony is “CONFIDENTIAL,” 

“CONFIDENTIAL - OUTSIDE COUNSEL’S EYES ONLY,” or “RESTRICTED 

CONFIDENTIAL - OUTSIDE COUNSEL’S EYES ONLY” Material and is subject to the provisions of 

this Protective Order. Any Producing Party (including the Non-Party having disclosed such 

Confidential Information) may also designate information disclosed at such deposition as 

“CONFIDENTIAL,” “CONFIDENTIAL - OUTSIDE COUNSEL’S EYES ONLY,” or 

“RESTRICTED CONFIDENTIAL - OUTSIDE COUNSEL’S EYES ONLY” Material by notifying 

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all of the Parties in writing at the time of deposition or before twenty-one (21) days after receipt 

of the transcript. Each Receiving Party shall attach a copy of such written notice or notices to the 

face of the transcript and each copy thereof in his possession, custody, or control. Unless 

previously designated in accordance with this Protective Order, all deposition transcripts shall 

be treated as “CONFIDENTIAL - OUTSIDE COUNSEL’S EYES ONLY” for a period of twentyone (21) days after the receipt of the transcript. 

12. At any time after the delivery of Protected Matters, counsel for the Receiving Party or 

Parties receiving the Protected Matters may challenge the designation of all or any portion thereof, 

including the level of the confidentiality designation, by providing written notice thereof to 

counsel for the Producing Party disclosing or producing the Protected Matters. If the Parties do 

not resolve the dispute within fourteen (14) days of the Producing Party receiving written notice of the 

challenge, the Receiving Party or Parties receiving the Protected Matters wishing to contest the 

designation may file a motion with the Court with regard to any Protected Matters in dispute. Upon the 

filing of such a motion by the Receiving Party or Parties, the Producing Party or Parties producing the 

Protected Matters shall have the burden of establishing that the disputed Protected Matters 

are entitled to confidential treatment at the designated level. All Protected Matters are entitled 

to confidential treatment pursuant to the terms of this Protective Order until and unless the Parties 

formally agree in writing to the contrary or a contrary determination is made by the Court as to 

whether all or a portion of the Protected Matters are entitled to confidential treatment at the 

designated level. 

“Restricted Confidential – Outside Counsel’s Eyes Only” Material

13. Protected Matters designated as “RESTRICTED CONFIDENTIAL - OUTSIDE

COUNSEL’S EYES ONLY” shall be subject to additional protections given the particularly sensitive 

nature of the information, unless otherwise advised by the Producing Party: 

(a) All RESTRICTED CONFIDENTIAL - OUTSIDE COUNSEL’S EYES

ONLY Material shall be made available by the Producing Party to the Receiving Party’s outside 

Case 6:20-cv-00500-ADA Document 40 Filed 10/29/20 Page 10 of 27
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counsel and/or experts who have been approved according to Paragraph 14 either in searchable PDF 

format or in native format in a secure room on a secured computer without Internet access or network 

access to other computers and with all input/output ports (such as USB) blocked, as necessary and 

appropriate to prevent and protect against any unauthorized copying, transmission, removal or other 

transfer of any RESTRICTED CONFIDENTIAL - OUTSIDE COUNSEL’S EYES ONLY Material 

outside or away from the computer on which the RESTRICTED CONFIDENTIAL - 

OUTSIDE COUNSEL’S EYES ONLY Material is provided for inspection (the “Secure 

Computer”). The Secure Computer will be located at one of the three following locations: (i) the 

offices of outside counsel for the Producing Party in this Action (e.g., Winston & Strawn in 

Dallas, Texas); (ii) the offices of Micron Technology, Inc., Micron Semiconductor Products, Inc., 

and Micron Technology Texas, LLC within the Western District of Texas; or (iii) at any other 

location mutually agreed upon by counsel for the Receiving Party and the Producing Party. 

The parties agree to meet and confer if the Secure Computer was not manufactured 

within the past five (5) years and thereby slows down the inspection process. The Producing Party 

shall provide the Receiving Party with information explaining how to start, log on to, and operate 

the Secure Computer in order to access the produced RESTRICTED CONFIDENTIAL - 

OUTSIDE COUNSEL’S EYES ONLY Material on the Secure Computer. After the Secure 

Computer has been prepared and provided to the Receiving Party, the Producing Party shall thereafter 

provide access to the Secure Computer during regular business hours on reasonable notice provided in 

writing by the Receiving Party (which shall be no less than at least five (5) business days’ notice) 

and may be accessed by the Receiving Party using this process throughout the case up to and 

including trial. This written notice from the Receiving Party shall identify in writing to the 

Producing Party the persons who will be conducting the inspection or will be present during the 

inspection. The Producing Party shall install software tools that are customary for viewing and 

searching the Material on the Secure Computer. The Producing Party shall provide a list of the tools 

that it intends to install on the Secure 

Case 6:20-cv-00500-ADA Document 40 Filed 10/29/20 Page 11 of 27
12

Computer twelve (12) business days before the Secure Computer is made available for inspection. 

The Receiving Party’s outside counsel and/or experts who have been approved according to 

Paragraph 14 may request that commercially available software tools reasonably necessary to assist 

in reviewing and searching the electronic information be installed on the Secure Computer. The 

Receiving Party must provide the Producing Party with the software tool(s) and evidence sufficient 

to establish the existence of a license that authorizes such installation at least five (5) business days 

in advance of the date upon which the Receiving Party wishes to have the additional software tools 

available for use on the Secure Computer. For emphasis, it should be noted that the tools for 

reviewing RESTRICTED CONFIDENTIAL - OUTSIDE COUNSEL’S EYES ONLY Material may 

not be used to circumvent the protections of this Protective Order in any way. Moreover, the 

Receiving Party shall not at any time use any compilers, interpreters or simulators in connection with 

the Producing Party’s RESTRICTED CONFIDENTIAL-OUTSIDE COUNSEL’S EYES ONLY 

Material, and in no event shall the Receiving Party cause tools to be installed on the Secure Computer 

that have the effect of altering, modifying, deleting, copying, or otherwise permitting the 

reproduction or removal of such RESTRICTED CONFIDENTIAL - OUTSIDE COUNSEL’S EYES 

ONLY Material. In addition, the Receiving Party shall not be permitted to bring electronic devices, 

including but not limited to hard drives, cellular phones, PDAs, cameras, and voice recorders, into 

the location of the Secure Computer with the following exception. Except as provided here and in 

Paragraph 13(i), no electronic copies of RESTRICTED CONFIDENTIAL - OUTSIDE COUNSEL’S 

EYES ONLY Material shall be made.

(b) The Receiving Party’s outside counsel and/or experts approved according to

Paragraph 13 shall be entitled to take notes (electronic or nonelectronic) relating to the Source Code

Material but may not copy the Source Code Material into such notes. To the extent the Receiving 

Party desires to take notes electronically, the Producing Party shall allow the Receiving Party to take 

notes on the Secure Computer or provide a note-taking computer (e.g., a computer, which is distinct 

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from the Secure Computer, that is not linked to any network, including a local area network (“LAN”), 

an intranet, or the Internet, and has image making functionality of any type disabled, including but 

not limited to camera or video functionality) (“Note-Taking Computer”) with a current, widely used 

word processing program for the Receiving Party’s use in taking such notes. The Note-Taking 

Computer shall be used for the sole purpose of note-taking and shall be retained by the Producing 

Party. The Note-Taking Computer shall have disk encryption and be password protected. Other than 

the Note-Taking Computer, use or possession of any input/output device (e.g., USB memory stick, 

mobile phone or tablet, camera or any camera-enabled device, CD, floppy disk, portable hard drive, 

laptop, or any device that can access the Internet or any other network or external system, etc.) is 

prohibited while accessing the Secure Computer. 

(c) Upon request, such notes shall be printed and promptly given to the Receiving

Party to retain, and the computer cleared of such notes. Any such printed notes shall be designated as 

and treated as RESTRICTED CONFIDENTIAL - OUTSIDE COUNSEL’S EYES ONLY 

material. Any printed notes shall also be treated as paper copies of RESTRICTED CONFIDENTIAL -

OUTSIDE COUNSEL’S EYES ONLY material, except that printed notes will not count toward the 

Receiving Party’s page limits in Paragraph 13(d) below. Rather, printed notes shall be limited to a 

total of one hundred (100) pages. In the event this limit is inadequate for the Receiving Party, the Parties 

agree to negotiate in good faith to establish a reasonable extension on that limit. The Note-Taking 

Computer shall have no features which would hinder the complete clearing of the Receiving Party’s 

notes after such notes have been printed. Any such notes shall not include copies or 

reproductions of portions of the Source Code Material, however, the notes may contain filenames, 

directory names, module names, or procedure names. No copies of all or any portion of the Source 

Code Material may leave the room in which the Source Code Material is inspected except as 

otherwise provided herein. Further, no written or electronic record of the Source Code Material is 

permitted except as otherwise provided herein. The Producing Party will not retain a copy of any 

Case 6:20-cv-00500-ADA Document 40 Filed 10/29/20 Page 13 of 27
14

printed notes. The log of such notes need not be produced to any other party absent Court Order 

(e.g., potentially in connection with a Protective Order violation motion). During any review of 

Material on the Secure Computer, the Producing Party may visually monitor the activities of 

the Receiving Party’s representatives from outside the room where the Secure Computer is located, 

but the Producing Party shall not make any recording, including any audio, video or digital recording, of 

the activities of the Receiving Party’s representatives. However, in the event that any Material is 

reviewed on a Secure Computer at Micron Technology, Inc., Micron Semiconductor Products, Inc., 

and Micron Technology Texas, LLC using a software review tool licensed to Micron, a Micron 

employee shall operate such software review tool in cooperation with the Receiving Party to 

facilitate the review. 

The Receiving Party shall also be entitled to take depositions of the Producing Party’s 

experts and other witnesses with access to the Source Code Material on the Secure Computer 

during the deposition upon request prior to the deposition. To the extent there is any 

objection by the Producing Party to hold a deposition where the Secure Computer is located, 

the Parties shall meet and confer to determine another location mutually agreed upon by counsel for 

the Receiving Party and the Producing Party to hold the deposition where the witness can access 

Source Code Material. 

(d) Under no circumstances are printouts or copies of RESTRICTED

CONFIDENTIAL - OUTSIDE COUNSEL’S EYES ONLY Material to be made except by the 

Producing Party. At the request of the Receiving Party, the Producing Party shall provide 

paper copies (“Original Printouts”) of portions of the Source Code Materials on the Secure 

Computer that are requested by the Receiving Party and are reasonably necessary to facilitate the 

Receiving Party’s preparation of court filings, expert reports, and trial exhibits. The Parties 

acknowledge and agree that the purpose of the protection herein would be frustrated by printing 

large portions of code for review and analysis elsewhere. The total number of pages of “Original 

Printouts” shall not exceed 250 pages. If the Receiving Party has already received a total of 250 pages 

and believes that additional pages are 

Case 6:20-cv-00500-ADA Document 40 Filed 10/29/20 Page 14 of 27
15

reasonably required for its case preparation, the Parties will follow the meet and confer 

requirements outlined below. Original Printouts that exceed 25 continuous pages shall be presumed 

excessive unless the Receiving Party provides a reasonable justification that such printed 

portions are necessary. The Producing Party shall Bates number, copy, and label 

“RESTRICTED CONFIDENTIAL - OUTSIDE COUNSEL’S EYES ONLY” material on any 

Original Printouts. If the Producing Party objects that the portions requested to be printed are 

excessive and/or not reasonably necessary to any case preparation activity, the Producing Party shall 

make such objection known to the Receiving Party within five (5) business days. If, after meeting 

and conferring, the Producing Party and the Receiving Party cannot resolve the objection, the 

Receiving Party or the Producing Party shall be entitled to seek a Court resolution of whether the 

print request is reasonably necessary to any case preparation activity as provided herein. The day after 

the completion of the meet and confer process, the Parties shall contact the Court’s clerk to 

schedule a conference. The Producing Party must use its power to object reasonably and may not, for 

example, make an objection simply to introduce delay or attempt to discover privileged 

information. In the absence of any objection, or upon resolution of any such dispute by the Court, the 

Producing Party shall provide via overnight mail one copy set of such Original Printouts to the Receiving 

Party within five (5) business days. The Original Printouts shall constitute part of the 

RESTRICTED CONFIDENTIAL - OUTSIDE COUNSEL’S EYES ONLY Material produced by the 

Producing Party in thisaction. 

(e) Unless otherwise agreed in advance by the Parties in writing, the Receiving

Party’s outside counsel and/or experts who have been approved according to Paragraph 13 shall 

remove all notes, documents, and all other materials from the room that may contain work product 

and/or attorney-client privileged information at the end of each day. Materials inadvertently left in the 

review room do not operate as a waiver of the attorney work product doctrine or any other 

applicable privilege and shall be returned to the owner promptly. The Producing Party shall not be 

responsible for any items left in the review room. 

Case 6:20-cv-00500-ADA Document 40 Filed 10/29/20 Page 15 of 27
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(h) The Receiving Party’s outside counsel of record and any person receiving a

copy of any RESTRICTED CONFIDENTIAL - OUTSIDE COUNSEL’S EYES ONLY Material 

shall maintain and store any paper copies of the Material at their offices in a manner that prevents 

(f) Other than as provided herein, the Receiving Party will not copy, remove, or

otherwise transfer any RESTRICTED CONFIDENTIAL - OUTSIDE COUNSEL’S EYES ONLY 

Material from the Secure Computer including, without limitation, copying, removing, or transferring 

the Material onto any other computers or peripheral equipment. The Receiving Party will 

not electronically transmit any RESTRICTED CONFIDENTIAL – OUTSIDE COUNSEL’S 

EYES ONLY Material in any way from the Producing Party’s facilities or the offices of its 

outside counsel of record. This provision does not prevent the Parties from including 

RESTRICTED CONFIDENTIAL - OUTSIDE COUNSEL’S EYES ONLY Material in filings with 

the Court made under seal. Unless otherwise agreed by the Producing and Receiving Parties, service 

copies of such filings must be served via secure FTP or FedEx. 

(g) The Receiving Party’s outside counsel of record may make no more than two (2)

additional paper copies of any portions of the Original Printouts of RESTRICTED

CONFIDENTIAL - OUTSIDE COUNSEL’S EYES ONLY Material received from a Producing 

Party pursuant to Paragraph 12(c), not including copies attached to court filings or used 

at depositions. The Receiving Party’s outside counsel of record shall maintain a complete log of 

Bates numbers of printed RESTRICTED CONFIDENTIAL - OUTSIDE COUNSEL’S EYES 

ONLY Material that lists the individuals who have reviewed and/or received paper copies of such 

Material, including the Bates number(s) of the copy and when it was provided to that person, and 

produce that log within five (5) business days of a Producing Party’s written request. In addition, any 

outside experts or consultants of the Receiving Party with access to RESTRICTED 

CONFIDENTIAL - OUTSIDE COUNSEL’S EYES ONLY Material shall not make any use of the 

Material for any purpose other than this Action. 

Case 6:20-cv-00500-ADA Document 40 Filed 10/29/20 Page 16 of 27
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duplication of or unauthorized access to the Material, including, without limitation, storing 

the Material in a locked room or cabinet at all times when it is not in use. 

(i) All paper copies of RESTRICTED CONFIDENTIAL - OUTSIDE

COUNSEL’S EYES ONLY Material shall be securely destroyed in a timely manner if they are no 

longer in use (e.g., at the conclusion of a deposition). Copies of any such 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. If the deposition 

exhibit has been marked up or altered in any way by the deponent, the Receiving Party shall store the 

exhibit in the same way paper copies of the RESTRICTED CONFIDENTIAL - OUTSIDE 

COUNSEL’S EYES ONLY Material are stored. 

Except as provided in this sub-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 RESTRICTED CONFIDENTIAL - OUTSIDE COUNSEL’S EYES ONLY 

Material from any paper copy of Material for use in any manner (including by way of example 

only, the Receiving Party may not scan the Material to a PDF or photograph the Material). Paper 

copies of the Original Printouts also may not be converted into an electronic document, and may not 

be scanned using optical character recognition (“OCR”) technology. However, a Receiving Party 

may make and use images of portions of the Material if reasonably necessary for court filings, 

expert reports, discovery responses, and other similar documents. In preparing such documents, a 

Receiving Party shall not transmit RESTRICTED CONFIDENTIAL - OUTSIDE COUNSEL’S 

EYES ONLY Material or any summaries of such documents that are in electronic form (e.g., PDF, 

TIFF, Word, Excel files) outside of the Receiving Party (e.g., in e-mail traveling on the 

Internet) unless the documents or summaries are encrypted using PGP© encryption with a pass 

phrase whose length is at least 10 characters. All such documents shall be clearly marked 

“RESTRICTED CONFIDENTIAL - OUTSIDE COUNSEL’S EYES ONLY Material.” Unless 

agreed by the Producing Party, images

Case 6:20-cv-00500-ADA Document 40 Filed 10/29/20 Page 17 of 27
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(i) current curriculum vitae, including the full name of the individual and

the city and state of his or her primary residence;

(ii) business address and title;

(iii) nature of business or profession;

(iv) any previous or current relationship (personal or professional) with any

of the Parties or any prior assignees of any of the asserted patents that also 

manufacture or sell solid state drives; 

(v) a listing of other actions (including case name, case number, and

court/agency) in which the individual has testified (at trial, deposition or in a hearing) 

over the last four years;

(vi) the individual’s current employer;

(vii) all companies for which the individual has consulted or been employed

by, within the past four years, the years of such consulting or employment and brief 

or copies of the Material shall not be included in any correspondence (references to 

production numbers shall be used instead). 

Disclosure to Experts or Non-Party Consultants

14. An independent expert’s or consultant’s access to Protected Matters shall be 

subject to the terms in this paragraph, including the notice-and-objection provisions below, and 

the requirement that the expert or consultant execute the Confidentiality Undertaking attached 

hereto as Exhibit A. The Party that retained the expert or consultant shall retain the Confidentiality 

Undertaking and must provide a copy to every Producing Party whose Protected Matters the 

expert or consultant might access, prior to such access. 

(a) Before a Receiving Party may disclose, directly or indirectly, any Protected

Matters to an independent expert or consultant, the Receiving Party must give written notice to 

the Producing Party of the following information as it relates to the expert or consultant: 

Case 6:20-cv-00500-ADA Document 40 Filed 10/29/20 Page 18 of 27
19

description of the work performed for any position that the individual directly worked 

on managing data in non-volatile memory; and

(viii) a copy of the expert’s or consultant’s signed Confidentiality

Undertaking (in the form attached hereto as Exhibit A). A separate Confidentiality 

Undertaking shall not be required for staff members working under the supervision of 

an individual signing a Confidentiality Undertaking in the form of Exhibit A. An 

individual signing a Confidentiality Undertaking in the form of Exhibit A, however, 

shall accept full responsibility for taking measures to ensure that staff members 

working under his or her supervision comply with terms of this Protective Order. 

(b) A Party that makes a written notice and provides the information specified in

the preceding paragraph may disclose the Protected Matters to the identified expert or consultant 

unless, within five business (5) days of the written notice, the Producing Party objects in writing.

(c) If an objection is made, the Producing and Receiving Parties shall meet and

confer to try to resolve the dispute by agreement. If no agreement is reached within five (5) business 

days, the Producing Party may move the Court for an order that access to Protected Matters be denied 

the designated individual, or other appropriate relief within five (5) additional business days. If the 

Producing Party moves the Court for relief, unless and until the Court determines otherwise, no 

disclosure of any such Protected Matters shall be made by the Receiving Party to any expert or 

consultant to whom an objection has been made. If the Producing Party does not move the Court for 

relief within five (5) business days, the Receiving Party may disclose the Protected Matters to the 

identified expert or consultant.

Inadvertent Failure to Designate

15. If, through inadvertence, a Producing Party in a lawsuit governed by this Protective

Order provides any information without marking the information as “CONFIDENTIAL,” 

“CONFIDENTIAL - OUTSIDE COUNSEL’S EYES ONLY,” or “RESTRICTED 

Case 6:20-cv-00500-ADA Document 40 Filed 10/29/20 Page 19 of 27
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Prosecution Bar

16. Any Material designated CONFIDENTIAL - OUTSIDE COUNSEL’S EYES ONLY

that is related to managing data in solid state drive technologies, other than non-technical 

information, such as financial or licensing information, or any material designated RESTRICTED 

CONFIDENTIAL - OUTSIDE COUNSEL’S EYES ONLY is subject to a PROSECUTION BAR. 

Absent written consent from the Producing Party, this PROSECUTION BAR means that any person 

employed or retained by the Receiving Party in this Action who has received and reviewed the 

Producing Party’s Material described above shall not be Involved In The Prosecution Of Patents Or 

Patent Applications relating to managing data in solid state drive technologies from the time the 

affected individual first reviewed such Material through and including two (2) years following the 

entry of a final, non-appealable judgment or order or the complete settlement of all claims and 

CONFIDENTIAL - OUTSIDE COUNSEL’S EYES ONLY,” the Producing Party may subsequently 

inform the Receiving Party of the specific designation of the disclosed information, and the 

Receiving Party shall treat the disclosed information as “CONFIDENTIAL,” “CONFIDENTIAL - 

OUTSIDE COUNSEL’S EYES ONLY,” or “RESTRICTED CONFIDENTIAL - OUTSIDE 

COUNSEL’S EYES ONLY” Material upon receipt of written notice from the Producing Party. To 

the extent the Receiving Party has already disclosed such information, the Receiving Party shall 

use its best efforts to promptly collect any copies of disclosed material that have been provided to 

individuals other than those authorized under this Protective Order, and if collected, shall destroy or 

return them to the Producing Party. Inadvertent or unintentional production of 

“CONFIDENTIAL,” “CONFIDENTIAL – OUTSIDE COUNSEL’S EYES ONLY,” 

or “RESTRICTED CONFIDENTIAL - OUTSIDE COUNSEL’S EYES ONLY” Material that 

is not so designated shall not be deemed a waiver in whole or in part of a claim for treatment 

as “CONFIDENTIAL,” “CONFIDENTIAL - OUTSIDE COUNSEL’S EYES ONLY,” 

or “RESTRICTED CONFIDENTIAL - OUTSIDE COUNSEL’S EYES ONLY.” 

Case 6:20-cv-00500-ADA Document 40 Filed 10/29/20 Page 20 of 27
21

dismissal with or without prejudice in this Action. In addition, a person subject to this 

PROSECUTION BAR can participate or assist in a reexamination or review (including inter partes or 

post-grant review) by the United States Patent and Trademark Office of a patent asserted by 

Plaintiff in this Action, provided that such participation or assistance shall not include 

suggesting, drafting, or amending patent claim language. 

17. To minimize the risk of inadvertent disclosure, any party defending a patent in a

reexamination or review that intends to seek claims amendments or new claims must erect an ethical 

wall between the attorney(s) who received “CONFIDENTIAL - OUTSIDE COUNSEL’S EYES 

ONLY” or “RESTRICTED CONFIDENTIAL - OUTSIDE COUNSEL’S EYES ONLY” Material 

and the attorney(s) who are involved in seeking to amend the claims or prepare new claims in the 

proceeding. This PROSECUTION BAR shall begin when access to designated “CONFIDENTIAL - 

OUTSIDE COUNSEL’S EYES ONLY” or “RESTRICTED CONFIDENTIAL - OUTSIDE 

COUNSEL’S EYES ONLY” Material is first received by the affected individual and shall end one (1)

year after final termination of this action.

Privilege/Work Product

18. The Parties agree to make a good-faith effort to provide a privilege log. The Parties

further agree that the following information need not be included on a privilege log: documents, 

communications and other information (1) regarding selection of counsel; (2) regarding 

activities undertaken in compliance with the duty to preserve information pursuant to Fed. R. 

Civ. P. 26(b)(3)(A) and (B); or (3) generated after the filing of the complaint in this lawsuit. 

19. If a Producing Party inadvertently produces a document or tangible item that it later

discovers or in good faith asserts to be privileged, protected by the work product doctrine, or subject to 

some other immunity from disclosure (“Privileged Material”) the production of that Privileged 

Material shall not be deemed to constitute a waiver of any applicable privileges, work product 

protection, or immunity from disclosure. In such circumstances, upon discovery of the inadvertent 

Case 6:20-cv-00500-ADA Document 40 Filed 10/29/20 Page 21 of 27
22

disclosure, the Producing Party shall immediately notify the Receiving Party of the inadvertent 

production, and request either the return or confirmation of destruction of the Privileged 

Materials. Within five (5) business days of receiving such notification, the Receiving Party shall 

return or confirm destruction of all such materials, except for one copy to be used solely for the 

purpose of challenging the privilege of mistaken production. Such return or confirmation of 

destruction shall not preclude the Receiving Party from seeking to compel production of the materials 

within twenty-one (21) business days of receiving such notification or at such other time as the Parties 

agree to in writing, and shall not constitute an admission by the Receiving Party that the materials were, 

in fact, privileged or otherwise protected in any way. The Producing Party shall retain the Privileged 

Material for submission to the Court in the event the Receiving Party moves to compel. 

Summaries of inadvertently produced documents shall be destroyed by the Receiving Party within 

twenty-one (21) business days if a motion to compel is not brought or is denied. 

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

Protected Matters to any person or in any circumstance not authorized under this Protective 

Order, the Receiving Party must immediately (a) notify in writing the Producing Party of the 

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

inform the person or persons to whom unauthorized disclosures were made of all the terms of this 

Protective Order, and (d) request such person or persons to execute the “Confidentiality 

Undertaking” that is attached hereto as Exhibit A. Unauthorized or inadvertent disclosure does not 

change the status of Protected Matters or waive the right to hold the disclosed document or 

information as Protected Matters. 

Third Party Requests

21. If any Receiving Party under the terms of this Protective Order receives a subpoena,

order, or other legal process commanding the production of such Protected Matters (a “Third 

Party Request”), such Receiving Party shall not produce any Protected Matters in response to the 

Third Party Request without the prior written consent of the Producing Party or an order of a 

court of 

Case 6:20-cv-00500-ADA Document 40 Filed 10/29/20 Page 22 of 27
23

competent jurisdiction, except as otherwise provided by this paragraph. A Receiving Party 

receiving a Third Party Request shall promptly notify the Producing Party of such Third Party 

Request, in writing (by e-mail or fax, if possible) immediately and in no event more than three (3) 

business days after receiving the Third Party Request. Such notification must include a copy of 

the subpoena or court order. The Receiving Party also must immediately inform in writing the Party 

who sent the Third Party Request that some or all the material covered by the Third Party Request 

is the subject of this Protective Order and include a copy of this Protective Order. The purpose of 

imposing these duties is to alert the interested parties to the existence of this Protective Order 

and to afford the Producing Party in this action an opportunity to protect its confidentiality 

interests in the court from which the Third Party Request issued. The Producing Party shall bear the 

burdens and the expenses of seeking protection of its confidential material in that court. Nothing in 

these provisions should be construed as requiring a Receiving Party in this Action to disobey a 

lawful directive from another court. 

22. Other proceedings: By entering this Protective Order and limiting the disclosure 

of information in any lawsuit governed by this Protective Order, the Court does not intend to preclude 

another court from finding that information may be relevant and subject to disclosure in another case. Any 

person or party subject to this Protective Order who becomes subject to a motion to disclose 

another party’s information designated as confidential pursuant to this Protective Order shall 

promptly notify that party of the motion so that the party may have an opportunity to appear and be 

heard on whether that information should be disclosed. 

A Non-Party’s Protected Material Sought to Be Produced in This Litigation

23. The terms of this Protective Order are applicable to information produced by a NonParty in this Action and designated as “CONFIDENTIAL,” “CONFIDENTIAL OUTSIDE 

COUNSEL’S EYES ONLY” or “RESTRICTED CONFIDENTIAL - OUTSIDE COUNSEL’S 

EYES ONLY”. Such information produced by Non-Parties in connection with this Action is 

Case 6:20-cv-00500-ADA Document 40 Filed 10/29/20 Page 23 of 27
24

(i) promptly notify in writing the Non-Party that some or all of the NonParty’s Confidential Information is subject to a discovery request;

(ii) promptly provide the Non-Party with a copy of the Protective Order in

this Action, the relevant discovery request(s), and a reasonably specific description of 

the information requested; and

(iii) make the information requested available for inspection by the NonParty.

(b) If the Non-Party fails to object or seek a protective order from this Court

within the time period provided for in the agreement with the Non-Party not to produce the NonParty’s Confidential Information, or if no time period is provided, within 14 days of receiving the 

notice and accompanying information, the party receiving the discovery request may produce the 

Non-Party’s Confidential Information responsive to the discovery request. If the Non-Party timely 

seeks a protective order, the party receiving the discovery request 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 Material.

Discovery From Experts and Consultants

24. Discovery of materials from experts and consultants will be subject to the following

limitations:

(a) The following materials will be excluded from expert discovery or inquiry at

protected by the remedies and relief provided by this Protective Order. Nothing in these provisions 

should be construed as prohibiting a Non-Party from seeking additional protections. 

(a) 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: 

Case 6:20-cv-00500-ADA Document 40 Filed 10/29/20 Page 24 of 27
25

27. Within sixty (60) days after final termination of this Action by dismissal, judgment,

or settlement, counsel for the Party or Parties to this Action receiving Protected Matters shall return 

or destroy the Protected Matters and all copies thereof, and will destroy all documents and things 

trial: (1) draft expert reports or declarations and outlines thereof; (2) documents or notes prepared 

by testifying experts or their assistants, except for those that form or provide a basis for the expert’s 

opinion; (3) communications between testifying experts, or their assistants, and outside counsel 

of record, except for those which form or provide a basis for the expert’s opinion; and (4) 

communications between testifying experts, or their assistants, and other experts or 

consultants (testifying or not), except for those which form or provide a basis for the expert’s 

opinions. 

(b) Notwithstanding the foregoing, (1) all documents provided or made known to

experts (including, without limitation, publications and documents produced in discovery), other than 

those generated for the purpose of litigation and/or for the purpose of communicating with the expert, 

that were considered by the expert in formulating his or her opinion (whether or not they support the 

opinions), (2) the amount of time an expert spent on the litigation, and (3) the compensation received 

by the expert for his work on the litigation are discoverable and may be the subject of questioning at 

deposition or trial.

25. No discovery relating to work performed for this litigation can be taken from any nontestifying consultant except to the extent that the consultant has provided information or opinions 

that form a basis for a testifying expert’s opinion.

Termination of Lawsuit

26. After termination of this Action, the provisions of this Protective Order shall continue

to be binding, except with respect to those documents and information that become a matter of public 

record. This Court retains and shall have continuing jurisdiction over the Parties and recipients of the 

Protected Matters for enforcement of the provisions of this Protective Order following termination 

of this Action.

Case 6:20-cv-00500-ADA Document 40 Filed 10/29/20 Page 25 of 27
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32. Nothing in this order will be construed to limit in any way any Party’s use of its own

containing information based on such Protected Matters, including all hard copy print of the 

Source Code Material, except that counsel for each Party may retain one hard copy and one 

electronic copy (excluding back-up copies maintained on storage systems in the regular course of 

business) of (i) its correspondence file of this case; (ii) its pleadings file, including all briefs, 

memoranda, affidavits, supporting materials, and all papers served on the Party; (iii) any briefs and 

appendices on appeal; (iv) all legal research memoranda, expert communications, work product or 

report, and other work product; (v) its file of deposition transcripts and accompanying exhibits; 

and (vi) its file of hearing and trial transcripts and accompanying exhibits. 

28. Nothing in the preceding paragraph requires destruction of data on outside counsel’s

back-up tapes for archival purposes. Protected Material should not be stored on back-up tapes beyond 

what is authorized in Paragraph 27. 

29. This Protective Order shall be binding upon the Parties and their attorneys, 

successors, executors, personal representatives, administrators, heirs, legal representatives, assigns, 

subsidiaries, divisions, employees, agents, independent contractors, or other persons or organizations 

over which they have control. The terms of this Protective Order shall survive the final termination 

of this action to the extent that any Protected Matters are not or do not become known to the public (or to 

the extent that any Protected Matters have become known to the public due to a violation of this 

Protective Order). This Court shall retain jurisdiction over this action for the purpose of enforcing this 

Protective Order. 

Miscellaneous

30. If any Party violates the terms of this Protective Order, the Party violating this 

Order shall be subject to sanctions, or any other remedies as appropriate, as ordered by the Court. 

31. Nothing in this Protective Order imposes an affirmative obligation on a Party to make

discovery of any particular document, data, or other information. 

Case 6:20-cv-00500-ADA Document 40 Filed 10/29/20 Page 26 of 27
27

ORDERED this day of October __, 2020.

ALAN D ALBRIGHT 

UNITED STATES DISTRICT JUDGE

Protected Matters nor will it affect any Party’s subsequent waiver of its own prior designation with 

respect to its own Protected Matters. 

33. Nothing in this Protective Order shall bar or otherwise restrict any attorney 

herein from rendering advice to his client with respect to this Action and, in the course thereof, 

referring to or relying upon his examination of Protected Matters produced by another Party or a 

Non-Party; provided, however, that in rendering such advice and in otherwise communicating 

with his client, the attorney shall not make specific disclosure of any item of the Protected 

Matters that such person is prohibited from seeing. 

29th

Case 6:20-cv-00500-ADA Document 40 Filed 10/29/20 Page 27 of 27