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UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS

WACO DIVISION

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;

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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.

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.

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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.

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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.

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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:

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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 

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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;

(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 

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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 NonParty 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 

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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 twenty-one (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 

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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 

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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 NoteTaking 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 

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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 

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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 this action.

(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.

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(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.

(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 

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17

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 

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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:

(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 

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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 

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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.”

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 

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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 

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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 twentyone (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 

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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 

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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:

(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 

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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.

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 

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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.

32. Nothing in this order will be construed to limit in any way any Party’s use of its own 

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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.

ORDERED this day of October __, 2020.

ALAN D ALBRIGHT

UNITED STATES DISTRICT JUDGE

Case 6:20-cv-00500-ADA Document 39-1 Filed 10/27/20 Page 27 of 28
1

UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS

WACO DIVISION

UNIFICATION TECHNOLOGIES LLC,

Plaintiff,

v.

MICRON TECHNOLOGY, INC.,

MICRON SEMICONDUCTOR

PRODUCTS, INC.,

MICRON TECHNOLOGY TEXAS, LLC,

Defendants.

)

)

)

)

)

)

)

)

)

)

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

EXHIBIT A

CONFIDENTIALITY UNDERTAKING UNDER THE PROTECTIVE ORDER

I, , state:

My address is .

My current employer is .

My current occupation is .

I hereby acknowledge that I have received and read the Protective Order entered in the United 

States District Court for the Western District of Texas on in connection with the 

above-captioned action, and understand its terms and agree to be bound by each of those terms. 

Specifically, and without limitation upon such terms, I agree not to use or disclose any Confidential 

Information made available to me other than in accordance with said Protective Order. I further submit

to the jurisdiction of this Court for purposes of enforcement of, or disputes relating to, said Protective 

Order.

I state under penalty of perjury that the foregoing is true and correct to the best of my 

knowledge, information and belief.

Executed on Signature 

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