Exhibit A

Case 6:20-cv-00487-ADA Document 73-1 Filed 04/29/21 Page 1 of 18
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IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS

WACO DIVISION

WSOU INVESTMENTS, LLC D/B/A

BRAZOS LICENSING AND 

DEVELOPMENT,

Plaintiff,

v.

ZTE CORPORATION ET AL,

Defendant.

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CIVIL ACTION 6:20-CV-00487-ADA

CIVIL ACTION 6:20-CV-00488-ADA

CIVIL ACTION 6:20-CV-00489-ADA

CIVIL ACTION 6:20-CV-00490-ADA

CIVIL ACTION 6:20-CV-00491-ADA

CIVIL ACTION 6:20-CV-00492-ADA

CIVIL ACTION 6:20-CV-00493-ADA

CIVIL ACTION 6:20-CV-00494-ADA

CIVIL ACTION 6:20-CV-00495-ADA

CIVIL ACTION 6:20-CV-00496-ADA

CIVIL ACTION 6:20-CV-00497-ADA

PATENT CASE

JURY TRIAL DEMANDED

PROTECTIVE ORDER

WHEREAS, Plaintiff and Defendants, hereafter referred to as “the Parties,” believe that 

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

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

proprietary information in this Action1;

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

with Federal Rule of Civil Procedure 26(c):

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

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

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

part, confidential or proprietary information or trade secrets of the Party or a Third Party

1 Action means the Case Nos. 6:20-cv-0487 through 6:20-cv-00497.

Case 6:20-cv-00487-ADA Document 73-1 Filed 04/29/21 Page 2 of 18
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to whom the Party reasonably believes it owes an obligation of confidentiality with respect 

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

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

information, or material as follows: “CONFIDENTIAL,” “CONFIDENTIAL -

ATTORNEYS’ EYES ONLY,” “CONFIDENTIAL - OUTSIDE ATTORNEYS’ EYES 

ONLY,” or “CONFIDENTIAL - SOURCE CODE” (“DESIGNATED MATERIAL”).2 

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

(except deposition and hearing transcripts) for which such protection is sought. For 

deposition and hearing transcripts, the appropriate designation shall be placed on the cover 

page of the transcript (if not already present on the cover page of the transcript when 

received from the court reporter) by each attorney receiving a copy of the transcript after 

that attorney receives notice of the designation of some or all of that transcript is designated 

as containing Protected Material.

2. Any document produced before issuance of this Order, including pursuant to the Court’s 

Order Governing Proceedings - Patent Case, with the designation “Confidential” or the 

like shall receive the same treatment as if designated “CONFIDENTIAL” under this 

order and any such documents produced with the designation “Confidential - Outside 

Attorneys’ Eyes Only,” or the like shall receive the same treatment as if designated

“CONFIDENTIAL - OUTSIDE ATTORNEYS’ EYES ONLY” under this Order, unless

and until such document is re-designated to have a different classification under this 

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

class of materials designated as “CONFIDENTIAL,” “CONFIDENTIAL - ATTORNEYS’ EYES 

ONLY,” “CONFIDENTIAL - OUTSIDE ATTORNEYS’ EYES ONLY,” or “CONFIDENTIAL 

- SOURCE CODE,” both individually and collectively.

Case 6:20-cv-00487-ADA Document 73-1 Filed 04/29/21 Page 3 of 18
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Order.

3. With respect to documents, information, or DESIGNATED MATERIAL (i.e.

“CONFIDENTIAL,” “CONFIDENTIAL - ATTORNEYS’ EYES ONLY,” 

“CONFIDENTIAL - OUTSIDE ATTORNEYS’ EYES ONLY,” or “CONFIDENTIAL -

SOURCE CODE”) subject to the provisions herein and unless otherwise stated, this Order 

governs, without limitation: (a) all documents, electronically stored information, and/or 

things as defined by the Federal Rules of Civil Procedure; (b) all pretrial, hearing or 

deposition testimony, or documents marked as exhibits or for identification in depositions 

and hearings; (c) pretrial pleadings, exhibits to pleadings and other court filings; (d) 

affidavits; and (e) stipulations. All copies, reproductions, extracts, digests, and complete 

or partial summaries prepared from any DESIGNATED MATERIALS shall also be 

considered DESIGNATED MATERIAL and treated as such under this Order.

4. A designation of Protected Material (DESIGNATED MATERIAL such as

“CONFIDENTIAL,” “CONFIDENTIAL -ATTORNEYS’ EYES ONLY,” 

“CONFIDENTIAL - OUTSIDE ATTORNEYS’ EYES ONLY,” or “CONFIDENTIAL -

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

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

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

treatment. Any Party that inadvertently or unintentionally produces Protected Material 

without designating it as DESIGNATED MATERIAL may request destruction of that 

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

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

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

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

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

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

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

upon order of the Court, or as set forth in paragraph 13 herein:

(a) Outside counsel of record in this Action for the Parties [WSOU: and outside 

counsel retained for the purpose of this litigation].

(b) [WSOU: Outside counsel’s paralegals, attorneys, and staff, working at the direction

of such outside] [ZTE: Employees of such] counsel assigned to and reasonably 

necessary to assist such counsel in the litigation of this Action.

(c) In-house counsel for the Parties who either have responsibility for making decisions 

dealing directly with the litigation of this Action, or who are assisting outside 

counsel in the litigation of this Action.

(d) Up to and including three (3) designated representatives of each of the Parties to 

the extent reasonably necessary for the litigation of this Action, except that any

Party may in good faith request the other Party’s consent to designate one or more

additional representatives, the other Party shall not unreasonably withhold such 

consent, and the requesting Party may seek leave of Court to designate such 

additional representative(s) if the requesting Party believes the other Party has 

unreasonably withheld such consent.

(e) Outside consultants or experts retained for the purpose of this litigation, provided 

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

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

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

as Appendix A hereto and the same is served upon the producing Party with a 

current curriculum vitae of the consultant or expert at least [WSOU: seven (7)]

[ZTE: ten (10)] days before access to the Protected Material is to be given to that 

consultant or expert to object to and notify the receiving Party in writing that it 

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

agree to promptly confer [WSOU: within 3 business days] and use good faith to 

resolve any such objection. If the Parties are unable to resolve any objection, the 

objecting Party may file a motion with the Court within [WSOU: seven (7)] [ZTE: 

fifteen (15)] days of receipt of the notice [WSOU: requesting a hearing], or within

such other time as the Parties may agree, seeking a protective order with respect to 

the proposed disclosure. The objecting Party shall have the burden of proving the 

need for a protective order. No disclosure shall occur until all such objections are 

resolved by agreement or Court order [WSOU: or the time period for objection has 

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expired].

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

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

photocopy, document imaging, and database services retained by counsel and 

reasonably necessary to assist counsel with the litigation of this Action.

(g) The Court and its personnel.

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

upon a good faith belief that the documents, information, or material contains confidential 

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

reasonably believes it owes an obligation of confidentiality with respect to such documents, 

information, or material.

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

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

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

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

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

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

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

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

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

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

designated CONFIDENTIAL is so sensitive that its dissemination deserves even further 

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

- ATTORNEYS’ EYES ONLY,” or to the extent such Protected Material includes

computer source code [WSOU: (i.e., a text listing of computer instructions, commands, 

Case 6:20-cv-00487-ADA Document 73-1 Filed 04/29/21 Page 6 of 18
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and data definitions expressed in a form suitable for input to an assembler, compiler, or 

other translator,][ZTE: and/or live data (that is, data as it exists residing in a database or 

databases)] (“Source Code Material”), the producing Party may designate such Protected 

Material as “CONFIDENTIAL - SOURCE CODE.”

9. For Protected Material designated CONFIDENTIAL - ATTORNEYS’ EYES ONLY, 

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

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

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

decision-making authority on behalf of the client.

10. For Protected Material designated CONFIDENTIAL - OUTSIDE ATTORNEYS’ EYES

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

listed in paragraphs 5(a–b) and (e–g); provided, however, that the designating Party shall 

accommodate reasonable requests to provide summary information to in-house counsel 

designated pursuant to paragraph 5(c) who exercise no competitive decision-making 

authority on behalf of the client and reasonably require access to such information. 

11. For Protected Material designated “CONFIDENTIAL - SOURCE CODE” (e.g., “Source 

Code Material”), the following additional restrictions apply:

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

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

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

review computer. The review computers produced by ZTE will only be made 

available for review in Austin, Dallas, or as otherwise agreed. The review 

computers shall be][ZTE: only on] “stand-alone” computer(s) (that is, the 

computer may not be linked to any network, including a local area network 

(“LAN”), an intranet or the Internet). [WSOU: A display screen or monitor of a 

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

review computer.] The stand-alone computer(s) may be connected to (i) a printer, 

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

limited purposes permitted pursuant to paragraphs 11(h and k) below. [WSOU: 

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Each review computer shall, at the receiving Party’s request and expense, and with 

the producing Party’s approval that shall not be unreasonably withheld, include 

reasonable commercially available analysis tools (e.g., Notepad++) reasonably 

necessary for the type of Source Code Material. The receiving Party shall be 

responsible for providing tools or licenses to tools that it wished to use so that the 

producing Party may install such tools on the stand-alone computers. Requests for 

installation of tools will be provided to the producing Party in a reasonable time.]

Additionally, except as provided in paragraph 11(k) below, the stand-alone 

computer(s) may only be located at the offices of the producing Party’s outside 

counsel or its vendors [ZTE: .] [WSOU: , or as otherwise agreed. If, due to a 

public health or other emergency, there arise federal, state, or local social 

distancing or travel restrictions, which would substantially hinder the source code 

review, the Parties shall meet and confer in good faith to discuss the feasibility of 

making the source code machines available in an alternative location that would 

allow source code review to occur while satisfying the reasonable interests of the 

producing Party in maintaining the security of its Source Code Material.] 

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

access to the stand-alone computer(s) to normal business hours, which for purposes 

of this paragraph shall be 8:00 a.m. through 6:00 p.m. However, upon reasonable 

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

to accommodate the receiving Party’s request for access to the stand-alone 

computer(s) outside of normal business hours. The Parties agree to cooperate in 

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

offices of its outside counsel or its vendors shall not unreasonably hinder the 

receiving Party’s ability to efficiently and effectively conduct the prosecution or 

defense of this Action.

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

how to start, log on to, and operate the stand-alone computer(s) in order to access 

the produced Source Code Material on the stand-alone computer(s).

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

format on the stand-alone computer(s) as described above.

(e) Access to Source Code Material shall be limited to outside counsel and up to three 

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

Party or an affiliate of a Party or competitor identified by the Producing Party with 

reasonable specificity) retained for the purpose of this litigation and approved to 

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

the outside consultant’s or expert’s [ZTE: direct reports] [WSOU: staff] and other support 

personnel, such that the disclosure to a consultant or expert who employs others within his or her 

firm to help in his or her analysis shall count as a disclosure to a single consultant or expert, 

provided that such personnel helping in the analysis of Source Code Material shall be disclosed 

pursuant to Paragraph 5(e). 

Case 6:20-cv-00487-ADA Document 73-1 Filed 04/29/21 Page 8 of 18
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access such Protected Materials pursuant to paragraph 5(e) above. A receiving 

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

expert report, or deposition transcript (collectively, “Source Code Exhibits”),

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

restricted to those who are entitled to have access to them as specified herein, and, 

if filed with the Court, filed under seal in accordance with the Court’s rules, 

procedures, and orders.

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

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

CONFIDENTIAL - SOURCE CODE or (2) those pages containing quoted Source 

Code Material will be separately stamped and treated as CONFIDENTIAL -

SOURCE CODE.

(g) Except as set forth in paragraph 11(k) below, no electronic copies of Source Code 

Material shall be made without prior written consent of the producing Party, except 

as necessary to create documents that, pursuant to the Court’s rules, procedures,

and order, must be filed or served electronically.

(h) [WSOU: The receiving Party shall not print more than 1000 pages for each 

software release.] The receiving Party shall be permitted to make a reasonable 

number of printouts and photocopies of Source Code Material, which shall 

presumptively be a total of ten (10) [WSOU: copies,] all of which shall be 

designated and clearly labeled “CONFIDENTIAL - SOURCE CODE,” and the 

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

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

media, such media shall be labeled “CONFIDENTIAL - SOURCE CODE” and 

shall continue to be treated as such.

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

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

outside counsel, consultants, or experts keep the printouts or photocopies in a 

secured locked area in the offices of such outside counsel, consultants, or expert. 

The receiving Party may also temporarily keep the printouts or photocopies at: (i) 

the Court for any proceedings(s) relating to the Source Code Material, for the dates 

associated with the proceeding(s); (ii) the sites where any deposition(s) relating to 

the Source Code Material are taken, for the dates associated with the deposition(s); 

and (iii) any intermediate location reasonably necessary to transport the printouts 

or photocopies (e.g., a hotel prior to a Court proceeding or deposition).

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

receiving Party at the direction of a person authorized under paragraph 11(e) above

to another person authorized under paragraph 11(e) above, on paper or removable 

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

Federal Express, or other similarly reliable courier. [WSOU: Other than Court 

proceeding(s) or deposition(s)] Source Code Material may not be transported or

transmitted electronically over a network of any kind, including a LAN, an intranet, 

or the Internet. [ZTE: Source Code Material may only be transported electronically 

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

11(j) above and is at all times subject to the transport restrictions set forth herein. 

But, for those purposes only, the Source Code Materials may be loaded onto a 

stand-alone computer.]

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

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

is designated CONFIDENTIAL - ATTORNEYS’ EYES ONLY, CONFIDENTIAL -

OUTSIDE ATTORNEYS’ EYES ONLY, and/or CONFIDENTIAL - SOURCE CODE 

[WSOU: and directed to technical information relevant to the case, but excluding financial 

data or non-technical business information,] (collectively “HIGHLY SENSITIVE 

[WSOU: TECHNICAL] MATERIAL”), who obtains, receives, [ZTE: has access to,] or 

otherwise learns, in whole or in part, the other Party’s HIGHLY SENSITIVE [WSOU: 

TECHNICAL] MATERIAL under this Order shall not prepare, prosecute, supervise, or

assist in the preparation or prosecution of any patent application pertaining to the field of 

the invention of the patents-in-suit during the pendency of this Action and for one year

after its conclusion, including any appeals [ZTE: .] [WSOU: or two years after such person 

last reviewed the HIGHLY SENSITIVE TECHNICAL MATERIAL, whichever is earlier.]

To ensure compliance with the purpose of this provision, each Party shall create an “Ethical 

Wall” between those persons with access to HIGHLY SENSITIVE [WSOU: 

TECHNICAL] MATERIAL and any individuals who prepare, prosecute, supervise or 

assist in the preparation or prosecution of any patent application pertaining to the field of 

invention of the patent-in-suit. Nothing in this Order shall prevent a person with access to 

HIGHLY SENSITIVE [WSOU: TECHNICAL] MATERIAL from participating in a PTO 

Case 6:20-cv-00487-ADA Document 73-1 Filed 04/29/21 Page 10 of 18
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proceeding, e.g., IPR or PGR, except for that person shall not participate—directly or 

indirectly—in the amendment of any claim(s).

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

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

product doctrine, or other privilege, doctrine, or immunity. If documents, information, or 

other material subject to a claim of attorney-client privilege, work product doctrine, or 

other privilege, doctrine, or immunity is inadvertently or unintentionally produced, such 

production shall in no way prejudice or otherwise constitute a waiver of, or estoppel as to, 

any such privilege, doctrine, or immunity. Any Party that inadvertently or unintentionally 

produces documents, information, or other material it reasonably believes are protected 

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

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

promptly notifying the recipient(s) and providing a privilege log for the inadvertently or 

unintentionally produced documents, information, or other material. The recipient(s) shall 

gather and return all copies of such documents, information, or other material to the 

producing Party, except for any pages containing privileged or otherwise protected 

markings by the recipient(s), which pages shall instead be destroyed and certified as such 

to the producing Party.

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

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

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

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

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

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DESIGNATED MATERIAL in taking testimony at any deposition or hearing provided 

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

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

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

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

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

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

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

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

including outside counsel and in-house counsel (subject to paragraph 9 of this Order); (vi) 

an independent contractor, consultant, and/or expert retained for the purpose of this 

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

entitled hereunder to access to DESIGNATED MATERIAL. DESIGNATED 

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

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

16. Parties may, at the deposition or hearing or within thirty (30) days after receipt of a 

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

portion thereof as “CONFIDENTIAL,” “CONFIDENTIAL - ATTORNEYS’ EYES 

ONLY,” “CONFIDENTIAL - OUTSIDE ATTORNEYS’ EYES ONLY,” or 

“CONFIDENTIAL - SOURCE CODE” pursuant to this Order. Access to the deposition 

or hearing transcript so designated shall be limited in accordance with the terms of this 

Order. Until expiration of the 30-day period, the entire deposition or hearing transcript 

shall be treated as CONFIDENTIAL - OUTSIDE ATTORNEYS’ EYES ONLY.

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

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

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

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

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

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

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

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

exhibit filed publicly with the Court.

18. The Order applies to pretrial discovery. Nothing in this Order shall be deemed to prevent 

the Parties from introducing any DESIGNATED MATERIAL into evidence at the trial of

this Action, or from using any information contained in DESIGNATED MATERIAL at 

the trial of this Action, subject to any pretrial order issued by this Court.

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

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

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

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

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

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

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

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

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

designation of the designating Party shall be maintained.

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

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

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

and shall sign an acknowledgment that they have received a copy of, have read, and have 

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

Appendix A.

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

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

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

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

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

designate as “CONFIDENTIAL,” “CONFIDENTIAL - ATTORNEYS’ EYES ONLY,” 

or “CONFIDENTIAL - OUTSIDE ATTORNEYS’ EYES ONLY,” and/or 

“CONFIDENTIAL - SOURCE CODE” any documents, information, or other material, in 

whole or in part, produced by such Third Parties. The Third Parties shall have ten (10) 

days after production of such documents, information, or other materials to make such a 

designation. Until that time period lapses or until such a designation has been made, 

whichever occurs sooner, all documents, information, or other material so produced or 

given shall be treated as “CONFIDENTIAL - OUTSIDE ATTORNEYS’ EYES ONLY” 

in accordance with this Order.

23. Within thirty (30) days of final termination of this Action, including any appeals, all 

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

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

Case 6:20-cv-00487-ADA Document 73-1 Filed 04/29/21 Page 14 of 18
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incorporated into any privileged memoranda of the Parties), shall at the producing Party’s 

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

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

the producing Party’s request. [WSOU: Nothing in this order requires a Party to destroy 

any information it is required by law to retain.]

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

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

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

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

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

thereof, all such objections being hereby preserved.

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

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

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

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

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

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

action alleged to constitute a violation of this Order.

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

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

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

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

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

Case 6:20-cv-00487-ADA Document 73-1 Filed 04/29/21 Page 15 of 18
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any kind on the rights of each of the Parties to assert any applicable discovery or trial 

privilege.

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

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

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

additional protection of DESIGNATED MATERIAL.

Case 6:20-cv-00487-ADA Document 73-1 Filed 04/29/21 Page 16 of 18
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IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS

WACO DIVISION

WSOU INVESTMENTS, LLC D/B/A

BRAZOS LICENSING AND 

DEVELOPMENT,

Plaintiff,

v.

ZTE CORPORATION ET AL,

Defendant.

§

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§

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§

§

§

§

§

§

§

§

CIVIL ACTION 6:20-CV-00487-ADA

CIVIL ACTION 6:20-CV-00488-ADA

CIVIL ACTION 6:20-CV-00489-ADA

CIVIL ACTION 6:20-CV-00490-ADA

CIVIL ACTION 6:20-CV-00491-ADA

CIVIL ACTION 6:20-CV-00492-ADA

CIVIL ACTION 6:20-CV-00493-ADA

CIVIL ACTION 6:20-CV-00494-ADA

CIVIL ACTION 6:20-CV-00495-ADA

CIVIL ACTION 6:20-CV-00496-ADA

CIVIL ACTION 6:20-CV-00497-ADA

PATENT CASE

JURY TRIAL DEMANDED

APPENDIX A

UNDERTAKING OF EXPERTS OR CONSULTANTS REGARDING 

PROTECTIVE ORDER

I, ___________________________________________, declare that:

1. My address is _________________________________________________________. 

My current employer is _________________________________________________. 

My current occupation is ________________________________________________.

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

understand the provisions of the Protective Order.

3. I will comply with all of the provisions of the Protective Order. I will hold in confidence, 

will not disclose to anyone not qualified under the Protective Order, and will use only for 

purposes of this action any information designated as “CONFIDENTIAL,” 

“CONFIDENTIAL - ATTORNEYS’ EYES ONLY,” “CONFIDENTIAL - OUTSIDE 

ATTORNEYS’ EYES ONLY,” or “CONFIDENTIAL - SOURCE CODE” that is 

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disclosed to me.

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

designated as “CONFIDENTIAL,” “CONFIDENTIAL - ATTORNEYS’ EYES ONLY,” 

“CONFIDENTIAL - OUTSIDE ATTORNEYS’ EYES ONLY,” or “CONFIDENTIAL -

SOURCE CODE” that came into my possession, and all documents and things that I have 

prepared relating thereto, to the outside counsel for the Party by whom I am employed.

5. I hereby submit to the jurisdiction of this Court for the purpose of enforcement of the

Protective Order in this action.

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

Signature ________________________________________

Date ______________________________ 

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