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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.

GOOGLE LLC,

Defendant

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CIVIL ACTION 6:20-CV-00571-ADA 

CIVIL ACTION 6:20-CV-00572-ADA

CIVIL ACTION 6:20-CV-00573-ADA

CIVIL ACTION 6:20-CV-00574-ADA

CIVIL ACTION 6:20-CV-00575-ADA

CIVIL ACTION 6:20-CV-00576-ADA

CIVIL ACTION 6:20-CV-00577-ADA

CIVIL ACTION 6:20-CV-00578-ADA

CIVIL ACTION 6:20-CV-00579-ADA

CIVIL ACTION 6:20-CV-00580-ADA

CIVIL ACTION 6:20-CV-00581-ADA

CIVIL ACTION 6:20-CV-00582-ADA

CIVIL ACTION 6:20-CV-00583-ADA

CIVIL ACTION 6:20-CV-00584-ADA

CIVIL ACTION 6:20-CV-00585-ADA

PATENT CASE

JURY TRIAL DEMANDED

PROTECTIVE ORDER FOR PATENT CASES

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

and Defendant Google LLC , 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 

these Actions1; 

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 or Third Party may designate as confidential for protection under this Order, in

1 These Actions means the Case Nos. 6:20-cv-0571 through 6:20-cv-00585. 

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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 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.” The word 

“CONFIDENTIAL” shall be placed clearly on each page of the Protected Material (except 

deposition and hearing transcripts and natively produced documents) for which such 

protection is sought. For deposition and hearing transcripts, the appropriate designation 

shall be placed on the cover page of the transcript (if not already present on the cover page 

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

of the transcript after that attorney receives notice of the designation of some or all of that 

transcript as is designated as containing Protected Material. For natively produced 

Protected Material, the appropriate designation ” shall be placed on the placeholder image 

bearing the Bates number for the native file and in the filename of each such natively 

produced document. 

2. Any document produced under this Court’s Standing Order Governing Proceedings-Patent

Case before issuance of this Order with the designation “Confidential” or “Confidential -

Outside Attorneys’ Eyes Only” shall receive the same treatment as if designated

“RESTRICTED - ATTORNEYS’ EYES ONLY” under this Order, unless and until such

document is redesignated to have a different classification under this Order.

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

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

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SOURCE CODE” (“DESIGNATED MATERIAL”),2 subject to the provisions herein and 

unless otherwise stated, this Order governs, without limitation: (a) all documents, 

electronically stored information, and/or things as defined by the Federal Rules of Civil 

Procedure; (b) all pretrial, hearing or deposition testimony, or documents marked as 

exhibits or for identification in depositions and hearings; (c) pretrial pleadings, 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 (i.e., “CONFIDENTIAL,” “RESTRICTED -

ATTORNEYS’ EYES ONLY,” or “RESTRICTED 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) shall then destroy all copies of the

inadvertently or unintentionally produced Protected Materials and any documents,

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

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

ONLY,” or “RESTRICTED CONFIDENTIAL SOURCE CODE,” both individually and 

collectively.

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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 16 herein:

(a) outside counsel of record in these Actions for the Parties and outside counsel

retained for the purpose of this litigation;

(b) employees of such counsel assigned to and reasonably necessary to assist such

counsel in the litigation of this Action;

(c) up to two in-house counsel for the Parties who are members in good standing of at

least one state bar and have responsibility for making decisions dealing directly

with the litigation of this Action and who have completed the Undertaking attached

as Exhibit A3

;

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

extent reasonably necessary for the litigation of this Action, except that either 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; and the designated representatives have

completed the Undertaking attached as Exhibit A;

(e) outside consultants or experts4 (i.e., not existing employees or affiliates of a Party

or an affiliate of a Party) retained for the purpose of this litigation, provided that:

(1) such consultants or experts are not presently employed by the Parties hereto for

3 The signed undertakings shall be maintained by the Parties but do not need to be served on the 

opposing Party except under 5(e). 

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

person or entity from whom s/he has received compensation or funding for work in his or her areas 

of expertise or to whom the s/he has provided professional services, including in connection with 

a litigation, at any time during the preceding five years; (iii) (by name and number of the case, 

filing date, and location of court) any litigation in connection with which s/he has offered expert 

testimony, including through a declaration, report, or testimony at a deposition or trial, during the 

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

confidentiality obligation to a third-party, then the s/he should provide whatever information can 

be disclosed without violating any confidentiality agreements, and the Party seeking to disclose 

Protected Material to the consultant or expert shall be available to meet and confer with the 

designating Party regarding any such engagement. 

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purposes other than this Action5; (2) before access is given, the consultant or expert 

has completed the Undertaking attached as Exhibit A hereto and the same is served 

upon the Producing Party with a current curriculum vitae of the consultant or expert 

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

consultant or Undertaking to object to and notify the Receiving Party in writing 

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

Parties agree to promptly confer within three business days in good faith to resolve 

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

Party must file a letter to the court within three (3) business day requesting a 

hearing or other suitable proceeding as soon as possible, 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 order6 or after the time for objecting to such expert has expired; 

(f) independent litigation support services, including contract attorneys who have

completed the Undertaking attached as Exhibit A, 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

5 For avoidance of doubt, an independent expert or consultant retained (as opposed to employed) 

by a Party on another litigation would not be precluded under this section. 

6 A party who has not previously objected to disclosure of Protected Material to an expert or whose 

objection has been resolved with respect to previously produced Protected Material shall not be 

precluded from raising an objection to an expert at a later time with respect to Protected Material 

that is produced after the time for objecting to such expert has expired or if new information about 

that expert is disclosed or discovered. 

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

be used for any other purpose. All produced Protected Material shall be carefully 

maintained so as to preclude access by persons who are not entitled to receive such 

Protected Material, and any person or entity who obtains access to DESIGNATED 

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

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

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

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

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

Disclosure of DESIGNATED MATERIALS be subject to all applicable laws and 

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

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

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

shall comply with all applicable export control statutes and regulations. 

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

designated CONFIDENTIAL is so sensitive that its dissemination deserves even further

limitation, the Producing Party may designate such Protected Material “RESTRICTED --

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

source code 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

“RESTRICTED CONFIDENTIAL SOURCE CODE.”

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

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

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paragraphs 5(a-b) and (e-g).

10. For Protected Material designated RESTRICTED CONFIDENTIAL SOURCE CODE, the 

following additional restrictions apply:

a. Access to a Party’s Source Code Material shall be provided on two standalone review 

computers per case available for in-person review as follows: each “stand-alone” 

computer (that is, the computer may not be linked to any network, including a local 

area network (“LAN”), an intranet or the Internet) with a display screen or monitor of 

a size of at least seventeen inches for each review computer in a secured locked room. 

Each stand-alone computer may only be connected to a device capable of temporarily 

storing electronic copies solely for the limited purposes permitted pursuant to 

paragraphs 10(h) and 10(o) below. The stand-alone computers shall, at the Receiving 

Party's request, include reasonable analysis tools for the type of Source Code Material. 

The Receiving Party shall be responsible for providing the tools or licenses to the tools 

that it wishes to use so that the Producing Party may install such tools on the standalone computers. Additionally, except as provided in paragraph 10(o) below, the standalone computers may only be located at the offices of Producing Party’s outside 

counsel. The stand-alone computers shall have disk encryption and be password 

protected. 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 computer containing 

the source code. The hosting facility for the producing Party shall provide a secure 

location to store personal electronic devices, such as cellular telephones, where they 

will be readily accessible to the reviewer outside the review room upon request. The 

reviewing Party or its expert(s) will not attempt to circumvent the security of the review 

computer or confidentiality of the source code displayed;

b. The Producing Party may periodically “check in” on the activities of the Receiving 

Party’s representatives during any stand-alone computer review and may visually 

monitor the activities of the Receiving Party’s representatives from outside the room 

in which the stand-alone computers are located, but only to ensure that no unauthorized 

electronic records of the Source Code Material and no information concerning the 

Source Code Material are being created or transmitted in any way; such monitoring 

activities being free from any interference that impedes or hinders the representatives’ 

source code review. The producing Party will refrain from any active monitoring 

activities that reveal Attorney Work Product (e.g., viewing the source code review 

notes, monitoring the contents of the review computer’s screen during the review, or 

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listening to conversation of the source code reviewer); such monitoring activities will 

not be considered to be reasonable. 

c. The Receiving Party shall make reasonable efforts to restrict its requests for such access

to the stand-alone computers to normal business hours, which for purposes of this

paragraph shall be no less than 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 review computer 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 shall not unreasonably hinder the Receiving Party’s ability to efficiently and

effectively conduct the prosecution or defense of this Action;

d. The Producing Party shall provide the Receiving Party with information explaining

how to start, log on to, and operate the stand-alone computers in order to access the

produced Source Code Material on the stand-alone computers;

e. The Producing Party will produce Source Code Material in computer searchable format

on the stand-alone computers as described above;

f. Access to Source Code Material shall be limited to outside counsel and up to three (3)

outside consultants or experts per case7 (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 access

such Protected Materials pursuant to paragraph 5(e) above. A Receiving Party may if

necessary include excerpts of Source Code Material in a pleading, exhibit, expert

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

any such documents are appropriately marked as containing Source Code Material

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;

g. To the extent portions of Source Code Material are quoted in an electronic copy or

image of a document which, pursuant to the Court’s rules, procedures, or order, must

be filed or served electronically (“Source Code Document”), either (1) the entire Source

Code Document will be stamped and treated as RESTRICTED CONFIDENTIAL

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

outside consultant’s or expert’s direct reports 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), and further provided that there shall be no more than two such personnel. 

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SOURCE CODE or (2) those pages containing quoted Source Code Material will be 

separately stamped and treated as RESTRICTED CONFIDENTIAL SOURCE CODE;

h. Except as set forth in paragraph herein, no electronic copies of Source Code Material 

shall be made without prior written consent of the Producing Party, except as necessary 

to create documents which, pursuant to the Court’s rules, procedures and order, must 

be filed or served electronically;

i. The Receiving Party shall only include such excerpts as are reasonably necessary for 

the purposes for which such part of the Source Code Material is used. Images or copies 

of Source Code Material shall not be included in correspondence between the parties 

(references to production numbers shall be used instead) and shall be omitted from 

pleadings and other papers except to the extent permitted herein. The Receiving Party 

may create an electronic image of a selected portion of the Source Code Material only 

when the electronic file containing such image has been encrypted using commercially 

reasonable encryption software including password protection. The communication 

and/or disclosure of electronic files containing any portion of Source Code Material 

shall at all times be limited to individuals who are authorized to see Source Code 

Material under the provisions of this Protective Order. Additionally, all electronic 

copies must be labeled “RESTRICTED CONFIDENTIAL SOURCE CODE.” If 

Source Code Documents are filed with the Court, they must be filed under seal in 

accordance with the Court’s rules, procedures and orders;

j. The Receiving Party may request a reasonable number of pages of Source Code to be 

printed by the Producing Party. The Source Code Computers may be equipped with 

virtual printer software to permit the Receiving Party to print selected portions of 

Source Code to a PDF file that can be printed subsequently by the Producing Party. 

After making printed copies of the PDF, the producing party shall not delete the 

requested PDFs from the source code computers.

k. The Receiving Party shall not request printed Source Code to review Source Code 

elsewhere in the first instance, i.e., as an alternative to reviewing that Source Code 

electronically on the Source Code Computer. To the extent the Receiving Party 

requires an aggregate total of more than 1000 pages of Source Code for any software 

release, limited by a contiguous block of no more than one-hundred (100) pages, the 

Receiving Party shall make such request, and the Parties shall meet and confer in an 

effort to reach an agreement to produce an agreed number of additional pages. The 

Producing Party shall Bates number, copy, and label “RESTRICTED 

CONFIDENTIAL SOURCE CODE” any pages requested by the Receiving Party;

l. Within no later than two (2) business days of receiving a print request, the Producing 

Party shall either (i) provide to the Receiving Party five (5) Bates stamped hard copies 

of the requested Source Code, which at the Producing Party’s sole discretion may be 

provided on watermarked paper (“Original Copies”) or (ii) inform the Requesting Party 

that it objects to the print request or portions thereof as inconsistent with this Order. 

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The Parties shall immediately meet and confer and raise the issue with the Court if they 

cannot resolve the objection. 

m. Should such printouts or photocopies be transferred back to electronic media, such

media shall be labeled “RESTRICTED CONFIDENTIAL SOURCE CODE” and shall

continue to be treated as such;

n. If the Receiving Party’s outside counsel, consultants, or experts obtain Source Code

Printouts, the Receiving Party shall ensure that such outside counsel, consultants, or

experts keep the Source Code Printouts under their direct control in a secured locked

area in the offices of such outside counsel, consultants, or expert. The Receiving Party

may also temporarily keep the Source Code Printouts 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 Source Code Printouts to a

Court proceeding or deposition, provided that the printouts or photocopies are kept in

a secure manner that ensures access is limited to the persons authorized under this

Order. 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 five

(5), all of which shall be designated and clearly labeled “HIGHLY CONFIDENTIAL

– SOURCE CODE,” and the receiving Party shall maintain a log of all such files that

are printed or photocopied.

o. A Producing Party’s Source Code Material may only be transported by the Receiving

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

person authorized under paragraph 10(f) above, and on paper via hand carry (including

via a hand carry courier service). Source Code Material may not be transported or

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

the Internet, except as expressly permitted herein. Source Code Material may only be

transported electronically via removable electronic media (e.g., a DVD, CD-ROM, or

flash memory “stick”) for the purpose of Court proceeding(s) or deposition(s) as set

forth in paragraphs 10(h-i) 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.

p. The Receiving Party’s outside counsel and/or expert shall be entitled to take notes

relating to the source code but may not copy any portion of the source code into the

notes. No copies of all or any portion of the source code may leave the room in which

the source code is inspected except as otherwise provided herein. Further, no other

written or electronic record of the source code is permitted except as otherwise

provided herein. No notes shall be made or stored on the inspection computer, or left

behind at the site where the inspection computer is made available, and any such notes

shall be deleted or destroyed by the Producing Party, without reviewing the substance

of the notes, upon discovery. Notwithstanding the foregoing, any such notes shall be

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stamped and treated as “RESTRICTED CONFIDENTIAL SOURCE CODE” 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). If during the course 

of a review the receiving Party has stored electronic print-outs of Source Code Material 

(for example a pdf file) on the review computer, the receiving Party may request the 

producing Party provide the receiving Party with a Bates-labeled and appropriately 

designated paper copy of the electronic print-outs to the Receiving Party within no later 

than two business days. The producing Party will not delete such stored electronic 

print-outs from the review computer.

q. The Producing Party will notify the Receiving party when the Source Code production

is complete and ready for inspection. A list of names of persons who will review Source 

Code Material on the stand- alone computers will be provided to the Producing Party 

in conjunction with any written (including email) notice requesting inspection. Prior to 

the first inspection of any Source Code Material on the stand-alone computers, the 

Receiving Party shall provide five (5) business days’ notice to schedule the initial 

inspection with the Producing Party. The Receiving Party shall provide two (2) 

business days’ notice8 in advance of scheduling any additional inspections. Any single 

inspection may span multiple days based on the same notice if the notice details the 

number of days. Such notice shall include the names and titles for every individual 

from the Receiving Party who will attend the inspection. The Producing Party may 

maintain a daily log of the names of persons who enter the locked room to view the 

source code and when they enter and depart;

r. The Receiving Party’s outside counsel shall maintain a log of all copies of the Source 

Code Printouts (received from a Producing Party) that are delivered by the Receiving 

Party to any person and a log of any electronic images of Source Code Material. The 

log shall include the names of the recipients and reviewers of copies and locations 

where the copies are stored. Upon request by the Producing Party, the Receiving Party 

shall provide reasonable assurances and/or descriptions of the security measures 

employed by the Receiving Party and/or person that receives a copy of any portion of 

the source code; and

s. All copies of any portion of the Source Code Printouts in whatever form shall be 

securely destroyed. Copies of Source Code Printouts 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.

8 The counting of business days is inclusive of the day notice is provided if the notice is provided 

by 6pm CT. For example, for a Monday inspection, notice must be provided by 6pm CT on the 

preceding Thursday.

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

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

is designated CONFIDENTIAL - ATTORNEYS’ EYES ONLY, CONFIDENTIAL -

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

(collectively “HIGHLY SENSITIVE MATERIAL”), who obtains, receives, has access to,

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

MATERIAL under this Order shall not prepare, prosecute, supervise, or assist in the

preparation or prosecution of any patent application pertaining to the field of the invention

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

conclusion, including any appeals. To ensure compliance with the purpose of this

provision, each Party shall create an “Ethical Wall” between those persons with access to

HIGHLY SENSITIVE MATERIAL and any individuals who 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 MATERIAL from participating in a PTO

proceeding, e.g., IPR or PGR, except for that person shall not participate—directly or

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

12. Disclosure of Protected Material shall be subject to all applicable laws and regulations

relating to the export of technical data contained in such Protected Material, including the

release of such technical data to foreign persons or nationals in the United States or

elsewhere. Each party receiving Protected Material shall comply with all applicable

export control statutes and regulations. See, e.g., 15 CFR 734. No Protected Material may

leave the territorial boundaries of the United States of America. Without limitation, this

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prohibition extends to Protected Material (including copies) in physical and electronic 

form. The viewing of Protected Material through electronic means outside the territorial 

limits of the United States of America is similarly prohibited. Notwithstanding this 

prohibition, Protected Material, exclusive of material designated RESTRICTED 

CONFIDENTIAL ‐ SOURCE CODE, and to the extent otherwise permitted by law, may 

be taken outside the territorial limits of the United States if it is reasonably necessary for 

a deposition taken in a foreign country. The restrictions contained within this paragraph 

may be amended through the consent of the Producing Party to the extent that such agreed 

to procedures conform with applicable export control laws and regulations.

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

disclosure of any information or items designated in this Action as “CONFIDENTIAL,”

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

CONFIDENTIAL – SOURCE CODE,” that Party must:(a) promptly notify in writing the

designating Party. Such notification shall include a copy of the subpoena or court order if

allowed under applicable protective orders in the other litigation;(b) promptly notify in

writing the party who caused the subpoena or order to issue in the other litigation that

some or all of the material covered by the subpoena or order is subject to this Protective

Order. Such notification shall include a copy of this Order. If the designating Party timely

seeks a protective order, the Party served with the subpoena or court order shall not

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

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

SOURCE CODE” before a determination by the court from which the subpoena or order

issued, unless the Party has obtained the designating Party’s permission. The designating

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Party shall bear the burden and expense of seeking protection in that court of its 

confidential material – and nothing in these provisions should be construed as authorizing 

or encouraging a receiving Party in this Action to disobey a lawful directive from another 

court.

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

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

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

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

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

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

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

produces documents, information or 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

notifying the recipient(s) and providing a privilege log for the 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. After notice is

provided, no use shall be made of such material during deposition or at trial, or for any

other purpose or in any other manner, nor shall such material be shown to anyone except

as necessary to facilitate the return or destruction of such documents or information. If any

such inadvertently produced material has been used in any other document generated in

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15 

connection with the Action, including deposition transcripts, exhibits, and court filings, to 

the extent reasonably possible, the material shall be expunged or destroyed.

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

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

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

material to protect against disclosure to any unauthorized persons or entities. If a receiving

Party or person authorized to access DESIGNATED MATERIAL (“Authorized

Recipient”) discovers any loss of DESIGNATED MATERIAL or a breach of security,

including any actual or suspected unauthorized access, relating to another party’s

DESIGNATED MATERIAL, the receiving Party or Authorized Recipient shall: (1)

promptly stop the unauthorized breach; (2) promptly (within 72 hours) provide written

notice to designating Party of such breach, including information regarding the size and

scope of the breach; and (3) investigate and make reasonable efforts to remediate the

effects of the breach. In any event, the receiving Party or Authorized Recipient shall

promptly take all necessary and appropriate corrective action to terminate any

unauthorized access.

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

DESIGNATED MATERIAL in taking testimony at any deposition or at any 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

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16 

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.9 For 

depositions of Google fact witnesses taken remotely, unless the parties agree otherwise, 

the parties shall use Google Meet and Drive. For depositions of WSOU fact witnesses 

taken remotely, unless the parties agree otherwise, the parties shall use Zoom. Parties 

shall give the other Parties reasonable notice (a minimum of two business days) if they 

reasonably expect a deposition, hearing or other proceeding to include Protected Material 

so that the other Parties can ensure that only authorized individuals are present at those 

proceedings. Subject to any challenge to a particular designation under paragraph 20, the 

Parties will not oppose any reasonable request by the designating Party that the courtroom 

be sealed, if allowed by the Court, during the presentation of any testimony, evidence, or 

argument relating to or involving the use of any Protected Material.

9 In the event a non-Party witness is authorized to receive Protected Material that is to be used 

during his/her deposition but is represented by an attorney not authorized under this Order to 

receive such Protected Material, the attorney must provide prior to commencement of the 

deposition an executed Undertaking attached as Exhibit A. In the event such attorney declines to 

sign the Undertaking prior to the examination, the Parties, by their attorneys, shall jointly seek a 

protective order from the Court prohibiting the attorney from disclosing Protected Material in order 

for the deposition to proceed. 

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

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

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

or “RESTRICTED 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 “RESTRICTED - ATTORNEYS’ EYES ONLY”.

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

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

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

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

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

the labeling requirements set forth in this Order. If a pretrial pleading filed with the Court,

or an exhibit thereto, discloses or relies on confidential documents, information or

material, such confidential portions shall be redacted to the extent necessary and the

pleading or exhibit filed publicly with the Court. At any point, (other than during a

deposition) a Party may seek to designate and protect previously produced DESIGNATED

MATERIAL as Highly Sensitive Documents/Information (HSD/HSI). The Parties will

follow any applicable court orders regarding the procedures for HSD/HSI. 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.

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

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

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

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

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.

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

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

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

Appendix A.

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 or any 

Party may designate as “CONFIDENTIAL” or “RESTRICTED -- ATTORNEYS’ EYES 

ONLY” any documents, information or other material, in whole or in part, produced or 

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19 

given by such Third Parties. The Third Parties and any Party shall have seven (7) business 

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 “RESTRICTED -- ATTORNEYS’ EYES ONLY” in accordance 

with this Order. Where a Third Party designates any documents, information or other 

material as provided herein, experts previously disclosed and approved hereunder prior to 

said Third Party’s production of any Protected Material need not be disclosed to said Third 

Party. Subsequently disclosed experts need not be disclosed to said Third Party before that 

Third Party’s Protected Material may be disclosed thereto.

23. Any person in possession of DESIGNATED MATERIAL will maintain appropriate

administrative, technical, and organizational safeguards (“Safeguards”) that protect the

security and privacy of DESIGNATED MATERIAL. The Safeguards will meet or exceed

relevant industry standards and limit the collection, storage, disclosure, use of, or access to

DESIGNATED MATERIAL solely to personnel and purposes authorized by this Order.

As part of these Safeguards, each person will use a secure transfer method for all transfers

or communication of DESIGNATED MATERIAL, and take reasonable measures to

password protect and encrypt DESIGNATED MATERIAL. Each person will ensure that

anyone acting on that person’s behalf is subject to the Safeguards or otherwise provides

equivalent or greater protections for the security and privacy of DESIGNATED

MATERIAL.

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

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

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20 

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

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

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

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

applications for extension of time pursuant to applicable law. 

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

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

summaries, descriptions, and excerpts or extracts thereof (excluding materials which have

been admitted into evidence in this Action), shall at the Producing Party’s election either

be returned to the Producing Party or be destroyed. The Receiving Party shall verify the

return or destruction by affidavit furnished to the Producing Party, upon the Producing

Party’s request.

26. 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 and

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

thereof, all such objections being hereby preserved.

27. 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

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21 

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

action alleged to constitute a violation of this Order.

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

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

so 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.

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

any kind on the rights of each of the Parties to assert any applicable discovery or trial

privilege.

30. 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.

31. This Order shall be binding upon the Parties hereto, their attorneys, and their successors,

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

subsidiaries, divisions, employees, agents, retained consultants and experts, and any

persons or organizations over which they have direct control.

SIGNED this 17th day of September, 2021.

Case 6:20-cv-00571-ADA Document 52 Filed 09/17/21 Page 21 of 23
1 

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.

GOOGLE LLC,

Defendant

§

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§ 

CIVIL ACTION 6:20-CV-00571-ADA 

CIVIL ACTION 6:20-CV-00572-ADA

CIVIL ACTION 6:20-CV-00573-ADA

CIVIL ACTION 6:20-CV-00574-ADA

CIVIL ACTION 6:20-CV-00575-ADA

CIVIL ACTION 6:20-CV-00576-ADA

CIVIL ACTION 6:20-CV-00577-ADA

CIVIL ACTION 6:20-CV-00578-ADA

CIVIL ACTION 6:20-CV-00579-ADA

CIVIL ACTION 6:20-CV-00580-ADA

CIVIL ACTION 6:20-CV-00581-ADA

CIVIL ACTION 6:20-CV-00582-ADA

CIVIL ACTION 6:20-CV-00583-ADA

CIVIL ACTION 6:20-CV-00584-ADA

CIVIL ACTION 6:20-CV-00585-ADA

PATENT CASE

JURY TRIAL DEMANDED

APPENDIX A

ACKNOWLEDGEMENT & AGREEMENT TO BE BOUND BY

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

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2 

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

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

SOURCE CODE” that is disclosed to me.

4. Promptly upon termination of this Action, I will return all documents and things

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

or “RESTRICTED 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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