1

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS

WACO DIVISION

WSOU INVESTMENTS, LLC d/b/a § CASE NO. 6:20-CV-533-ADA

BRAZOS LICENSING AND § CASE NO. 6:20-CV-534-ADA

DEVELOPMENT, § CASE NO. 6:20-CV-535-ADA

§ CASE NO. 6:20-CV-536-ADA

Plaintiff, § CASE NO. 6:20-CV-537-ADA

§ CASE NO. 6:20-CV-538-ADA

§ CASE NO. 6:20-CV-539-ADA

v. § CASE NO. 6:20-CV-540-ADA

§ CASE NO. 6:20-CV-541-ADA

HUAWEI TECHNOLOGIES CO. LTD., § CASE NO. 6:20-CV-542-ADA

ET AL. § CASE NO. 6:20-CV-543-ADA

§ CASE NO. 6:20-CV-544-ADA

Defendants. §

______________________________________________________________________________

PROTECTIVE ORDER

WHEREAS, Plaintiffs (collectively “WSOU”) and Defendants (collectively “Huawei”), 

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 the Action;

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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 to 

1 “Action” means Case Nos. 6:20-cv-0533 through 6:20-cv-00544. 

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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 (“Producing Party”) by affixing a legend or stamp 

on such document, information or material as follows: “CONFIDENTIAL,” 

“RESTRICTED – OUTSIDE ATTORNEYS’ EYES ONLY,” or “RESTRICTED

CONFIDENTIAL SOURCE CODE.” The 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 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.

2. Any document produced under the Order Governing Proceeding (“OGP”) before issuance 

of this Order with the designation “Confidential” or “Confidential - Outside Attorneys’ 

Eyes Only” shall receive the same treatment as if designated “RESTRICTED - – OUTSIDE

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 - – OUTSIDE ATTORNEYS’ EYES ONLY,” or “RESTRICTED

CONFIDENTIAL SOURCE CODE” (“DESIGNATED MATERIAL”), 2 subject to the 

provisions herein and unless otherwise stated, this Order governs, without limitation: (a) 

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

the class of materials designated as “CONFIDENTIAL,” “RESTRICTED - – OUTSIDE 

ATTORNEYS’ EYES OUTSIDE ATTORNEYS’ EYES ONLY,” or “RESTRICTED 

CONFIDENTIAL SOURCE CODE,” both individually and collectively.

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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 –

OUTSIDE 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 the original together with all copies of the inadvertently or unintentionally 

produced Protected Materials including any and all documents, information or material 

containing information or extracts derived from or based on the Protected Materials.

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 12 herein:

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

retained for the purpose of this litigation;

(b) outside counsel’s paralegals, attorneys, and staff working at the direction of such 

outside 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 who 

have read and agree to be bound by this Order 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;

(e) outside consultants or experts3 (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 

purposes other than this Action; (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 (3) 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 motion with the Court within three (3) business days 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 or expiration of the 

7-day period if no motion is filed;

3 For any such person, the curriculum vitae shall identify his/her (i) current employer(s), and 

(ii) (by name and number of the case, filing data, 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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(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;

(h) any witness in a deposition or trial providing sworn testimony where the use of 

such Protected Materials is necessary for the purpose of examining that witness. 

The examining Party/ies shall give the other parties notice 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. Use of Protected Materials with a witness shall be subject to the 

limitations outlined in paragraph 14 herein;

(i) any mediator who is assigned to hear this matter, and his or her staff, subject to the 

agreement to maintain confidentiality to the same degree as required by this 

Protective Order; and 

(j) an author, signatory, or prior recipient of the document or the original source of 

the CONFIDENTIAL information provided it is established that that such person 

is an author, signatory, or prior recipient of the document or the original source of 

the CONFIDENTIAL before the document is shown to such a person. Such person 

shall be given access only to the specific document or information therein.

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, 

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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 “RESTRICTED --

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

includes computer source code (e.g., a text listing of computer instructions, commands and 

data definitions expressed in a form suitable for input to an assembler, compiler, or other 

translator) 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.” A Party’s agreement to the entry 

of this Protective Order shall not be deemed an admission that the Party has relevant Source 

Code or that the Party must produce Source Code in this lawsuit.

9. For Protected Material designated RESTRICTED -- 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-i).

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 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. If a Party’s Source Code is provided on the review computers, 

each review computer shall be a “stand-alone” computer (that is, the computer may 

not be linked to any network, including a local area network (“LAN”), an intranet 

Case 6:20-cv-00533-ADA Document 67 Filed 08/24/21 Page 6 of 19
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or the Internet). 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 Source 

Code Computer will be connected to a printer for the limited purposes permitted 

herein. The Source Code Computer(s) shall, at the receiving Party’s request, 

include reasonable analysis tools for the type of Source Code Material, as long such 

tools do not side step any security features enabled on the Source Code Computer(s) 

(e.g., enable connection and use of USB thumb drives). The receiving Party shall 

not erase, load, install, compile, or otherwise modify any program without first 

requesting and receiving written permission from the producing Party. 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 Source Code 

Computer(s).The Source Code Computers will permit review of the source code in 

the Dallas offices of McGuire Woods, 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 Source Code Computer(s) to normal business hours, which for 

purposes of this paragraph shall be 8:00 a.m. through 6:00 p.m. The producing 

Party will notify receiving Party when the Source Code Computer(s) are ready for 

initial inspection. The receiving Party will make its initial request to view Source 

Code Material at least five (5) business days in advance of the proposed date of 

initial inspection. Requests to view Source Code Material shall include the name(s) 

of the individual(s) who will be attending the review. 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 Source Code 

Computer(s) outside of normal business hours. Requests for follow-on access shall 

be made three (3) business-days’ notice for any subsequent inspection of the Source 

Code Materials. Any single inspection may span multiple days based on the same 

notice. The Parties agree to cooperate in good faith such that maintaining the 

producing Party’s Source Code at the offices of its outside counsel or elsewhere as

determined by the producing Party100 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 in order to access the 

produced Source Code Material on the stand-alone computer. 

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

format on the Source Code Computer as described above. The receiving Party shall 

be permitted to print 1000 pages for each software release but no more than 50

pages of consecutive source code. The receiving Party may request permission to 

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print additional pages of Source Code. Such requests shall not be unreasonably 

denied by the producing Party. If at the time of inspection and requested printing, 

the producing Party objects to the printed portions as excessive and/or not done for 

a permitted purpose, the receiving Party shall not be provided with the print 

portions until such objection is resolved. In the event of an objection, the Parties 

shall meet and confer in good faith within one (1) business day of the objection and 

attempt to resolve the dispute on an informal basis. If the Parties are unable to 

resolve any objection, the receiving party may seek court intervention. Access to 

Protected Material designated RESTRICTED CONFIDENTIAL - SOURCE 

CODE by a party shall be limited to outside counsel of the receiving and producing 

parties and up to three (3) outside consultants or experts 4 (i.e., not existing 

employees or affiliates of a Party or an affiliate of a Party) retained for the purpose 

of this litigation and approved to access such Protected Materials pursuant to 

paragraph 5(e) above. A receiving Party may include excerpts of Source Code 

Material in a pleading, exhibit, expert report, discovery document, deposition 

transcript, other Court document, provided that only the Source Code Material that 

is directly relevant to the issue for which the portions of Source Code Material is

being included, and that Source Code Documents 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;

(e) To the extent portions of Source Code Material are quoted in a Court Document, 

either (1) the entire Court Document will be stamped and treated as RESTRICTED

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

Code Material will be separately stamped and treated as RESTRICTED

CONFIDENTIAL SOURCE CODE.

(f) Except as set forth otherwise, 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 orders, 

must be filed or served electronically;

(g) 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 subject to the restrictions and timetables set forth above.The 

producing Party will not delete such stored electronic print-outs from the review 

4 An Outside consultant or expert is defined to include the outside consultant’s or expert’s 

staff and other support personnel, working at the direction of such outside consultant or expert, 

and as such, the disclosure to a consultant or expert’s staff and other support persons shall count 

as a disclosure to a single consultant or expert. 

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computer.

(h) The receiving Party shall be permitted to receive and make a reasonable number of 

photocopies of Source Code Material, which shall presumptively be a total of ten, 

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;

(i) Should such printouts or photocopies or excerpts thereof be permissibly transferred 

to electronic media as set forth in paragraphs 10 (e or g) above, such media shall be 

labeled “HIGHLY 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 10(e) above 

to another person authorized under paragraph 10(e) above via hand carry, Federal 

Express or other similarly reliable courier. Except as set forth in paragraphs 10 (e 

or g) above, Source Code Material may not be transmitted electronically over a 

network of any kind, including a LAN, an intranet, or the Internet.

(l) The receiving Party’s outside counsel and up consultants/experts are prohibited

from bringing outside electronic devices, including but not limited to laptops, 

floppy drives, zip drives, or other hardware into the room with the Source Code 

Computer(s). Nor shall any cellular telephones, personal digital assistants (PDAs), 

Blackberries, cameras, video cameras, voice recorders, Dictaphones, external or 

portable telephone jacks or other outside electronic devices be permitted inside the 

secure room, except for medical devices, implants, or equipment reasonably 

necessary for any legitimate medical reason. 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.

(m) All copies of any portion of the Source Code in whatever form shall be securely 

destroyed if they are no longer reasonably necessary in this Action (e.g., extra 

copies at the conclusion of a deposition). Copies of Source Code that are marked 

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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.

11. Any attorney representing a Party, including outside counsel, and any person associated 

with a Party who obtains, receives, or otherwise learns, in whole or in part, the other Party’s 

technical information (excluding financial data or non-technical business information) that 

is designated RESTRICTED - OUTSIDE ATTORNEYS’ EYES ONLY and/or 

RESTRICTED CONFIDENTIAL SOURCE CODE (collectively “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 on behalf of the receiving Party or its acquirer, successor, predecessor, 

or other affiliate during the pendency of this Action and for one year after its conclusion, 

including any appeals or two years after such person last reviewed the HIGHLY 

SENSITIVE MATERIAL, whichever is earlier. These prohibitions shall not preclude 

either Party’s litigation counsel from participating in any inter partes review, CBM, or 

post-grant review proceedings, provided there is no attempt to amend any claims during 

the course of those proceedings. 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, on behalf of the Party or its acquirer, 

successor, predecessor, or other affiliate, 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.

12. 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 

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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), in writing and providing a privilege log for the 

inadvertently or unintentionally produced documents, information or other material.5 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. This provision is not contingent on any level of 

care exercised by the producing Party, nor on agreement with the privilege claim by the 

producing party.

13. 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.

5 As a general matter, the Parties are not obligated to provide a privilege log for documents, 

information, or other material created on or after February 18, 2019.

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

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 Party6; (vi) counsel for a Party, 

including outside counsel and in-house counsel (subject to paragraphs 9 and 10 of this 

Order); (vii) an independent contractor, consultant, and/or expert retained for the purpose 

of this litigation; (viii) court reporters and videographers; (ix) the Court; or (x) 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.

15. 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 – OUTSIDE ATTORNEYS’ 

EYES ONLY,” or “RESTRICTED CONFIDENTIAL SOURCE CODE” pursuant to this 

6 A Party must seek leave of Court before disclosing DESIGNATED MATERIAL to

current or former representatives of a company affiliated with the producing Party.

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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.

16. 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.

17. The Order applies to pretrial discovery. Any use of Protected Material at trial shall be 

governed by a separate agreement or order. 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.

18. 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 

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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.

19. Each outside consultant, expert, or designated representative 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.

20. 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 contended 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.

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

designate as “CONFIDENTIAL,” “RESTRICTED -- OUTSIDE ATTORNEYS’ EYES 

ONLY,” or “RESTRICTED CONFIDENTIAL SOURCE CODE” any documents, 

information or other material, in whole or in part, produced or given 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” in accordance with 

this Order.

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22. 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 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. 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 excerpts or extracts incorporated into any privileged 

memoranda or work product of the Parties and materials which have been admitted into 

evidence in this Action), shall be destroyed. At the time the case is terminated, if the 

Producing Party wishes that any DESIGNATED MATERIAL be returned rather than 

destroyed, it may notify the Receiving Party in writing to return such materials. For 

purposes of this paragraph, “final termination of this Action” will occur for any Party

within 30 calendar days of the conclusion of this litigation by settlement or final judgment, 

including exhaustion of all appeals or upon the Court’s entry of a Dismissal Order as to 

that Party. The receiving Party shall verify the return or destruction by affidavit furnished 

to the producing Party, upon the producing Party’s request. The Parties shall not be 

required to delete information that may reside on electronic disaster recovery systems that 

are overwritten in the normal course of business, or information that may reside in 

electronic files which are not reasonably accessible. However, the Parties and their counsel 

shall not retrieve, access, nor use any DESIGNATED MATERIAL from said electronic 

Case 6:20-cv-00533-ADA Document 67 Filed 08/24/21 Page 15 of 19
16

disaster recovery systems or other not-reasonably accessible data sources after the 

conclusion of the matter.

23. 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.

24. 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.

25. This Order shall not bar any attorney in the course of rendering advice to such attorney’s 

client with respect to this litigation from conveying to any Party the attorney’s evaluation 

in a general way of Protected Material produced or exchanged under the terms of this 

order; provided, however, that in rendering such advice and otherwise communicating 

with the client, the attorney shall not disclose the contents of any Protected Material 

produced by another Party if such disclosure would be contrary to the terms of this 

Protective Order.

26. A nonparty producing information or material voluntarily or pursuant to a subpoena or a 

Case 6:20-cv-00533-ADA Document 67 Filed 08/24/21 Page 16 of 19
17 

court order may designate such material or information as Protected Information pursuant 

to the term of this Protective Order. A nonparty’s use of this Protective Order to protect 

its Protected Information does not entitle that nonparty access to the Protected Information 

produced by any party in this case.

27. 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.

28. 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.

29. 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.

Signed on August 24, 2021.

Case 6:20-cv-00533-ADA Document 67 Filed 08/24/21 Page 17 of 19
IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS

WACO DIVISION

WSOU INVESTMENTS, LLC d/b/a § NO. 6:20-CV-533-ADA

BRAZOS LICENSING AND § NO. 6:20-CV-534-ADA

DEVELOPMENT, § NO. 6:20-CV-535-ADA

§ NO. 6:20-CV-536-ADA

Plaintiff, § NO. 6:20-CV-537-ADA

§ NO. 6:20-CV-538-ADA

v. § NO. 6:20-CV-540-ADA

§ NO. 6:20-CV-541-ADA

HUAWEI TECHNOLOGIES CO. LTD., § NO. 6:20-CV-542-ADA

ET AL. § NO. 6:20-CV-543-ADA

§ NO. 6:20-CV-544-ADA

Defendants. § 

______________________________________________________________________________ 

APPENDIX A

UNDERTAKING OF EXPERTS, CONSULTANTS, OR DESIGNATED 

REPRESENTATIVES 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,”

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

CONFIDENTIAL SOURCE CODE” that is disclosed to me.

Case 6:20-cv-00533-ADA Document 67 Filed 08/24/21 Page 18 of 19
4. Promptly upon termination of these actions, I will return all documents and things

designated as “CONFIDENTIAL,” “RESTRICTED -- OUTSIDE 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

Case 6:20-cv-00533-ADA Document 67 Filed 08/24/21 Page 19 of 19