[Proposed] Order & Stip re Supp. Protective Order & Inspection Prot. No. 17-cv-00561-WHO (LB)

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MARC N. BERNSTEIN (SBN 145837) 

mbernstein@blgrp.com 

WILL B. FITTON (SBN 182818) 

wfitton@blgrp.com 

THE BUSINESS LITIGATION GROUP, P.C. 

555 Montgomery Street, Suite 1650 

San Francisco, California 94111 

Telephone: 415.765.6633 

Facsimile: 415.283.4804 

Attorneys for Defendant 

CHING-HAN TSAI 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

SAN FRANCISCO DIVISION 

SYNOPSYS, INC., 

 Plaintiff, 

 v. 

UBIQUITI NETWORKS, INC., UBIQUITI 

NETWORKS INTERNATIONAL 

LIMITED, CHING-HAN TSAI, and DOES 

1-20, inclusive, 

 

Defendant. 

AND RELATED COUNTERCLAIMS 

Case No. 3:17-cv-00561-WHO 

[PROPOSED] ORDER AND 

STIPULATION RE: SUPPLEMENTAL 

INSPECTION PROTOCOL AND 

PROTECTIVE ORDER 

Case 3:17-cv-00561-WHO Document 194 Filed 05/16/18 Page 1 of 5
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[Proposed] Order & Stip re Supp. Protective Order & Inspection Prot. No.:17-cv-00561-WHO (LB)

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RECITALS 

1. Plaintiff Synopsys, Inc. (“Synopsys”) desires to forensically inspect 

certain additional devices belonging to Defendant Ching-Han Tsai (“Additional Tsai 

Devices”) for the purpose of obtaining forensic evidence, if any, that supports 

Synopsys’s claims in this case (the “Purpose”).

2. Mr. Tsai is agreeable to making the Additional Tsai Devices available 

for imaging for the Purpose within certain defined limits and according to certain 

specified procedures. 

3. Synopsys has contracted with FTI Consulting (“FTI”), to examine the 

Additional Tsai Devices for the Purpose. 

4. Mr. Tsai would like to maintain the confidentiality of his proprietary 

data, his privacy, and information protected under the attorney-client privilege and 

attorney work product doctrines, and to limit the use of the fruits of the forensic 

inspection to the Purpose. 

ACCORDINGLY, UNDERSIGNED COUNSEL STIPULATE that the following 

shall govern the possession, inspection, and return of the Additional Tsai Devices, 

and the creation and use of images created from them. 

A. Images of the Additional Tsai Devices, and any review of them, are 

subject to the Stipulated Protective Order for Litigation Involving Patents, Highly 

Sensitive Confidential Information and/or Trade Secrets (Dkt. #94) (the “Protective 

Order”), the Order Granting Protocol Concerning Forensic Inspection of Defendants’ 

Devices (Dkt. #144) (the “Inspection Protocol”), and the following supplemental 

provisions to those orders. 

B. The Protective Order is supplemented to provide for an additional 

confidentiality designation entitled “HIGHLY CONFIDENTIAL – DEVICE IMAGE.” 

This designation shall be available for images made of the Additional Tsai Devices. 

Material designated as “HIGHLY CONFIDENTIAL – DEVICE IMAGE” shall be 

considered “Protected Materials” under the Protective Order and will be subject to 

Case 3:17-cv-00561-WHO Document 194 Filed 05/16/18 Page 2 of 5
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[Proposed] Order & Stip re Supp. Protective Order & Inspection Prot. No.:17-cv-00561-WHO (LB)

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all of the protections afforded to “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 

ONLY” information under the Protective Order, but shall also be subject to the 

additional requirements that HIGHLY CONFIDENTIAL – DEVICE IMAGE materials 

may only be loaded on secured computers at a Professional Vendor, as defined in the 

Protective Order, and are subject to the terms of the Inspection Protocol as 

supplemented below. 

C. The Inspection Protocol is supplemented to provide that FTI will use its 

own lab equipment for analysis of HIGHLY CONFIDENTIAL – DEVICE IMAGE 

materials, and that FTI will delete any copies of such materials and data associated 

with them in accordance with the Protective Order entered by the Court in this 

matter. 

D. The Inspection Protocol is further supplemented to provide that during 

FTI’s inspection of HIGHLY CONFIDENTIAL – DEVICE IMAGE materials, FTI may 

not (i) download any information to an electronic storage device, except as otherwise 

described in the Inspection Protocol; (ii) use a thumb drive, except to store and run 

the forensic tools that FTI plans to download prior to the inspection; (iii) take 

photographs of, or otherwise capture verbatim, the content of these materials; 

(iv) read or otherwise communicate the content of these materials verbatim to nonFTI personnel; or (v) otherwise communicate or transmit the contents of inspected 

materials, including orally, to counsel except at a high level of generality and as is 

reasonably necessary to permit counsel to direct FTI regarding inspection processes. 

E. Two of the Additional Tsai Devices, an iPhone and an iPad Mini, may 

contain Ubiquiti, Inc. source code or layout design. Once FTI has completed making 

images of these devices, FTI will provide the images to counsel for Mr. Tsai to 

determine whether they do or do not contain such materials. FTI is not permitted to 

inspect the images until counsel for Mr. Tsai has made this determination. Counsel 

for Mr. Tsai shall inform FTI on or before May 21, 2018. If a device does contain 

source code or layout design, the image of that device will be designated “HIGHLY 

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[Proposed] Order & Stip re Supp. Protective Order & Inspection Prot. No.:17-cv-00561-WHO (LB)

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CONFIDENTIAL – SOURCE CODE” or “HIGHLY CONFIDENTIAL – LAYOUT 

DESIGN,” as appropriate, and FTI’s inspection of the device will be pursuant to the 

Inspection Protocol and not the supplemental provisions above. If a device does not 

contain either source code or layout design, the image of that device with be 

designated “HIGHLY CONFIDENTIAL – DEVICE IMAGE,” and FTI’s inspection 

will be pursuant to the Inspection Protocol, as supplemented above. 

Agreed to by: 

DATED: May 16, 2018 ORRICK, HERRINGTON & SUTCLIFFE LLP 

 By: /s/Denise M. Mingrone 

 Denise M. Mingrone 

 Attorneys for Plaintiff 

SYNOPSYS, INC. 

DATED: May 16, 2018 THE BUSINESS LITIGATION GROUP, P.C. 

 By: /s/ Will B. Fitton 

 Will B. Fitton 

 Attorneys for Defendant 

CHING-HAN TSAI 

ATTESTATION OF CONCURRENCE IN FILING 

In accordance with Civil Local Rule 5-1(i)(3), I attest the concurrence in the 

filing of this document has been obtained from Denise M. Mingrone. 

DATED: May 16, 2018 THE BUSINESS LITIGATION GROUP, P.C. 

 By: _ /s/ Will B. Fitton__ 

 Will B. Fitton 

 Attorneys for Defendant 

 CHING-HAN TSAI 

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[Proposed] Order & Stip re Supp. Protective Order & Inspection Prot. No.:17-cv-00561-WHO (LB)

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PURSUANT TO THE STIPULATION, IT IS SO ORDERED. 

DATED:_______________________ __________________________________ 

 HON. LAUREL BEELER 

 UNITED STATES MAGISTRATE JUDGE 

Case 3:17-cv-00561-WHO Document 194 Filed 05/16/18 Page 5 of 5