1

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF TEXAS

MARSHALL DIVISION

Symbology Innovations, LLC,

Plaintiff,

v.

Valve Corporation, Gearbox Software, 

LLC,

Defendants.

Case No. 2:23-cv-419-JRG

JURY TRIAL DEMANDED

JOINT PROTECTIVE ORDER

WHEREAS, Symbology Innovations, LLC (“Plaintiff”) and Valve Corporation and 

Gearbox Software, LLC (“Defendants”), collectively 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;

WHEREAS, the Partiesseek a protective orderlimiting disclosure thereofin 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 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 

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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) for which such protection is sought. For deposition and hearing transcripts, the

word “CONFIDENTIAL” 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 “CONFIDENTIAL.”

2. Any document produced under Patent Rules 2-2, 3-2, and/or 3-4 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 untilsuch document isredesignated 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 

SOURCE CODE” (“DESIGNATED MATERIAL”),

1 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 

1 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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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 

DESIGNATEDMATERIALmay request destruction ofthat ProtectedMaterial 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 ofthe inadvertently 

or unintentionally produced Protected Materials and any documents, information or material 

derived from or based thereon.

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

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

upon order of the Court, or as set forth in paragraph 12 herein:

(a) outside counsel of record in this Action for the Parties;

(b) employees 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, and the assistants and paralegals thereof;

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(d) up to an including three (3) designated representatives of each of the Parties to the 

extent reasonably necessary for the litigation of this Action;

(e) outside consultants or experts (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 Appendix A hereto and the same is

served upon the producing Party with a current curriculum vitae of the consultant or

expert at least ten (10) days before access to the Protected Material is to be given

to that consultant or expert, allowing the producing party 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 and use good faith to 

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

objecting Party may file a motion with the Court within fifteen (15) days of the

notice, or within such other time asthe Partiesmay 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;

(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, provided 

that before access is given to graphics or design services, jury or trial consulting 

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

counsel, such individuals have completed the Undertaking attached as Appendix 

A hereto.

(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 believesit 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 

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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. 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 ofsuch 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 --

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 

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 only on “stand-alone” 

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

local area network (“LAN”), an intranet or the Internet). The receiving Party shall 

provide at least ten (10) business days’ notice for the receiving Party’s first request 

to access Source Code Material, and three (3) business days’ notice for subsequent 

requests to access such Material. Any requests for printouts of Source Code 

Material will be formatted using Adobe by the Receiving Party and placed in dated 

folders on the computer for collection and production by the producing Party 

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within five (5) business days of each review. The Receiving Party shall not request 

printouts for the purposes of reviewing the source code, in lieu of reviewing the 

source code computer, in the first instance. Additionally, the stand-alone

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

counsel or its vendors;

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

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

of this paragraph shall be 9:00 a.m. through 5:00 p.m. However, upon reasonable 

notice from the receiving party, the producing Party shall make reasonable effortsto 

accommodate the receiving Party’srequestfor accessto the stand-alone computer(s) 

outside of normal business hours. The Parties agree to cooperate in good faith such 

that maintaining the producing Party’s Source Code Material at the offices of its 

outside counsel shall not unreasonably hinder the receiving Party’s ability to 

efficiently and effectively conduct the prosecution or defense of this Action;

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

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

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

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

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

(e) Access to Protected Material designated RESTRICTED CONFIDENTIAL -

SOURCE CODE shall be limited to outside counsel and up to two (2) outside 

consultants or experts2 (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 the 

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;

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

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

asRESTRICTEDCONFIDENTIALSOURCECODEor(2)those pages containing 

quoted Source Code Material will be separately stamped and treated as

RESTRICTED CONFIDENTIAL SOURCE CODE;

2 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.

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(g) 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;

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

photocopies of Source Code Material, all of which shall be designated and clearly 

labeled “RESTRICTED CONFIDENTIAL SOURCE CODE,” and the receiving 

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

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

media shall be labeled “RESTRICTED 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 Partymay 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); and

(k) A producing Party’s SourceCode 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, on paper via hand carry, Federal 

Express or other similarly reliable courier. Source Code Material may not be 

transported or transmitted electronically over a network of any kind, including a 

LAN, an intranet, or the Internet. 

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

person associated with a Plaintiff and permitted to receive the Defendant’s Protected

Material that is designated RESTRICTED -- ATTORNEYS’ EYES ONLY and/or 

RESTRICTED CONFIDENTIAL SOURCE CODE (collectively “HIGHLY SENSITIVE 

MATERIAL”), who obtains, receives, has access to, or otherwise learns, in whole or in 

part, Defendant’s HIGHLY SENSITIVE MATERIAL under this Order shall not prepare, 

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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 Plaintiff or its 

acquirer,successor, predecessor, or other affiliate during the pendency ofthis Action and for 

one year after its conclusion, including any appeals. To ensure compliance with the purpose 

of this provision, Plaintiff shall create an “Ethical Wall” between those persons with access 

to HIGHLY SENSITIVE MATERIAL and any individuals who, on behalf of Plaintiff 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 

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

other materialsubject 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 othermaterialitreasonably believes are protected under 

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

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

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

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

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

producingParty, exceptfor any pages containing privileged or otherwise protectedmarkings 

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

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 theDESIGNATEDMATERIALas an author, addressee, 

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

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

business, seen such DESIGNATED MATERIAL, (iv) a current or former officer, director 

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

a company affiliated with the producing Party; (v) counsel for a Party, including outside 

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

contractor, consultant, and/or expert retained for the purpose of this litigation; (vii) court

reporters and videographers; (viii) the Court; or (ix) other persons entitled hereunder to 

accesstoDESIGNATEDMATERIAL. DESIGNATEDMATERIALshall 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 

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

thereof as “CONFIDENTIAL,” “RESTRICTED - ATTORNEY’ EYES ONLY,” or 

“RESTRICTED CONFIDENTIAL SOURCECODE” pursuant to this Order. Accessto 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. The existence of this Protective Order must be disclosed to any person producing 

documents, tangible things, or testimony in this action who may reasonably be expected 

to desire confidential treatment for such documents, tangible things, or testimony. Any 

such person or any Party may designate documents, tangible things, or testimony 

confidential pursuant to this Protective Order.

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

shall remain underseal 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.

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

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

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

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

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

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

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

Party may apply to the Court for relief. Until any dispute under this paragraph is ruled 

upon by the Court, the designation will remain in full force and effect, and the information 

will continue to be accorded the confidential treatment required by this Protective Order. 

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 contended the discovery sought

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

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

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

designate as “CONFIDENTIAL” or “RESTRICTED -- ATTORNEYS’ EYES ONLY” 

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.

23. Within sixty (60) days of final termination of this Action, including any appeals, all 

DESIGNATEDMATERIAL,includingall copies,duplicates, abstracts,indexes,summaries, 

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

into any privileged memoranda of the Parties and 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, except that each counsel of record may maintain one 

archive copy of all pleadings, correspondence, expert reports, deposition transcripts, 

deposition exhibits, trial transcripts, and trial exhibits, together with any attorney work 

product, provided that any such archive copy remains appropriately marked and stored in 

accordance with the provisions of this Order. The receiving Party shall verify the return

or destruction by affidavit furnished to the producing Party, upon the producing Party’s 

request.

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

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

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13

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.

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

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

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

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

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

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

action alleged to constitute a violation of this Order.

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

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

so asto void or make voidable whatever claim the Parties may have asto the proprietary and 

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

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

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

28. By entering this Protective Order and limiting the disclosure of information in this case, 

the presiding judge does not intend to preclude another court from finding that information 

may be relevant and subject to disclosure in another case. Any person or party subject to 

this Protective Order who may be subject to a motion to disclose another party’s 

DESIGNATED MATERIAL pursuant to this Protective Order must promptly notify that 

party of the motion so that the party may have an opportunity to appear and be heard on 

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whether that information should be disclosed.

29. Each of the Partiesshall 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.

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UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

MARSHALL DIVISION

Symbology Innovations, LLC,

Plaintiff,

v.

Valve Corporation, Gearbox Software, 

LLC,

Defendants.

Case No. 2:23-cv-277

JURY TRIAL DEMANDED

APPENDIX A

UNDERTAKING OF EXPERTS OR CONSULTANTS REGARDING 

PROTECTIVE ORDER

I, ___________________________________________, declare that:

1. My address is _________________________________________________________. 

My current employer is _________________________________________________. 

My current occupation is ________________________________________________.

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

understand the provisions of the Protective Order.

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

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

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

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

SOURCE CODE” that is disclosed to me.

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

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2

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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