1

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

MARSHALL DIVISION

REDSTONE LOGICS LLC

Plaintiff,

v.

SAMSUNG ELECTRONICS CO., LTD., 

SAMSUNG ELECTRONICS AMERICA, INC.,

Defendants.

Case No. 2:23-cv-00485-JRG 

JURY TRIAL DEMANDED 

PROTECTIVE ORDER

WHEREAS, Plaintiff Redstone Logics LLC and Defendants Samsung Electronics Co., Ltd. 

and Samsung Electronics America, Inc., 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”).

(a) Designating Documents: Protected Material shall be designated by the Party

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producing it by affixing a legend or stamp on such document, information or

material as follows: “CONFIDENTIAL,” “CONFIDENTIAL – OUTSIDE 

ATTORNEYS’ EYES ONLY,” or “CONFIDENTIAL – OUTSIDE 

ATTORNEYS’ EYES ONLY – SOURCE CODE.” The words

“CONFIDENTIAL,” “CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES 

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

SOURCE CODE” shall be placed clearly on each page of the Protected Material

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

except for electronic files, as noted in Paragraph 1(d).

(b) Designating Transcripts: Parties or entities may designate depositions and other 

testimony with the appropriate designation by indicating on the record at the time 

the testimony is given or by sending written notice of how portions of the transcript 

of the testimony are designated within thirty (30) days of receipt of the transcript 

of the testimony. If no indication on the record is made, all information disclosed 

during a deposition shall be deemed “CONFIDENTIAL – OUTSIDE 

ATTORNEYS’ EYES ONLY” until the time within which it may be appropriately 

designated as provided for herein has passed. For deposition and hearing

transcripts, the words “CONFIDENTIAL,” “CONFIDENTIAL – OUTSIDE 

ATTORNEYS’ EYES ONLY,” or “CONFIDENTIAL – OUTSIDE 

ATTORNEYS’ EYES ONLY – SOURCE CODE” 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 

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that transcript as “CONFIDENTIAL,” “CONFIDENTIAL – OUTSIDE 

ATTORNEYS’ EYES ONLY,” or “CONFIDENTIAL – OUTSIDE 

ATTORNEYS’ EYES ONLY – SOURCE CODE.”

(c) Designating Videotaped Depositions: In the event the deposition is videotaped, 

the original and all copies of the videotape shall be marked by the video technician

to indicate that the contents of the videotape are subject to this Protective Order, 

including the specific confidentiality level claimed for the transcript of the 

deposition pursuant to this Order substantially along the lines of: “This videotape 

contains [“CONFIDENTIAL,” “CONFIDENTIAL – OUTSIDE ATTORNEYS’ 

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

ONLY – SOURCE CODE.] information and is not to be viewed, or the contents 

thereof displayed or revealed, except pursuant to the terms of the operative 

Protective Order in this matter or pursuant to written stipulation of the Parties.”

(d) Designating Native Files: Where electronic files and documents are produced in 

native electronic format, such electronic files and documents shall be designated 

for protection by appending confidentiality designations to the file names or 

otherwise providing confidentiality designations (e.g., through metadata and/or slip 

sheet produced along with each respective native file or by way of a cover letter or 

communication), with information indicating whether the file contains 

“CONFIDENTIAL,” “CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES 

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

SOURCE CODE” material. If such electronic files or documents are printed, the 

Party printing the electronic files or documents shall place on the printed document 

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the appropriate designation, as well as the production numbers associated with the 

electronic files or documents.

2. Any document produced under Patent Rules 2-2, 3-2, and/or 3-4 before issuance of this 

Order with the designations “Confidential,” “Highly Confidential – Outside Counsel’s 

Eyes Only,” or “Confidential- Outside Attorneys’ Eyes Only” shall receive the same

treatment as if designated “CONFIDENTIAL – OUTSIDE 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,”

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

OUTSIDE ATTORNEYS’ EYES ONLY – 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 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,” “CONFIDENTIAL –

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

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

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

– SOURCE CODE” both individually and collectively.

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

ATTORNEYS’ EYES ONLY – 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. Unauthorized or illegal distribution or publication of 

documents, information, or material without the producing party's permission shall not be 

deemed a waiver in whole or in part of a claim for confidential treatment of said 

unauthorized or illegally distributed or published documents, information, or material. 

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, information ormaterial 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

or upon order of the Court:

(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, provided that any such person has agreed 

to be bound by the terms of this Order by signing the agreement attached hereto 

as Appendix A, which shall be provided to the producing Party before disclosure 

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of Protected Material to the designated representative;

(d) mock jurors and jury consultants who have signed an undertaking or agreement 

agreeing not to publicly disclose Protected Material and to keep any information 

concerning Protected Material confidential;

(e) up to and including three (3) designated representatives of each of the Parties who 

are officers or employees of the receiving Party, as well as their immediate paralegals and 

staff, to whom disclosure is reasonably necessary for the litigation of this Action,

provided that any such person has agreed to be bound by the terms of this Order 

by signing the agreement attached hereto as Appendix A, which shall be provided 

to the producing Party before disclosure of Protected Material to the designated 

representative. 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;

(f) 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 Exhibit 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 Undertaking to object to and notify the receiving Party in writing that 

it objectsto 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 disclosure of the consultant or expert,

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;

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

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

Protective Order;

(h) 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 

they have an obligation not to publicly disclose Protected Material and to keep any 

information concerning Protected Material confidential; and

(i) the Court and its personnel.

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

upon a good faith belief that the documents, information or material contain or reflect

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

whom the Party reasonably believes it owes an obligation of confidentiality with respect to

such documents, information or material.

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

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

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

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

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

duplicates, extracts,summaries or descriptions 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 “CONFIDENTIAL

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

includes computer source code, including for example computer code, scripts, assembly, 

binaries, object code, source code listings and descriptions of source code, object code 

listings and descriptions of object code, and Hardware Description Language (HDL) or 

Register Transfer Level (RTL) files that describe the hardware design of any ASIC or other 

chip, and/or live data (that is, data as it exists residing in a database or databases), the 

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producing Party may designate the Protected Material as “CONFIDENTIAL – OUTSIDE 

ATTORNEYS’ EYES ONLY – SOURCE CODE.”

9. For Protected Material designated “CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES

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

listed in Paragraphs 5(a-b) and (f-i).

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

ONLY – SOURCE CODE,” the following additional restrictions apply:

(a) Access to a Party’s source code material shall be provided only on one (1) “standalone” 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 may request a second stand-alone computer if the source code requires 

experts with different skillsets to review, for example, if substantial parts of the 

code are written in different languages, and this request shall not be unreasonably 

withheld. The stand-alone computer shall have a full sized keyboard, mouse, and 

two monitors. Additionally, except as provided in Paragraphs 10(l) and 10(n)

below, the stand-alone computer may only be located at the Los Angeles offices

of the producing Party’s outside counsel; at the location of a witness providing 

deposition testimony on behalf of a producing Party; or at a location mutually 

agreed by the Parties. Any review of source code on the stand-alone computer(s)

by the receiving Party must occur prior to the close of expert discovery unless 

otherwise agreed among the parties or ordered by the Court;

(b) Prior to the first inspection of any requested source code, the receiving Party shall 

provide at least five (5) days’ notice of the source code that it wishes to inspect. 

For subsequent reviews, the receiving Party shall provide three (3) business days’ 

notice prior to any additional inspection. 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 6:00 p.m. A list of names of persons who will inspect the 

source code material will be provided to the producing Party at the time of request 

for access. Upon reasonable notice from the receiving Party, the producing Party

shall make reasonable efforts to accommodate the receiving Party’s request for

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 as identified above or any location 

agreed to under Paragraph 10(a) above shall not unreasonably hinder the receiving 

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

this Action. No recordable media or recordable devices, including without 

limitation sound recorders, computers, cell phones, peripheral equipment, cameras, 

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CDs, DVDs, or drives of any kind, shall be permitted into the source code Review 

Room. The producing Party may visually monitor the activities of the receiving 

Party’s representatives during any source code review, to ensure that no 

unauthorized electronic records of the source code are being created or transmitted 

in any way and to ensure compliance with this Protective Order, but not to observe 

the work product of the receiving Party. 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. The receiving Party will not copy, remove, or 

otherwise transfer any source code from the source code computer including, 

without limitation, copying, removing, or transferring the source code onto any 

recordable media or recordable device. The receiving Party’s outside counsel 

and/or experts shall be entitled to take notes relating to the source code but may 

not copy the source code into the notes. Proper identification of all authorized 

persons shall be provided prior to any access to the secure room or the computer 

containing source code. Access to the secure room or the source code computer 

may be denied, at the discretion of the supplier, to any individual who fails to 

provide proper identification;

(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 “CONFIDENTIAL – OUTSIDE 

ATTORNEYS’ EYES ONLY – SOURCE CODE” shall be limited to outside 

counsel and up to four (4) 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(f) above, provided that: (a) such expert or consultant is not a current 

officer, director, or employee of a Party or of a competitor of a Party, nor 

anticipated at the time of retention to become an officer, director or employee of a 

Party or of a competitor of a Party; (b) such expert or consultant is not involved in 

competitive decision-making on behalf of a Party or a competitor of a Party; and 

(c) no unresolved objections to disclosure exist after proper notice has been given 

to all Parties. 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 

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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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 document will be stamped and treated as 

“CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY – SOURCE 

CODE” or (2) those pages containing quoted source code material will be 

separately stamped and treated as “CONFIDENTIAL – OUTSIDE 

ATTORNEYS’ EYES ONLY – SOURCE CODE”;

(g) Except as set forth elsewhere in Paragraph 10, no electronic copies of source code 

material shall be made without prior written consent of the producing Party;

(h) The receiving Party shall request for printing only such portions as are reasonably 

necessary from the standalone computers onto pre-Bates numbered and 

watermarked paper, which shall be provided by the producing Party, that bears the 

legend “CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY – SOURCE 

CODE.” Within five (5) days of request, the producing Party shall either make 

available for pick up by receiving Party an envelope containing four (4) copy sets 

of such pages from the Los Angeles office of Covington & Burling, or (ii) inform 

the requesting Party that it objects that the printed portions are excessive and/or 

not done for a permitted purpose, in which case the Parties shall meet and confer 

within five days of such an objection having been made. If, after meeting and 

conferring, the producing Party and the receiving Party cannot resolve the 

objection, within three (3) business days, the receiving Party shall seek a Court 

resolution of whether the printed source code in question is reasonable and was 

printed for a permitted purpose. The receiving Party shall not request to print more 

than thirty (30) consecutive pages and no more than five hundred (500) pages in 

total of the producing Party’s source code throughout the duration of this action, 

without prior written approval by the producing Party, such approval to be granted 

or denied within three (3) business days of the receiving Party’s request and such 

approval not to be unreasonably requested or withheld;

(i) The receiving Party may not make photocopies of the received source code, other 

than as reasonably necessary and set forth below for purposes of Court filings and 

proceedings, expert reports, contentions, and depositions. Copies may not be made 

for purposes of review elsewhere in the first instance (i.e., as an alternative to 

reviewing the source code material in the room in which the stand alone computers 

are located);

(j) At least seven (7) business days in advance of the date upon which the Receiving 

Party wishes to use the source code computers, the Receiving Party shall identify 

the licensed software tools it wishes to have installed and available for use on the 

source code computers, and provide, on a CDROM, flash drive, or other medium, 

a properly licensed copy of the software it requests to be installed.; the Producing 

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Party may promptly serve any objections to any such items identified by the 

Receiving Party. Any costs associated with acquiring licenses to requested 

software tools shall be borne by the Receiving Party. In the event that there are 

issues concerning the installation or use of such tool, the Parties, and their technical 

staff, shall meet and confer promptly to resolve such issues. Plaintiff requests the 

following list of software be approved.

3 Defendants agree to investigate the list of 

software and to raise any objections by May 15, 2024. To the extent other tools are 

requested, the Producing Party should not unreasonably withhold installation of 

such tools. If after meeting and conferring, the Parties cannot resolve an objection 

to a source code tool, the receiving Party shall seek Court intervention within three

(3) days:

• SlickEdit (http://www.slickedit.com)

• Understand (http://www.scitools.com)

• Beyond Compare (http://www.scootersoftware.com)

• Acrobat Acrobat Pro 

• Eclipse (https://www.eclipse.org/downloads/packages/release/2019-

03/r/eclipse-ide-cc-developers)

• Cygwin (http://www.cygwin.com)

• Notepad++ (https://notepad-plus-plus.org/download/v7.4.2.html)

• SlickEdit Pro (https://www.slickedit.com/)

• PowerGrep (http://www.powergrep.com)

• CLOC (https://sourceforge.net/projects/cloc/files/cloc/v1.64)

• Microsoft Office (https://products.office.com/en-us/compare-allmicrosoft-office-products)

• Microsoft Visual Studio Code (https://github.com/microsoft/vscode)

• Vim (https://github.com/vim/vim)

• SublimeText (https://www.sublimetext.com/)

• Xcode (https://developer.apple.com/xcode/)

(k) The receiving Party shall maintain a log of all paper copies of the source code. The 

log shall include the names of the reviewers and/or recipients of paper copies along 

with dates and locations where the paper copies are stored for all reviewers other 

than outside counsel for receiving Party. 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. 

Such photocopies shall also be on watermarked paper. 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

3 The parties agree that the identified links and/or version numbers are for reference only, 

and will meet and confer if needed.

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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

(l) 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, 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, except when transmitted for the purpose of filing 

or serving documents that pursuant to the Court’s rules, procedures, or orders must 

be filed or served electronically.

(m) A producing Party may, at its election, prohibit a receiving Party’s source code 

reviewer(s) from bringing electronic devices (other than medical devices) into the 

room containing the stand-alone computer. If the receiving Party so elects, the 

producing Party must provide (1) a separate, secure, and substantially private 

workspace convenient to the review room for use by the receiving Party’s 

reviewer(s) to store and use electronic devices; and (2) a note-taking laptop located 

in the review room. The note-taking laptop must be equipped with Microsoft Word 

and Microsoft OneNote, or (after reasonable notice to the reviewing Party) 

equivalent software. The producing Party must provide for any reviewer to load 

notes, including electronic documents, onto the note-taking laptop prior to a review 

session and to retrieve notes from the note-taking laptop after a review session, for 

example by supervised use of a USB storage device. All notes, whether electronic 

or otherwise, will remain protected as work product. For the avoidance of doubt, 

no reviewer may at any time copy any portions or sections of source code material 

into either electronic or paper notes and counsel for the reviewing Party shall 

instruct its reviewer(s) not to copy or include any portion or section of source code 

material in either electronic or paper notes.

(n) For depositions, five (5) business days before the date of the deposition, the 

Receiving Party shall notify the Producing Party of the Source Code printouts it 

wishes to use at the deposition, and which the Producing Party shall make available 

to the witness at the deposition. The Producing Party shall endeavor to 

accommodate requests made on shorter notice. Absent other agreement among the 

parties, the Receiving Party will ensure that its counsel have any needed Source 

Code printouts, and the Producing Party will ensure its counsel and its witnesses 

have any needed Source Code printouts. Copies of source code 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, unless otherwise agreed by the producing Party. At the end 

of the deposition, all paper copies of source code brought to the deposition by the 

receiving Party must be returned to the receiving Party’s Counsel for secure 

transport back to the secured locked area in the offices of the receiving Counsel, 

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and all paper copies of source code brought to the deposition by the producing 

Party must be returned to the producing Party’s Counsel. Furthermore, for 

depositions of persons eligible to view Source Code Material, upon at least one

week of advance notice by a Receiving Party, the Producing Party shall make a 

Source Code Computer available at the deposition. During the deposition, neither 

the screen nor the contents of the Source Code Computer may be recorded. The 

Source Code Computer made available at the deposition shall include appropriate 

software analysis tools as discussed below, provided the Receiving Party has, at its 

expense, provided the supplier with a license for such software tool in sufficient 

time to have it properly loaded on the deposition source code computer and subject 

to any objections of the Producing Party.

(o) In the case of any conflict between a provision of Paragraph 10 (regarding source 

code) and any other provision in this Order, the provision in Paragraph 10 

(regarding source code) shall govern.

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

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

that is designated “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” and/or 

“CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY – 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 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. 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

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suit. For the avoidance of doubt, this provision shall not preclude any person (including 

counsel or experts) who obtains, receives, or otherwise learns, in whole or in part, the other 

Party’s DESIGNATED MATERIAL under this Order from participating in or representing 

it in reexamination proceedings, Post-Grant Review proceedings, or Inter Partes Review 

proceedings involving the patents-in-suit provided that they do not advise on, consult on, 

prepare, draft, or edit any amendment to specifications or claims based on those 

proceedings.

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 

destroy all copies of such documents, information or other material and certify 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. 

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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 officer, director or

employee of the producing Party; (v) counsel for a Party, including outside counsel and

in-house counsel (subject to Paragraphs 9 and 11 of this Order); (vi) an independent 

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

disclosed and approved pursuant to Paragraph 5(f); (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.

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,” “CONFIDENTIAL – OUTISDE ATTORNEYS’ EYES 

ONLY,” or “CONFIDENTIAL OUTSIDE ATTORNEYS’EYES ONLY –SOURCE CODE”

pursuant to this Order. Accessto the deposition or hearing transcript so designated shall be

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16

limited in accordance with the terms of this Order. Unless the Parties stipulate otherwise 

in writing, until the expiration of the 30-day period, the entire deposition or hearing 

transcript shall be treated as CONFIDENTIAL – OUTSIDE ATTOENEYS’ EYES 

ONLY. 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 requirementsset 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.

16. This 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. However, each 

of the Parties reserves the right to request that the Court seal the courtroom, if allowed by 

the Court, during the presentation of any testimony relating to or involving the use of any 

Protected Material.

17. 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 

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17

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.

18. 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.

19. The parties agree that an expert’s drafts reports, notes, and outlines of draft reports shall 

not be subject to discovery in this case, nor shall any such drafts, notes, or outlines of draft 

reports that the expert prepared in other cases that are not publicly available be subject to 

discovery in this case. This provision does not undermine the existing protections for 

expert discovery and exceptions thereto set forth in Fed. R. Civ. P. 26(b)(4).

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 designate material for protection under this Order.

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

designate as “CONFIDENTIAL” “CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES 

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18

ONLY” or “CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY –

SOURCECODE” 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 ofsuch 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 materialso produced or given shall be treated as

“CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY.” 

22. The provisions of this Order shall continue to be binding after final termination of this 

case until a Producing Party agrees otherwise in writing or a court order otherwise directs. 

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

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

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

incorporated into any privileged memoranda of the Parties and materials which have been

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

returned to the producing Party or be destroyed. Notwithstanding the foregoing, outside 

counsel of record shall be entitled to maintain copies of all pleadings, expert reports, 

motions and trial briefs (including all supporting and opposing papers and exhibits 

thereto), written discovery requests and responses (and exhibits thereto), deposition 

transcripts (and exhibits thereto), trial transcripts and hearing transcripts, and exhibits 

offered or introduced into evidence at any hearing or trial, emails and their attachments, 

and their attorney work product which refers or is related to any Protected Material for 

archival purposes only. Any such archived copies that contain or constitute Protected 

Material remain subject to this Order and shall be maintained in confidence by outside 

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19

counsel for the Party retaining the materials. This provision does not apply to the Court, 

including court personnel and the Court’s reporter. Any destruction obligations under this 

Protective Order shall not apply to electronically-stored information in archival form 

stored on backup tapes or computer servers that are created only for disaster recovery 

purposes, provided that such electronic archives are not used as reference materials for a 

receiving Party’s business operations, and further provided that no Protected Material in 

such electronic archives shall be used for any purpose other than uses archival backup and 

recovery. 

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. 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 

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20

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. 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.

26. 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.

.

____________________________________

RODNEY GILSTRAP

UNITED STATES DISTRICT JUDGE So ORDERED and SIGNED this 23rd day of April, 2024.

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1

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

MARSHALL DIVISION

REDSTONE LOGICS LLC

Plaintiff,

v.

SAMSUNG ELECTRONICS CO., LTD., 

SAMSUNG ELECTRONICS AMERICA, INC.,

Defendants.

Case No. 2:23-cv-00485-JRG

JURY TRIAL DEMANDED

APPENDIX A

UNDERTAKING OF EXPERTS OR CONSULTANTS REGARDING 

PROTECTIVE ORDER

I, ___________________________________________, declare that:

1. My address is _________________________________________________________. 

My current employer is _________________________________________________. 

My current occupation is ________________________________________________.

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

understand the provisions of the Protective Order.

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

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

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

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

OUTSIDE ATTORNEYS’ EYES ONLY – SOURCE CODE” that is disclosed to me.

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

designated as “CONFIDENTIAL,” “CONFIDENTIAL –-- OUTSIDE ATTORNEYS’ 

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2

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

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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