1

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

[MARSHALL / TYLER / TEXARKANA] DIVISION

HANSHOW TECHNOLOGY CO., LTD. AND 

SHANGHAI HANSHI INFORMATION 

TECHNOLOGY CO., LTD.

Plaintiffs,

v.

SES-IMAGOTAG SA, SES-IMAGOTAG GMBH 

AND CAPTANA GMBH

Defendants.

)

)

)

)

)

)

)

)

)

)

Case No. 2:23-cv-00617-RWS-RSP

[PROPOSED] PROTECTIVE ORDER

WHEREAS, Plaintiffs, Hanshow Technology Co., Ltd. and Shanghai Hanshi Information 

Technology Co., Ltd., and Defendants, SES-imagotag SA, SES-imagotag GmbH, and Captana 

GmbH, hereafter referred to as “the Parties,” believe that certain information that is or will be

encompassed by discovery in this Action1 will involve the production or disclosure of confidential 

business information, source code, trade secrets, and or other proprietary information by the 

parties and non-party witnesses that should not be made available to competitors or to the public 

generally;

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 or persons who are not Parties to this Action (“Non-Parties”) may designate

as confidential for protection under this Order, in whole or in part, any document, 

1 This “Action” means the above-captioned matter.

Case 2:23-cv-00617-RWS-RSP Document 34-1 Filed 04/24/24 Page 1 of 24 PageID #: 397
2

information or material that constitutes or includes, in whole or in part, confidential or

proprietary information or trade secrets of the Party or a Non-Party to whom the Party or 

Non-Party reasonably believes it owes an obligation of confidentiality with respect to such 

document, information or material (“Protected Material”). Protected Material shall be 

designated by the Party producing it by affixing a legend or stamp on such document, 

information or material as follows: “CONFIDENTIAL,” or “HIGHLY CONFIDENTIAL 

– ATTORNEYS’ EYES ONLY,” or the words “RESTRICTED CONFIDENTIAL 

SOURCE CODE” 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,” the words “HIGHLY CONFIDENTIAL 

– ATTORNEYS’ EYES ONLY,” or the words “RESTRICTED CONFIDENTIAL 

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 that transcript as “CONFIDENTIAL,” “HIGHLY CONFIDENTIAL –

ATTORNEYS’ EYES ONLY,” or “RESTRICTED CONFIDENTIAL SOURCE CODE.”

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 “HIGHLY CONFIDENTIALATTORNEYS’ EYES ONLY” under this Order, unless and until such document is

redesignated to have a different classification under this Order.

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

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

Case 2:23-cv-00617-RWS-RSP Document 34-1 Filed 04/24/24 Page 2 of 24 PageID #: 398
3

SOURCE CODE” (“DESIGNATED MATERIAL”),

2 subject to the provisions herein and 

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

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

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

or for identification in depositions and hearings; (c) pretrial pleadings, exhibits to pleadings 

and other court filings; (d) affidavits; and (e) stipulations. All copies, reproductions, 

extracts, digests and complete or partial summaries prepared from any DESIGNATED

MATERIALS shall also be considered DESIGNATED MATERIAL and treated as such

under this Order.

4. A designation of Protected Material (i.e., “CONFIDENTIAL,” “RESTRICTED -

ATTORNEYS’ EYES ONLY,” or “RESTRICTED CONFIDENTIAL SOURCE CODE”) 

may be made at any time. 

(a) 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 DESIGNATEDMATERIALmayrequest destructionofthatProtectedMaterialby

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

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

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

or “RESTRICTED CONFIDENTIAL SOURCE CODE,” both individually and collectively.

Case 2:23-cv-00617-RWS-RSP Document 34-1 Filed 04/24/24 Page 3 of 24 PageID #: 399
4

Materials andanydocuments,informationormaterial derived from or based thereon.

(b) Any Party that elects to challenge the designation of any DESIGNATED 

MATERIAL may file and serve a motion that identifies the challenged material and 

sets forth in detail the basis for such challenge. Each motion must be accompanied 

by a competent declaration that affirms the movant has complied with the 

procedural requirements of this Order or establishing that the designating Party is 

unwilling to timely participate in such process. 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 Fed. R. Civ. P. 37, subject to the Rule’s provisions relating to sanctions. 

In making such application, the moving party shall follow the requirements of the 

Federal Rules of Civil Procedure, and the Local Rules of the Eastern District Texas. 

Nothing in this Order or any action or agreement of a party under this Order 

purports to limit the Court’s power to make orders concerning the disclosure of 

documents produced in discovery or trial.

5. “CONFIDENTIAL” documents, information and material may be designated as such if 

they contain or reflect non-public confidential, proprietary, and/or commercially sensitive 

information or material. “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) Individuals who are permitted to receive information designated as “HIGHLY 

CONFIDENTIAL – ATTORNEYS’ EYES ONLY” as provided in Paragraph 7.

(b) Two (2) specifically named officers, directors, or employees (including in-house 

Case 2:23-cv-00617-RWS-RSP Document 34-1 Filed 04/24/24 Page 4 of 24 PageID #: 400
5

counsel) of the Receiving Party to whom disclosure is reasonably necessary for this 

litigation, who have signed the Undertaking attached as Appendix A, and whose 

signed acknowledgment form has been provided to all other parties prior to any 

disclosure, provided that if a Party objects to disclosure of Protected Material to a 

designated representative, it will notify the designating Party in writing, and the 

Parties agree to promptly confer and attempt in 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) calendar days of the notice, 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.

6. “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” documents, 

information and material may be designated as such if they contain or reflect 

information that is extremely confidential and/or sensitive in nature and the Producing 

Party reasonably believes that the disclosure of such documents, information or 

material is likely to cause economic harm or significant competitive disadvantage to 

the Producing party. “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” 

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 counsel assigned to and reasonably necessary to assist such 

Case 2:23-cv-00617-RWS-RSP Document 34-1 Filed 04/24/24 Page 5 of 24 PageID #: 401
6

counsel in the litigation of this Action;

(c) 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,

3 and (2) before access is given, Paragraph 23 of 

this Order has been satisfied and the consultant or expert has completed the 

Undertaking attached as Appendix A hereto and the signed acknowledgment form 

has been provided to all other parties prior to any disclosure;

(d) 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;

(e) the Court, its technical advisor (if one is appointed), and its personnel;

(f) 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; and 

(g) any person who is identified as an author or recipient, including receipt by copy, of 

the document, information, or material therein, or who otherwise reasonably may 

be expected to have previously seen or had access to the DESIGNATED 

MATERIAL. For a deponent or in any situation where it is unknown whether a 

3 Subject to the Patent Prosecution Bar of Paragraph 21, this statement does not prohibit any outside 

consultants or experts who are retained on behalf of the Party for other litigations or for any proceedings 

before the United States Patent and Trademark Office (“USPTO”), including any Inter Partes Review 

(“IPR”), Post-Grant Review (“PGR”), and Covered Business Method (“CBM”) Review before the Patent 

Trial and Appeal Board (“PTAB”) from acting as an outside consultant or expert in this Action.

Case 2:23-cv-00617-RWS-RSP Document 34-1 Filed 04/24/24 Page 6 of 24 PageID #: 402
7

witness is reasonably expected to have previously seen or had access to the 

DESIGNATED MATERIAL, a party is allowed to ask the witness foundational 

questions and, if the witness’s answers to those foundational questions suggest the 

witness reasonably may have seen or had access to the DESIGNATED 

MATERIAL, provide a copy of such DESIGNATED MATERIAL to the witness 

for further questioning.

Except as allowed by this Order, “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 

ONLY” documents or information shall not be shown to the Receiving Party or to Non-Party 

competitors or employees of the Receiving Party or of any competitors of the Producing Party, 

nor shall such documents or information be disclosed or used in any way that would allow such 

information to become known to the Receiving Party or to a Non-Party competitor or to any 

employee of the Receiving Party or of any competitor of the Producing Party.

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

“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” 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 Non-Party to whom the Party reasonably

believesit owes an obligation of confidentiality with respect to such documents, 

information or material.

8. All documents, information or material produced pursuant to any discovery request in

this Action, including but not limited to documents, information or material designated as 

DESIGNATED MATERIAL, shall be used by the Parties only in the litigation of this

Action, or to the extent otherwise agreed to by the parties and ordered by the Court, and

shall not be used for any other purpose. Any person or entity who obtains access to

Case 2:23-cv-00617-RWS-RSP Document 34-1 Filed 04/24/24 Page 7 of 24 PageID #: 403
8

DESIGNATED MATERIAL or the contents thereof pursuant to this Order shall not make

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

MATERIAL or any portion thereof except as may be reasonably necessary in the litigation

of this Action. Any such copies, duplicates, extracts, summaries or descriptions shall be 

classified DESIGNATED MATERIALS and subject to all of the terms and conditions of

this Order.

9. As used herein, “source code” means human-readable computer instructions, source code, 

object code, or other computer instructions and data definitions expressed in a form suitable 

for input to an assembler, compiler, or other translator, as well as any and all programmer 

notes, annotations, and other comments of any type related thereto and accompanying the 

code, including source files, make files, intermediate output files, executable files, header 

files, resource files, library files, module definition files, map files, object files, linker files, 

browse info files, and debug files. expressed in a form suitable for input to an assembler, 

compiler, or other data processing module in native format. To the extent documents, 

information or material includes computer source code (“Source Code Material”), the 

Producing Party may designate such as “RESTRICTED CONFIDENTIAL SOURCE 

CODE.”

10. For documents, information or 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 stand-alone 

computer(s) may be connected to (i) a printer, or (ii) a device capable of 

temporarily storing electronic copies solely for the limited purposes permitted 

pursuant to paragraphs 10 (h and j) below. Additionally, except as provided in

paragraph 10(h) below, the stand-alone computer(s) may only be located at the

offices of the Producing Party’s outside counsel;

Case 2:23-cv-00617-RWS-RSP Document 34-1 Filed 04/24/24 Page 8 of 24 PageID #: 404
9

(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 8:00 a.m. through 6:00 p.m. However, upon reasonable 

notice from the Receiving Party, the Producing Party shall make reasonable efforts

to accommodate the Receiving Party’s request for access to the 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. During inspection, the Receiving Party shall not be permitted to 

photograph, copy, remove, or otherwise transfer or transmit any portion of the 

source code from the stand-alone computer. The Receiving Party shall be entitled 

to take handwritten notes relating to the source code. Additionally, to enable 

electronic note taking during source code reviews, the Producing Party shall also 

provide an additional “note-taking” computer loaded with at least Microsoft 

OneNote and Microsoft Word software (or an equivalent word processing 

application), unless otherwise agreed by the Producing Party and the Receiving 

Party. The note-taking computer shall either be a portable laptop or located in 

close proximity to the stand-alone computer to facilitate electronic note taking.

i. At the beginning of a source code review session, the Producing Party shall, 

when requested by the Receiving Party, upload to the note-taking computer 

an encrypted notes file (e.g., using an encrypted USB thumb drive from the 

Producing Party).

ii. The reviewer may then decrypt and open the notes file using the notetaking computer for the purpose of taking notes during the source code 

review session. During the source code review session, the Producing 

Party may disable any input and/or output ports and devices on the notetaking computer (e.g., disable any USB ports, Wi-Fi or Ethernet 

connectivity, and/or optical disc drives) except as necessary to enable the 

reviewer to take notes (e.g., enable mouse and keyboard).

iii. At the end of a source code review session, the reviewer may save any 

notes in the same encrypted notes file. The Producing Party shall, when 

requested by the reviewer, download from the note-taking computer the 

encrypted notes file and provide an electronic copy to the reviewer. Such 

notes will be labeled “RESTRICTED CONFIDENTIAL - SOURCE 

CODE.”

iv. If requested by the producing Party, a copy of the encrypted notes file 

shall remain on the note-taking computer, so long as it remains encrypted. 

v. If requested by the Producing Party, a representative for the Producing 

Party may oversee the transfer of the encrypted notes file from the secure 

Case 2:23-cv-00617-RWS-RSP Document 34-1 Filed 04/24/24 Page 9 of 24 PageID #: 405
10

data storage device to the note-taking computer, and vice-versa, without 

reviewing the substance of the electronic notes. 

vi. The reviewer shall not take notes electronically on the stand-alone 

computer itself or any other computer or electronic device (besides the 

note-taking computer) while conducting a review. 

vii. The notes file may include filenames, line numbers, directory names, 

module names, class names, parameter names, variable names, function 

names, method names, and/or procedure names. While the reviewer may 

transcribe source code if needed, the reviewer shall not transcribe more 

than 10 consecutive lines of source code verbatim, and no more than 100 

lines of source code verbatim in total in the notes file. 

viii. The electronic notes taking computer may not be used as a substitute for 

printing code. To the extent the reviewer transcribes any line of code in the 

notes file, that line of code must be included in a source code printout, 

designated for print that same day in accordance with provision (k).

ix. The Receiving Party will not create any other written or electronic record 

of the source code and, other than the devices mentioned above, the 

Receiving Party shall not be permitted to bring electronic devices into the 

room;

(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). Further, to 

facilitate the review of the Source Code Material, the stand-alone computer(s) shall 

be equipped with I/O devices (e.g., mouse, keyboard, dual external display 

monitors, etc.). Further, each stand-alone computer shall be in good working 

condition and have at a minimum an Intel i7 or equivalent computer processor;

(d) The stand-alone computer(s) shall be equipped with software applications and tools 

(e.g., NotePad++, Cygwin64, CutePDF Writer, UltraCompare, etc.) to support the 

inspection of the Source Code Material. Before the inspection of the Source Code 

Material, the Producing Party shall provide to the Receiving Party a directory or 

similar list of all source code files being produced for inspection and identify the 

filename of each such file. The Producing Party will also identify the programming 

languages used in Source Code Material as a whole. The Producing Party shall also

confirm the software applications and toolsthat will be preloaded on the stand-alone

computer(s) for the inspection. Based on such information or as a result of

inspecting the Source Code Material, the Receiving Party may request additional 

software applications and tools to be installed by the Producing Party on the standalone computer(s) to support the inspection of the Source Code Material. Any 

requests for additional applications must be reasonable, and the Receiving Party 

will pay, in advance, for any applications that are not publicly available for 

Case 2:23-cv-00617-RWS-RSP Document 34-1 Filed 04/24/24 Page 10 of 24 PageID #: 406
11

download without cost for a license;

(e) The Producing Party will produce Source Code Material in computer searchable 

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

(f) Access to Protected Material designated RESTRICTED CONFIDENTIAL 

SOURCE CODE shall be limited to (i) outside counsel, provided such outside 

counsel will not be involved in competitive decision-making or patent prosecution 

on behalf of the Receiving Party or a competitor of the Producing Party; (ii) such 

outside counsel’s immediate paralegals and staff; (iii) any copying or clerical 

litigation support services working at the direction of such counsel, paralegals, and 

staff, provided such copying or clerical litigation support services have executed a 

copy of the Undertaking attached as Appendix A; and (iv) up to three (3) outside 

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

affiliate of a Party) retained for the purpose of this litigation 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;

(g) 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;

(h) Except as set forth in paragraph 10(j) below, no electronic copies of Source Code 

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

as necessary to create documents which, pursuant to the Court’s rules, procedures 

and order, must be filed or served electronically;

(i) Presumptively, no more than 700 pages of total Source Code Material produced by 

a Producing Party may be printed. If necessary, the Receiving Party may request 

to print additional pages in excess of the 700 pages, which request the Producing 

Party will not unreasonably deny. No more than 25 consecutive pages of Source 

Code will be printed without the authorization of the Producing Party. Within five

(5) business days of a request for pages, the Producing Party shall either (i) provide 

one copy of unobjected pages to the Receiving Party, all of which shall be 

designated and clearly labeled “RESTRICTED CONFIDENTIAL SOURCE 

CODE,” or (ii) inform the Requesting Party of its objection, if any, that the printed 

portions withheld are excessive and/or not done for a permitted purpose. Counsel 

shall meet and confer within four (4) business days of any such objection. If, after 

Case 2:23-cv-00617-RWS-RSP Document 34-1 Filed 04/24/24 Page 11 of 24 PageID #: 407
12

a lead counsel meet and confer, the Producing Party and the Receiving Party cannot 

resolve the objection, the Producing Party shall be entitled to file a Motion for 

Further Protection with the Court within five (5) business days of the objection to 

resolve whether the printed Source Code Material in question shall be produced. 

Failure to file within this period requires immediate production of the disputed 

material. The burden shall be on the Producing Party to demonstrate that such 

printed portions are more than is reasonably necessary for a permitted purpose.;

(j) 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;

(k) 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. 

TheReceivingPartymayalsotemporarilykeepthe printoutsorphotocopies 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

(l) 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 or removable electronic 

media (e.g., a DVD, CD-ROM, or flash memory “stick”) 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. Source Code Material may only be transported 

electronically for the purpose of Court proceeding(s) or deposition(s) as set forth in 

paragraph 10(j) above and is at all timessubject to the transport restrictionsset forth 

herein. But, for those purposes only, the Source Code Materials may be loaded onto 

a stand-alone computer.

(m)All persons who will review a Producing Party’s Source Code Material on behalf 

of a Receiving Party, including members of a Receiving Party’s outside law firm, 

shall be identified in writing to the Producing Party at least one (1) full business 

day in advance of the first time that such person reviews such Source Code 

Material. Such identification shall be in addition to any other disclosure required 

under this Order. All persons viewing Source Code Material shall sign on each day 

they view Source Code Material a log that will include the names of persons who 

enter the locked room to view the Source Code and when they enter and depart. 

The Producing Party shall be entitled to a copy of the log upon one (1) business 

day’s advance notice to the Receiving Party; and

Case 2:23-cv-00617-RWS-RSP Document 34-1 Filed 04/24/24 Page 12 of 24 PageID #: 408
13

(n) Unless otherwise agreed in advance by the Parties in writing, following each day 

on which inspection is done under this Order, the Receiving Party’s outside 

counsel and/or consultants or experts shall remove all notes, documents, and all 

other materials from the Source Code Material Review Room. The Producing Party 

shall not be responsible for any items left in the room following each inspection 

session, and the Receiving Party shall have no expectation of confidentiality for 

any items left in the room following each inspection session without a prior 

agreement to that effect. Proper identification of all authorized persons shall be 

provided prior to any access to the secure room or the stand-alone computer 

containing Source Code Material. Proper identification requires showing, at a 

minimum, a photo identification card sanctioned by the government of any State 

of the United States, by the government of the United States, or by the nation state 

of the authorized person’s current citizenship. The Receiving Party shall provide 

identification upon the Producing Party’s request. Access to the secure room or the 

Source Code Material Computer may be denied to any individual who fails to 

provide proper identification or the identification does not match the copy of 

personal identification in paragraph (m) above.

11. 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. Pursuant to Federal Rule of 

Evidence 502(d), inadvertent production of materials covered by the attorney-client 

privilege or work-product protection is not a waiver in this or any other federal or state 

proceeding. In case of inadvertent production, at the Producing Party’s request, the 

Receiving Party shall immediately return or destroy the inadvertently produced materials. 

The Producing Party will provide a privilege log to the extent required pursuant to the 

Parties’ Discovery Order.

12. 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.

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

Case 2:23-cv-00617-RWS-RSP Document 34-1 Filed 04/24/24 Page 13 of 24 PageID #: 409
14

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) outside counsel for a Party; (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. DESIGNATEDMATERIAL

shall not be disclosed to any other persons unless prior authorization is obtained from 

counsel representing the Producing Party or from the Court.

14. Parties may, at the deposition or hearing or within thirty (30) calendar days after

receipt of a deposition or hearing transcript, designate the deposition or hearing transcript

or any portion thereof as “CONFIDENTIAL,” “HIGHLY CONFIDENTIAL –

ATTORNEYS’ EYES ONLY,” or “RESTRICTED CONFIDENTIAL SOURCE CODE”

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,

or until receiving the specific line-by-line designations, whichever occurs sooner, the

entire deposition or hearing transcript shall be treated as “HIGHLY CONFIDENTIAL –

ATTORNEYS’ EYES ONLY,” excepting the deponent for purposes of review and 

Case 2:23-cv-00617-RWS-RSP Document 34-1 Filed 04/24/24 Page 14 of 24 PageID #: 410
15

signature of the transcript. For the avoidance of doubt, the receipt of a rough draft of the 

transcript shall not trigger the thirty (30) day window. Once specific line-by-line 

designations are provided by the Designating Party within thirty (30) days of receipt of the 

final transcript, a Receiving Party shall treat the portions of the transcript as so designated 

under the terms set forth herein.

15. Any DESIGNATED MATERIAL that is filed with the Court, including a pretrial filing, 

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

material, shall be filed under seal. The filing party shall be responsible 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. The filing party is responsible for filing 

with the Court a public redacted version within 7 calendar days of the original sealed filing, 

or as otherwise ordered by the Court, and shall confer with counsel for the other party 

regarding any proposed redactions before filing.

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

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

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

the trial of this Action; however, before trial, counsel shall attempt in good faith to reach 

agreement on the handling of DESIGNATED MATERIAL at trial, and shall submit such 

agreement, or proposals if no agreement can be reached, to the Court for consideration.

17. Each outside consultant, expert, or other person, excluding the employees of outside 

counsel or independent litigation support services, to whom DESIGNATED MATERIAL

is disclosed in accordance with the terms of this Order (see Sections 5, 6, and 10 above) 

Case 2:23-cv-00617-RWS-RSP Document 34-1 Filed 04/24/24 Page 15 of 24 PageID #: 411
16

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, understands, has been advised by counsel of 

the terms of, and has agreed to be bound by this Order. A copy of the Undertaking is

attached as Appendix A. Counsel disclosing documents or information subject to the 

Protective Order shall maintain all signed copies of the Undertaking until the conclusion 

of this case, as defined below, and shall be required to provide a copy of any signed 

Undertaking to the producing party upon request.

18. Pursuant to Fed. R. Civ. P. 26(b)(4), the Parties agree that the only materials from the 

parties’ expert witnesses that shall be subject to discovery are the final expert report and 

all materials considered or relied upon in connection with forming the expert’s opinion. 

No other material provided to or created by the expert, including attorney communications 

with the expert and draft reports, shall be subject to discovery unless there is an 

independent basis for its discovery.

19. To the extent that any discovery is taken of Non-Parties and in the event that such NonParties contended the discovery sought involves trade secrets, confidential business

information, or other proprietary information, then such Non-Parties may produce such 

discovery according to this Order.

20. To the extent that discovery or testimony is taken of Non-Parties, the Non-Parties may 

designate as “CONFIDENTIAL,” “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 

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

information or other material, in whole or in part, produced or given by such Non-Parties.

The Non-Parties shall have ten (10) calendar days after production of such documents, 

Case 2:23-cv-00617-RWS-RSP Document 34-1 Filed 04/24/24 Page 16 of 24 PageID #: 412
17

information or other materials to make such a designation. Until that time period lapses or 

untilsuch a designation has beenmade,whichever occurssooner, all documents,information 

or other material so produced or given shall be treated as “HIGHLY CONFIDENTIAL –

ATTORNEYS’ EYES ONLY” in accordance with this Order.

21. Patent Prosecution Bar. Absent the written consent of the Producing Party, any person 

who receives one or more items designated “HIGHLY CONFIDENTIAL –

ATTORNEYS’ EYES ONLY” or “RESTRICTED CONFIDENTIAL SOURCE CODE” 

by the Producing Party shall not thereafter be involved, directly or indirectly, in any of the 

following activities: (i) advising on, consulting on, preparing, prosecuting, drafting, 

editing, supervising, and/or amending of patent applications, specifications, claims, and/or 

responses to office actions, or otherwise affecting the scope of claims in patents or patent 

applications relating to the functionality, operation, and design of any devices, methods, 

or systems pertaining to the field of invention of any Patent in Suit before any foreign or 

domestic agency, including the United States Patent and Trademark Office; and (ii) the 

acquisition of patents (including patent applications), or the rights to any such patents or 

patent applications with the right to sublicense, relating to such devices, methods, or 

systems. These prohibitions are not intended to and shall not preclude counsel from 

participating in reissue, interference proceedings, nullity proceedings, limitation 

proceedings, post-grant proceedings, including but not limited to inter partes reviews, 

post-grant reviews, reexaminations, and any similar or equivalent proceedings in any other 

country, as long as the counsel does not participate in claim amendments. “Supervising” 

refers to directing others how to draft, prosecute, or provide advice regarding the drafting 

or prosecution of any patents or applications in the scope of this Prosecution Bar; merely 

Case 2:23-cv-00617-RWS-RSP Document 34-1 Filed 04/24/24 Page 17 of 24 PageID #: 413
18

having authority to perform prohibited tasks does not amount to “supervising” or being 

“involved” in such tasks for the purposes of this Prosecution Bar. These prohibitions shall 

begin when access to “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” or 

“RESTRICTED CONFIDENTIAL SOURCE CODE” materials are first received by the 

affected individual, and shall end one and a half (1.5) years after the final resolution of 

this action, including 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 or one and a half (1.5) years after the affected individual no 

longer has access to “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” or 

“RESTRICTED CONFIDENTIAL SOURCE CODE” information, whichever is earlier. 

The Parties expressly agree that the prosecution bar set forth herein shall be personal to 

any attorney who receives such “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 

ONLY” or “RESTRICTED CONFIDENTIAL SOURCE CODE” and shall not be imputed 

to any other persons or attorneys at the attorney’s law firm. Nothing herein shall prevent 

any attorney from sending nonconfidential prior art to an attorney involved in patent 

prosecution for purposes of ensuring that such prior art is submitted to the U.S. Patent and 

Trademark Office (or any similar agency of a foreign government) to assist a patent 

applicant in complying with its duty of candor.

22. Notice of Disclosure

(a) Prior to disclosing any Designated Material to any person described in Paragraph 

5(b), or outside consultants or experts described in Paragraphs 6(c) or 10(f), (each 

referenced below as a “Person”), the Receiving Party seeking to disclose such 

information shall provide the Producing Party with written notice that includes:

Case 2:23-cv-00617-RWS-RSP Document 34-1 Filed 04/24/24 Page 18 of 24 PageID #: 414
19

i. The name of the Person;

ii. An up-to-date curriculum vitae of the Person;

iii. The present employer and title of the Person;

iv. an identification of all of the Person’s past and current employment and 

consulting relationships, or entity with or for whom the Person is employed 

or to whom the Person provides consulting services relating to the design, 

development, operation, or patenting of devices, methods, or systems

pertaining to the field of invention of any Patent in Suit, or relating to the 

acquisition of intellectual property assets relating to devices, methods, or 

systems pertaining to the field of invention of any Patent in Suit;

v. a list of the cases in which the Person has testified at deposition or trial 

within the last five (5) years.

(b) Within ten (10) days of receipt of the written notice, the Producing Party must state 

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 as the Parties may agree, seeking a supplemental protective order 

with respect to the proposed disclosure. The objecting Party shall have the burden 

of proving the need for a supplemental protective order. No disclosure shall occur 

until all such objections are resolved by agreement or Court order.

23. This Order shall survive termination of this Action. The Court shall retain jurisdiction after 

Final Determination of this Action to hear and resolve any disputes arising out of this Order.

Case 2:23-cv-00617-RWS-RSP Document 34-1 Filed 04/24/24 Page 19 of 24 PageID #: 415
20

Within thirty (30) calendar days of final termination of this Action, including any 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, 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 Producing Party’s election either be returned to the Producing

Party or be destroyed. The Receiving Parties, including all expert witnesses and other 

persons subject to discovery in this action or who receive a copy of this Order, shall verify

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

Party’s request; provided, however, that outside counsel for a party may retain an archival 

copy of all pleadings, discovery requests, responses, submissions and Court filings, as well 

as a copy of all work product and communications containing DESIGNATED 

MATERIAL. Counsel of record shall certify their compliance with this provision and shall 

deliver such certification to counsel for the designating party no more than sixty (60) 

calendar days after the written request to return or destroy designated materials. No 

witness or party may retain designated information that it received from any Party or NonParty under this Order.

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 

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 

Case 2:23-cv-00617-RWS-RSP Document 34-1 Filed 04/24/24 Page 20 of 24 PageID #: 416
21

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 having raised the question of violation or potential violation with the 

opposing party but having 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. 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.

29. By entering this order and limiting the disclosure of information in this Action, the Court 

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 order who 

becomes subject to a motion to disclose another party’s information designated 

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

Case 2:23-cv-00617-RWS-RSP Document 34-1 Filed 04/24/24 Page 21 of 24 PageID #: 417
22

“RESTRICTED CONFIDENTIAL SOURCE CODE” pursuant to this order shall 

promptly notify that party of the motion so that the party may have an opportunity to 

appear and be heard on whether that information should be disclosed.

Case 2:23-cv-00617-RWS-RSP Document 34-1 Filed 04/24/24 Page 22 of 24 PageID #: 418
1

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

MARSHALL DIVISION

HANSHOW TECHNOLOGY CO., LTD. AND 

SHANGHAI HANSHI INFORMATION 

TECHNOLOGY CO., LTD.

Plaintiffs,

v.

SES-IMAGOTAG SA, SES-IMAGOTAG GMBH 

AND CAPTANA GMBH

Defendants.

)

)

)

)

)

)

)

)

)

)

Case No. 2:23-cv-00617-RWS-RSP

APPENDIX A

UNDERTAKING REGARDING PROTECTIVE ORDER

I, ___________________________________________, declare that:

1. My address is _________________________________________________________. I 

am employed as __________________________ by __________________________.

[INSERT NAME AND ADDRESS].

2. I have received a copy of the Protective Order in the above-captioned action. I have 

carefully read and understand the provisions of the Protective Order.

3. I will strictly 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 or item that is subject to the 

Protective Order and that is disclosed to me. I further understand and acknowledge that 

failure to so comply could expose me to sanctions and punishment in the nature of 

contempt.

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

Case 2:23-cv-00617-RWS-RSP Document 34-1 Filed 04/24/24 Page 23 of 24 PageID #: 419
2

subject to this Protective Order 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 ________________________________________

Printed Name _____________________________________

Date ____________________________________________

Case 2:23-cv-00617-RWS-RSP Document 34-1 Filed 04/24/24 Page 24 of 24 PageID #: 420