Magic Leap, Inc. v. Xu et al, No. 5:2019cv03445 - Document 53 (N.D. Cal. 2020)

Court Description: ORDER GRANTING 51 STIPULATED PROTECTIVE ORDER. Signed by Judge Susan van Keulen on 06/01/2020. (svklc2S, COURT STAFF) (Filed on 6/1/2020)

Download PDF

Magic Leap, Inc. v. Xu et al Doc. 53 Case 5:19-cv-03445-LHK Document 53 Filed 06/01/20 Page 1 of 24 1 2 3 4 5 6 7 8 9 COOLEY LLP MICHAEL G. RHODES (116127) (rhodesmg@cooley.com) 101 California Street 5th Floor San Francisco, CA 94111-5800 Telephone: (415) 693-2000 MARK F. LAMBERT (197410) (mlambert@cooley.com) TIJANA M. BRIEN (286590) (tbrien@cooley.com) JESSIE SIMPSON LAGOY (305257) (jsimpsonlagoy@cooley.com) 3175 Hanover Street Palo Alto, CA 94304 Telephone: (650) 843-5200 Facsimile: (650) 849-7400 10 11 ORRICK, HERRINGTON & SUTCLIFFE LLP JARED BOBROW (133712) (jbobrow@orrick.com) DIANA M. RUTOWSKI (233878) (drutowski@orrick.com) DONNA T. LONG (311250) (dlong@orrick.com) 1000 Marsh Road Menlo Park, CA 94025-1015 Telephone: (650) 614-7685 Facsimile: (650) 614-7400 GEOFFREY G. MOSS (258827) (gmoss@orrick.com) 777 S. Figueroa St., Suite 3200 Los Angeles, CA 90017 Telephone: (213) 629-2020 Attorneys for Defendants CHI XU and HANGZHOU TAIRUO TECHNOLOGY CO. LTD., d/b/a NREAL Attorneys for Plaintiff MAGIC LEAP, INC. 12 13 UNITED STATES DISTRICT COURT 14 NORTHERN DISTRICT OF CALIFORNIA 15 SAN JOSE DIVISION 16 17 MAGIC LEAP, INC., 18 19 20 21 22 Plaintiff, v. CHI XU, an individual; HANGZHOU TAIRUO TECHNOLOGY CO., LTD., d/b/a NREAL, Case No. 5:19-cv-03445-LHK [PROPOSED] STIPULATED PROTECTIVE ORDER FOR LITIGATION INVOLVING HIGHLY SENSITIVE CONFIDENTIAL INFORMATION AND/OR TRADE SECRETS Defendants. 23 24 25 26 27 28 COOLEY LLP ATTORNEYS AT LAW PALO ALTO [PROPOSED] STIPULATED PROTECTIVE ORDER (CASE NO. 5:19-CV-03445-LHK) Dockets.Justia.com Case 5:19-cv-03445-LHK Document 53 Filed 06/01/20 Page 2 of 24 1 Plaintiff Magic Leap, Inc. and Defendants Chi Xu and Hangzhou Tairuo Technology Co., 2 Ltd., d/b/a Nreal (collectively, the “Parties”), by and through their respective counsel, and in 3 accordance with the Court’s May 19, 2020 Order Regarding Discovery Disputes (Dkt. No. 45), 4 hereby stipulate and agree to a protective order (“Stipulated Protective Order” or “Order”) as 5 follows: 6 1. PURPOSES AND LIMITATIONS 7 Disclosure and discovery activities in this action are likely to involve production of 8 confidential, proprietary, or private information for which special protection from public disclosure 9 and from use for any purpose other than prosecuting this litigation may be warranted. Accordingly, 10 the Parties hereby stipulate to and petition the Court to enter the following Stipulated Protective 11 Order. 12 1.1 Protected Material designated under the terms of this Stipulated Protective Order 13 shall be used by a Receiving Party solely for this case, and shall not be used directly or indirectly 14 for any other purpose whatsoever. 15 1.2 The Parties acknowledge that this Order does not confer blanket protections on all 16 disclosures or responses to discovery and that the protection it affords from public disclosure and 17 use extends only to the limited information or items that are entitled to confidential treatment under 18 the applicable legal principles. The Parties further acknowledge, as set forth in Section 14.4, below, 19 that this Stipulated Protective Order does not entitle them to file confidential information under 20 seal; Civil Local Rule 79-5 sets forth the procedures that must be followed and the standards that 21 will be applied when a Party seeks permission from the Court to file material under seal. 22 2. 23 24 25 DEFINITIONS 2.1 Challenging Party: a Party or Non-Party that challenges the designation of information or items under this Order. 2.2 “CONFIDENTIAL” Information or Items: information (regardless of how it is 26 generated, stored, or maintained) or tangible things that qualify for protection under Federal Rule 27 of Civil Procedure 26(c). 28 COOLEY LLP ATTORNEYS AT LAW 2. PALO ALTO [PROPOSED] STIPULATED PROTECTIVE ORDER (CASE NO. 5:19-CV-03445-LHK) Case 5:19-cv-03445-LHK Document 53 Filed 06/01/20 Page 3 of 24 1 2 3 4 5 2.3 Counsel (without qualifier): Outside Counsel of Record (as well as their support 2.4 Designated In-House Counsel: Subject to Section 7.5, In-House Counsel who seek staff). access to Protected Material in this matter. 2.5 Designating Party: a Party or Non-Party that designates information or items that it 6 produces in disclosures or in responses to discovery as “CONFIDENTIAL,” “HIGHLY 7 CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” or “HIGHLY CONFIDENTIAL – SOURCE 8 CODE.” 9 2.6 Disclosure or Discovery Material: all items or information, regardless of the 10 medium or manner in which it is generated, stored, or maintained (including, among other things, 11 testimony, transcripts, and tangible things), that are produced or generated in disclosures or 12 responses to discovery in this matter. 13 2.7 Expert: a person with specialized knowledge or experience in a matter pertinent to 14 the litigation who (1) has been retained by a Party or its Counsel to serve as an expert witness or as 15 a consultant in this action, (2) is not a current employee of a Party or of a Party’s competitor in the 16 field of spatial computing (which encompasses augmented, virtual and hybrid (or mixed) reality 17 technology , and (3) at the time of retention, is not anticipated to become an employee of a Party 18 or of a Party’s competitor in the field of spatial computing (which encompasses augmented, virtual 19 and hybrid (or mixed) reality technology. 20 2.8 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” Information or 21 Items: extremely sensitive “Confidential Information or Items,” disclosure of which to another 22 Party or Non-Party would create a substantial risk of serious harm. 23 2.9 “HIGHLY CONFIDENTIAL – SOURCE CODE” Information or Items: extremely 24 sensitive “Confidential Information or Items” representing computer code and associated 25 comments and revision histories, formulas, engineering specifications, or schematics that define or 26 otherwise describe in detail the algorithms or structure of software or hardware designs, disclosure 27 of which to another Party or Non-Party would create a substantial risk of serious harm. 28 COOLEY LLP ATTORNEYS AT LAW 3. PALO ALTO [PROPOSED] STIPULATED PROTECTIVE ORDER (CASE NO. 5:19-CV-03445-LHK) Case 5:19-cv-03445-LHK Document 53 Filed 06/01/20 Page 4 of 24 1 2 2.10 Counsel does not include Outside Counsel of Record or any other outside counsel. 3 4 In-House Counsel: attorneys who are employees of a Party to this action. In-House 2.11 Non-Party: any natural person, partnership, corporation, association, or other legal entity not named as a Party to this action. 5 2.12 Outside Counsel of Record: attorneys who are not employees of a Party to this action 6 but are retained to represent or advise a Party to this action and have appeared in this action on 7 behalf of that Party or are affiliated with a law firm which has appeared on behalf of that Party. 8 9 2.13 Party: any party to this action, including all of its officers, directors, employees, retired employees who receive a pension, consultants, retained experts, and outside counsel (and 10 their support staff). 11 2.14 12 Producing Party: a Party or Non-Party that produces Disclosure or Discovery Material in this action. 13 2.15 Professional Vendors: persons or entities that provide contract document review or 14 other litigation support services (e.g., photocopying, videotaping, translating, preparing exhibits or 15 demonstrations, and organizing, storing, or retrieving data in any form or medium) and their 16 employees and subcontractors. 17 2.16 Protected Material: any Disclosure or Discovery Material that is designated as 18 “CONFIDENTIAL,” as “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” or as 19 “HIGHLY CONFIDENTIAL – SOURCE CODE.” 20 2.17 Receiving Party: a Party that receives Disclosure or Discovery Material from a 21 Producing Party. 22 3. 23 SCOPE 3.1 The protections conferred by this Stipulated Protective Order cover not only 24 Protected Material (as defined above), but also (1) any information copied or extracted from 25 Protected Material; (2) all copies, excerpts, summaries, or compilations of Protected Material; and 26 (3) any testimony, conversations, or presentations by Parties or their Counsel that might reveal 27 Protected Material. 28 COOLEY LLP ATTORNEYS AT LAW 4. PALO ALTO [PROPOSED] STIPULATED PROTECTIVE ORDER (CASE NO. 5:19-CV-03445-LHK) Case 5:19-cv-03445-LHK Document 53 Filed 06/01/20 Page 5 of 24 1 3.2 2 following information: (a) any information that is in the public domain at the time of disclosure to 3 a Receiving Party or becomes part of the public domain after its disclosure to a Receiving Party as 4 a result of publication not involving a violation of this Order, including becoming part of the public 5 record through trial or otherwise; and (b) any information (i) known to the Receiving Party prior to 6 the disclosure and not governed by any confidentiality agreement between the Designating Party 7 and Receiving Party or (ii) obtained by the Receiving Party after the disclosure from a source who 8 obtained the information lawfully and under no obligation of confidentiality to the Designating 9 Party. Any use of Protected Material at trial shall be governed by a separate agreement or order. 10 3.3 Party’s own disclosure or use of Protected Material that it designated for any purpose, and nothing 12 in this Order shall preclude any Producing Party from showing Protected Material that it designated 13 to an individual who prepared the Protected Material. 3.4 Nothing in this Order shall be construed to prejudice any Party’s right to use any 15 Protected Material in court or in any court filing with the consent of the Producing Party or by order 16 of the Court. 17 4. DURATION 18 Even after final disposition of this litigation, the confidentiality obligations imposed by this 19 Order shall remain in effect until a Designating Party agrees otherwise in writing or a court order 20 otherwise directs. Final disposition shall be deemed to be the later of (1) dismissal of all claims and 21 defenses in this action against all Parties, with or without prejudice; and (2) final judgment herein 22 after the completion and exhaustion of all appeals, rehearings, remands, trials, or reviews of this 23 action, including the time limits for filing any motions or applications for extension of time pursuant 24 to applicable law. 25 5. 26 COOLEY LLP Nothing in this Stipulated Protective Order shall prevent or restrict a Producing 11 14 ATTORNEYS AT LAW The protections conferred by this Stipulated Protective Order do not cover the DESIGNATING PROTECTED MATERIAL 5.1 Exercise of Restraint and Care in Designating Material for Protection. Each Party 27 or Non-Party that designates information or items for protection under this Order must take care to 28 limit any such designation to material that qualifies under the appropriate standards. Mass, 5. PALO ALTO [PROPOSED] STIPULATED PROTECTIVE ORDER (CASE NO. 5:19-CV-03445-LHK) Case 5:19-cv-03445-LHK Document 53 Filed 06/01/20 Page 6 of 24 1 indiscriminate, or routinized designations are prohibited. Designations that are shown to be clearly 2 unjustified or that have been made for an improper purpose (e.g., to unnecessarily encumber or 3 impede the case development process or to impose unnecessary expenses and burdens on other 4 Parties) expose the Designating Party to sanctions. If it comes to a Designating Party’s attention 5 that information or items that it designated for protection do not qualify for protection at all or do 6 not qualify for the level of protection initially asserted, that Designating Party must promptly notify 7 all other Parties that it is withdrawing the mistaken designation. 8 5.2 Timing of Designations. Except as otherwise provided in this Order (see, e.g., 9 second paragraph of Section 5.3(a) below), or as otherwise stipulated or ordered, Disclosure or 10 Discovery Material that qualifies for protection under this Order must be clearly so designated 11 before the material is disclosed or produced. 12 5.3 13 Manner of Designations. Designation in conformity with this Order requires: (a) for information in documentary form (e.g., paper or electronic documents, 14 but excluding transcripts of depositions or other pretrial or trial proceedings), that the Producing 15 Party affix the legend “CONFIDENTIAL,” “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 16 ONLY,” or “HIGHLY CONFIDENTIAL – SOURCE CODE” to each page that contains Protected 17 Material. 18 A Party or Non-Party that makes original documents or materials available for inspection 19 need not designate them for protection until after the inspecting Party has indicated which material 20 it would like copied and produced. During the inspection and before the designation, all of the 21 material made available for inspection shall be deemed “HIGHLY CONFIDENTIAL – 22 ATTORNEYS’ EYES ONLY.” After the inspecting Party has identified the documents it wants 23 copied and produced, the Producing Party must determine which documents, or portions thereof, 24 qualify for protection under this Order. Then, before producing the specified documents, the 25 Producing Party must affix the appropriate legend (“CONFIDENTIAL,” “HIGHLY 26 CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” or “HIGHLY CONFIDENTIAL – SOURCE 27 CODE”) to each page that contains Protected Material. 28 COOLEY LLP ATTORNEYS AT LAW 6. PALO ALTO [PROPOSED] STIPULATED PROTECTIVE ORDER (CASE NO. 5:19-CV-03445-LHK) Case 5:19-cv-03445-LHK Document 53 Filed 06/01/20 Page 7 of 24 1 COOLEY LLP ATTORNEYS AT LAW (b) for testimony given in deposition or in other pretrial or trial proceedings, that 2 the Designating Party identify on the record, before the close of the deposition, hearing, or other 3 proceeding, all protected testimony and specify the level of protection being asserted. When it is 4 impractical to identify separately each portion of testimony that is entitled to protection and it 5 appears that substantial portions of the testimony may qualify for protection, the Designating Party 6 may invoke on the record (before the deposition, hearing, or other proceeding is concluded) a right 7 to have up to 21 days from receipt of the final transcript to identify the specific portions of the 8 testimony as to which protection is sought and to specify the level of protection being asserted. 9 Only those portions of the testimony that are appropriately designated for protection within the 21 10 days from receipt of the final transcript shall be covered by the provisions of this Stipulated 11 Protective Order. Alternatively, a Designating Party may specify, at the deposition or up to 21 days 12 from receipt of the final transcript if that period is properly invoked, that the entire transcript shall 13 be treated as “CONFIDENTIAL,” “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” 14 or HIGHLY CONFIDENTIAL – SOURCE CODE.” 15 Parties shall give the other Parties notice if they reasonably expect a deposition, hearing, or 16 other proceeding to include Protected Material so that the other Parties can ensure that only 17 authorized individuals who have signed the “Acknowledgment and Agreement to Be Bound” 18 (Exhibit A) are present at those proceedings. The use of a document as an exhibit at a deposition 19 shall not in any way affect its designation as “CONFIDENTIAL,” “HIGHLY CONFIDENTIAL – 20 ATTORNEYS’ EYES ONLY,” or “HIGHLY CONFIDENTIAL – SOURCE CODE.” 21 Transcripts containing Protected Material shall have an obvious legend on the title page that 22 the transcript contains Protected Material, and the title page shall be followed by a list of all pages 23 (including line numbers as appropriate) that have been designated as Protected Material and the 24 level of protection being asserted by the Designating Party. The Designating Party shall inform the 25 court reporter of these requirements. Any transcript that is prepared before the expiration of a 21- 26 day period for designation shall be treated during that period as if it had been designated “HIGHLY 27 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” in its entirety unless otherwise agreed. After 28 the expiration of that period, the transcript shall be treated only as actually designated. 7. PALO ALTO [PROPOSED] STIPULATED PROTECTIVE ORDER (CASE NO. 5:19-CV-03445-LHK) Case 5:19-cv-03445-LHK Document 53 Filed 06/01/20 Page 8 of 24 1 (c) 2 and documents shall be designated for protection under this Order by including the confidentiality 3 designation on the placeholder sheet for each file, or shall use any other reasonable method for so 4 designating Protected Materials produced in electronic format. When electronic files or documents 5 are printed for use at deposition, in a court proceeding, or for provision in printed form to an Expert 6 or consultant pre-approved pursuant to Section 7.4, the party printing the electronic files or 7 documents shall affix a legend to the printed document corresponding to the designation of the 8 Designating Party and including the production number and designation associated with the native 9 file; and 10 (d) any other tangible items, that the Producing Party affix in a prominent place on the exterior of the 12 container or containers in which the information or item is stored the legend “CONFIDENTIAL,” 13 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” or “HIGHLY CONFIDENTIAL – 14 SOURCE CODE.” If only a portion or portions of the information or item warrant protection, the 15 Producing Party, to the extent practicable, shall identify the protected portion(s) and specify the 16 level of protection being asserted. 5.4 Inadvertent Failures to Designate. If timely corrected, an inadvertent failure to 18 designate qualified information or items does not, standing alone, waive the Designating Party’s 19 right to secure protection under this Order for such material. Upon timely correction of a 20 designation, the Receiving Party must make reasonable efforts to assure that the material is treated 21 in accordance with the provisions of this Order. 22 6. 23 COOLEY LLP for information produced in some form other than documentary form and for 11 17 ATTORNEYS AT LAW for documents produced electronically in native format, such electronic files CHALLENGING CONFIDENTIALITY DESIGNATIONS 6.1 Timing of Challenges. Any Party or Non-Party may challenge a designation of 24 confidentiality at any time. Unless a prompt challenge to a Designating Party’s confidentiality 25 designation is necessary to avoid foreseeable, substantial unfairness, unnecessary economic 26 burdens, or a significant disruption or delay of the litigation, a Party does not waive its right to 27 challenge a confidentiality designation by electing not to mount a challenge promptly after the 28 original designation is disclosed. 8. PALO ALTO [PROPOSED] STIPULATED PROTECTIVE ORDER (CASE NO. 5:19-CV-03445-LHK) Case 5:19-cv-03445-LHK Document 53 Filed 06/01/20 Page 9 of 24 1 by providing written notice of each designation it is challenging and describing the basis for each 3 challenge. To avoid ambiguity as to whether a challenge has been made, the written notice must 4 recite that the challenge to confidentiality is being made in accordance with this specific Section of 5 the Stipulated Protective Order. The Parties shall attempt to resolve each challenge in good faith 6 and must begin the process by conferring directly (in voice to voice dialogue; other forms of 7 communication are not sufficient) within 25 days of the date of service of notice. In conferring, the 8 Challenging Party must explain the basis for its belief that the confidentiality designation was not 9 proper and must give the Designating Party an opportunity to review the designated material, to 10 reconsider the circumstances, and, if no change in designation is offered, to explain the basis for 11 the chosen designation. A Challenging Party may proceed to the next stage of the challenge process 12 only if it has engaged in this meet and confer process first or establishes that the Designating Party 13 is unwilling to participate in the meet and confer process in a timely manner. 6.3 Judicial Intervention. If the Parties cannot resolve a challenge without court 15 intervention, the Designating Party shall file and serve a motion to retain confidentiality under Civil 16 Local Rule 7 (and in compliance with Civil Local Rule 79-5, if applicable) within 21 days of the 17 initial notice of challenge or within 14 days of the Parties agreeing that the meet and confer process 18 will not resolve their dispute, whichever is earlier. Each such motion must be accompanied by a 19 competent declaration affirming that the movant has complied with the meet and confer 20 requirements imposed in the preceding paragraph. Failure by the Designating Party to make such a 21 motion including the required declaration within 21 days (or 14 days, if applicable) shall 22 automatically waive the confidentiality designation for each challenged designation. In addition, 23 the Challenging Party may file a motion challenging a confidentiality designation at any time if 24 there is good cause for doing so, including a challenge to the designation of a deposition transcript 25 or any portions thereof. Any motion brought pursuant to this provision must be accompanied by a 26 competent declaration affirming that the movant has complied with the meet and confer 27 requirements imposed by the preceding paragraph. 28 COOLEY LLP Meet and Confer. The Challenging Party shall initiate the dispute resolution process 2 14 ATTORNEYS AT LAW 6.2 The burden of persuasion in any such challenge proceeding shall be on the Designating 9. PALO ALTO [PROPOSED] STIPULATED PROTECTIVE ORDER (CASE NO. 5:19-CV-03445-LHK) Case 5:19-cv-03445-LHK Document 53 Filed 06/01/20 Page 10 of 24 1 Party. Frivolous challenges and those made for an improper purpose (e.g., to harass or impose 2 unnecessary expenses and burdens on other Parties) may expose the Challenging Party to sanctions. 3 Unless the Designating Party has waived the confidentiality designation by failing to file a motion 4 to retain confidentiality as described above, all Parties shall continue to afford the material in 5 question the level of protection to which it is entitled under the Producing Party’s designation until 6 the Court rules on the challenge. 7 7. 8 Basic Principles. A Receiving Party may use Protected Material that is disclosed or produced by another Party or by a Non-Party in connection with this case only for prosecuting, 10 defending, or attempting to settle this litigation. Such Protected Material may be disclosed only to 11 the categories of persons and under the conditions described in this Order. When the litigation has 12 been terminated, a Receiving Party must comply with the provisions of Section 15. 13 Protected Material must be stored and maintained by a Receiving Party at a location and 14 in a secure manner that ensures that access is limited to the persons authorized under this Order. 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered 16 by the Court or permitted in writing by the Designating Party, a Receiving Party may disclose any 17 information or item designated “CONFIDENTIAL” only to: 18 (a) the Receiving Party’s Outside Counsel of Record in this action, as well as 19 employees of said Outside Counsel of Record to whom it is reasonably necessary to disclose the 20 information for this litigation; 21 (b) Designated In-House Counsel of the Receiving Party to whom disclosure is 22 reasonably necessary for this litigation and who have signed the “Acknowledgment and Agreement 23 to Be Bound” (Exhibit A); 24 (c) Experts (as defined in this Order) of the Receiving Party to whom disclosure 25 is reasonably necessary for this litigation and who have signed the “Acknowledgment and 26 Agreement to Be Bound” (Exhibit A); 27 28 COOLEY LLP 7.1 9 15 ATTORNEYS AT LAW ACCESS TO AND USE OF PROTECTED MATERIAL (d) 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 Stipulated 10. PALO ALTO [PROPOSED] STIPULATED PROTECTIVE ORDER (CASE NO. 5:19-CV-03445-LHK) Case 5:19-cv-03445-LHK Document 53 Filed 06/01/20 Page 11 of 24 1 Protective Order, and who have signed the “Acknowledgment and Agreement to Be Bound” 2 (Exhibit A); 3 (e) the Court and its personnel; 4 (f) court reporters and their staff, professional jury or trial consultants, and 5 Professional Vendors to whom disclosure is reasonably necessary for this litigation and who have 6 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 7 (g) 8 reasonably necessary and who have signed the “Acknowledgment and Agreement to Be Bound” 9 (Exhibit A), unless otherwise agreed by the Designating Party or ordered by the Court; 10 11 (h) 13 (i) 7.3 any other person with the prior written consent of the Designating Party. Disclosure of “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” and 14 “HIGHLY CONFIDENTIAL – SOURCE CODE” Information or Items. Unless otherwise ordered 15 by the Court or permitted in writing by the Designating Party, a Receiving Party may disclose any 16 information or item designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” or 17 “HIGHLY CONFIDENTIAL – SOURCE CODE” only to: 18 (a) the Receiving Party’s Outside Counsel of Record in this action, as well as 19 employees of said Outside Counsel of Record to whom it is reasonably necessary to disclose the 20 information for this litigation; 21 (b) One Designated In-House Counsel for each Receiving Party, (1) who has no 22 involvement in competitive decision-making, (2) to whom disclosure is reasonably necessary for 23 this litigation, and (3) who has signed the “Acknowledgment and Agreement to Be Bound” (Exhibit 24 A), and (4) as to whom the procedures set forth in paragraph 7.5, below, have been followed. In- 25 House Counsel shall not have access to information designated “HIGHLY CONFIDENTIAL – 26 SOURCE CODE.” 27 28 COOLEY LLP the author or recipient of a document containing the information or a custodian or other person who otherwise possessed or knew the information; and 12 ATTORNEYS AT LAW during their depositions, witnesses in the action to whom disclosure is (c) Experts of the Receiving Party (1) to whom disclosure is reasonably necessary for this litigation, (2) who have signed the “Acknowledgment and Agreement to Be 11. PALO ALTO [PROPOSED] STIPULATED PROTECTIVE ORDER (CASE NO. 5:19-CV-03445-LHK) Case 5:19-cv-03445-LHK Document 53 Filed 06/01/20 Page 12 of 24 1 Bound” (Exhibit A), and (3) as to whom the procedures set forth in Section 7.4(a), below, have 2 been followed; 3 (d) 4 to their agreement to maintain confidentiality to the same degree as required by this Stipulated 5 Protective Order and who has signed the “Acknowledgment and Agreement to Be Bound” (Exhibit 6 A); 7 (e) the Court and its personnel; 8 (f) court reporters and their staff, professional jury or trial consultants, and 9 10 Professional Vendors to whom disclosure is reasonably necessary for this litigation and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 11 12 (g) 14 (h) 7.4 any other person with the prior written consent of the Designating Party. Procedures for Approving or Objecting to Disclosure of “HIGHLY 15 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” or “HIGHLY CONFIDENTIAL – SOURCE 16 CODE” Information or Items to In-Experts. 17 COOLEY LLP the author or recipient of a document containing the information or a custodian or other person who otherwise possessed or knew the information; and 13 ATTORNEYS AT LAW any mediator who is assigned to hear this matter, and his or her staff, subject (a) Unless otherwise ordered by the Court or agreed to in writing by the 18 Designating Party, a Party that seeks to disclose to an Expert (as defined in this Order) any 19 information or item that has been designated “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 20 ONLY” or “HIGHLY CONFIDENTIAL – SOURCE CODE” pursuant to Section 7.3(c) first must 21 make a written request to the Designating Party that (1) identifies the general categories of 22 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” or “HIGHLY CONFIDENTIAL – 23 SOURCE CODE” information that the Receiving Party seeks permission to disclose to the Expert, 24 (2) sets forth the full name of the Expert and the city and state of his or her primary residence, (3) 25 attaches a copy of the Expert’s current resume, and (4) identifies the Expert’s current employer(s), 26 and (5) identifies (by name and number of the case, filing date, and location of court) any litigation 27 in connection with which the Expert has offered expert testimony, including through a declaration, 28 report, or testimony at a deposition or trial, during the preceding five years. 12. PALO ALTO [PROPOSED] STIPULATED PROTECTIVE ORDER (CASE NO. 5:19-CV-03445-LHK) Case 5:19-cv-03445-LHK Document 53 Filed 06/01/20 Page 13 of 24 1 preceding respective paragraphs may disclose the subject Protected Material to the identified 3 Designated or Expert unless, within 7 days of delivering the request, the Party receives a written 4 objection from the Designating Party. Any such objection must set forth in detail the grounds on 5 which it is based. 6 (c) A Party that receives a timely written objection must meet and confer with 7 the Designating Party (through direct voice to voice dialogue) to try to resolve the matter by 8 agreement within seven days of the written objection. If no agreement is reached, the Designating 9 Party may file a motion as provided in Civil Local Rule 7 (and in compliance with Civil Local Rule 10 79-5, if applicable) seeking permission from the Court to do so. Any such motion must describe 11 the circumstances with specificity, set forth in detail the reasons why the disclosure to the 12 Designated In-House Counsel or Expert is reasonably necessary, assess the risk of harm that the 13 disclosure would entail, and suggest any additional means that could be used to reduce that risk. In 14 addition, any such motion must be accompanied by a competent declaration describing the Parties’ 15 efforts to resolve the matter by agreement (i.e., the extent and the content of the meet and confer 16 discussions) and setting forth the reasons advanced by the Designating Party for its refusal to 17 approve the disclosure. 18 In any such proceeding, the Party opposing disclosure to the Designated In-House 19 Counsel or Expert shall bear the burden of proving that the risk of harm that the disclosure would 20 entail (under the safeguards proposed) outweighs the Receiving Party’s need to disclose the 21 Protected Material to its Designated In-House Counsel or Expert. 23 COOLEY LLP A Party that makes a request and provides the information specified in the 2 22 ATTORNEYS AT LAW (b) 7.5 Procedures for Approving or Objecting to Disclosure of Protected Materials to Designated In-House Counsel. 24 (a) Each Party may identify Designated In-House Counsel, as applicable. 25 (b) The ability of Designated In-House Counsel to receive Protected Material 26 will be subject to the advance approval by the Designating Party or by permission of the Court. The 27 Party seeking approval of a proposed Designated In-House Counsel to receive Protected Material 28 must provide the Designating Party with a sworn declaration from the proposed Designated 13. PALO ALTO [PROPOSED] STIPULATED PROTECTIVE ORDER (CASE NO. 5:19-CV-03445-LHK) Case 5:19-cv-03445-LHK Document 53 Filed 06/01/20 Page 14 of 24 1 In-House Counsel setting forth a summary of his or her job responsibilities, and an executed copy 2 of the “Acknowledgment and Agreement to Be Bound” (Exhibit A), in advance of providing any 3 Protected Material of the Designating Party to Designated In-House Counsel. 4 declaration must identify, at minimum, the proposed Designated In-House Counsel’s: 1) title; 2) 5 primary job responsibilities; 3) place within the business’s organization; 4) responsibilities (if any) 6 with respect to U.S. or foreign patent prosecution; 5) responsibilities (if any) with respect to post- 7 grant proceedings, including claim amendments, in any patent office; and 6) responsibilities (if 8 any) related to competitive decision-making (including decisions about pricing, business strategy, 9 strategic investments or acquisitions, or product design or development). 10 (c) the Parties will resolve any objections to Designated In-House Counsel, in accordance with the 12 procedures described in Section 7.4(b) and (c) above. 7.6 Legal Advice Based on Protected Material. Nothing in this Stipulated Protective 14 Order shall be construed to prevent Counsel from advising their clients with respect to this case 15 based in whole or in part upon Protected Materials, provided Counsel does not disclose the 16 Protected Material itself except as provided in this Order. 17 8. 18 COOLEY LLP The Designating Party may object to the Designated In-House Counsel, and 11 13 ATTORNEYS AT LAW The sworn PROSECUTION BAR 8.1 Absent written consent from the Designating Party, a person who is Outside Counsel 19 of Record and who actually receives access to “HIGHLY CONFIDENTIAL – ATTORNEYS’ 20 EYES ONLY” or “HIGHLY CONFIDENTIAL – SOURCE CODE” information shall not be 21 involved in the prosecution of patents or patent applications relating to the fields of spatial 22 computing; augmented, virtual, and hybrid (or mixed) reality technology; and precision optics (the 23 “Barred Fields”) , including without limitation the patents asserted in this action and any patent or 24 application claiming priority to or otherwise related to the patents asserted in this action, before any 25 foreign or domestic agency, including the United States Patent and Trademark Office (“the Patent 26 Office”). For purposes of this paragraph, “prosecution” includes directly or indirectly drafting, 27 amending, advising, or otherwise affecting the scope or maintenance of patent claims. To avoid 28 any doubt, “prosecution” as used in this paragraph does not include representing a party challenging 14. PALO ALTO [PROPOSED] STIPULATED PROTECTIVE ORDER (CASE NO. 5:19-CV-03445-LHK) Case 5:19-cv-03445-LHK Document 53 Filed 06/01/20 Page 15 of 24 1 a patent before a domestic or foreign agency (including, but not limited to, a reissue protest, ex 2 parte reexamination or inter partes reexamination). This Prosecution Bar shall begin when access 3 to “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” or “HIGHLY CONFIDENTIAL 4 – SOURCE CODE” information is first received by the affected individual and shall end one (1) 5 year after final termination of this action. 6 8.2 This Prosecution Bar in Section 8.1 is personal to the person receiving Protected 7 Materials designated as “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” or 8 “HIGHLY CONFIDENTIAL – SOURCE CODE,” as set forth in Section 8.1, and shall not be 9 imputed to any person who did not receive or review such information (including, e.g., other 10 employees or attorneys of the law firm by which the person subject to this Prosecution Bar is 11 employed or otherwise is associated). 12 9. 13 SOURCE CODE 9.1 To the extent production of source code becomes necessary in this case, a Producing 14 Party may designate source code as “HIGHLY CONFIDENTIAL – SOURCE CODE” if it 15 comprises or includes confidential, proprietary, or trade secret source code. 16 9.2 Protected Material designated as “HIGHLY CONFIDENTIAL – SOURCE CODE” 17 shall be subject to all of the protections afforded to “HIGHLY CONFIDENTIAL – ATTORNEYS’ 18 EYES ONLY” information, and may be disclosed only to the individuals to whom “HIGHLY 19 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” information may be disclosed, as set forth in 20 Sections 7.3 and 7.4. 21 9.3 Any source code produced in discovery shall be made available for inspection, in a 22 format allowing it to be reasonably reviewed and searched, during normal business hours or at other 23 mutually agreeable times, at an office of the Producing Party’s Counsel or another mutually agreed 24 upon location. The source code shall be made available for inspection on a secured computer in a 25 secured room without Internet access or network access to other computers, and the Receiving Party 26 shall not copy, remove, or otherwise transfer any portion of the source code onto any recordable 27 media or recordable device. The Producing Party may visually monitor the activities of the 28 COOLEY LLP ATTORNEYS AT LAW 15. PALO ALTO [PROPOSED] STIPULATED PROTECTIVE ORDER (CASE NO. 5:19-CV-03445-LHK) Case 5:19-cv-03445-LHK Document 53 Filed 06/01/20 Page 16 of 24 1 Receiving Party’s representatives during any source code review, but only to ensure that there is 2 no unauthorized recording, copying, or transmission of the source code. 3 COOLEY LLP ATTORNEYS AT LAW 9.4 The Receiving Party may request paper copies of limited portions of source code 4 that are reasonably necessary for the preparation of court filings, pleadings, expert reports, or other 5 papers, or for deposition or trial, but shall not request paper copies for the purposes of reviewing 6 the source code other than electronically as set forth in Section 9.3 in the first instance. The 7 Producing Party shall provide all such source code in paper form including bates numbers, the file 8 location, the file name, and the label “HIGHLY CONFIDENTIAL - SOURCE CODE.” The 9 Producing Party shall provide all such source code within 14 days of the request, or within a 10 mutually agreed time. The Producing Party may challenge the amount of source code requested in 11 hard copy form pursuant to the dispute resolution procedure and timeframes set forth in Section 6 12 whereby the Producing Party is the “Challenging Party” and the Receiving Party is the “Designating 13 Party” for purposes of dispute resolution. 14 The Receiving Party shall maintain a record of any individual who has inspected any portion 15 of the source code in electronic or paper form. The Receiving Party shall maintain all paper copies 16 of any printed portions of the source code in a secured, locked area. The Receiving Party shall not 17 create any electronic or other images of the paper copies and shall not convert any of the 18 information contained in the paper copies into any electronic format. The Receiving Party shall 19 only make additional paper copies if such additional copies are (1) necessary to prepare court 20 filings, pleadings, or other papers (including a testifying expert’s expert report), (2) necessary for 21 deposition, or (3) otherwise necessary for the preparation of its case. Any paper copies used during 22 a deposition shall be retrieved by the Producing Party at the end of each day and must not be given 23 to or left with a court reporter or any other unauthorized individual. 24 10. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED IN 25 OTHER LITIGATION 26 If a Party is served with a subpoena or a court order issued in other litigation that compels 27 disclosure of any information or items designated in this action as “CONFIDENTIAL,” 28 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” or “HIGHLY CONFIDENTIAL 16. PALO ALTO [PROPOSED] STIPULATED PROTECTIVE ORDER (CASE NO. 5:19-CV-03445-LHK) Case 5:19-cv-03445-LHK Document 53 Filed 06/01/20 Page 17 of 24 1 – SOURCE CODE,” that Party must: 2 3 (a) include a copy of the subpoena or court order; 4 (b) issue in the other litigation that some or all of the material covered by the subpoena or order is 6 subject to this Stipulated Protective Order. Such notification shall include a copy of this Stipulated 7 Protective Order; and 9 (c) cooperate with respect to all reasonable procedures sought to be pursued by the Designating Party whose Protected Material may be affected. 10 If the Designating Party timely seeks a protective order, the Party served with the subpoena 11 or court order shall not produce any information designated in this action as “CONFIDENTIAL,” 12 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” or “HIGHLY CONFIDENTIAL – 13 SOURCE CODE” before a determination by the court from which the subpoena or order issued, 14 unless the Party has obtained the Designating Party’s permission. The Designating Party shall bear 15 the burden and expense of seeking protection in that court of its confidential material—and nothing 16 in these provisions should be construed as authorizing or encouraging a Receiving Party in this 17 action to disobey a lawful directive from another court. 18 11. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE PRODUCED IN 19 THIS LITIGATION 20 11.1 The terms of this Order are applicable to information produced by a Non-Party in 21 this action and designated as “CONFIDENTIAL,” “HIGHLY CONFIDENTIAL – ATTORNEYS’ 22 EYES ONLY,” or “HIGHLY CONFIDENTIAL – SOURCE CODE.” Such information produced 23 by Non-Parties in connection with this litigation is protected by the remedies and relief provided 24 by this Order. Nothing in these provisions should be construed as prohibiting a Non-Party from 25 seeking additional protections. 26 COOLEY LLP promptly notify in writing the party who caused the subpoena or order to 5 8 ATTORNEYS AT LAW promptly notify in writing the Designating Party. Such notification shall 11.2 In the event that a Party is required, by a valid discovery request, to produce a Non- 27 Party’s confidential information in its possession, and the Party is subject to an agreement with the 28 Non-Party not to produce the Non-Party’s confidential information, then the Party shall: 17. PALO ALTO [PROPOSED] STIPULATED PROTECTIVE ORDER (CASE NO. 5:19-CV-03445-LHK) Case 5:19-cv-03445-LHK Document 53 Filed 06/01/20 Page 18 of 24 1 2 (a) or all of the information requested is subject to a confidentiality agreement with a Non-Party; 3 (b) Order in this litigation, the relevant discovery request(s), and a reasonably specific description of 5 the information requested; and (c) 7 COOLEY LLP promptly provide the Non-Party with a copy of the Stipulated Protective 4 6 ATTORNEYS AT LAW promptly notify in writing the Requesting Party and the Non-Party that some 11.3 make the information requested available for inspection by the Non-Party. If the Non-Party fails to object or seek a protective order from this Court within 14 8 days of receiving the notice and accompanying information, the Receiving Party may produce the 9 Non-Party’s confidential information responsive to the discovery request. If the Non-Party timely 10 seeks a protective order, the Receiving Party shall not produce any information in its possession or 11 control that is subject to the confidentiality agreement with the Non-Party before a determination 12 by the court. Absent a court order to the contrary, the Non-Party shall bear the burden and expense 13 of seeking protection in this court of its Protected Material. 14 12. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 15 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed Protected 16 Material to any person or in any circumstance not authorized under this Stipulated Protective Order, 17 the Receiving Party must immediately (a) notify in writing the Designating Party of the 18 unauthorized disclosures, (b) use its best efforts to retrieve or destroy all unauthorized copies of the 19 Protected Material, (c) inform the person or persons to whom unauthorized disclosures were made 20 of all the terms of this Order, and (d) request such person or persons to execute the 21 “Acknowledgment and Agreement to Be Bound” that is attached hereto as Exhibit A. 22 13. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 23 PROTECTED MATERIAL 24 When a Producing Party gives notice to Receiving Parties that certain inadvertently 25 produced material is subject to a claim of privilege or other protection, the obligations of the 26 Receiving Parties are those set forth in Federal Rule of Civil Procedure 26(b)(5)(B). This provision 27 is not intended to modify whatever procedure may be established in an e-discovery order that 28 provides for production without prior privilege review. 18. PALO ALTO [PROPOSED] STIPULATED PROTECTIVE ORDER (CASE NO. 5:19-CV-03445-LHK) Case 5:19-cv-03445-LHK Document 53 Filed 06/01/20 Page 19 of 24 1 14. 2 3 14.1 14.2 Right to Assert Other Objections. By stipulating to the entry of this Stipulated 5 Protective Order, no Party waives any right it otherwise would have to object to disclosing or 6 producing any information or item on any ground not addressed in this Stipulated Protective Order. 7 Similarly, no Party waives any right to object on any ground to use in evidence of any of the 8 material covered by this Stipulated Protective Order. 9 14.3 Export Control. Disclosure of Protected Material shall be subject to all applicable 10 laws and regulations relating to the export of technical data contained in such Protected Material, 11 including the release of such technical data to foreign persons or nationals in the United States or 12 elsewhere. The Producing Party shall be responsible for identifying any such controlled technical 13 data, and the Receiving Party shall take measures necessary to ensure compliance. 14 COOLEY LLP Right to Further Relief. Nothing in this Order abridges the right of any person to seek its modification by the Court in the future. 4 ATTORNEYS AT LAW MISCELLANEOUS 14.4 Filing Protected Material. Without written permission from the Designating Party 15 or a court order secured after appropriate notice to all interested persons, a Party may not file in the 16 public record in this action any Protected Material. A Party that seeks to file under seal any 17 Protected Material must comply with Civil Local Rule 79-5. Protected Material may only be filed 18 under seal pursuant to a court order authorizing the sealing of the specific Protected Material at 19 issue. Pursuant to Civil Local Rule 79-5, a sealing order will issue only upon a request establishing 20 that the Protected Material at issue is privileged, protectable as a trade secret, or otherwise entitled 21 to protection under the law. If a Receiving Party's request to file Protected Material under seal 22 pursuant to Civil Local Rule 79-5(e) is denied by the court, then the Receiving Party may file the 23 Protected Material in the public record pursuant to Civil Local Rule 79-5(e)(2) unless otherwise 24 instructed by the Court. 25 15. FINAL DISPOSITION 26 Within 60 days after the final disposition of this action, as defined in Section 4, each 27 Receiving Party must return all Protected Material to the Producing Party or destroy such material. 28 As used in this subdivision, “all Protected Material” includes all copies, abstracts, compilations, 19. PALO ALTO [PROPOSED] STIPULATED PROTECTIVE ORDER (CASE NO. 5:19-CV-03445-LHK) Case 5:19-cv-03445-LHK Document 53 Filed 06/01/20 Page 20 of 24 1 summaries, and any other format reproducing or capturing any of the Protected Material. Whether 2 the Protected Material is returned or destroyed, the Receiving Party must submit a written 3 certification to the Producing Party (and, if not the same person or entity, to the Designating Party) 4 by the 60-day deadline that affirms that the Receiving Party has not retained any copies, abstracts, 5 compilations, summaries or any other format reproducing or capturing any of the Protected 6 Material. Notwithstanding this provision, Counsel are entitled to retain an archival copy of all 7 pleadings; motion papers; trial, deposition, and hearing transcripts; legal memoranda; 8 correspondence; deposition and trial exhibits; expert reports; attorney work product; and consultant 9 and expert work product, even if such materials contain Protected Material. Any such archival 10 copies that contain or constitute Protected Material remain subject to this Stipulated Protective 11 Order as set forth in Section 4 (DURATION). 12 16. RULE 502(D) ORDER 13 Pursuant to Fed. R. Evid. 502(d), the production of a privileged or work-product-protected 14 document, whether inadvertent or otherwise, is not a waiver of privilege or protection from 15 discovery in this case or in any other federal or state proceeding. For example, the mere production 16 of privileged or work-product-protected documents in this case as part of a mass production is not 17 itself a waiver in this case or in any other federal or state proceeding. For the purposes of this Order, 18 the term inadvertent shall be defined as “accidental” or “not on purpose.” 19 20 21 22 23 24 25 26 27 28 COOLEY LLP ATTORNEYS AT LAW 20. PALO ALTO [PROPOSED] STIPULATED PROTECTIVE ORDER (CASE NO. 5:19-CV-03445-LHK) Case 5:19-cv-03445-LHK Document 53 Filed 06/01/20 Page 21 of 24 1 IT IS SO STIPULATED, through Counsel of Record. 2 3 Dated: May 29, 2020 4 5 COOLEY LLP MICHAEL G. RHODES (116127) MARK F. LAMBERT (197410) TIJANA M. BRIEN (286590) JESSIE SIMPSON LAGOY (305257) 6 /s/ Mark F. Lambert Mark F. Lambert (197410) Attorneys for Plaintiff MAGIC LEAP, INC. 7 8 9 10 Dated: May 29, 2020 11 ORRICK, HERRINGTON & SUTCLIFFE LLP JARED BOBROW (133712) DIANA M. RUTOWSKI (233878) 12 13 /s/ Jared Bobrow Jared Bobrow (133712) Attorneys for Defendants CHI XU and HANGZHOU TAIRUO TECHNOLOGY CO. Ltd., d/b/a NREAL 14 15 16 ATTESTATION 17 I attest that, under Civil Local Rule 5-1(i)(3), I have obtained concurrence in the filing of 18 19 20 this document from all Signatories. Dated: 21 22 May 29, 2020 COOLEY LLP MICHAEL G. RHODES (116127) MARK F. LAMBERT (197410) TIJANA M. BRIEN (286590) JESSIE SIMPSON LAGOY (305257) 23 /s/ Mark F. Lambert Mark F. Lambert (197410) Attorneys for Plaintiff MAGIC LEAP, INC. 24 25 26 226436931 27 28 COOLEY LLP ATTORNEYS AT LAW 21. PALO ALTO [PROPOSED] STIPULATED PROTECTIVE ORDER (CASE NO. 5:19-CV-03445-LHK) Case 5:19-cv-03445-LHK Document 53 Filed 06/01/20 Page 22 of 24 1 PURSUANT TO STIPULATION, IT IS SO ORDERED. 2 3 4 Dated: June 1, 2020 ____________________ Honorable Susan van Keulen United States Magistrate Judge 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COOLEY LLP ATTORNEYS AT LAW 22. PALO ALTO [PROPOSED] STIPULATED PROTECTIVE ORDER (CASE NO. 5:19-CV-03445-LHK) Case 5:19-cv-03445-LHK Document 53 Filed 06/01/20 Page 23 of 24 1 2 3 4 5 6 7 8 9 COOLEY LLP MICHAEL G. RHODES (116127) (rhodesmg@cooley.com) 101 California Street 5th Floor San Francisco, CA 94111-5800 Telephone: (415) 693-2000 MARK F. LAMBERT (197410) (mlambert@cooley.com) TIJANA M. BRIEN (286590) (tbrien@cooley.com) JESSIE SIMPSON LAGOY (305257) (jsimpsonlagoy@cooley.com) 3175 Hanover Street Palo Alto, CA 94304 Telephone: (650) 843-5200 Facsimile: (650) 849-7400 10 11 ORRICK, HERRINGTON & SUTCLIFFE LLP JARED BOBROW (133712) (jbobrow@orrick.com) DIANA M. RUTOWSKI (233878) (drutowski@orrick.com) DONNA T. LONG (311250) (dlong@orrick.com) 1000 Marsh Road Menlo Park, CA 94025-1015 Telephone: (650) 614-7685 Facsimile: (650) 614-7400 GEOFFREY G. MOSS (258827) (gmoss@orrick.com) 777 S. Figueroa St., Suite 3200 Los Angeles, CA 90017 Telephone: (213) 629-2020 Attorneys for Defendants CHI XU and HANGZHOU TAIRUO TECHNOLOGY CO. LTD., d/b/a NREAL Attorneys for Plaintiff MAGIC LEAP, INC. 12 13 UNITED STATES DISTRICT COURT 14 NORTHERN DISTRICT OF CALIFORNIA 15 SAN JOSE DIVISION 16 17 MAGIC LEAP, INC., Plaintiff, 18 19 20 21 22 Case No. 5:19-cv-03445-LHK EXHIBIT A TO STIPULATED PROTECTIVE ORDER v. CHI XU, an individual; HANGZHOU TAIRUO TECHNOLOGY CO., LTD., d/b/a NREAL, Defendants. 23 24 25 26 27 28 COOLEY LLP ATTORNEYS AT LAW PALO ALTO EXHIBIT A TO STIPULATED PROTECTIVE ORDER (CASE NO. 5:19-CV-03445-LHK) Case 5:19-cv-03445-LHK Document 53 Filed 06/01/20 Page 24 of 24 1 MAGIC LEAP, INC., 2 3 Case No. 5:19-cv-03445-LHK v. ACKNOWLEDGEMENT AND AGREEMENT TO BE BOUND BY STIPULATED PROTECTIVE ORDER CHI XU and HANGZHOU TAIRUO TECHNOLOGY CO., LTD., d/b/a NREAL. 4 5 6 I, 7 1. , declare as follows: My address is 8 is 9 My present occupation is 10 11 12 . My present employer and the address of my present employment is 2. . . I have received a copy of the Stipulated Protective Order in this action. I have carefully read and understand the provisions of the Stipulated Protective Order. 3. I will comply with all of the provisions of the Stipulated Protective Order. I will 13 hold in confidence, will not disclose to anyone not qualified under the Stipulated Protective Order, 14 and will use only for purposes of this action, any “CONFIDENTIAL,” “HIGHLY 15 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” or “HIGHLY CONFIDENTIAL – SOURCE 16 CODE” material, including the substance and any copy, summary, abstract, excerpt, index, or 17 description of such material, that is disclosed to me. 18 4. I will return all “CONFIDENTIAL,” “HIGHLY CONFIDENTIAL 19 ATTORNEYS’ EYES ONLY” or “HIGHLY CONFIDENTIAL – SOURCE CODE” material that 20 comes into my possession, and all documents and things that I have prepared relating thereto, to 21 counsel for the party by whom I am employed or retained or from whom I received such material, 22 upon their request. 23 24 25 26 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 under the laws of the United States that the foregoing is true and correct. 27 28 COOLEY LLP Date Signature 2. ATTORNEYS AT LAW PALO ALTO – EXHIBIT A TO STIPULATED PROTECTIVE ORDER (CASE NO. 5:19-CV-03445-LHK)

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.