FastVDO LLC v. AT&T Mobility LLC et al, No. 3:2016cv00385 - Document 146 (S.D. Cal. 2016)

Court Description: ORDER Granting Joint 145 Motion for Protective Order as to Qualcomm; Stipulated Protective Order Between Non Party Qualcomm Incorporated, Plaintiff, and All Defendants. Signed by Judge Marilyn L. Huff on 6/28/16. (All non-registered users served via U.S. Mail Service)(dlg)

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FastVDO LLC v. AT&T Mobility LLC et al Doc. 146 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 12 FASTVDO LLC, Plaintiff, 13 14 15 Consolidated Case No.: 16-cv-385-HWVG v. ORDER: AT&T MOBILITY LLC, et al., (1) GRANTING JOINT MOTION FOR PROTECTIVE ORDER AS TO QUALCOMM Defendants. 16 17 [Doc. No. 145.] 18 19 (2) STIPULATED SUPPLEMENTAL PROTECTIVE ORDER BETWEEN NON PARTY QUALCOMM INCORPORATED, PLAINTIFF, AND ALL DEFENDANTS 20 21 22 23 24 25 26 27 28 On June 24, 2016, the parties filed a joint motion for a supplemental protective order as to Qualcomm Inc. (Doc. No. 145.) Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, the Court, for good cause shown grants the joint motion and enters the following protective order: 1 16-cv-385-H-WVG Dockets.Justia.com 1 WHEREAS, Plaintiff FastVDO LLC (“Plaintiff”); Defendants Apple Inc., AT&T 2 Mobility LLC, AT&T Services, Inc., LG Electronics, Inc., LG Electronics U.S.A., Inc., 3 Microsoft Mobile Inc., Huawei Device Co., Ltd., Huawei Technologies USA, Inc., Huawei 4 Technologies, Co., Ltd., Futurewei Technologies, Inc., Huawei Device USA, Inc., ZTE 5 (USA) Inc., Samsung Electronics Co., Ltd., and Samsung Electronics America, Inc. 6 (collectively “Defendants”) (together, hereinafter referred to as “the Parties”), and 7 Qualcomm Incorporated (“QUALCOMM”), a non-party to the actions, may produce 8 confidential source code, schematics, and other documents in this action that include or 9 incorporate 10 INFORMATION belonging to QUALCOMM (“QUALCOMM Confidential Information”); 11 12 CONFIDENTIAL WHEREAS the Parties and Non-Party QUALCOMM have agreed to provisions to protect against misuse or disclosure of such QUALCOMM Confidential Information; 13 WHEREFORE, IT IS HEREBY ORDERED that source code, schematics, or 14 documents that incorporate QUALCOMM Confidential Information produced in 15 connection with the above-captioned matters that are designated as “QUALCOMM – 16 OUTSIDE 17 ATTORNEYS’ EYES ONLY – CONFIDENTIAL SOURCE CODE” shall be subject to 18 the following restrictions: 19 1. 20 ATTORNEYS’ EYES ONLY” and “QUALCOMM – OUTSIDE Definitions 1. “QUALCOMM MATERIAL”: Confidential information (regardless of how 21 generated, stored, or maintained) or tangible things that include or incorporate Non-Party 22 QUALCOMM Confidential Information, that Non-Party QUALCOMM (i) would not 23 normally reveal to third parties except in confidence, or has undertaken with others to 24 maintain in confidence, (ii) believes in good faith is significantly sensitive, or (iii) protected 25 by a right to privacy under federal or state law, or any other applicable privilege or right 26 related to confidentiality or privacy. QUALCOMM MATERIAL includes all information, 27 28 2 16-cv-385-H-WVG 1 documents, source code, schematics, testimony, and things produced, served, or otherwise 2 provided in the actions by any Party or by Non-Party QUALCOMM, that include or 3 incorporate QUALCOMM Confidential Information. 4 2. “QUALCOMM – OUTSIDE ATTORNEYS’ EYES ONLY” material: 5 information, documents, and things that include or incorporate QUALCOMM 6 MATERIAL. 7 3. “Source Code”: includes human-readable programming language text that 8 defines software, firmware, (collectively, “software Source Code”) and integrated circuits 9 (“hardware Source Code”). Text files containing Source Code shall hereinafter be referred 10 to as “Source Code files.” Software Source Code files shall include, but are not limited to, 11 files containing Source Code in “C,” “C++,” BREW, Java ME, J2ME, assembler, digital 12 signal processor (DSP) programming languages, and other human readable text 13 programming languages. Software Source Code files further include “.include files,” 14 “make” files, “link” files, and other human-readable text files used in the generation and/or 15 building of software directly executed on a microprocessor, micro-controller, or DSP. 16 Hardware Source Code files include, but are not limited to, files containing Source Code 17 in VDHL, Verilog, and other Hardware Description Language (“HDL”) formats, including 18 but not limited to, Register Transfer Level (“RTL”) descriptions. 19 20 21 4. “Chip-Level Schematics”: means symbolic representations of analog electric or electronic circuits from which the physical structure of a chip is directly derived. 5. “QUALCOMM – OUTSIDE ATTORNEYS’ EYES ONLY – 22 CONFIDENTIAL SOURCE CODE” Material: QUALCOMM MATERIAL that includes 23 Source Code and Chip-Level Schematics that constitute proprietary technical or 24 commercially sensitive competitive information that Non-Party QUALCOMM maintains 25 as highly confidential in its business, the disclosure of which is likely to cause harm to the 26 competitive position of Non-Party QUALCOMM. This includes Source Code and Chip- 27 28 3 16-cv-385-H-WVG 1 Level Schematics in the Producing Party’s possession, custody, or control, and made 2 available for inspection by the Producing Party. 3 6. “Designated QUALCOMM Material”: material that is designated 4 “QUALCOMM – OUTSIDE ATTORNEYS’ EYES ONLY” or “QUALCOMM – 5 OUTSIDE ATTORNEYS’ EYES ONLY – CONFIDENTIAL SOURCE CODE” under 6 this Supplemental Protective Order. 7 7. “Designated Source Code Material”: material that is designated 8 “QUALCOMM – OUTSIDE ATTORNEYS’ EYES ONLY – CONFIDENTIAL SOURCE 9 CODE” under this Supplemental Protective Order. 10 8. “Personnel Retained by a Receiving Party in the Actions” means any 11 consultants, experts, or outside counsel (including their support staff) that have been and 12 continue to be retained by a Receiving Party in the actions. For the sake of clarity, any 13 person who was retained by a Receiving Party in the actions will no longer fall under this 14 definition if that person ceases to be retained by a Receiving Party in the actions. 15 16 17 18 19 20 21 9. “Party” means any Party to the above-captioned actions, including all of its officers, directors, employees, consultants, retained experts, and all support staff thereof. 10. “Producing Party” means a party or non-party that discloses or produces Designated QUALCOMM Material in the above-captioned actions. 11. “Receiving Party” a Party that receives Designated QUALCOMM Material from a Producing Party in the above-captioned actions. 12. “Authorized Reviewer(s)” shall mean persons authorized to review 22 “QUALCOMM – OUTSIDE ATTORNEYS’ EYES ONLY” and “QUALCOMM – 23 OUTSIDE ATTORNEYS’ EYES ONLY – CONFIDENTIAL SOURCE CODE” material 24 in accordance with this Supplemental Protective Order and the Protective Order. 25 26 13. “Counsel of Record”: (i) Outside Counsel who appears on the pleadings, or has entered an appearance in the actions, as counsel for a Party, and (ii) partners, principals, 27 28 4 16-cv-385-H-WVG 1 counsel, associates, employees, and contract attorneys of such Outside Counsel to whom 2 it is reasonably necessary to disclose the information for the actions, including supporting 3 personnel employed by the attorneys, such as paralegals, legal translators, legal secretaries, 4 legal clerks and shorthand reporters. 5 14. “Outside Consultant”: a person with specialized knowledge or experience in 6 a matter pertinent to the actions who has been retained by Counsel of Record to serve as 7 an expert witness or a litigation consultant in the actions (including any necessary support 8 personnel of such person to whom disclosure is reasonably necessary for the actions), and 9 who is not a current employee of a Party, of a competitor of a Party, or of Non-Party 10 QUALCOMM, and who, at the time of retention, is not anticipated to become an employee 11 of, or a non-litigation consultant of: 1) a Party, 2) a competitor of a Party, 3) a competitor 12 of Non-Party QUALCOMM, or of 4) Non-Party QUALCOMM. 13 15. “Professional Vendors”: persons or entities that provide litigation support 14 services (e.g., photocopying; videotaping; translating; designing and preparing exhibits, 15 graphics, or demonstrations; organizing, storing, retrieving data in any form or medium; 16 etc.) and their employees and subcontractors who have been retained or directed by 17 Counsel of Record in the actions, and who are not current employees of a Party, a 18 competitor of a Party, or of Non-Party QUALCOMM, and who, at the time of retention, 19 are not anticipated to become employees of: 1) a Party, 2) a competitor of a Party, 3) a 20 competitor of Non-Party QUALCOMM, or 4) Non-Party QUALCOMM. This definition 21 includes ESI vendors, and professional jury or trial consultants retained in connection with 22 the actions to assist a Party, Counsel of Record, or any Outside Consultant in their work. 23 Professional vendors do not include consultants who fall within the definition of Outside 24 Consultant. 25 2. 26 Relationship to Protective Order 16. The Parties and Non-Party QUALCOMM recognize that a future Protective 27 28 5 16-cv-385-H-WVG 1 Order will be entered in this action in the United States District Court, Southern District of 2 California. 3 17. This Supplemental Protective Order governs Designated QUALCOMM 4 Material that does not include Party confidential business information, regardless of 5 whether Non-Party QUALCOMM or a Party designates or produces such Designated 6 QUALCOMM Material. 7 18. Designated QUALCOMM Material that also includes Party confidential 8 business information shall be subject to the restrictions of both this Supplemental 9 Protective Order and the future Protective Order. To the extent there is any confusion or 10 conflict between the protective orders, then this Supplemental Protective Order governs. 11 3. 12 Scope 19. The protections conferred by this Supplemental Protective Order cover not 13 only Designated QUALCOMM Material (as defined above), but also any information 14 copied or extracted therefrom, as well as all copies, excerpts, summaries, or compilations 15 thereof. Nothing herein shall alter or change in any way the discovery provisions of the 16 Federal Rules of Civil Procedure or any applicable local rules or General Orders. 17 Identification of any individual pursuant to this Supplemental Protective Order does not 18 make that individual available for deposition, or any other form of discovery outside of the 19 restrictions and procedures of the Federal Rules of Civil Procedure or any applicable rules 20 or General Orders. 21 22 23 20. This Supplemental Protective Order shall not prevent a disclosure to which Non-Party QUALCOMM consents in writing before that disclosure takes place. 21. This Supplemental Protective Order shall apply to all Designated 24 QUALCOMM Material that is produced or provided for inspection in the actions, including 25 all Designated QUALCOMM Material that is in the possession, custody or control of 26 QUALCOMM or any Party in the actions, or that is otherwise relevant to the actions. 27 28 6 16-cv-385-H-WVG 1 2 4. Access to Designated QUALCOMM Material 22. Access to “QUALCOMM – OUTSIDE ATTORNEYS’ EYES ONLY” 3 Material: Unless otherwise ordered by the Court or permitted in writing by Non-Party 4 QUALCOMM, a Receiving Party may disclose any information, document or thing 5 designated “QUALCOMM – OUTSIDE ATTORNEYS’ EYES ONLY” only to: 6 a. Persons who appear on the face of Designated QUALCOMM Material as 7 an author, addressee or recipient thereof, or persons who have been 8 designated under FRCP 30(b)(6) to provide testimony of behalf of a 9 Producing Party or Qualcomm regarding the same; 10 b. Counsel of Record; 11 c. Outside Consultants of the Receiving Party to whom disclosure is 12 reasonably necessary for the actions, and who have, after the date of this 13 Supplemental Protective Order, signed the “Acknowledgement And 14 Agreement To Be Bound By Supplemental Protective Order Governing 15 Confidential Information of Non-Party Qualcomm In This Case” attached 16 hereto as Exhibit A, and the “Certification Of Consultant Re Supplemental 17 Protective Order Governing Confidential Information of Non-Party 18 Qualcomm In This Case,” attached hereto as Exhibit B; 19 d. Any designated arbitrator or mediator who is assigned to hear this matter, 20 or who has been selected by the Parties, and his or her staff; who have, 21 after the date of this Supplemental Protective Order, signed the 22 “Acknowledgement And Agreement To Be Bound By Supplemental 23 Protective Order Governing Confidential Information of Non-Party 24 Qualcomm In This Case” attached hereto as Exhibit A, and the 25 “Certification Of Consultant Re Supplemental Protective Order Governing 26 Confidential Information of Non-Party Qualcomm In This Case,” attached 27 28 7 16-cv-385-H-WVG 1 hereto as Exhibit B, as well as any arbitrator’s or mediator’s staff who have 2 also signed Exhibits A and B; 3 e. Court reporters and videographers employed in connection with the 4 actions; 5 f. Professional Vendors to whom disclosure is reasonably necessary for the 6 actions, and a representative of which has signed the “Acknowledgement 7 And Agreement To Be Bound By Supplemental Protective Order 8 Governing Confidential Information of Non-Party Qualcomm In This 9 Case” attached hereto as Exhibit A, subject to the following exception: 10 Designated QUALCOMM Material shall not be disclosed to mock jurors 11 without Non-Party QUALCOMM’s express written consent; and 12 13 g. The Court and its personnel. 23. Access to “QUALCOMM – OUTSIDE ATTORNEYS’ EYES ONLY – 14 CONFIDENTIAL SOURCE CODE” Material: Unless otherwise ordered by the Court or 15 permitted in writing by Non-Party QUALCOMM, a Receiving Party may disclose any 16 information, document, or thing designated “QUALCOMM – OUTSIDE ATTORNEYS’ 17 EYES ONLY – CONFIDENTIAL SOURCE CODE” only to: 18 a. Persons who appear on the face of Designated QUALCOMM Material as 19 an author, addressee or recipient thereof, or persons who have been 20 designated under FRCP 30(b)(6) to provide testimony of behalf of a 21 Producing Party or Qualcomm regarding the same; 22 b. Counsel of Record; 23 c. Outside Consultants of the Receiving Party to whom disclosure is 24 reasonably necessary for the actions, and who have, after the date of this 25 Supplemental Protective Order, signed the “Acknowledgement And 26 Agreement To Be Bound By Supplemental Protective Order Governing 27 28 8 16-cv-385-H-WVG 1 Confidential Information of Non-Party Qualcomm In This Case” attached 2 hereto as Exhibit A, and the “Certification Of Consultant Re Supplemental 3 Protective Order Governing Confidential Information of Non-Party 4 Qualcomm In This Case,” attached hereto as Exhibit B; 5 d. Any designated arbitrator or mediator who is assigned to hear this matter, 6 or who has been selected by the Parties, and his or her staff; who have, 7 after the date of this Supplemental Protective Order, signed the 8 “Acknowledgement And Agreement To Be Bound By Supplemental 9 Protective Order Governing Confidential Information of Non-Party 10 Qualcomm In This Case” attached hereto as Exhibit A, and the 11 “Certification Of Consultant Re Supplemental Protective Order Governing 12 Confidential Information of Non-Party Qualcomm In This Case,” attached 13 hereto as Exhibit B, as well as any arbitrator’s or mediator’s staff who have 14 also signed Exhibits A and B, provided, however, that before such 15 disclosure, QUALCOMM is provided notice including: (a) the 16 individual’s name and business title; (b) business address; (c) business or 17 professions; and (d) the individual’s CV. QUALCOMM shall have five 18 (5) business days from receipt of the notice to object in writing to such 19 disclosure (plus three (3) extra days if notice is given other than by hand 20 delivery, e-mail delivery or facsimile transmission). After the expiration 21 of the 5 business days (plus 3 days, if appropriate) period, if no objection 22 has been asserted, then “QUALCOMM – OUTSIDE ATTORNEYS’ 23 EYES ONLY – CONFIDENTIAL SOURCE CODE” materials may be 24 disclosed pursuant to the terms of this Supplemental Protective Order; 25 e. Court reporters and videographers employed in connection with the 26 actions, subject to the provisions provided in subparagraph 33(g) herein; 27 28 9 16-cv-385-H-WVG 1 f. Professional Vendors to whom disclosure is reasonably necessary for the 2 actions, and a representative of which has signed the “Acknowledgement 3 And Agreement To Be Bound By Supplemental Protective Order 4 Governing Confidential Information of Non-Party Qualcomm In This 5 Case” attached hereto as Exhibit A, subject to the following exception: 6 Designated QUALCOMM Material shall not be disclosed to mock jurors 7 without Non-Party QUALCOMM’s express written consent; and 8 g. The Court and its personnel. 9 24. Notwithstanding the Protective Order, unless otherwise ordered or agreed in 10 writing by Non-Party QUALCOMM, Designated QUALCOMM Material may not be 11 disclosed to employees of a Receiving Party, including its in-house attorneys and support 12 staff. 13 25. Notwithstanding the Protective Order, unless otherwise ordered or agreed in 14 writing by Non-Party QUALCOMM, Designated QUALCOMM Material may not be 15 disclosed to mock jurors. 16 26. Notwithstanding the Protective Order, unless otherwise ordered or agreed in 17 writing by Producing Party, Designated QUALCOMM Material may not be disclosed to 18 any in-house counsel for the Receiving Party. 19 27. The Parties acknowledge that Designated QUALCOMM Material also may 20 be subject to the US government export control and economic sanctions laws, including 21 the 22 http://www.bis.doc.gov/ ) administered by the Department of Commerce, Bureau of 23 Industry and Security, and the Foreign Asset Control Regulations (31 CFR 500 et seq., 24 http://www.treas.gov/offices/enforcement/ofac/) administered by the Department of 25 Treasury, Office of Foreign Assets Control (“OFAC”). Receiving Parties may not directly 26 or indirectly export, re-export, transfer or release (collectively, “Export”) any Designated Export Administration Regulations (“EAR”, 15 CFR 730 et seq., 27 28 10 16-cv-385-H-WVG 1 QUALCOMM Material to any destination, person, entity or end use prohibited or restricted 2 under US law without prior US government authorization to the extent required by 3 regulation. The US government maintains embargoes and sanctions against the countries 4 listed in Country Groups E:1/2 of the EAR (Supplement 1 to part 740), currently Cuba, 5 Iran, Libya, North Korea, North Sudan, and Syria but any amendments to these lists shall 6 apply. 7 28. Receiving Party may host “QUALCOMM – OUTSIDE ATTORNEYS’ 8 EYES ONLY” Material only on either 1) any system inside the firewall of a law firm 9 representing the Receiving Party, or 2) inside the system of a professional ESI Vendor 10 retained by Counsel of Record of the Receiving Party. “QUALCOMM – OUTSIDE 11 ATTORNEYS’ EYES ONLY” Material also cannot be sent or transmitted to any person, 12 location, or vendor outside of the United States except to Counsel of Record and Outside 13 Consultants designated pursuant to subparagraphs 22(c) and 23(c) above. To the extent 14 that any “QUALCOMM – OUTSIDE ATTORNEYS’ EYES ONLY” Material is 15 transmitted from or to authorized recipients outside of the Receiving Party’s Outside 16 Counsel’s office, or outside of the ESI Vendor’s system, the transmission shall be by hand 17 (and encrypted if in electronic format), by a secure transport carrier (e.g., Federal Express), 18 or by encrypted electronic means. “QUALCOMM – OUTSIDE ATTORNEYS’ EYES 19 ONLY – CONFIDENTIAL SOURCE CODE” may not be transmitted by electronic means. 20 29. Each person to whom Designated QUALCOMM Material may be disclosed, 21 and who is required to sign the “Acknowledgement And Agreement To Be Bound By 22 Supplemental Protective Order Governing Confidential Information of Non-Party 23 Qualcomm In This Case” attached hereto as Exhibit A and, if applicable, the “Certification 24 Of Consultant Re Supplemental Protective Order Governing Confidential Information of 25 Non-Party Qualcomm In This Case,” attached hereto as Exhibit B, shall do so, prior to the 26 time such Designated QUALCOMM Material is disclosed to him or her. Counsel for the 27 28 11 16-cv-385-H-WVG 1 Receiving Party who makes any disclosure of Designated QUALCOMM Material shall 2 retain each original executed certificate and, upon written request, shall provide copies to 3 counsel for Non-Party QUALCOMM at the termination of the actions. 4 30. Absent written permission from Non-Party QUALCOMM, persons not 5 permitted access to Designated QUALCOMM Material under the terms of this 6 Supplemental Protective Order shall not be present at depositions while Designated 7 QUALCOMM Material is discussed or otherwise disclosed. Pre-trial and trial proceedings 8 shall be conducted in a manner, subject to the supervision of the Court, to protect 9 Designated QUALCOMM Material from disclosure to persons not authorized to have 10 access to such Designated QUALCOMM Material. Any Party intending to disclose or 11 discuss Designated QUALCOMM Material at pretrial or trial proceedings must give 12 advance notice to the Producing Party to assure the implementation of the terms of this 13 Supplemental Protective Order. 14 5. 15 Access By Outside Consultants 31. Notice. If a Receiving Party wishes to disclose Designated QUALCOMM 16 Material to any Outside Consultant, Receiving Party must, prior to the Outside Consultant 17 being granted access to any Designated QUALCOMM Material, provide notice to counsel 18 for Non-Party QUALCOMM, which notice shall include: (a) the individual’s name and 19 business title; (b) business address; (c) business or profession; (d) the individual’s CV; (e) 20 any previous or current relationship (personal or professional) with Non-Party 21 QUALCOMM or any of the Parties to this action; (f) a list of other cases in which the 22 individual has testified (at trial or deposition) within the last six years; (g) a list of all 23 companies with which the individual has consulted or by which the individual has been 24 employed within the last four years, the dates of the consultancy or employment, a brief 25 description of the subject matter of the consultancy or employment, and copies of the 26 “Acknowledgement and Agreement To Be Bound By Supplemental Protective Order 27 28 12 16-cv-385-H-WVG 1 Governing Confidential Information of Non-Party Qualcomm In This Case,” attached as 2 Exhibit A, and the “Certification Of Consultant Re Supplemental Protective Order 3 Governing Confidential Information of Non-Party Qualcomm In This Case,” attached 4 hereto as Exhibit B, that have both been signed by that Outside Consultant. 5 32. Objections. With respect to Outside Consultants that have not been 6 previously disclosed to Non-Party QUALCOMM, Non-Party QUALCOMM shall have 7 five (5) business days, starting from the first business day following the date upon which 8 Receiving Party provides the notice and all information required by paragraph 31 to the 9 Producing Party, to object for good cause in writing to such disclosure (plus three (3) extra 10 days if notice is given in any manner other than by hand delivery, e-mail delivery or 11 facsimile transmission). After the expiration of the 5 business days (plus 3-days, if 12 appropriate) period, if no objection for good cause has been asserted by Non-Party 13 QUALCOMM, then Designated QUALCOMM Material may be disclosed to the Outside 14 Consultant pursuant to the terms of this Supplemental Protective Order. Any objection by 15 Non-Party QUALCOMM must be made for good cause, and must set forth in detail the 16 grounds on which it is based. Should Receiving Party disagree with the basis for the 17 objection(s), Receiving Party must first attempt to resolve the objection(s) informally with 18 Non-Party QUALCOMM. If the informal efforts do not resolve the dispute within five (5) 19 business days from the date upon which Receiving Party was first notified of any objection 20 for good cause by Non-Party QUALCOMM, Receiving Party may file a motion requesting 21 that the objection(s) be quashed after that five (5) day period has passed. Non-Party 22 Qualcomm shall have the burden of proof by a preponderance of the evidence on the issue 23 of the sufficiency of the objection(s). Pending a ruling by the Court upon any such 24 objection(s), or the subsequent resolution of the objection for good cause by Receiving 25 Party and Non-Party QUALCOMM, the discovery material shall not be disclosed to the 26 person objected to by Non-Party QUALCOMM. 27 28 13 16-cv-385-H-WVG 1 6. 2 – CONFIDENTIAL SOURCE CODE MATERIAL 3 PRODUCTION OF QUALCOMM – OUTSIDE ATTORNEYS’ EYES ONLY 33. Non-Party QUALCOMM’s Source Code and Chip-Level Schematics: 4 a. To the extent that a Producing Party makes Non-Party QUALCOMM’s 5 Source Code or Chip-Level Schematics available for inspection: 6 (i) The Producing Party shall make all relevant and properly requested 7 Non-Party QUALCOMM Source Code available electronically and in text 8 searchable form (1) if produced by Non-Party QUALCOMM, in a separate 9 room at a secure facility selected by Non-Party QUALCOMM or (2) if 10 produced by Defendants, at the offices of Counsel of Record for the 11 producing Defendant or at a secure facility approved by QUALCOMM. 12 The Producing Party shall make the Source Code available for inspection 13 on a stand-alone, non-networked personal computer running a reasonably 14 current version of the Microsoft Windows or Apple Macintosh OS X 15 operating system (“Source Code Computer”). Alternatively, solely at the 16 option of the Producing Party, the Producing Party may make such source 17 code available on a Source Code Computer that is networked, in a 18 configuration deemed secure by Non-Party QUALCOMM. The Source 19 Code Computer shall be configured to permit review of the Source Code 20 through a password-protected account having read-only access. 21 facilitate review of the Source Code at the secure facility, the Receiving 22 Party may use appropriate tool software on the Source Code Computer, 23 which shall be installed by the Producing Party, including at least one text 24 editor like Visual Slick Edit that is capable of printing out Source Code 25 with page and/or line numbers, a source code comparison tool like Araxis 26 Merge, and at least one multi-text file text search tool such as “grep.” To 27 28 14 16-cv-385-H-WVG 1 Should it be necessary, other mutually agreed upon tools may be used. 2 Licensed copies of other mutually agreed upon tool software shall be 3 installed on the Source Code Computer by the Producing Party and paid 4 for 5 (ii) The Producing Party shall make all relevant and properly requested 6 Chip-Level Schematics available for inspection electronically on the 7 Source Code Computer in a secure room at a secure facility selected by 8 Non-Party QUALCOMM. The Producing Party shall ensure that the 9 Source Code Computer includes software sufficient to allow a user to view 10 11 12 by the Receiving Party. such electronic Chip-Level Schematics. b. The Producing Party shall provide access to the Source Code Computer during the normal operating hours of the secure facility. 13 c. The Source Code Computer shall be equipped to allow printing of the 14 Source Code and Chip-Level Schematics made available for inspection by 15 the Producing Party. Copies of Source Code and Chip-Level Schematics 16 shall only be made on watermarked pre-Bates numbered paper, which shall 17 be provided by the Producing Party. Under no circumstances are original 18 printouts of the Source Code or Chip-Level Schematics to be made except 19 for directly onto the watermarked and numbered sides of the paper 20 provided by the Producing Party. Additionally, the Receiving Party may 21 not print any continuous block of source code that results in more than 50 22 consecutive printed pages, except that Authorized Reviewer(s) may 23 request the printing of a continuous block of more than 50 pages, which 24 request shall not be unreasonably denied by the Producing Party. Counsel 25 for the Producing Party will keep the original printouts, and shall provide 26 copies of such original printouts to counsel for the Receiving Party within 27 28 15 16-cv-385-H-WVG 1 four (4) business days of (1) any request by the Receiving Party, or (2) 2 otherwise being notified that such original printouts have been made or 3 designated. Counsel of Record for the Receiving Party may request up to 4 10 copies of each original printout of Source Code or Chip-Level 5 Schematics. No more than 10% or 500 pages of the total Source Code (not 6 including copies of original printouts) whichever is greater, for any 7 software release (or in the case of hardware Source Code, for any hardware 8 product), no more than 500 pages of Chip-Level Schematics, and no 9 continuous blocks of Source Code or Chip-Level Schematics that exceed 10 50 pages, may be in printed form at any one time, without the express 11 written consent of Non-Party QUALCOMM, which shall not be 12 unreasonably denied. All printed Source Code and Chip-Level Schematics 13 shall be logged by Receiving Party’s Counsel of Record and/or other 14 Personnel Retained by a Receiving Party in this action as noted in 15 subparagraph 33 (i) below. No additional electronic copies of the Source 16 Code or Chip-Level Schematics shall be provided by the Producing Party. 17 Hard copies of the Source Code or Chip-Level Schematics also may not be 18 converted into an electronic document, and may not be scanned using 19 optical character recognition (“OCR”) technology. Only printouts of 20 Source Code and Chip-Level Schematics may be made, and such printouts 21 must include (1) directory path information and filenames from which the 22 Source Code and Chip-Level Schematics came and (2) line numbers. The 23 Producing Party may refuse to provide copies of Source Code and Chip- 24 Level Schematics printouts that fail to comply with this section. 25 d. Authorized Reviewer(s) in this action shall not print Source Code or Chip- 26 Level Schematics which have not been reviewed on the Source Code 27 28 16 16-cv-385-H-WVG 1 Computer, or in order to review the Source Code or Chip-Level 2 Schematics elsewhere in the first instance, i.e., as an alternative to 3 reviewing that Source Code or Chip-Level Schematics electronically on 4 the Source Code Computer, as the Parties and QUALCOMM acknowledge 5 and agree that the purpose of the protections herein would be frustrated by 6 such actions. 7 e. Authorized Reviewer(s) are prohibited from bringing outside electronic 8 devices, including but not limited to laptops, floppy drives, zip drives, or 9 other hardware into the secure room. Nor shall any cellular telephones, 10 personal digital assistants (PDAs), Blackberries, cameras, voice recorders, 11 Dictaphones, external or portable telephone jacks or other outside 12 electronic devices be permitted inside the secure room, except for medical 13 devices, implants, or equipment reasonably necessary for any legitimate 14 medical reason. 15 f. If any Authorized Reviewer(s) reviewing Non-Party QUALCOMM’s 16 Source Code or Chip-Level Schematics seeks to take notes, all such notes 17 will be taken on bound (spiral or other type of permanently bound) 18 notebooks. No loose paper or other paper that can be used in a printer may 19 be brought into the secure room. 20 g. In the event copies of Source Code or Chip-Level Schematic printouts are 21 used as exhibits in a deposition, additional copies may be made for the 22 witness and outside counsel for the parties. The printouts shall not be 23 provided to the court reporter, except that the one copy for the witness 24 which will be used as an exhibit can be provided to the court reporter for 25 the purpose of marking the exhibit, and the further copies of the original 26 QUALCOMM Source Code or Chip-Level Schematics printouts made for 27 28 17 16-cv-385-H-WVG 1 the deposition or trial shall be destroyed at the conclusion of the deposition 2 or trial. 3 “QUALCOMM 4 CONFIDENTIAL SOURCE CODE” will be maintained by the deposing 5 party under the terms set forth in this Supplemental Protective Order. 6 h. In addition to other reasonable steps to maintain the security and 7 confidentiality of Non-Party QUALCOMM’s Source Code and Chip- 8 Level Schematics, printed copies of the Designated Source Code Material 9 maintained by the Receiving Party must be kept in a locked storage 10 container when not being actively reviewed or otherwise being transferred 11 as permitted by the Protective Order and/or this Supplemental Protective 12 Order. The original copies of deposition exhibits designated – OUTSIDE ATTORNEYS’ EYES ONLY – 13 i. The Receiving Party’s Counsel of Record shall keep log(s) recording the 14 identity of each individual beyond Counsel of Record to whom each hard 15 copy of each Producing Party’s QUALCOMM Source Code or Chip-Level 16 Schematics is provided and when it was provided to that person in the first 17 instance, and within thirty (30) days after the issuance of a final, non- 18 appealable decision resolving all issues in the actions, the Receiving Party 19 must serve upon Non-Party QUALCOMM the log. In addition, any 20 Outside Consultants of the Receiving Party to whom the paper copies of 21 the QUALCOMM Source Code or Chip-Level Schematics were provided 22 must certify in writing that all copies of the QUALCOMM Source Code 23 or Chip-Level Schematics were destroyed or returned to the counsel who 24 provided them the information and that they will make no use of the Source 25 Code or Chip-Level Schematics, or of any knowledge gained from the 26 source code in any future endeavor. 27 28 18 16-cv-385-H-WVG 1 2 7. Procedure for Designating Materials 34. Subject to the limitations set forth in the Protective Order and in this 3 Supplemental Protective Order, any Party or Non-Party QUALCOMM may: designate as 4 “QUALCOMM – OUTSIDE ATTORNEYS’ EYES ONLY” or information that it 5 believes, in good faith, meets the definition set forth in paragraph 2 above; and designate 6 as “QUALCOMM – OUTSIDE ATTORNEYS’ EYES ONLY – CONFIDENTIAL 7 SOURCE CODE” information that it believes, in good faith, meets the definition set forth 8 in paragraph 5 above. 9 35. Except as provided above in paragraph 33 with respect to “QUALCOMM – 10 OUTSIDE ATTORNEYS’ EYES ONLY – CONFIDENTIAL SOURCE CODE” Material, 11 any material, including (including physical objects) made available by Non-Party 12 QUALCOMM for initial inspection by counsel for the Receiving Party prior to producing 13 copies of selected items shall initially be considered, as a whole, to constitute 14 “QUALCOMM – OUTSIDE ATTORNEYS’ EYES ONLY” information, and shall be 15 subject to this Order. Thereafter, Non-Party QUALCOMM shall have seven (7) calendar 16 days from the inspection to review and designate the appropriate documents as 17 “QUALCOMM – OUTSIDE ATTORNEYS’ EYES ONLY” prior to furnishing copies to 18 the Receiving Party. 19 20 36. Designation in conformity with the Protective Order and this Supplemental Protective Order shall be made as follows: 21 a. For information in documentary (including “electronically stored 22 information”) form (apart from transcripts of depositions or other pretrial 23 or trial proceedings): 24 “QUALCOMM – OUTSIDE ATTORNEYS’ EYES ONLY” or 25 “QUALCOMM 26 CONFIDENTIAL SOURCE CODE” conspicuously on each page that – the Designating Party shall affix the legend OUTSIDE ATTORNEYS’ EYES ONLY – 27 28 19 16-cv-385-H-WVG 1 contains Protected Material. 2 A party or non-party that makes original documents or materials 3 available for inspection need not designate them for protection until after 4 the Receiving Party has indicated which material it would like copied or 5 produced. Before and during the inspection, all material made available 6 for 7 ATTORNEYS’ EYES ONLY.” After the Receiving Party has identified 8 the documents it wants copied and produced, the Producing Party must 9 determine which documents, or portions thereof, qualify for protection 10 under this Order and, before producing the specified documents, the 11 Producing Party must affix the appropriate legend to each page that 12 contains Designated QUALCOMM Material. 13 inspection shall be deemed b. For Testimony Given in Deposition: “QUALCOMM – OUTSIDE For deposition transcripts, the 14 Designating Party shall specify any portions of the testimony that it wishes 15 to designate, by line and page number, no later than 20 business days after 16 the final transcript of the deposition has been received. The Party or Non- 17 Party may identify the entirety of the transcript as “QUALCOMM – 18 OUTSIDE ATTORNEYS’ EYES ONLY” or “QUALCOMM – 19 OUTSIDE ATTORNEYS’ EYES ONLY – CONFIDENTIAL SOURCE 20 CODE,” but all deposition transcripts not designated during the deposition 21 will 22 ATTORNEYS’ EYES ONLY” or “QUALCOMM – OUTSIDE 23 ATTORNEYS’ EYES ONLY – CONFIDENTIAL SOURCE CODE,” 24 until the time within which it may be appropriately designated as provided 25 for herein has passed. Any Protected Material that is used in the taking of 26 a deposition shall remain subject to the provisions of this Supplemental nonetheless be treated as “QUALCOMM – OUTSIDE 27 28 20 16-cv-385-H-WVG 1 Protective Order and the Protective Order in the actions, along with the 2 transcript pages of the deposition testimony dealing with such Protected 3 Material. In such cases the court reporter shall be informed of this 4 Supplemental Protective Order and shall be required to operate in a manner 5 consistent with this Supplemental Protective Order. Transcript pages 6 containing Designated Material must be separately bound by the court 7 reporter, who must affix to the top of each such page the legend 8 “QUALCOMM – OUTSIDE ATTORNEYS’ EYES ONLY” and/or 9 “QUALCOMM – OUTSIDE ATTORNEYS’ EYES ONLY – 10 CONFIDENTIAL SOURCE CODE.” An encrypted, password protected 11 copy of deposition transcripts containing Designated Qualcomm Material 12 made pursuant to this paragraph may be hosted electronically by the 13 Receiving Party on any system inside the firewall of a law firm 14 representing the Receiving Party, however, all other restrictions in this 15 Supplemental Protective Order pertaining to Designated Source Code 16 Material apply. In the event the deposition is videotaped, the original and 17 all copies of the videotape shall be marked by the video technician to 18 indicate that the contents of the videotape are subject to this Supplemental 19 Protective Order and the Protective Order, substantially along the lines of 20 “This videotape contains confidential or outside counsel eyes only 21 confidential testimony used in this case and is not to be viewed or the 22 contents thereof to be displayed or revealed except pursuant to the terms 23 of the operative protective orders in this matter or pursuant to written 24 stipulation of the parties.” Counsel for any Designating Party shall have 25 the right to exclude from oral depositions, other than the deponent, 26 deponent’s counsel, and the reporter and videographer (if any), any person 27 28 21 16-cv-385-H-WVG 1 who is not authorized by the Protective Orders in the actions to receive or 2 access Protected Material based on the designation of such Protected 3 Material. 4 c. For information produced in some form other than documentary, and for 5 any other tangible items, the Designating Party shall affix, in a prominent 6 place on the exterior of the medium, container or containers in which the 7 information or item is stored, the appropriate legend. 8 d. The provisions of subparagraphs 36(a-c) do not apply to documents 9 produced in native format. For documents produced in native format, the 10 parties shall provide written notice to the Receiving Party of any 11 confidentiality designations at the time of production. 12 13 8. Use of Designated QUALCOMM Material 37. Use of Designated QUALCOMM Material By Receiving Party: Unless 14 otherwise ordered by the Court, or agreed to in writing by Non-Party QUALCOMM, all 15 Designated QUALCOMM Material, and all information derived therefrom, shall be used 16 by the Receiving Party only for purposes of the actions, and shall not be used in any other 17 way, or for any other purpose, including the acquisition, preparation or prosecution before 18 the Patent office of any patent, patent application, for drafting or revising patent claims, or 19 in connection with patent licensing or product development work directly or indirectly 20 intended for commercial purposes related to the particular technologies or information 21 disclosed in the Designated QUALCOMM Material. Information contained or reflected in 22 Designated QUALCOMM Material shall not be disclosed in conversations, presentations 23 by parties or counsel, in court or in other settings that might reveal Designated 24 QUALCOMM Material, except in accordance with the terms of the Protective Order or 25 this Supplemental Protective Order. 26 38. Use of Designated QUALCOMM Material by Non-Party QUALCOMM: 27 28 22 16-cv-385-H-WVG 1 Nothing in this Supplemental Protective Order shall limit Non-Party QUALCOMM’s use 2 of its own documents and information, nor shall it prevent Non-Party QUALCOMM from 3 disclosing its own confidential information, documents or things to any person. Such 4 disclosure shall not affect any designations made pursuant to the terms of this Supplemental 5 Protective Order, so long as the disclosure is made in a manner that is reasonably calculated 6 to maintain the confidentiality of the information. 7 39. Use of Designated QUALCOMM Material at Deposition: Non-Party 8 QUALCOMM shall, on request prior to the deposition, make a searchable electronic copy 9 of the QUALCOMM Source Code available on a stand-alone computer connected to a 10 printer during depositions of QUALCOMM personnel otherwise permitted access to such 11 Source Code. To the extent required, the party conducting the deposition may print 12 additional pages of Source Code printouts to be marked as exhibits at such depositions 13 consistent with other provisions and limitations of the Protective Order and this 14 Supplemental Protective Order. Except as may be otherwise ordered by the Court, any 15 person may be examined as a witness at depositions and trial, and may testify concerning 16 all Designated QUALCOMM Material of which such person has prior knowledge. 17 40. Use of Designated QUALCOMM Material at Hearing or Trial: The parties 18 will give Non-Party QUALCOMM prior notice of, and an opportunity to object to, any 19 intended use of the Designated QUALCOMM Material at any hearing or trial in the actions. 20 Said notice shall (a) be served by facsimile or email on counsel for Non-Party 21 QUALCOMM at least five (5) business days prior to the hearing or first day of trial, (2) 22 identify the Designated QUALCOMM Material with specificity while redacting any other 23 Party’s Confidential Business Information and (3) identify the measures the party intends 24 to rely upon to protect the Designated QUALCOMM Material when used at any hearing 25 or trial consistent with this Supplemental Protective Order. This section shall not limit in 26 any way the use of Designated QUALCOMM Material during the cross-examination of 27 28 23 16-cv-385-H-WVG 1 any witness otherwise permitted access to such Designated QUALCOMM Material, as 2 long as the parties take all necessary steps to protect and maintain the confidentiality of 3 any such Designated QUALCOMM Material. 4 9. 5 Prosecution and Development Bar 41. Unless otherwise permitted in writing between Producing Party and Receiving 6 Party, any individual who in the course of the actions personally receives, other than on 7 behalf of Producing Party, any material designated “QUALCOMM – OUTSIDE 8 ATTORNEYS’ EYES ONLY” or “QUALCOMM – OUTSIDE ATTORNEYS’ EYES 9 ONLY – CONFIDENTIAL SOURCE CODE” shall not participate in amending or drafting 10 patent specifications or claims before a Patent Office of any patent or patent application 11 related to the information disclosed in the Designated QUALCOMM Material, from the 12 time of receipt of such material through the date the individual person(s) cease to have 13 access to materials designated “QUALCOMM – OUTSIDE ATTORNEYS’ EYES 14 ONLY” 15 CONFIDENTIAL SOURCE CODE,” as well as any materials that contain or disclose 16 Designated QUALCOMM Material. 17 proceedings, including without limitation reexamination or opposition proceedings filed in 18 relation to the patents-in-suit or foreign counterparts. 19 42. or “QUALCOMM – OUTSIDE ATTORNEYS’ EYES ONLY – This provision shall not apply to post-grant Unless otherwise permitted in writing between Non-Party QUALCOMM and 20 Receiving Party, any Outside Consultant retained on behalf of Receiving Party who is to 21 be given access to Non-Party QUALCOMM’s documents, Source Code, or Chip-Level 22 Schematics designated as “QUALCOMM – OUTSIDE ATTORNEYS’ EYES ONLY” or 23 “QUALCOMM – OUTSIDE ATTORNEYS’ EYES ONLY – CONFIDENTIAL SOURCE 24 CODE” must agree in writing, using the form in Exhibit B, not to perform hardware or 25 software development work or product development work directly or indirectly intended 26 for commercial purposes related to the information disclosed in the Designated 27 28 24 16-cv-385-H-WVG 1 QUALCOMM Material, which is not publicly known, from the time of first receipt of such 2 material through the date the expert consultant ceases to have access to any material 3 designated 4 “QUALCOMM – OUTSIDE ATTORNEYS’ EYES ONLY – CONFIDENTIAL SOURCE 5 CODE,” as well as any materials that contain or disclose Designated QUALCOMM 6 Material. 7 10. 8 Other Litigation 9 “QUALCOMM – OUTSIDE ATTORNEYS’ EYES ONLY” or Designated QUALCOMM Material Subpoenaed or Ordered Produced In 43. If a Receiving Party is served with a subpoena or a court order that would 10 compel disclosure of any information, documents or things designated in the actions as 11 “QUALCOMM – OUTSIDE ATTORNEYS’ EYES ONLY” or “QUALCOMM – 12 OUTSIDE ATTORNEYS’ EYES ONLY – CONFIDENTIAL SOURCE CODE,” 13 Receiving Party must notify the Producing Party and Non-Party QUALCOMM of such 14 information, documents or things, in writing (by fax and email) promptly, and in no event 15 more than ten (10) calendar days after receiving the subpoena or order. Such notification 16 must include a copy of the subpoena or order. Receiving Party also must immediately 17 inform, in writing, the party who caused the subpoena or order to issue that some or all of 18 the material covered by the subpoena or order is subject to this Supplemental Protective 19 Order and the Protective Order. In addition, the Receiving Party must provide a copy of 20 this Supplemental Protective Order and the Protective Order promptly to the party in the 21 other action that caused the subpoena or order to issue. The purpose of imposing these 22 duties is to alert the interested parties to the existence of this Supplemental Protective Order 23 and the Protective Order, and to afford Non-Party QUALCOMM an opportunity to try to 24 protect its confidentiality interests in the court from which the subpoena or order issued. 25 Non-Party QUALCOMM shall bear the burdens and the expenses of seeking protection in 26 that court of its Designated QUALCOMM Material. Nothing in these provisions should 27 28 25 16-cv-385-H-WVG 1 be construed as authorizing or encouraging any Receiving Party in this action to disobey a 2 lawful 3 11. 4 directive from another court. Unauthorized Disclosure Of Designated QUALCOMM Material 44. If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 5 Designated QUALCOMM Material to any person or in any circumstance not authorized 6 under this Order, the Receiving Party must immediately (a) notify in writing Producing 7 Party and Non-Party QUALCOMM of the unauthorized disclosures, (b) use its best efforts 8 to retrieve all copies of the Designated QUALCOMM Material, (c) inform the person or 9 persons to whom unauthorized disclosures were made of all the terms of this Order, and 10 (d) request such person or persons to execute the “Acknowledgment and Agreement to Be 11 Bound By Supplemental Protective Order Governing Confidential Information of Non- 12 Party Qualcomm In This Case” that is attached hereto as Exhibit A. Nothing in these 13 provisions should be construed as limiting any Producing Party’s rights to seek remedies 14 for a violation of this Supplemental Protective Order. 15 12. 16 Duration 45. Even after the termination of the actions, the confidentiality obligations 17 imposed by this Supplemental Protective Order shall remain in effect following the 18 termination of the actions, or until Non-Party QUALCOMM agrees otherwise in writing 19 or a court order otherwise directs. 20 13. 21 Final Disposition 46. Unless otherwise ordered or agreed in writing by Producing Party, within 22 sixty (60) days of the termination of all of the actions, whether through settlement or final 23 judgment (including any and all appeals therefrom), each Receiving Party, including 24 Outside Counsel for each Receiving Party, will destroy all Designated QUALCOMM 25 Material produced by Non-Party QUALCOMM or any other Party in the actions and will 26 destroy or redact any such Designated QUALCOMM Material included in work product, 27 28 26 16-cv-385-H-WVG 1 pleadings, motion papers, legal memoranda, correspondence, trial transcripts and trial 2 exhibits admitted into evidence (“derivations”) and all copies thereof, with the exception 3 of copies stored on back-up tapes or other disaster recovery media. Within sixty (60) days 4 of the date of settlement or final judgment, each Receiving Party shall serve Non-Party 5 QUALCOMM with a certification stating that it, including its Outside Counsel, has 6 complied with its obligations under this paragraph. With respect to any copy of Designated 7 QUALCOMM Material or derivation thereof that remains on back-up tapes and other 8 disaster storage media of an Authorized Reviewer(s), neither the Authorized Reviewer(s) 9 nor its consultants, experts, counsel or other party acting on its behalf shall make copies of 10 any such information available to any person for any purpose other than backup or disaster 11 recovery unless compelled by law and, in that event, only after thirty (30) days prior notice 12 to Producing Party or such shorter period as required by court order, subpoena, or 13 applicable law. 14 15 16 17 IT IS SO ORDERED. DATED: June 28, 2016 MARILYN L. HUFF, District Judge UNITED STATES DISTRICT COURT 18 19 20 21 22 23 24 25 26 27 28 27 16-cv-385-H-WVG 1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND BY SUPPLEMENTAL 3 PROTECTIVE ORDER GOVERNING CONFIDENTIAL INFORMATION OF NON-PARTY 4 QUALCOMM IN THIS CASE 5 6 I, _______________________________________ [print or type full name], state: My business address is ______________________________________________________; 7 1. My present employer is _____________________________________________; 8 2. My present occupation or job description is _____________________________; 9 3. I have been informed of and have reviewed the Supplemental Protective Order 10 Governing Discovery from Non-Party QUALCOMM in this case (the “Supplemental Protective Order”) 11 entered in this case, and understand and agree to abide by its terms. I agree to keep confidential all 12 information provided to me in the matters of Civil Action Nos. 16-cv-00385-H-WVG, 16-cv-00386-H- 13 WVG, 16-cv-00390, 16-cv-00394-H-WVG, 16-cv-00395-H-WVG, and 16-cv-00396-H-WVG in the 14 United States District Court, Southern District of California in accordance with the restrictions in the 15 Supplemental Protective Order, and to be subject to the authority of that Court in the event of any violation 16 or dispute related to the Supplemental Protective Order. 17 4. 18 the foregoing is true and correct. I state under penalty of perjury under the laws of the United States of America that 19 _____________________________ 20 [Signature] 21 22 23 Executed On_______________ _____________________________ [Printed Name] 24 25 26 27 28 28 16-cv-385-H-WVG 1 EXHIBIT B 2 CERTIFICATION OF CONSULTANT RE SUPPLEMENTAL PROTECTIVE ORDER 3 GOVERNING CONFIDENTIAL INFORMATION OF NON-PARTY QUALCOMM IN THIS 4 CASE 5 I, _______________________________________ [print or type full name], of 6 _______________________________________ am not an employee of the Party who retained me or of 7 a competitor of any Party or Non-Party QUALCOMM and will not use any information, documents, or 8 things that are subject to the Supplemental Protective Order Governing Discovery From Non-Party 9 QUALCOMM in Civil Action Nos. 16-cv-00385-H-WVG, 16-cv-00386-H-WVG, 16-cv-00390, 16-cv- 10 00394-H-WVG, 16-cv-00395-H-WVG, and 16-cv-00396-H-WVG in the United States District Court, 11 Southern District of California, for any purpose other than this litigation. I agree not to perform hardware 12 or software development work or product development work intended for commercial purposes related to 13 the information disclosed in the Designated QUALCOMM Material, from the time of receipt of such 14 material through and including the date that I cease to have access to any material designated 15 “QUALCOMM – OUTSIDE ATTORNEYS’ EYES ONLY” or “QUALCOMM – OUTSIDE 16 ATTORNEYS’ EYES ONLY – CONFIDENTIAL SOURCE CODE.” 17 18 I state under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. 19 _____________________________ 20 [Signature] 21 22 23 Executed On_______________ _____________________________ [Printed Name] 24 25 26 27 28 29 16-cv-385-H-WVG

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