Ceiva Logic, Inc. v. Amazon.com, Inc.

Filing 68

STIPULATED PROTECTIVE ORDER by Magistrate Judge Maria A. Audero. re Stipulation for Protective Order. 67 [See document for details.] (es)

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Gary A. Hecker (SBN 099008)
[e-mail]
MUNCK WILSON MANDALA, LLP
1925 Century Park East, Suite 2300
Los Angeles, California 90067
Tel: [phone]
Chad J. Ray (Pro Hac Vice)
(TX Bar No. 24106754)
[e-mail]
MUNCK WILSON MANDALA, LLP
12770 Coit Road, Suite 600
Dallas, Texas 75251
Tel: [phone]

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Attorneys for Plaintiff Ceiva Logic, Inc.

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J. David Hadden (SBN 176148)
[e-mail]
Saina S. Shamilov (SBN 215636)
[e-mail]
Ravi R. Ranganath (SBN 272981)
[e-mail]
FENWICK & WEST LLP
Silicon Valley Center
801 California Street
Mountain View, CA 94041
Tel: [phone]

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Christine J. Ko (State Bar No. 306490)
[e-mail]
FENWICK & WEST LLP
555 California Street, 12th Floor
San Francisco, CA 94104
Tel: [phone]
Attorneys for Defendant Amazon.com, Inc.
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

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CEIVA LOGIC, INC.,
Plaintiff,

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v.

Case No. 2:19-cv-09129-AB-MAA
STIPULATED PROTECTIVE
ORDER

AMAZON.COM, INC.,

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Defendant.

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1.

Discovery in this action is likely to involve production of confidential,

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PURPOSES AND LIMITATIONS

proprietary, or private information for which special protection from public
disclosure and from use for any purpose other than prosecuting this litigation may
be warranted. Accordingly, the parties hereby stipulate to and petition the Court to
enter the following Stipulated Protective Order. The parties acknowledge that this
Stipulated Protective Order does not confer blanket protections on all disclosures or
responses to discovery and that the protection it affords from public disclosure and
use extends only to the limited information or items that are entitled to confidential
treatment under the applicable legal principles. The parties further acknowledge, as
set forth in Section 13.3 below, that this Stipulated Protective Order does not entitle
them to file confidential information under seal; Local Rule 79-5 sets forth the
procedures that must be followed and the standards that will be applied when a
party seeks permission from the Court to file material under seal. Discovery in this
action is likely to involve production of confidential, proprietary, or private
information for which special protection from public disclosure and from use for
any purpose other than prosecuting this litigation may be warranted.
2.

GOOD CAUSE STATEMENT
This action is likely to involve business, financial, technical and/or other

proprietary information for which special protection from public disclosure and
from use for any purpose other than prosecution of this action is warranted. Such
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STIPULATED PROTECTIVE ORDER

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confidential and proprietary materials and information consist of, among other

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things, highly sensitive technical documents describing the design and operation of

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the accused products and/or products alleged to practice and/or embody the patents-

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in-suit, source code related to these products, confidential business, strategy, and

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financial information, or other confidential research, development, or commercial

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information (including information implicating privacy rights of third parties), and

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other information otherwise generally unavailable to the public, or which may be

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privileged or otherwise protected from public disclosure under state or federal

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statutes, court rules, case decisions, or common law. Accordingly, to expedite the

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flow of information, to facilitate the prompt resolution of disputes over

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confidentiality of discovery materials, to adequately protect information the parties

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are entitled to keep confidential, to ensure that the parties are permitted reasonable

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necessary uses of such material in preparation for and in the conduct of trial, to

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address their handling at the end of the litigation, and to serve the ends of justice, a

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protective order for such information is justified in this matter. It is the intent of the

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parties that information will not be designated as confidential for tactical reasons

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and that nothing be so designated without a good faith belief that it has been

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maintained in a confidential, non-public manner, and there is good cause why it

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should not be part of the public record of this case.

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3.

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DEFINITIONS
3.1.

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Action: This pending federal lawsuit, Civil Action No. 2:19-cv09129-AB-MAA.

3.2.

Challenging Party: A Party or Nonparty that challenges the

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designation of information or items under this Stipulated Protective

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Order.

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3.3.

“CONFIDENTIAL” Information or Items: Information (regardless of

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how it is generated, stored or maintained) or tangible things that

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qualify for protection under Federal Rule of Civil Procedure 26(c), and
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STIPULATED PROTECTIVE ORDER

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as specified above in the Good Cause Statement.
3.4.

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Counsel: Outside Counsel of Record and In-House Counsel (as well
as their support staff).

3.5.

Designating Party: A Party or Nonparty that designates information or

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items that it produces in disclosures or in responses to discovery as

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“CONFIDENTIAL.”

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3.6.

Disclosure or Discovery Material: All items or information, regardless

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of the medium or manner in which it is generated, stored, or

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maintained (including, among other things, testimony, transcripts, and

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tangible things), that is produced or generated in disclosures or

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responses to discovery in this matter.

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3.7.

Expert: A person with specialized knowledge or experience in a

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matter pertinent to the litigation who has been retained by a Party or its

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counsel to serve as an expert witness or as a consultant in this Action,

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and who is not an employee of a party to this Action or an affiliate of a

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party to this Action.

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3.8.

In-House Counsel: Attorneys who are employees of a party to this

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Action. In-House Counsel does not include Outside Counsel of

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Record or any other outside counsel.

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3.9.

Nonparty: Any natural person, partnership, corporation, association,
or other legal entity not named as a Party to this action.

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3.10. Outside Counsel of Record: Attorneys who are not employees of a

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party to this Action but are retained to represent or advise a party to

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this Action and have appeared in this Action on behalf of that party or

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are affiliated with a law firm which has appeared on behalf of that

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party, and includes support staff.

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3.11. Party: Any party to this Action, including all of its officers, directors,

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employees, consultants, retained experts, In-House Counsel, and
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STIPULATED PROTECTIVE ORDER

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Outside Counsel of Record (and their support staffs).
3.12. Producing Party: A Party or Nonparty that produces Disclosure or
Discovery Material in this Action.
3.13. Professional Vendors: Persons or entities that provide litigation

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support services (e.g., photocopying, videotaping, translating,

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preparing exhibits or demonstrations, and organizing, storing, or

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retrieving data in any form or medium) and their employees and

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subcontractors.

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3.14. Protected Material: Any Disclosure or Discovery Material that is

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designated as “CONFIDENTIAL,” or “HIGHLY CONFIDENTIAL

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SOURCE CODE.”

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3.15. Receiving Party: A Party that receives Disclosure or Discovery
Material from a Producing Party.
3.16. Source Code: Computer code that defines, in an applicable

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programming language, the algorithms, function or structure of

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software. Source code includes source code, object code (i.e.,

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computer instructions and data definitions expressed in a form suitable

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for input to an assembler, compiler, or other translator), microcode,

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register transfer language (“RTL”), firmware, and hardware

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description language (“HDL”), as well as any and all programmer

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notes, annotations, and other comments accompanying the code. For

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avoidance of doubt, this includes, but is not limited to, source files,

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make files, intermediate output files, executable files, header files,

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

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files, linker files, browse info files, debug files, and files containing

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source code in C, C++, BREW, Java ME, J2ME, assembler, digital

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signal processor (DSP) programming languages, VHDL, Verilog,

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other HDL formats, and any other human readable text programming
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STIPULATED PROTECTIVE ORDER

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languages. Source code does not include documents that describe

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algorithms or structure of software but that do not include code in a

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programming language. To the extent documents (for example,

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PowerPoints or Word documents) contain lines of source code, the

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Producing Party may elect to redact the lines of Source Code in the

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document—labeled “Redacted Source Code”—and will otherwise

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produce the document in the normal course of discovery. In the event

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the Producing Party elects to redact Source Code from documents, the

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non-redacted versions of those documents will be placed on the Source

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Code Computer for review by the Receiving Party.

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3.17. “HIGHLY CONFIDENTIAL SOURCE CODE” Information or Items:

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Protected Material reflecting or comprising non-public Source Code of

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a producing party.

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4.

SCOPE

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The protections conferred by this Stipulated Protective Order cover not only

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Protected Material, but also (1) any information copied or extracted from Protected

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Material; (2) all copies, excerpts, summaries, or compilations of Protected Material;

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and (3) any testimony, conversations, or presentations by Parties or their Counsel

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that might reveal Protected Material.

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Any use of Protected Material at trial shall be governed by the orders of the

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trial judge. This Stipulated Protective Order does not govern the use of Protected

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Material at trial.

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5.

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DURATION
The Order applies to pretrial discovery. Nothing in this Order shall be

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deemed to prevent the Parties from introducing any Protected Material into

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evidence at the trial of this Action, or from using any information contained in

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Designated Material at the trial of this Action, subject to any pretrial order issued

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by this Court. Subject to any challenges under paragraph 7, the Parties will not
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STIPULATED PROTECTIVE ORDER

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oppose any reasonable request by the Producing Party that the courtroom be sealed,

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if allowed by the Court, during the presentation of any testimony, evidence, or

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argument relating to or involving the use of any Protected Material.

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Even after final disposition of this litigation, the confidentiality obligations

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imposed by this Stipulated Protective Order shall remain in effect until a

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Designating Party agrees otherwise in writing or a court order otherwise directs.

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Final disposition shall be deemed to be the later of (1) dismissal of all claims and

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defenses in this Action, with or without prejudice; and (2) final judgment herein

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after the completion and exhaustion of all appeals, rehearings, remands, trials, or

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reviews of this Action, including the time limits for filing any motions or

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applications for extension of time pursuant to applicable law.

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6.

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DESIGNATING PROTECTED MATERIAL
6.1.

Exercise of Restraint and Care in Designating Material for Protection.
Each Party or Nonparty that designates information or items for

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protection under this Stipulated Protective Order must take care to

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limit any such designation to specific material that qualifies under the

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appropriate standards. The Designating Party must designate for

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protection only those parts of material, documents, items, or oral or

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written communications that qualify so that other portions of the

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material, documents, items, or communications for which protection is

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not warranted are not swept unjustifiably within the ambit of this

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Stipulated Protective Order.

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Mass, indiscriminate, or routinized designations are prohibited.

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Designations that are shown to be clearly unjustified or that have been

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made for an improper purpose (e.g., to unnecessarily encumber the

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case development process or to impose unnecessary expenses and

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burdens on other parties) may expose the Designating Party to

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sanctions.
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STIPULATED PROTECTIVE ORDER

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6.2.

Manner and Timing of Designations.

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Except as otherwise provided in this Stipulated Protective Order

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(see, e.g., Section 6.2(a)), or as otherwise stipulated or ordered,

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Disclosure or Discovery Material that qualifies for protection under

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this Stipulated Protective Order must be clearly so designated before

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the material is disclosed or produced.

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Designation in conformity with this Stipulated Protective Order

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requires the following:

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(a)

For information in documentary form (e.g., paper or electronic

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documents, but excluding transcripts of depositions or other

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pretrial or trial proceedings), that the Producing Party affix at a

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minimum, the legend “CONFIDENTIAL” to each page that

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contains protected material. If only a portion or portions of the

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material on a page qualifies for protection, the Producing Party

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also must clearly identify the protected portion(s) (e.g., by

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making appropriate markings in the margins).

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A Party or Nonparty that makes original documents

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available for inspection need not designate them for protection

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until after the inspecting Party has indicated which documents it

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would like copied and produced. During the inspection and

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before the designation, all of the material made available for

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inspection shall be deemed “CONFIDENTIAL.” After the

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inspecting Party has identified the documents it wants copied

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and produced, the Producing Party must determine which

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documents, or portions thereof, qualify for protection under this

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Stipulated Protective Order. Then, before producing the

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specified documents, the Producing Party must affix the legend

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“CONFIDENTIAL,” or “HIGHLY CONFIDENTIAL SOURCE
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STIPULATED PROTECTIVE ORDER

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CODE” to each page that contains Protected Material. If only a

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portion or portions of the material on a page qualifies for

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protection, the Producing Party also must clearly identify the

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protected portion(s) (e.g., by making appropriate markings in the

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margins).

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(b)

For testimony given in depositions, that the Designating Party

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identify the Disclosure or Discovery Material on the record,

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before the close of the deposition, all protected testimony.

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(c)

For information produced in nondocumentary form, and for any

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other tangible items, that the Producing Party affix in a

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prominent place on the exterior of the container or containers in

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which the information is stored the legend “CONFIDENTIAL.”

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If only a portion or portions of the information warrants

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protection, the Producing Party, to the extent practicable, shall

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identify the protected portion(s).

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6.3.

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Inadvertent Failure to Designate.
If timely corrected, an inadvertent failure to designate qualified

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information or items does not, standing alone, waive the Designating

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Party’s right to secure protection under this Stipulated Protective Order

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for such material. Upon timely correction of a designation, the

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Receiving Party must make reasonable efforts to assure that the

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material is treated in accordance with the provisions of this Stipulated

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Protective Order.

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7.

CHALLENGING CONFIDENTIALITY DESIGNATIONS
7.1.

Timing of Challenges.

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Any Party or Nonparty may challenge a designation of

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confidentiality at any time that is consistent with the Court’s

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Scheduling Order.
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7.2.

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Meet and Confer.
The Challenging Party shall initiate the dispute resolution

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process, which shall comply with Local Rule 37.1 et seq., and with

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Section 4 of Judge Audero’s Procedures (“Mandatory Telephonic

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Conference for Discovery Disputes”).1

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7.3.

Burden of Persuasion.

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The burden of persuasion in any such challenge proceeding shall

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be on the Designating Party. Frivolous challenges, and those made for

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an improper purpose (e.g., to harass or impose unnecessary expenses

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and burdens on other parties) may expose the Challenging Party to

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sanctions. Unless the Designating Party has waived or withdrawn the

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confidentiality designation, all parties shall continue to afford the

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material in question the level of protection to which it is entitled under

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the Producing Party’s designation until the Court rules on the

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challenge.

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8.

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ACCESS TO AND USE OF PROTECTED MATERIALS
8.1.

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Basic Principles.
A Receiving Party may use Protected Material that is disclosed

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or produced by another Party or by a Nonparty in connection with this

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Action only for prosecuting, defending, or attempting to settle this

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Action. Such Protected Material may be disclosed only to the

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categories of persons and under the conditions described in this

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Stipulated Protective Order. When the Action reaches a final

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disposition, a Receiving Party must comply with the provisions of

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Section 14 below.

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Judge Audero’s Procedures are available at
https://www.cacd.uscourts.gov/honorable-maria-audero.
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Protected Material must be stored and maintained by a

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Receiving Party at a location and in a secure manner that ensures that

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access is limited to the persons authorized under this Stipulated

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Protective Order.

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8.2.

Disclosure of “CONFIDENTIAL” Information or Items.

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Unless otherwise ordered by the Court or permitted in writing

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by the Designating Party, a Receiving Party may disclose any

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information or item designated “CONFIDENTIAL” only to:

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(a)

The Receiving Party’s Outside Counsel of Record, as well as

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employees of said Outside Counsel of Record to whom it is

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reasonably necessary to disclose the information for this Action;

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(b)

The officers, directors, board members, and employees

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(including In-House Counsel) of the Receiving Party to whom

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disclosure is reasonably necessary for this Action;

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(c)

Experts of the Receiving Party to whom disclosure is reasonably

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necessary for this Action and who have signed the

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“Acknowledgment and Agreement to Be Bound” (Exhibit A).

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Before access is given, the Expert shall complete the

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“Acknowledgment and Agreement to Be Bound” (Exhibit A),

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and the same shall be served upon any producing Party with a

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current curriculum vitae of the consultant or expert at least ten

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(10) days before access to the Protected Material is to be given

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to that consultant.2 However, the producing Party may notify

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For any such person, the curriculum vitae shall identify his/her (i) current
employer(s), (ii) each person or entity from whom s/he has received compensation
or funding for work in his or her areas of expertise or to whom the s/he has
provided professional services, including in connection with a litigation, at any time
during the preceding five years; (iii) (by name and number of the case, filing date,
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the receiving Party in writing that it objects to disclosure of

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Protected Material to a consultant or expert. The producing

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Party waives objection to disclosure of its Designated Material

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by a receiving Party to an identified outside consultant or expert

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of a receiving Party if the Producing Party provides no written

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objection within ten (10) days of service by a receiving Party of

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the Exhibit A and current curriculum vitae of the identified

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outside consultant or expert. Such a waiver shall not preclude a

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Producing Party from raising an objection at a later time with

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respect to Protected Material if a party believes in good faith

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that newly disclosed or discovered information about the expert,

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had it been known at the time the outside consultant or expert

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was disclosed, would have warranted such an objection. The

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Parties agree to promptly confer and use good faith to resolve

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

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objection, the producing Party may file a motion with the Court

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within fifteen (15) days of the notice, or within such other time

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as the Parties may agree, seeking a protective order with respect

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to the proposed disclosure. The producing Party shall have the

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and location of court) any litigation in connection with which s/he has offered
expert testimony, including through a declaration, report, or testimony at a
deposition or trial, during the preceding five years; and (iv) and an identification of
any patents or patent applications in which the technical advisor is identified as an
inventor or applicant, is involved in prosecuting or maintaining, or has any
pecuniary interest. If such consultant or expert believes any of this information is
subject to a confidentiality obligation to a third-party, then the s/he should provide
whatever information can be disclosed without violating any confidentiality
agreements, and the Party seeking to disclose Protected Material to the consultant
or expert shall be available to meet and confer with the designating Party regarding
any such engagement.
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burden of proving the need for a protective order. No disclosure

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shall occur until all such objections are resolved by agreement

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or Court order.;

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(d)

The Court and its personnel;

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(e)

Court reporters and their staff;

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(f)

Professional jury or trial consultants, mock jurors, and

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Professional Vendors to whom disclosure is reasonably

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necessary or this Action and who have signed the

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“Acknowledgment and Agreement to be Bound” (Exhibit A);

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(g)

The author or recipient of a document containing the

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information or a custodian or other person who otherwise

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possessed or knew the information;

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(h)

During their depositions, witnesses, and attorneys for witnesses,

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in the Action to whom disclosure is reasonably necessary

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provided: (i) the deposing party requests that the witness sign

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the “Acknowledgment and Agreement to Be Bound” (Exhibit

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A); and (ii) the witness will not be permitted to keep any

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confidential information unless they sign the “Acknowledgment

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and Agreement to Be Bound,” unless otherwise agreed by the

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Designating Party or ordered by the Court. Pages of transcribed

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deposition testimony or exhibits to depositions that reveal

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Protected Material may be separately bound by the court

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reporter and may not be disclosed to anyone except as permitted

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under this Stipulated Protective Order; and

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(i)

Any mediator or settlement officer, and their supporting

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personnel, mutually agreed upon by any of the parties engaged

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in settlement discussions.

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8.3. Disclosure of “HIGHLY CONFIDENTIAL SOURCE CODE ”
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Information or Items.

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For Source Code designated HIGHLY CONFIDENTIAL

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SOURCE CODE, access to, and disclosure of, such Source Code shall

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be limited to individuals listed in paragraph 8.2 above, and the

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following additional restrictions apply:

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(a)

Access to a Party’s Source Code shall be provided only on

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“stand-alone” computer(s) (that is, the computer may not be

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linked to any network, including a local area network (“LAN”),

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an intranet or the Internet). The standalone computer shall be a

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current vintage, Windows-based laptop or desktop computer

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having at least 4 gigabytes of memory, shall have a mouse, and

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a screen with a minimum size of fifteen inches, and shall be

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connectable to a second screen supplied by the receiving party at

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the receiving party’s option. The stand-alone computer(s) may

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only be located within the continental United States at the

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offices of the producing Party’s outside counsel or another

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agreed-upon location.

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(b)

The stand-alone computer(s) shall have disk encryption and be

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password protected. Use or possession of any outside electronic

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input/output device (e.g., USB memory stick, mobile phone,

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tablet, personal digital assistants (PDAs), Blackberries,

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Dictaphones, voice recorders, external or portable telephone

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jack, camera or any camera-enabled device, CD, floppy disk,

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portable hard drive, laptop, or any device that can access the

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Internet or any other network or external system, etc.) is

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prohibited while accessing the computer containing the source

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code. All persons entering the locked room containing the

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stand-alone computer(s) must agree to submit to reasonable
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security measures to ensure they are not carrying any prohibited

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items before they will be given access to the stand-alone

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computer(s). The producing Party may periodically “check in”

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on the activities of the receiving Party’s representatives during

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any stand-alone computer review and may visually monitor the

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activities of the receiving Party’s representatives from outside

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the room in which the stand-alone computer(s) is located, but

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only to ensure that no unauthorized electronic records of the

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Source Code and no information concerning the Source Code

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are being created or transmitted in any way. The producing

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Party must remain at such a distance as to avoid viewing notes

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or other work product generated by the receiving Party’s

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representatives and at such a distance to allow representatives of

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the receiving Party’s to carry on a quiet conversation without

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being overheard by the producing Party. The producing Party

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may not record (visually, audibly or by other means) the

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activities of the receiving Party’s representatives.

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(c)

Source Code will be made available for inspection between the

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hours of 9:00 a.m. and 5:00 p.m. (in the time zone where the

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Source Code is made available) on business days (i.e., weekdays

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that are not Federal holidays), although the Parties will be

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reasonable in accommodating reasonable requests to conduct

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inspections at other times;

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(d)

A list of names of persons who will review Source Code on the

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stand-alone computer(s) will be provided to the producing Party

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in conjunction with any written (including email) notice

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requesting inspection. Prior to the first inspection of any Source

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Code made available by the Producing Party, the receiving Party
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shall provide five (5) days’ notice that it wishes to inspect

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Source Code. The receiving Party shall provide three (3) days’

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notice prior to any additional inspections. Such notice shall

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include the names and titles for every individual from the

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receiving Party who will attend the inspection. The producing

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Party may maintain a daily log of the names of persons who

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enter the locked room to view the source code and when they

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enter and depart. To the extent practical and reasonable, the

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Parties agree to accommodate requests for inspection on a

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shorter timeframe, particularly when the needs of the case and

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case schedule require more immediate access by the receiving

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Party to the requested Source Code. Similarly, the receiving

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Party shall make good faith efforts to reasonably accommodate

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scheduling limitations identified by the producing Party;

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(e)

The producing Party shall provide the receiving Party with

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information explaining how to start, log on to, and operate the

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stand-alone computer(s) in order to access the produced Source

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Code on the stand-alone computer(s);

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(f)

The producing Party will produce Source Code in computer

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

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above;

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(g)

Access to any Party’s Protected Material designated HIGHLY

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CONFIDENTIAL SOURCE CODE shall be limited to outside

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counsel and up to four (4) Experts retained for the purpose of

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this litigation and approved to access such Protected Materials

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pursuant to paragraph 3.14 above. A receiving Party may

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include excerpts of Source Code in a pleading, exhibit, expert

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report, discovery document, deposition transcript, or other Court
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document (hereinafter, “Source Code Documents”) only to the

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extent necessary, provided that the Source Code Documents are

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appropriately marked under this Order, restricted to those who

4

are entitled to have access to them as specified herein, and, if

5

filed with the Court, filed under seal in accordance with the

6

Court’s rules, procedures and orders;

7

(h)

To the extent portions of Source Code are quoted in a Source

8

Code Document, either (1) the entire Source Code Document

9

will be stamped and treated as HIGHLY CONFIDENTIAL

10

SOURCE CODE or (2) those pages containing quoted Source

11

Code will be separately stamped and treated as HIGHLY

12

CONFIDENTIAL SOURCE CODE. However, for clarity,

13

production documents describing how source code operates (for

14

example, architecture documents, program manuals, process

15

flow descriptions, PowerPoint presentations, etc.) may not be

16

stamped as HIGHLY CONFIDENTIAL SOURCE CODE solely

17

for the purpose of limiting access to such documents. To the

18

extent any documents (for example, PowerPoints, Word

19

documents, architecture documents, etc.) contain lines of source

20

code, the producing Party may elect to redact only the lines of

21

Source Code in the document and must otherwise produce the

22

document (including any discussion, analysis or commentary of

23

any Source Code) in the normal course of discovery. In the

24

event the producing Party elects to redact Source Code from

25

documents, the non-redacted versions of those documents must

26

be placed on the stand-alone computer for review by the

27

receiving Party. Further, if the receiving Party elects to print

28

such non-redacted source code documents from the stand-alone
16
STIPULATED PROTECTIVE ORDER

1

computer, only pages containing source code will count toward

2

any printing limitations contained herein. Alternatively, a

3

producing Party may elect to produce the entirety of a document

4

containing lines of Source Code in the normal course of

5

discovery with a designation of “HIGHLY CONFIDENTIAL

6

SOURCE CODE.”

7

(i)

Except as set forth in this paragraph, no copies of Source Code

8

shall be made without prior written consent of the producing

9

Party. The receiving Party may create an electronic copy or

10

image of limited excerpts of Source Code only to the extent

11

necessary in a pleading, exhibit, expert report, discovery

12

document, deposition transcript, other Court document, or any

13

drafts of these documents. The receiving Party shall only

14

include such excerpts as are reasonably necessary for the

15

purposes for which such part of the Source Code is used. Images

16

or copies of Source Code shall not be included in

17

correspondence between the parties (references to production

18

numbers shall be used instead) and shall be omitted from

19

pleadings and other papers except to the extent permitted herein.

20

The receiving party may create an electronic image of a selected

21

portion of the Source Code only when the electronic file

22

containing such image has been encrypted using commercially

23

reasonable encryption software including password protection.

24

Notwithstanding the foregoing, the receiving Party may file

25

under seal printed Source Code with the Court via the ECF

26

system without encryption. The communication and/or

27

disclosure of electronic files containing any portion of Source

28

Code shall at all times be limited to individuals who are
17
STIPULATED PROTECTIVE ORDER

1

authorized to see Source Code under the provisions of this

2

Protective Order. Additionally, all electronic copies must be

3

labeled “HIGHLY CONFIDENTIAL SOURCE CODE.” No

4

person shall copy, e-mail, transmit, upload, download, print,

5

photograph or otherwise duplicate any portion of the designated

6

“HIGHLY CONFIDENTIAL SOURCE CODE” material,

7

except that the receiving Party may request paper copies

8

(“Source Code Printouts”) of limited portions of the Source

9

Code, but only if and to the extent reasonably necessary for the

10

preparation of court filings, pleadings, expert reports, or other

11

papers, or for deposition or trial. The receiving Party shall be

12

permitted to print 500 pages total from the stand-alone computer

13

(per producing Party). Furthermore, the receiving Party may

14

print up to 50 contiguous pages. The receiving Party will only

15

print material that it believes reasonably necessary to the claims

16

and defenses at issue. If the receiving Party reasonably believes

17

that it is necessary to print more than set forth by these limits,

18

the parties shall meet and confer in good faith to resolve the

19

issue. To ensure the proper pages requested by the receiving

20

Party are printed, the producing Party shall provide the ability

21

for the receiving Party to save relevant files for printing as PDFs

22

(preserving the line numbers and formatting using a program

23

such as Notepad++) to a folder on the source code review

24

computer for printing, or any other similar arrangement agreed

25

to by the parties. The receiving Party shall not request paper

26

copies for the purposes of reviewing the source code other than

27

electronically as set forth in this paragraph. Within three (3)

28

business days, the producing Party will mail, or within five (5)
18
STIPULATED PROTECTIVE ORDER

1

business days will deliver, the requested material on

2

watermarked or colored paper bearing Bates numbers and the

3

legend “HIGHLY CONFIDENTIAL SOURCE CODE” unless

4

objected to as discussed below. At the receiving Party’s request,

5

up to three (3) additional sets, for a total of four sets of printed

6

Source Code may be requested and provided by the producing

7

Party in a timely fashion. Printouts of Source Code may be

8

made only by the producing Party, and such printouts must

9

include (1) directory path information and filenames from which

10

the Source Code came, and (2) line numbers. For avoidance of

11

doubt, the receiving Party may make copies of Source Code for

12

service to the Court to the extent requested or required by Court

13

or chamber rules.

14

(j)

If the receiving Party’s outside counsel or Experts obtain Source

15

Code Printouts, the receiving Party shall ensure that such

16

outside counsel, consultants, or experts keep the Source Code

17

Printouts under their direct control in a secured locked area in

18

the offices of such outside counsel or Experts. The receiving

19

Party may also temporarily keep the Source Code Printouts at:

20

(i) the Court for any proceedings(s) relating to the Source Code,

21

for the dates associated with the proceeding(s); (ii) the sites

22

where any deposition(s) relating to the Source Code are taken,

23

for the dates associated with the deposition(s); and (iii) if in a

24

secured locked container, any intermediate location reasonably

25

necessary to transport the Source Code Printouts (e.g., a hotel

26

prior to a Court proceeding or deposition); and

27
28

(k)

A producing Party’s Source Code may only be delivered by the
receiving Party at the direction of a person authorized to view
19
STIPULATED PROTECTIVE ORDER

1

Source Code, on paper via hand carry. If reasonably necessary,

2

the receiving Party may choose to transport Source Code via

3

courier, including Fedex or UPS. Source Code may not be

4

transported or transmitted over a network of any kind, including

5

a LAN, an intranet, or the Internet. Source Code may only be

6

transported for the purpose of Court proceeding(s) and filings,

7

expert reports, or deposition(s) or trial, as set forth in this

8

paragraph and is at all times subject to the transport restrictions

9

set forth therein.

10

(l)

The producing Party shall install tools that are sufficient for

11

viewing and searching the Source Code produced, on the

12

platform produced. The receiving Party’s outside counsel

13

and/or experts may request that other mutually agreeable

14

commercially available software tools for viewing and searching

15

Source Code be installed on the stand-alone computer, provided,

16

however, that such other software tools are reasonably necessary

17

for the receiving Party to perform its review of the source code

18

consistent with all of the protections herein. The receiving Party

19

must provide the producing Party with a copy of such licensed

20

software tool(s) at least three (3) business days in advance of the

21

date upon which the receiving Party wishes to have the

22

additional software tools available for use on the stand-alone

23

computer. To the extent any requested commercially available

24

software tool(s) can be downloaded from the Internet, the

25

receiving Party will provide the producing Party with a link or

26

URL at least three (3) business days in advance of the date upon

27

which the receiving Party wishes to have the additional software

28

tools available for use on the stand-alone computer.
20
STIPULATED PROTECTIVE ORDER

1

(m)

The receiving Party’s outside counsel and/or Experts shall be

2

entitled to take notes relating to the Source Code but may not

3

copy any portion of the Source Code into the notes. No copies

4

of all or any portion of the source code may leave the room in

5

which the source code is inspected. Further, no other written or

6

electronic record of the source code is permitted except as

7

otherwise provided above. No notes shall be made or stored on

8

the inspection computer, or left behind at the site where the

9

inspection computer is made available, and any such notes shall

10

be deleted or destroyed by the producing Party, without

11

reviewing the substance of the notes, upon discovery; and

12

(n)

All copies of any portion of the Source Code Printouts in

13

whatever form shall be securely destroyed if they are no longer

14

in use. Copies of Source Code Printouts that are marked as

15

deposition exhibits shall not be provided to the Court Reporter

16

or attached to deposition transcripts; rather, the deposition

17

record will identify the exhibit by its production numbers;

18

(o)

For the avoidance of doubt, printing of Source Code shall not be

19

used as a substitute for review of the Source Code in the first

20

instance on the Source Code Computer

21

9.

PROTECTED MATERIAL SUBPOENAED OR ORDERED

22

PRODUCED IN OTHER LITIGATION

23

If a Party is served with a subpoena or a court order issued in other litigation

24

that compels disclosure of any information or items designated in this Action as

25

“CONFIDENTIAL,” or “HIGHLY CONFIDENTIAL SOURCE CODE” that Party

26

must:

27
28

(a)

Promptly notify in writing the Designating Party. Such notification
shall include a copy of the subpoena or court order;
21
STIPULATED PROTECTIVE ORDER

1

(b)

Promptly notify in writing the party who caused the subpoena or order

2

to issue in the other litigation that some or all of the material covered

3

by the subpoena or order is subject to this Stipulated Protective Order.

4

Such notification shall include a copy of this Stipulated Protective

5

Order; and

6

(c)

Cooperate with respect to all reasonable procedures sought to be

7

pursued by the Designating Party whose Protected Material may be

8

affected.

9

If the Designating Party timely seeks a protective order, the Party served with

10

the subpoena or court order shall not produce any information designated in this

11

action as “CONFIDENTIAL” before a determination by the Court from which the

12

subpoena or order issued, unless the Party has obtained the Designating Party’s

13

permission. The Designating Party shall bear the burden and expense of seeking

14

protection in that court of its confidential material and nothing in these provisions

15

should be construed as authorizing or encouraging a Receiving Party in this Action

16

to disobey a lawful directive from another court.

17

10.

A NONPARTY’S PROTECTED MATERIAL SOUGHT TO BE

18

PRODUCED IN THIS LITIGATION

19

10.1. Application.

20

The terms of this Stipulated Protective Order are applicable to

21

information produced by a Nonparty in this Action and designated as

22

“CONFIDENTIAL,” or “HIGHLY CONFIDENTIAL SOURCE

23

CODE.” Such information produced by Nonparties in connection with

24

this litigation is protected by the remedies and relief provided by this

25

Stipulated Protective Order. Nothing in these provisions should be

26

construed as prohibiting a Nonparty from seeking additional

27

protections.

28

10.2. Notification.
22
STIPULATED PROTECTIVE ORDER

1

In the event that a Party is required, by a valid discovery

2

request, to produce a Nonparty’s confidential information in its

3

possession, and the Party is subject to an agreement with the Nonparty

4

not to produce the Nonparty’s confidential information,3 then the Party

5

shall:

6

(a)

Promptly notify in writing the Requesting Party and the

7

Nonparty that some or all of the information requested is subject

8

to a confidentiality agreement with a Nonparty;

9

(b)

Promptly provide the Nonparty with a copy of the Stipulated

10

Protective Order in this Action, the relevant discovery

11

request(s), and a reasonably specific description of the

12

information requested; and

13

(c)

14

Make the information requested available for inspection by the
Nonparty, if requested.

15

10.3. Conditions of Production.

16

If the Nonparty fails to seek a protective order from this Court

17

within fourteen (14) days after receiving the notice and accompanying

18

information, the Receiving Party may produce the Nonparty’s

19

confidential information responsive to the discovery request. If the

20

Nonparty timely seeks a protective order, the Receiving Party shall not

21

produce any information in its possession or control that is subject to

22

the confidentiality agreement with the Nonparty before a

23
24
25
26
27
28

3

If requested information is subject to a protective order entered by another Court,
then production will only occur with permission of the nonparty, or upon issuance
of an order by the other court that materials covered under that court’s protective
order may be produced. The party to this case will bear the burden of contacting the
nonparty seeking permission, and will not oppose proceedings before the other
court, but the requesting party will bear the burden of seeking approval from the
other court to access the requested materials.
23
STIPULATED PROTECTIVE ORDER

1

determination by the Court. Absent a court order to the contrary, the

2

Nonparty shall bear the burden and expense of seeking protection in

3

this Court of its Protected Material.

4

11.

5

UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL
If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed

6

Protected Material to any person or in any circumstance not authorized under this

7

Stipulated Protective Order, the Receiving Party immediately must (1) notify in

8

writing the Designating Party of the unauthorized disclosures, (2) use its best

9

efforts to retrieve all unauthorized copies of the Protected Material, (3) inform the

10

person or persons to whom unauthorized disclosures were made of all the terms of

11

this Stipulated Protective Order, and (4) request such person or persons to execute

12

the “Acknowledgment and Agreement to be Bound” (Exhibit A).

13

12.

INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE

14

PROTECTED MATERIAL

15

When a Producing Party gives notice to Receiving Parties that certain

16

inadvertently produced material is subject to a claim of privilege or other

17

protection, the obligations of the Receiving Parties are those set forth in Federal

18

Rule of Civil Procedure 26(b)(5)(B). This provision is not intended to modify

19

whatever procedure may be established in an e-discovery order that provides for

20

production without prior privilege review. Pursuant to Federal Rule of Evidence

21

502(d) and (e), insofar as the parties reach an agreement on the effect of disclosure

22

of a communication or information covered by the attorney-client privilege or work

23

product protection, the parties may incorporate their agreement in the Stipulated

24

Protective Order submitted to the Court.

25

13.

26
27
28

MISCELLANEOUS
13.1. Right to Further Relief.
Nothing in this Stipulated Protective Order abridges the right of
any person to seek its modification by the Court in the future.
24
STIPULATED PROTECTIVE ORDER

1
2

13.2. Right to Assert Other Objections.
By stipulating to the entry of this Stipulated Protective Order, no

3

Party waives any right it otherwise would have to object to disclosing

4

or producing any information or item on any ground not addressed in

5

this Stipulated Protective Order. Similarly, no Party waives any right

6

to object on any ground to use in evidence of any of the material

7

covered by this Stipulated Protective Order.

8
9

13.3. Filing Protected Material.
A Party that seeks to file under seal any Protected Material must

10

comply with Local Rule 79-5. Protected Material may only be filed

11

under seal pursuant to a court order authorizing the sealing of the

12

specific Protected Material at issue. If a Party's request to file

13

Protected Material under seal is denied by the Court, then the

14

Receiving Party may file the information in the public record unless

15

otherwise instructed by the Court.

16
17

13.4. Export Control.
Absent agreement, a Party’s Designated Material must be stored

18

and maintained by a receiving Party at a location in the United States

19

and in a secure manner that ensures that access is limited to persons

20

authorized under this Order. Absent agreement, Designated Material

21

may not be exported outside the United States or released to any

22

foreign national (even if within the United States), unless the foreign

23

national (1) is a Green Card holder, (2) working in the United States

24

pursuant to an H-1B visa sponsored by the receiving Party’s law firm,

25

or (3) directly employed by the receiving Party’s law firm to provide

26

support or legal representation to the firm’s clients and who are

27

otherwise unaffiliated with the receiving Party. Should any

28

Designated Material be subject to expert outside of the United States
25
STIPULATED PROTECTIVE ORDER

1

upon agreement of the parties, the receiving party shall comply with

2

such laws and agrees not to knowingly export, re-export or transfer the

3

Designated Material of the producing party without first obtaining all

4

required United States or any other applicable authorizations or

5

licenses.

6
7

13.5 Preparation or Prosecution of a Patent Application
Absent obtaining written consent from the designating Party,

8

any attorney representing a Party and any person associated or

9

affiliated with the Party and permitted to receive the other Party’s

10

Protected Material that is designated CONFIDENTIAL and/or

11

HIGHLY CONFIDENTIAL SOURCE CODE (collectively “Highly

12

Sensitive Material”), who actually learns of, in whole or in part, the

13

other Party’s Highly Sensitive Material directed to technical

14

information relevant to this case, but excluding financial data or non-

15

technical business information under this Order, unless such Highly

16

Sensitive Material becomes publicly disclosed or otherwise known,

17

shall not prepare, prosecute, supervise, or assist in the preparation or

18

prosecution of any patent application or patent claims pertaining to the

19

claimed subject matter in United States Patent Nos. 6,442,573,

20

9,203,930, and 9,654,562 and any patent or application claiming

21

priority to the patents asserted in this Action (collectively the “Field of

22

Invention”) during the pendency of this Action and for two (2) years

23

after its conclusion, including any appeals. For purposes of this

24

paragraph, “prosecution” includes any activity related to (i) the

25

preparation or prosecution (for any person or entity) of patent

26

applications, including among others reexamination and reissue

27

applications or (ii) directly or indirectly participating, drafting,

28

amending, advising, or otherwise affecting the scope or maintenance
26
STIPULATED PROTECTIVE ORDER

1

of patent claims within, for example, original prosecution, reissue,

2

inter partes review, post grant review, covered business method

3

review and reexamination proceedings. For the avoidance of doubt,

4

this paragraph does not prohibit any person from challenging a patent

5

in inter partes review or other post-grant proceeding nor does it

6

prohibit counsel for a Party from participating in and representing such

7

Party in any inter partes review or other post-grant proceeding,

8

provided they do not participate in amending any claims. To ensure

9

compliance with the purpose of this provision, each Party shall create

10

an “Ethical Wall” between those persons with access to Highly

11

Sensitive Material and any individuals who, on behalf of the Party or

12

its acquirer, successor, predecessor, or other affiliate, prepare,

13

prosecute, supervise or assist in the preparation or prosecution of any

14

patent application pertaining to the Field of Invention.

15
16

14.

FINAL DISPOSITION
After the final disposition of this Action, within sixty (60) days of a written

17

request by the Designating Party, each Receiving Party must return all Protected

18

Material to the Producing Party or destroy such material. As used in this

19

subdivision, “all Protected Material” includes all copies, abstracts, compilations,

20

summaries, and any other format reproducing or capturing any of the Protected

21

Material. Whether the Protected Material is returned or destroyed, the Receiving

22

Party must submit a written certification to the Producing Party (and, if not the

23

same person or entity, to the Designating Party) by the 60-day deadline that

24

(1) identifies (by category, where appropriate) all the Protected Material that was

25

returned or destroyed and (2) affirms that the Receiving Party has not retained any

26

copies, abstracts, compilations, summaries or any other format reproducing or

27

capturing any of the Protected Material. Notwithstanding this provision, Counsel is

28

entitled to retain an archival copy of all pleadings; motion papers; trial, deposition,
27
STIPULATED PROTECTIVE ORDER

1

and hearing transcripts; legal memoranda; correspondence; deposition and trial

2

exhibits; expert reports; attorney work product; and consultant and expert work

3

product, even if such materials contain Protected Material. Any such archival

4

copies that contain or constitute Protected Material remain subject to this Stipulated

5

Protective Order as set forth in Section 5.

6

15.

7

VIOLATION
Any violation of this Stipulated Order may be punished by any and all

8

appropriate measures including, without limitation, contempt proceedings and/or

9

monetary sanctions.
IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

10
11
12

Dated: October 23, 2020

MUNCK WILSON MANDALA, LLP
By: /s/ Gary A. Hecker
Gary A. Hecker, Esq.
Counsel for Plaintiff
CEIVA LOGIC, INC.

Dated: October 23, 2020

FENWICK & WEST LLP

13
14
15
16
17

By: /s/ Ravi R. Ranganath
Ravi R. Ranganath
Counsel for Defendant
AMAZON.COM, INC.

18
19
20
21
22
23

FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.
Dated:10/26/20
Maria A. Audero
United States Magistrate Judge

24
25
26
27
28
28

STIPULATED PROTECTIVE ORDER

1

EXHIBIT A

2

ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND

3

I,

4

[full name], of
[address], declare under penalty of perjury that I have read in its

5

entirety and understand the Stipulated Protective Order that was issued by the

6

United States District Court for the Central District of California on

7

[date] in the case of

8

[case name and number]. I agree to comply with and to be bound by all the terms

9

of this Stipulated Protective Order, and I understand and acknowledge that failure

10

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

11

contempt. I solemnly promise that I will not disclose in any manner any

12

information or item that is subject to this Stipulated Protective Order to any person

13

or entity except in strict compliance with the provisions of this Stipulated Protective

14

Order.

15

I further agree to submit to the jurisdiction of the United States District Court

16

for the Central District of California for the purpose of enforcing the terms of this

17

Stipulated Protective Order, even if such enforcement proceedings occur after

18

termination of this action. I hereby appoint

19

of

20

as my California agent for service of process in connection with this action or any

21

proceedings related to enforcement of this Stipulated Protective Order.

[full name]
[address and telephone number]

22
23

Signature:

24

Printed Name:

25

Date:

26

City and State Where Sworn and Signed:

27
28
29
STIPULATED PROTECTIVE ORDER

1
2

ATTESTATION REGARDING E-SIGNATURES
Pursuant to Local Rule 5-4.3.4, I hereby attest that I have obtained

3

concurrence in the filing of this document from each signatory whose signature is

4

indicated by a conformed signature (/s/) within this e-filed document.

5
6

By:

/s/ Gary A. Hecker
Gary A. Hecker

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
30
STIPULATED PROTECTIVE ORDER

1

CERTIFICATE OF SERVICE

2

I certify that on October 23, 2020, I electronically filed the foregoing Stipulated

3

Protective Order with the Clerk of Court using the CM/ECF system which will send

4

notification of such filing to all counsel and parties of record.

5

Dated: October 21, 2020

6

By: /s/ Sarabi Rodriguez
Sarabi Rodriguez

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
31
STIPULATED PROTECTIVE ORDER