Motorola Mobility, Inc. v. Apple, Inc.

Filing 202

Joint MOTION to Amend/Correct 69 Protective Order by Apple, Inc.. Responses due by 12/30/2011 (Pace, Christopher)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF FLORIDA
CASE NO.: 1:10-CV-23580-RNS

MOTOROLA MOBILITY, INC.,
Plaintiff,
v.
APPLE INC.,
Defendant.

APPLE INC.,
Counterclaim-Plaintiff,
v.
MOTOROLA, INC. and
MOTOROLA MOBILITY, INC.,
Counterclaim-Defendants.

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JOINT [PROPOSED] ADDENDUM TO THE PROTECTIVE ORDER
Pursuant to Federal Rules of Civil Procedure 26(c) and in order to facilitate
production and receipt of information from non-party Google Inc. (“Google”) during discovery
in the above-referenced action, Defendant and Counterclaim-Plaintiff Apple Inc. (“Apple”) and
Google hereby respectfully move for entry of the following addendum to the Joint Protective
Order, entered by the Court on March 23, 2011 (collectively referred to herein as the “Protective
Order”). Plaintiffs and Counterclaim-Defendants Motorola Solutions, Inc. (f/k/a Motorola, Inc.)
and Motorola Mobility, Inc. do not oppose this addendum.

NON-PARTY GOOGLE INC.
29.

The following additional protections shall apply to confidential source code

produced by non-party Google Inc.:
a. The following provisions shall apply to individuals with access to the
confidential source code produced by non-party Google Inc.
i.
No more than a total of 20 individuals identified by the receiving
party shall have access to the secure room in which Google Inc. produces
material designated with the label “CONTAINS CONFIDENTIAL
BUSINESS INFORMATION INCLUDING HIGHLY CONFIDENTIAL
SOURCE CODE”
ii.
No more than a total of 30 individuals identified by the receiving
party shall have access to the printed portions of material produced by
Google Inc. designated with the label “CONTAINS CONFIDENTIAL
BUSINESS INFORMATION INCLUDING HIGHLY CONFIDENTIAL
SOURCE CODE” (except insofar as such code appears in any filing with
the Court or expert report in this case).
b. The Source Code Computer provided by non-party Google shall run a
reasonably current version of Microsoft Windows. Non-party Google shall not be obligated to
install any software that provides an alternate operating system environment within the Microsoft
Windows environment on its Source Code Computer.
c. Non-party Google shall install commercially available software tools for
viewing and searching source code requested by the receiving party’s outside counsel and/or
experts on the Source Code Computer provided by non-party Google, provided, however, that
such other software tools are reasonably necessary for the receiving party to perform its review
of the source code consistent with all of the protection herein. Non-party Google shall not be
obligated to install requested print formatting software or file comparison tool software but
agrees to make reasonable accommodations (such as discarding unwanted pages) to account for
any printing errors.

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d. The receiving party may print only those portions of files that are necessary to
the preparation of its case. In the event that the receiving party believes there is a need to print
more than ten (10) contiguous pages of a file, or more than a total of 100 printed pages of a file,
the burden shall be on the receiving party to demonstrate that such printed portions are no more
than is reasonably necessary for a permitted purpose and not merely printed for the purposes of
review and analysis elsewhere.
e. Prior to the first inspection of any material produced by Google Inc. designated
with the label “CONTAINS CONFIDENTIAL BUSINESS INFORMATION INCLUDING
HIGHLY CONFIDENTIAL SOURCE CODE,” the requesting party shall provide ten (10) days
notice. The requesting party shall provide two (2) days notice prior to any additional inspections
of the same source code files, although Google Inc. will be reasonable in accommodating
requests of less than two (2) days. The receiving party shall identify any individual who will be
given access to the material produced by Google Inc. designated with the label “CONTAINS
CONFIDENTIAL BUSINESS INFORMATION INCLUDING HIGHLY CONFIDENTIAL
SOURCE CODE” at least ten (10) days prior to the first time any such individual is given access
to the source code files, after which time Google Inc. may object to providing access to any
persons so identified. The receiving party shall provide two (2) days notice any time each such
individual is given access to the material produced by Google Inc. designated with the label
“CONTAINS CONFIDENTIAL BUSINESS INFORMATION INCLUDING HIGHLY
CONFIDENTIAL SOURCE CODE” after the first time, although Google Inc. will be reasonable
in accommodating notice of less than two (2) days.
f. The following provisions shall apply to independent expert witnesses and
consultants with access to confidential source code produced by non-party Google Inc.:

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i.
Any independent expert witness or consultant who is approved by
Google Inc. shall not be given access to material produced by Google Inc.
designated with the label “CONTAINS CONFIDENTIAL BUSINESS
INFORMATION INCLUDING HIGHLY CONFIDENTIAL SOURCE
CODE” unless he or she shall have (a) complied with the terms of
paragraph 11 and pursuant to paragraph 29(c) above, and (b) agreed in
writing not to write source code directly intended for commercial purposes
relating to the technical subject matter of the material produced by Google
Inc. designated with the label “CONTAINS CONFIDENTIAL
BUSINESS INFORMATION INCLUDING HIGHLY CONFIDENTIAL
SOURCE CODE” for a period of six (6) months after the issuance of a
final, non-appealable decision resolving all issues in this matter.
ii.
In addition to the prohibition on outside counsel involved in
competitive decision-making on behalf of a party accessing protected
materials in paragraph 10(b) of the Protective Order, no independent
expert witness or consultant shall have access to material produced by
Google Inc. designated with the label “CONTAINS CONFIDENTIAL
BUSINESS INFORMATION INCLUDING HIGHLY CONFIDENTIAL
SOURCE CODE” unless he or she is not involved in competitive-decision
making, as defined by U.S. Steel v. United States, 730 F.2d 1465, 1468
n.3 (Fed. Cir. 1984), on behalf of a party or a competitor of a party in the
technical subject matter of the confidential business information or
material produced by Google Inc. designated with the label “CONTAINS
CONFIDENTIAL BUSINESS INFORMATION INCLUDING HIGHLY
CONFIDENTIAL SOURCE CODE.”
g. For depositions, the receiving party shall not bring copies of any printed
material produced by Google Inc. designated with the label “CONTAINS CONFIDENTIAL
BUSINESS INFORMATION INCLUDING HIGHLY CONFIDENTIAL SOURCE CODE.”
Rather, at least five (5) days before the date of the deposition, the receiving party shall notify
Google Inc. about the specific portions of material produced by Google Inc. designated with the
label “CONTAINS CONFIDENTIAL BUSINESS INFORMATION INCLUDING HIGHLY
CONFIDENTIAL SOURCE CODE” it wishes to use at the deposition, and Google Inc. shall
bring printed copies of those portions to the deposition for use by the receiving party. All paper
copies of material produced by Google Inc. designated with the label “CONTAINS
CONFIDENTIAL BUSINESS INFORMATION INCLUDING HIGHLY CONFIDENTIAL

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SOURCE CODE” brought to the deposition shall be securely destroyed in a timely manner
following the deposition.
30.

Notwithstanding Paragraph 1 of the Protective Order, Protected Materials

produced by non-party Google Inc. designated as “CONFIDENTIAL BUSINESS
INFORMATION SUBJECT TO PROTECTIVE ORDER” or “CONTAINS CONFIDENTIAL
BUSINESS INFORMATION INCLUDING HIGHLY CONFIDENTIAL SOURCE CODE” in
accordance with the provisions of paragraph 2 shall only be used in this matter and not in any
other matter.
Dated: December 12, 2011

Respectfully submitted,

_/s/ Christopher R. J. Pace ____________
Christopher R. J. Pace
[e-mail]
Edward Soto
[e-mail]
WEIL, GOTSHAL & MANGES LLP
1395 Brickell Avenue, Suite 1200
Miami, FL 33131
Telephone: [phone]
Facsimile: [phone]

_/s/ Matthew S. Warren
____________
Amy H. Candido
[e-mail]
QUINN EMANUEL URQUHART &
SULLIVAN, LLP
50 California St. 22nd Floor
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]

Attorneys for Apple Inc.
Of Counsel:
Matthew D. Powers
[e-mail]
Steven Cherensky
[e-mail]
Tensegrity Law Group LLP
201 Redwood Shores Parkway
Redwood Shores, CA 94065
Telephone: [phone]
Facsimile: 650-802-6001

Matthew S. Warren
[e-mail]
QUINN EMANUEL URQUHART &
SULLIVAN, LLP
865 S. Figueroa St. 10th Floor
Los Angeles, CA 90017
Telephone: [phone]
Facsimile: [phone]
Attorneys for Non-Party Google Inc.

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Jill J. Ho
[e-mail]
WEIL, GOTSHAL & MANGES LLP
201 Redwood Shores Parkway
Redwood Shores, CA 94065
Telephone: [phone]
Facsimile: [phone]
Mark G. Davis
[e-mail]
WEIL, GOTSHAL & MANGES LLP
1300 Eye Street, N.W., Suite 900
Washington, DC 20005
Telephone: [phone]
Facsimile: [phone]
Robert T. Haslam
[e-mail]
COVINGTON & BURLING LLP
333 Twin Dolphin Drive, Suite 700
Redwood Shores, CA 94065
Telephone: [phone]
Facsimile: [phone]
Robert D. Fram
[e-mail]
Christine Saunders Haskett
[e-mail]
Samuel F. Ernst
[e-mail]
COVINGTON & BURLING LLP
One Front Street
San Francisco, CA 94111
Telephone: [phone]
Facsimile: [phone]

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CERTIFICATE OF SERVICE
I hereby certify that on December 12, 2011, I filed the foregoing document with the Clerk
of the Court. I also certify that the foregoing document is being served this day on all counsel of
record identified on the attached Service List via email and CM/ECF.

/s/ Christopher R. J. Pace
Christopher R.J. Pace (Fla. Bar No. 0721166)

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SERVICE LIST
Case No. 1:10cv023580-Civ-RNS

Edward M. Mullins
Fla. Bar No. 863920
[e-mail]
ASTIGARRAGA DAVIS MULLINS & GROSSMAN, P.A.
701 Brickell Avenue, 16th Floor
Miami, FL 33131
Telephone: [phone]
Facsimile: [phone]
Attorneys for Motorola Mobility, Inc.
Electronically served via CM/ECF and via email
Of Counsel:
Charles K. Verhoeven
David A. Perlson
Anthony Pastor
QUINN EMANUEL URQUHART & SULLIVAN, LLP
50 California Street, 22nd Floor
San Francisco, CA 93111
[phone]
Raymond N. Nimrod
Edward J. DeFranco
QUINN EMANUEL URQUHART & SULLIVAN, LLP
51 Madison Avenue, 22nd Floor
New York, NY 10010
[phone]
David A. Nelson
QUINN EMANUEL URQUHART & SULLIVAN, LLP
500 West Madison Street, Suite 2450
Chicago, IL 60661
[phone]
[e-mail]
Attorneys for Motorola Mobility, Inc.
Electronically served via email

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