Wireless Recognition Technologies LLC v. A9.com, Inc. et al

Filing 96

Joint MOTION for Protective Order (Entry of) by A9.com, Inc., Amazon.com, Inc., Google, Inc.,, Nokia, Inc., Ricoh Innovations, Inc., Wireless Recognition Technologies LLC. (Attachments: # 1 Exhibit 1-Proposed Protective Order with Competing Proposals, # 2 Exhibit 2-Plaintiff's Proposed Protective Order, # 3 Exhibit 3-Defendants' Proposed Protective Order, # 4 Exhibit 4-Dkt. No. 241 from LTT case, # 5 Exhibit 5-Dkt. No. 169 from LTT case, # 6 Exhibit Dkt. No. 169-1 from LTT case, # 7 Exhibit 7-ST Sales v. Daimler-LEXIS, # 8 Exhibit 8-Yudell Power of Attorney)(Shvodian, Daniel)

EXHIBIT 3

DRAFT
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION
WIRELESS RECOGNITION
TECHNOLOGIES LLC,
Plaintiff,
v.
A9.COM, INC.,
AMAZON.COM, INC.,
GOOGLE, INC.,
NOKIA, INC.
and
RICOH INNOVATIONS, INC.
Defendants.

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

C.A. No. 2:10-cv-00364-TJW-CE

JURY TRIAL DEMANDED

[PROPOSED] STIPULATED PROTECTIVE ORDER
This protective order (“Protective Order”) is issued to expedite the flow of discovery
materials, to facilitate the prompt resolution of disputes over confidentiality of discovery
materials, to adequately protect information the parties are entitled to keep confidential, to ensure
that only materials the parties are entitled to keep confidential are subject to such treatment, and
to ensure that the parties are permitted reasonably necessary uses of such materials in preparation
for and in the conduct of trial, pursuant to Fed. R. Civ. P. 26(c) and any other applicable rule of
this Court. Unless modified or terminated pursuant to the terms contained in this Protective
Order, this Protective Order shall remain in effect through the conclusion of the above-captioned
case.
In support of this Stipulated Protective Order, the Court finds that:
a.

Documents or information containing confidential research, development,

proprietary and competitively sensitive business or commercial information or trade secrets

DRAFT
(“Confidential Information”) that bear significantly on the parties’ claims or defenses are likely
to be disclosed or produced during the course of discovery in the above-captioned cases;
b.

The parties to these litigations assert that public dissemination and disclosure of

Confidential Information could injure or damage the party disclosing or producing the
Confidential Information and could place that party at a competitive disadvantage; and
c.

To protect the respective interests of the parties and to facilitate the progress of

disclosure and discovery in these cases, the following Stipulated Protective Order should issue.

IT IS THEREFORE ORDERED THAT:
1.

Designation of Certain Discovery Material. Documents, excerpts, summaries,

pleadings, reports, declarations, affidavits, testimony, transcripts, physical objects, or other
discovery material containing “Confidential” or “CONFIDENTIAL” Information (as defined in
paragraph 2) disclosed, produced, or otherwise provided by any party in this litigation, and any
non-party (“third party”) from whom discovery is sought in connection with these actions, are
referred to as “Protected Documents.” Except as otherwise indicated below, all information,
documents, or other discovery material designated by the producing party as CONFIDENTIAL,
HIGHLY CONFIDENTIAL – OUTSIDE COUNSEL ONLY (or the variations of paragraph 2.c)
or HIGHLY CONFIDENTIAL – SOURCE CODE and which are disclosed, produced, or
otherwise provided to the attorneys for the other parties to these litigation matters are Protected
Documents and are entitled to confidential treatment as described below.
2.

Protected Documents shall not include: (a) published or publicly disseminated

advertising materials; (b) materials that have been published to the general public; (c) documents
that have been submitted to any governmental entity without request for confidential treatment or

2

DRAFT
that otherwise do not qualify for confidential treatment under applicable governmental laws or
regulations; (d) any information that the receiving party can show by written records was already
known to it prior to the disclosure, provided that it was either (i) received from the producing
party and was not received under an obligation of confidentiality to the producing party, or (ii)
received from a source who obtained the information lawfully and under no obligation of
confidentiality to the producing party; (e) any information that the receiving party can show by
written records was received by it after the disclosure from a source who obtained the
information lawfully and under no obligation of confidentiality to the producing party; (f) any
information that the receiving party can show was independently developed by it after the time
of disclosure by personnel who did not have access to the producing party’s Confidential
information.
a.

A party may designate as CONFIDENTIAL those materials which that

producing party in good faith believes constitute Confidential Information that is used by
it in, or pertaining to, its business, which information is not generally known and which
that party would normally not reveal to third parties or, if disclosed, would require such
third parties to maintain in confidence.

Protected Documents shall qualify for the

CONFIDENTIAL designation if such Protected Documents comprise information that:
(i) has not been made public; (ii) includes trade secret or other confidential research,
development, or commercial information the disclosure of which the disclosing party
reasonably believes could cause harm to the business operations of the disclosing party or
provide improper business or commercial advantage to others; (iii) is protected by a right
to privacy under federal or state law or any other applicable privilege or right related to

3

DRAFT
confidentiality or privacy; and (iv) has not been marked or otherwise designated
CONFIDENTIAL — OUTSIDE COUNSEL ONLY (or the variations of paragraph 2.c).
b.

Any highly confidential information may be designated as HIGHLY

CONFIDENTIAL – OUTSIDE COUNSEL ONLY (or the variations of paragraph 2.c).
Protected Documents shall qualify for the HIGHLY CONFIDENTIAL – OUTSIDE
COUNSEL ONLY (or the variations of paragraph 2.c) designation if such Protected
Documents satisfy the definition of paragraph 2.a hereinabove, and further comprise: (i)
non-public technical information, including schematic diagrams, manufacturing and
engineering drawings, engineering notebooks, specifications, research notes and
materials, technical reference materials, and other non-public technical descriptions
and/or depictions of the relevant technology; (ii) non-public damage-related information
(e.g., the number of products sold, total dollar value of sales products, and profit
margins); (iii) non-public financial information; (iv) customer lists; (v) business and/or
marketing plans; (vi) price lists and/or pricing information; (vii) license or settlement
agreements; and (viii) information obtained from a nonparty pursuant to a current
confidentiality or other type of non-disclosure agreement (“NDA”).
c.

Protected Documents designated CONFIDENTIAL should be so

identified at the time of service of such Protected Documents by including on each page,
or on the front page of each document, the legend “CONFIDENTIAL.” Protected
Documents designated HIGHLY CONFIDENTIAL – OUTSIDE COUNSEL ONLY (or
the variations set forth in this paragraph 2.c) should be so identified at the time of service
of such Protected Documents by including on each page, or on the front page of each

4

DRAFT
document, any of legends “HIGHLY CONFIDENTIAL,” “OUTSIDE COUNSEL
ONLY,” or “HIGHLY CONFIDENTIAL – OUTSIDE COUNSEL ONLY.”
d.

Any documents (including physical objects) made available for inspection

prior to the production of copies of items selected by the requesting party shall initially
be considered, as a whole, designated CONFIDENTIAL (unless otherwise designated at
the time of inspection) and shall be subject to this Order. Thereafter, the producing party
shall have a reasonable time to review and designate any requested documents as
CONFIDENTIAL, HIGHLY CONFIDENTIAL – OUTSIDE COUNSEL ONLY (or the
variations of paragraph 2.c), or HIGHLY CONFIDENTIAL SOURCE CODE prior to
furnishing copies to the receiving party.
3.

Challenge to Designation/No Obligation to Challenge. At any time after the

delivery of Protected Documents, counsel for the party or parties receiving the Protected
Documents may challenge the confidential designation of one or more Protected Documents by
providing written notice thereof to counsel for the party disclosing or producing the Protected
Documents. If, after conferring, the parties cannot reach agreement concerning the matter within
ten (10) business days after the receipt of the notice, then the party requesting the de-designation
of particular items may file and serve a motion for a further order of this Court directing that the
designation shall be so removed. On any such motion, the burden of proof shall lie with the
producing party to establish that the information is, in fact, properly designated as
CONFIDENTIAL, HIGHLY CONFIDENTIAL – OUTSIDE COUNSEL ONLY (or the
variations of paragraph 2.c) or HIGHLY CONFIDENTIAL – SOURCE CODE information. No
party shall be obligated to challenge the propriety of any designation, and failure to do so shall
not preclude a subsequent challenge to the propriety of such designation.

5

DRAFT
4.

Access to Protected Documents.

All Protected Documents are entitled to

confidential treatment pursuant to the terms of this Protective Order until and unless the parties
formally agree in writing to the contrary or a contrary determination is made by the Court as to
whether a Protected Document is entitled to confidential treatment. Protected Documents and
any information contained therein shall not be used or shown, disseminated, or in any way
communicated to anyone for any purpose whatsoever, except for use in the above-captioned
cases.
5.

Subject to the limitations set forth in this Protective Order, Protected Documents

and any information contained therein shall be disclosed only to the following persons
(“Qualified Persons”):
a.

Outside counsel of record in the above-captioned cases;

b.

Employees of such counsel (excluding experts and investigators) and

outside vendors, including e-discovery, graphics, animation, translation, and jury
consultant vendors but not including mock jurors, assigned to and necessary to assist such
counsel in the preparation and trial of these actions, provided such outside vendors agree
to maintain the confidentiality of documents pursuant to this Protective Order by signing
the Agreement attached hereto as Exhibit A;
c.

The Court (including clerks, other Court personnel, and jury members);

d.

Independent experts or consultants (including non-testifying experts or

consultants) that are disclosed and qualified pursuant to the terms of paragraph 25 below;
e.

Only

with

respect

to

Protected

Documents

designated

“CONFIDENTIAL”, for each party, two (2) in-house counsel or in-house personnel of an
in-house legal department whose daily responsibilities focus on legal issues and who are

6

DRAFT
not involved in product development or competitive decision making, provided that such
in-house counsel or in-house personnel have responsibility for managing this litigation
and sign the Agreement attached hereto as Exhibit A, subject to the remaining terms of
this section;
f.

Any court reporter (other than Court personnel referenced in paragraph 5.c

above) or videographer present in his or her official capacity at any hearing, deposition,
or other proceeding in this action, provided that such court reporter or videographer agree
to maintain the confidentiality of documents pursuant to this Protective Order by signing
the Agreement attached hereto as Exhibit A;
g.

Any person who is identified as an author or recipient, including receipt

by copy, of any document, information therein or tangible medium. Such persons shall
be considered “Qualified Persons” solely with respect to the specific document,
information therein, or tangible medium; and
h.

Witnesses for the party producing the document, who have access in the

course of their employment to the document, and who are being examined on the subject
of the document. Parties reserve the right to object and move for protective order to
prevent the disclosure of document(s) to a witness, should such disclosure violate a
corporate policy precluding the witness from gaining access to the document(s).
Except that, paragraph 5.e above shall not apply to Protected Documents designated HIGHLY
CONFIDENTIAL – OUTSIDE COUNSEL ONLY (or the variations of paragraph 2.c) or
HIGHLY CONFIDENTIAL – SOURCE CODE.

In addition, any Protected Documents

designated by a Defendant shall not be provided by the Plaintiff to any other Defendant or
Defendants’ counsel absent explicit agreement from the Defendant designating such information.

7

DRAFT
Counsel for a party may give advice and opinions to his or her client regarding this case based on
his or her evaluation of documents and information designated CONFIDENTIAL or HIGHLY
CONFIDENTIAL – OUTSIDE COUNSEL ONLY (or the variations of paragraph 2.c) received
by the party — provided that such rendering of advice and opinions shall not directly reveal the
content of such Protected Documents and any information contained therein except by prior
written agreement with counsel for the producing party.

Protected Documents and any

information contained therein shall be used solely for the purposes of above-captioned case and
any appeal(s) of this action.
6.

Protected Documents designated HIGHLY CONFIDENTIAL – SOURCE CODE

shall be provided with the following further protections:
a.

HIGHLY CONFIDENTIAL – SOURCE CODE includes human-readable

programming language text that defines software, firmware, or electronic hardware
descriptions (hereinafter referred to as “source code”). Text files containing source code
shall hereinafter be referred to as “source code files.” Source code files include, but are
not limited to files containing source code written in C, C++, Java, assembler, VHDL,
Verilog, SQL, and similar programming languages. Source code files further include
“make” files, “include” files, script files, “link” files, and other human-readable text files
used in the generation and/or building of software directly executed on a microprocessor,
microcontroller, or digital signal processor (DSP). Source code does not include binary
executable files and object code files, nor does it include tools such as compilers or
linkers.1

1

The parties agree that binary executable files, object code files, compilers, and linkers do not
need to be produced. To the extent binary executable files and object code files are required to
8

DRAFT
b.

Treatment of Source Code. To the extent that any party wishes to obtain

access to Confidential Information designated as HIGHLY CONFIDENTIAL –
SOURCE CODE, the following procedures shall apply:
i.

The producing party shall make all relevant and properly requested

source code available for inspection on a stand-alone, non-networked, personal
computer running a reasonably current version of the Microsoft Windows
operating systems (“Source Code Computer”). The Source Code Computer shall
be locked down so that additional peripheral devices cannot be connected to the
Source Code Computer by the Receiving Party. Should it be necessary, the
Source Code Computer may be configured by the producing party to run other
mutually agreed upon operating systems, such as Linux, and software utilities,
which will be provided at the receiving party’s expense, to allow counsel and
experts to view, search, or analyze the source code; provided that such utilities are
reasonable and non-destructive to the source code. The producing party shall
provide the receiving party with information explaining how to start, log on to,
and operate the Source Code Computer in order to access the produced source
code thereon.
ii.

The producing party shall make the source code available

electronically and in text searchable format on the Source Code Computer in a
secure room at either: (1) the U.S. offices of outside counsel for the producing
party; or (2) a secure facility in the U.S. selected by the producing party. The
producing party need not produce source code in executable format absent further
be produced, they shall be afforded the same protection as other “Source Code” defined in this
section.

9

DRAFT
agreement of the parties or order of the Court. The parties agree to cooperate in
good faith such that maintenance of and access to the producing party’s source
code at the foregoing locations shall not unreasonably hinder the receiving party’s
ability to efficiently and effectively conduct the prosecution or defense of this
action.
iii.

In order to verify that its source code has not later been altered, the

producing party may benchmark the materials before they are provided, but shall
not install any keystroke or other monitoring software on the Source Code
Computer.
iv.

If the producing party has additional reasonable security

precautions which are not unduly burdensome on the receiving party’s time and
resources, the receiving party shall comply with such security precautions. If the
parties cannot reach agreement on such additional security provisions, either party
may request the Court to intervene on the matter.
v.

The Source Code Computer shall be made available to a receiving

party for the inspection of source code upon reasonable request from 8 am to 6
pm local time, Monday through Friday (excluding holidays), and other days
and/or times, upon reasonable request until the close of discovery in this action.
Access after hours shall be permitted only on three (3) business days advanced
written notice absent exigent circumstances.
vi.

The source code is to be treated as HIGHLY CONFIDENTIAL—

SOURCE CODE, and the receiving party may not disclose the source code or the
content of the source code to anyone who has not undertaken to abide by the

10

DRAFT
Protective Order. No employee of the receiving party may access or obtain the
source code.

In no case shall any information designated as HIGHLY

CONFIDENTIAL – SOURCE CODE by a Defendant be provided to any other
Defendant or Defendant’s counsel by any party or counsel absent explicit
agreement from the party designating the information.
vii.

No more than three (3) individuals who qualify under paragraph

5.a or paragraph 5.d, above, for the receiving party, may have access to the
Source Code Computer. In addition, no more than five (5) additional attorneys
and/or experts who qualify under paragraph 5.a or paragraph 5.d, above, for the
receiving party, may have access to printed copies of any portion of the producing
party’s source code. For each day that counsel for the receiving party requests a
review of the Source Code Computer, it must give at least two (2) business days
(and at least 48 hours) notice to the counsel for the producing party that it will be
sending individual(s) authorized to review the source code made available on the
Source Code Computer. The receiving party shall identify all individuals who
will be given access to the source code at least ten (10) business days prior to any
inspection, during which time the producing party may object to providing source
code access to any persons so identified, provided that access will not be
unreasonably denied. If an objection to an individual is made by the producing
party, it will be the burden of the requesting party to prove that individual should
be authorized to inspect the producing party’s source code.
viii.

Proper identification of all authorized persons shall be provided

prior to any access to the secure facility or the Source Code Computer. Proper

11

DRAFT
identification is hereby defined as a photo identification card sanctioned by the
government of a U.S. state, by the United States federal government, or by the
nation state of the authorized person’s current citizenship. Access to the secure
facility or the Source Code Computer may be denied, at the discretion of the
producing party, to any individual who fails to provide proper identification.
ix.

The Source Code Computer shall be equipped with a functioning,

high-speed printer to print copies of the source code on watermarked pre-Bates
numbered paper, which shall be provided by the producing party. Counsel for the
producing party will keep the originals of these printed documents, and copies
shall be made for counsel for the receiving party on watermarked paper either at
the time they are requested (if less than 50 pages) or within 48 hours (if more than
50 pages). Counsel for the receiving party may request up to five (5) copies of
printed source code. No more than 10% or 500 pages of the total source code for
any software release, whichever is less, may be in printed form at any one time,
and all printed source code shall be logged by the receiving party as noted in
paragraph 6.b.xiv below. Additionally, the receiving party shall not print any
continuous block of source code that results in more than 10 printed pages. If
necessary, the receiving party may request to print additional pages in excess of
the 500 pages of total source code for a software release, or continuous blocks
that exceed 10 pages, which request the producing party shall not unreasonably
deny.

In addition to other reasonable steps to maintain the security and

confidentiality of the producing party’s source code, printed copies of the source
code maintained by the receiving party must be kept in a secure locked area when

12

DRAFT
not in use. No electronic copies of the source code shall be provided by the
producing party beyond the Source Code Computer. The producing party shall
maintain a Source Code access log identifying, for each and every time any
Source Code is viewed, accessed, or analyzed: (1) the name of each person who
accessed the Source Code; (2) the date and time of access; (3) the length of time
of access: and (4) whether any hard copies of any portion of Source Code were
printed.
x.

The receiving party’s outside counsel of record, experts or

consultants shall maintain and store any paper copies of the source code or any
notes, analyses, or descriptions of source code at their offices in a manner that
prevents duplication of or unauthorized access to the source code, including
without limitation, storing the source code in a secure locked area when not in
use.
xi.

No paper copies shall be made of the printed copies of any portions

of the source code provided by the producing party to the requesting party other
than copies attached to sealed court filings, expert reports, discovery documents,
or to be appropriated used in depositions.
xii.

Except as otherwise provided within this paragraph, the receiving

party will not create electronic images of the source code from the paper copies
for use on a computer (e.g., may not scan the source code to a .PDF or other
image) or otherwise copy, save, and/or store the source code onto any memory
device or drive. The receiving party may only create an electronic copy or image
of selected portions of the source code when relevant and necessary for any

13

DRAFT
pleading, exhibit, testifying expert reports, consulting expert written analyses and
related drafts, discovery document, deposition transcript, or other Court
document, provided that such source code is appropriately marked under this
Order, restricted to those who are entitled to have access to them as specified
herein, and, if filed with the Court, filed under seal in accordance with the Court’s
rules, procedures, and orders. The receiving party may not create an electronic
copy or image of selected portions of the Source Code exceeding five (5) printed
pages of code in a single document unless the electronic copy has been encrypted
using commercially reasonable encryption software including password
protection. The communication and/or disclosure of electronic versions of the
source code shall at all times be limited to individuals who are authorized to see
source code under the provision of this Protective Order. Additionally, all copies
must

be

labeled

HIGHLY

CONFIDENTIAL

–

SOURCE

CODE.

Notwithstanding any of the foregoing, in no event shall the receiving party scan
the paper copy of the source code using optical character recognition (“OCR”)
technology or otherwise seek to render text-searchable any source code. Nor shall
the receiving party seek to communicate electronically any copy of source code,
including through e-mail, FTP, or any other means of electronic communication.
xiii.

No outside electronic devices, including but not limited to laptops,

floppy drives, USB-connectable devices, zip drives, or other hardware shall be
permitted in the secure room. Nor shall any cellular telephones, Blackberries,
personal digital assistants (PDAs), cameras, voice recorders, Dictaphones,
telephone jacks, or other devices be permitted inside the secure room.

14

DRAFT
xiv.

The receiving party’s counsel shall keep a log of all copies of

source code in its possession or in the possession of its retained experts or
consultants, including the names of each recipient of any hard copy of the source
code and when it was provided to that person. A copy of the log must be made
available for inspection by the receiving party at the producing party’s request.
Within thirty (30) days after the issuance of a final, non-appealable decision
resolving all issues in the case, the receiving party must serve upon the producing
party the log and serve upon the producing party all paper copies of the producing
party’s source code as well as documents, pleadings, reports, and notes reflecting
or referring to such source code. In addition, all persons to whom the paper
copies of the source code were provided must certify in writing that all copies of
the source code were returned to the counsel who provided them the information
and that they will make no use of the source code or of any knowledge gained
from the source code in any future endeavor.
xv.

Any expert or consultant retained on behalf of receiving party who

is to be given access to producing party’s produced source code (whether in
electronic form or otherwise) must agree in writing not to perform software
development work directly or indirectly intended for commercial purposes
relating to any functionality covered by the source code reviewed by such expert
or consultant for a period of one year after any substantive involvement in the
case. This shall not preclude such experts or consultants from consulting in future
litigation, so long as such consulting does not involve software development work

15

DRAFT
directly or indirectly intended for commercial purposes relating to any
functionality covered by the source code reviewed by such expert or consultant.
xvi.

Access to and review of the source code shall be strictly for the

purpose of investigating the claims and defenses at issue in the above-captioned
cases. No person shall review or analyze any source code for purposes unrelated
to these cases, nor may any person use any knowledge gained as a result of
reviewing source code in these cases in any other pending or future dispute,
proceeding, or litigation.
xvii.

A receiving party may include excerpts of source code in a

pleading, exhibit, expert report, discovery document, deposition transcript, or
other Court document, provided that such source code is appropriately marked
under this Order, restricted to those who are entitled to have access to them as
specified herein, and, if filed with the Court, filed under seal in accordance with
the Court's rules, procedures and orders.
7.

Limited Access By Certain Deposition Witnesses.

Protected Documents

designated CONFIDENTIAL, HIGHLY CONFIDENTIAL – OUTSIDE COUNSEL ONLY (or
the variations of paragraph 2.c), or HIGHLY CONFIDENTIAL – SOURCE CODE, may be
disclosed to a witness not already allowed access to such information under this Protective Order
only if counsel for the party designating the material as CONFIDENTIAL, HIGHLY
CONFIDENTIAL – OUTSIDE COUNSEL ONLY (or the variations of paragraph 2.c), or
HIGHLY CONFIDENTIAL – SOURCE CODE agrees in writing or on the record, before
disclosure, that the material may be disclosed to the witness. Notwithstanding an agreement to
disclose CONFIDENTIAL, HIGHLY CONFIDENTIAL – OUTSIDE COUNSEL ONLY (or the

16

DRAFT
variations of paragraph 2.c), or HIGHLY CONFIDENTIAL – SOURCE CODE to any witness,
the witness may not copy, take notes on, retain copies of, nor take out of the deposition room any
CONFIDENTIAL, HIGHLY CONFIDENTIAL – OUTSIDE COUNSEL ONLY (or the
variations of paragraph 2.c), or HIGHLY CONFIDENTIAL – SOURCE CODE used or
reviewed at such deposition. The producing party may also require that the transcript and
exhibits not be copied by the witness, and that no notes be made of the transcript or the exhibits.
In the event of disclosure under this paragraph, only the reporter, deponent, his/her counsel, and
persons to whom disclosure may be made, and who are bound by the Protective Order, may be
present during the disclosure or discussion of CONFIDENTIAL, HIGHLY CONFIDENTIAL –
OUTSIDE COUNSEL ONLY (or the variations of paragraph 2.c), or HIGHLY
CONFIDENTIAL – SOURCE CODE Protected Documents. Disclosure of material pursuant to
this paragraph shall not constitute a waiver of the confidential status of the material so disclosed.
8.

Copies. The term “copy” as used herein means any photographic, mechanical or

computerized copy or reproduction of any document or thing, or any verbatim transcript, in
whole or in part, of such document or thing.
9.

Use of Protected Documents at Depositions, Hearings or at Trial. To the extent

that Protected Documents or information contained therein are used in depositions, at hearings,
or at trial, such documents or information shall remain subject to the provisions of this Protective
Order, along with the transcript pages of the deposition testimony and/or trial testimony referring
to the Protected Documents or information contained therein. Any deposition transcript meeting
the appropriate definitions of paragraph 2 hereinabove, in whole or in part, may be designated
CONFIDENTIAL, HIGHLY CONFIDENTIAL – OUTSIDE COUNSEL ONLY (or the
variations of paragraph 2.c), or HIGHLY CONFIDENTIAL – SOURCE CODE by an

17

DRAFT
appropriate statement at the time such testimony is given or thereafter by notifying the other
parties in writing of the portions of such testimony to be so designated within thirty (30) days
from receipt of the deposition transcript. Upon such request, the reporter shall mark the original
and all copies of the transcript as designated. Unless the parties otherwise agree, the entire
transcript of all such depositions shall be deemed designated as HIGHLY CONFIDENTIAL –
OUTSIDE COUNSEL ONLY (or the variations of paragraph 2.c) for thirty (30) days from
receipt of the transcript. Any portions so designated shall thereafter be treated in accordance
with the terms of this Protective Order. If a party chooses to designate deposition testimony later
than the 30 day period, it must do so with written notice. The party receiving the written notice
will treat the deposition testimony per the designation under this Protective Order. Any use of
the testimony or submission of such testimony to the Court prior to the late designation need not
be retracted. Nothing in this paragraph shall prevent the receiving party from objecting to the
designation, following the procedures and burdens of proof otherwise set forth herein for
objecting to confidentiality designations.
10.

Any court reporter or transcriber who reports or transcribes testimony in this

action shall agree that all Confidential Information designated as such under this Protective
Order shall remain confidential and shall not be disclosed by them, except pursuant to the terms
of this Protective Order.
11.

Related Material. The restrictions on the use of Protected Documents established

by this Protective Order shall extend to:
a.

Briefs, memoranda or other writings filed with the Court and exhibits

thereto that contain or reflect the content of any such Protected Documents provided that
such writings are designated as CONFIDENTIAL, HIGHLY CONFIDENTIAL –

18

DRAFT
OUTSIDE COUNSEL ONLY (or the variations of paragraph 2.c), or HIGHLY
CONFIDENTIAL – SOURCE CODE as provided for by paragraphs 2 and 6 hereto on at
least the first page of the writing; and
b.

All copies, extracts and complete or partial summaries prepared from such

Protected Documents.
12.

Filings Under Seal.

All transcripts of depositions, exhibits, answers to

interrogatories, pleadings, briefs, and other documents submitted to the Court which have been
designated as CONFIDENTIAL, HIGHLY CONFIDENTIAL – OUTSIDE COUNSEL ONLY
(or the variations of paragraph 2.c), or HIGHLY CONFIDENTIAL – SOURCE CODE or which
contain information so designated shall be filed under seal. The filing party shall be responsible
for informing the Clerk of the Court that the filing should be sealed and for placing the legend
“FILED UNDER SEAL PURSUANT TO PROTECTIVE ORDER” above the caption and
conspicuously on each page of the filing. Exhibits to a filing shall conform to the labeling
requirements set forth in this Order. If a pretrial pleading filed with the Court, or an exhibit
thereto, discloses or relies on Confidential Information, the portions of the pleading having such
Confidential Information shall be redacted to the extent necessary and the pleading or exhibit
filed publicly with the Court.
13.

Financial Summaries. For the mutual convenience of the parties, Defendants may

generate certain financial summaries for the purpose of the above-captioned cases. To the extent
Defendants produce such financial summaries in a native format (e.g., a Word, Excel, or other
native file), or to the extent Plaintiff puts any such financial summary or the information from
any such financial summary into a document in a native format, Plaintiff shall password protect
that document on an encrypted media. All such financial summaries are to be designated

19

DRAFT
HIGHLY CONFIDENTIAL – OUTSIDE COUNSEL ONLY (or the variations of paragraph
2.c). To the extent that any such financial summaries are transmitted from or to authorized
recipients outside of the receiving party’s counsel’s office, the transmission shall be by email or
by hand (and encrypted if in electronic format), or by a secure transport carrier (e.g., Federal
Express).
14.

Subpoenas or Court Orders to Compel Disclosure of Protected Documents. If a

receiving party is served with a subpoena or court order that would compel disclosure of any
information, documents or things designated in this action as CONFIDENTIAL, HIGHLY
CONFIDENTIAL – OUTSIDE COUNSEL ONLY (or the variations of paragraph 2.c), or
HIGHLY CONFIDENTIAL – SOURCE CODE, the receiving party must so notify the
producing party in writing (by fax or email) promptly as soon as reasonably possible and in any
event, before any compliance under such subpoena or court order is requested or required. Such
notification must include a copy of the subpoena or order. The receiving party must also
immediately inform in writing the party who caused the subpoena or order to issue that some or
all of the documents covered by the subpoena or order is the subject of this Protective Order. In
addition, the receiving party must deliver a copy of this Protective Order promptly to the party in
the other action that caused the subpoena or order to issue. The purpose of imposing these duties
is to alert the interested parties to the existence of this Protective Order and to afford the
producing party in these cases an opportunity to protect its confidentiality interests in the court
from which the subpoena or order issued. The producing party shall bear the burdens and the
expenses of seeking protection in that court of its designated material.

Nothing in these

provisions should be construed as authorizing or encouraging a receiving party in this action to
disobey a lawful directive from another court.

20

DRAFT
15.

Inadvertent Failure to Designate.

Inadvertent or unintentional production of

documents or information containing Confidential Information which are not designated
CONFIDENTIAL, HIGHLY CONFIDENTIAL – OUTSIDE COUNSEL ONLY (or the
variations of paragraph 2.c), or HIGHLY CONFIDENTIAL – SOURCE CODE shall not be
deemed a waiver in whole or in part of a claim for confidential treatment. Upon request by the
producing party, the receiving party shall reasonably, at receiving party’s option, either return or
destroy all copies of such inadvertently produced document(s). The producing party shall have
the opportunity to reproduce or designate the returned documents with any of the aforementioned
designations. The return of documents or information will not operate as an admission by the
receiving party that any particular CONFIDENTIAL, HIGHLY CONFIDENTIAL – OUTSIDE
COUNSEL ONLY (or the variations of paragraph 2.c), or HIGHLY CONFIDENTIAL –
SOURCE CODE contains or reflects trade secrets or any other type of confidential or proprietary
information. Nothing herein shall prevent the receiving party from challenging the propriety of
the designation of the documents by submitting a written challenge to the Court.
16.

Inadvertent Disclosure of Privileged Materials.

Inspection or production of

documents (including physical objects) shall not constitute a waiver of the attorney-client
privilege or work product immunity or any other applicable privilege or immunity from
discovery if, as soon as reasonably possible after the producing party becomes aware of any
inadvertent or unintentional disclosure, the producing party designates any such documents as
within the attorney-client privilege or work product immunity or any other applicable privilege
or immunity, promptly requests return of such documents to the producing party in writing, and
provides a privilege log for such inadvertently or unintentionally produced documents. Upon
request by the producing party, the receiving party shall gather and return all copies of such

21

DRAFT
inadvertently produced document(s), except for any pages that contain, constitute or reflect
attorney work product or attorney-client privileged communications, which pages shall instead
be destroyed and certified as such to the producing party. If the receiving party contests the
privilege or work product designation by the producing party, the receiving party shall give the
producing party written notice of the reason for the disagreement and shall retain one copy of the
disputed document for use in resolving the dispute. In such case, the receiving party shall seek
an Order from the Court compelling the production of the material. If no such Order is sought
within thirty (30) days, then all copies of the disputed document shall be returned in accordance
with this paragraph. Absent a Court Order to the contrary, the parties hereby agree and stipulate
that any privilege or immunity that was originally present will remain intact once any such
document is returned or confirmed as destroyed by the recipient.
17.

No Effect on Federal Rules of Civil Procedure. Nothing herein shall alter or

change in any way the discovery provisions of the Federal Rules of Civil Procedure or the
Federal Rules of Evidence. Identification of any individual pursuant to this Protective Order
does not make that individual available for deposition or any other form of discovery outside of
the restrictions and procedures of the Federal Rules of Civil Procedure, and the Local Court
Rules of the United States District Court for the Eastern District of Texas.
18.

Advertising or Sale of Protected Documents Prohibited. The party or parties

receiving Protected Documents shall not under any circumstances sell, offer for sale, advertise,
or publicize Protected Documents or any information contained therein.
19.

Termination and Disposition Upon Conclusion. The provisions of this Protective

Order may not be modified, waived, or terminated except by the written stipulation of counsel or
order of the Court. After termination of these litigations, the provisions of this Protective Order

22

DRAFT
shall continue to be binding, except with respect to those documents and information that
become a matter of public record. This Court retains and shall have continuing jurisdiction over
the parties and recipients of the Protected Documents for enforcement of the provisions of this
Protective Order following termination of the above-captioned cases.
20.

Each of the Parties shall retain the right to file a motion with the Court (i) to

modify this Order to allow disclosure of Protected Documents to additional persons or entities if
reasonably necessary to prepare and present this action and (ii) to apply for additional protection
of Protected Documents.
21.

Except as otherwise provided in paragraph 6.b.xiv above, within sixty (60)

calendar days, after termination of this action, including any appeals, all persons and entities
(including experts and consultants) who received Protected Documents shall either destroy or
return all Protected Documents to the counsel for the party or parties disclosing or producing the
Protected Documents.

The choice of whether Protected Documents should be returned or

destroyed shall be made by the receiving party. As used in this paragraph, “all Protected
Documents” includes all copies, abstracts, compilations, summaries or any other form of
reproducing or capturing of any of the Protected Documents. The receiving party shall certify the
return or destruction of such Protected Documents to the producing party, upon the producing
party’s request. Notwithstanding this provision, Counsel of Record may retain an archival copy
of all pleadings, motion papers, any documents or materials filed or used in court, exhibits
offered or introduced into evidence at trial, legal memoranda, correspondence, or attorney work
product, even if such materials contain Protected Documents. Counsel of Record may also retain
an archival copy of deposition transcripts (including exhibits) of the current and former
employees and experts of the party that each respective Counsel of Record represents, expert

23

DRAFT
reports (including exhibits) produced by the experts of the party that each respective Counsel of
Record represents, and discovery requests and responses (including exhibits) produced by the
party that each respective Counsel of Record represents, even if such materials contain Protected
Documents. Each Defendant may retain an archived copy of deposition transcripts (including
exhibits) of its own current and former employees and experts, but only to the extent that such
materials do not contain any Protected Documents of another Defendant. Any such archival
copies that contain or constitute Protected Documents remain subject to this Protective Order as
set forth in paragraph 19 above and shall be maintained in confidence by the party retaining the
materials, subject to paragraph 5. Notwithstanding the foregoing, outside counsel of record
receiving Protected Documents are not required to delete information that may reside on their
respective firm’s electronic disaster recovery systems which are overwritten in the normal course
of business. However, outside counsel receiving Protected Documents agree that no Protected
Documents marked CONFIDENTIAL, HIGHLY CONFIDENTIAL – OUTSIDE COUNSEL
ONLY (or the variations of paragraph 2.c) or HIGHLY CONFIDENTIAL – SOURCE CODE
shall intentionally be retrieved from the electronic disaster recovery systems after termination of
this action by dismissal, judgment, or settlement.

In the event Protected Documents are

inadvertently retrieved through use of the electronic disaster recovery systems for another
purpose, such materials shall be destroyed or promptly returned.
22.

Others Bound by Order. This Protective Order shall be binding upon the parties

and their attorneys, successors, executors, personal representatives, administrators, heirs, legal
representatives, assigns, subsidiaries, divisions, employees, agents, independent contractors, or
other persons or organizations over which they have control.

24

DRAFT
23.

Exclusion Relating to Patent Prosecution.

All discovery material exchanged

among the parties in this action shall be used solely for prosecution and defense of the claims in
the above-captioned cases and shall not be used for any business, commercial, competitive,
personal or other purpose. Moreover, any person who obtains, receives, or otherwise learns, in
whole or in part, any information designated as HIGHLY CONFIDENTIAL – OUTSIDE
COUNSEL ONLY (or the variations of paragraph 2.c) or HIGHLY CONFIDENTIAL –
SOURCE CODE shall not be involved directly or indirectly (e.g., by advising) in any of the
following activities: preparing, prosecuting, drafting, editing, and/or amending of patent
applications, specifications, claims, and/or responses to office actions (including reissue,
reexamination, and certificates of correction) relating to the patents-in-suit, the subject matter
disclosed in the patents-in-suit, and/or the products and technology accused in the abovecaptioned cases, before any foreign or domestic agency, including the United States Patent and
Trademark Office, for a period ending three (3) years after the final resolution of these cases.
This bar is not intended to preclude counsel from participating in reexamination proceedings on
behalf of a party challenging the validity of a patent, where counsel will not be involved in
crafting claims, but it is intended to preclude counsel from participating directly or indirectly in
reexamination proceedings on behalf of a patentee.
24.

Third Parties. This Protective Order shall afford all third parties who produce any

Protected Documents the same protections afforded to the parties to the above-captioned cases.
Specifically, third parties shall be entitled to mark any documents CONFIDENTIAL, HIGHLY
CONFIDENTIAL – OUTSIDE COUNSEL ONLY (or the variations of paragraph 2.c), or
HIGHLY CONFIDENTIAL – SOURCE CODE and shall also be able to designate any
deposition testimony CONFIDENTIAL, HIGHLY CONFIDENTIAL – OUTSIDE COUNSEL

25

DRAFT
ONLY (or the variations of paragraph 2.c), or HIGHLY CONFIDENTIAL – SOURCE CODE.
The parties to these actions will treat such marked information per the terms of this Protective
Order. To the extent applicable, the remaining provisions of this Protective Order shall apply to
third parties, including the designation HIGHLY CONFIDENTIAL – SOURCE CODE. A third
party’s use of this Protective Order to protect its CONFIDENTIAL, HIGHLY CONFIDENTIAL
– OUTSIDE COUNSEL ONLY (or the variations of paragraph 2.c), or HIGHLY
CONFIDENTIAL – SOURCE CODE documents does not entitle that third party access to such
documents produced by any party in the above-captioned cases. A copy of this Protective Order
shall be served along with any subpoena served in connection with this action.
a. If Protected Documents sought by a receiving party are subject to a confidentiality
obligation of the producing party to a third party, the producing party shall
promptly request permission from such third party to produce the requested
Protected Documents and shall provide a copy of this Protective Order to the third
party. If the third party does not consent to production of the requested Protected
Documents, then the producing party shall promptly give notice to the receiving
party of the third party’s lack of consent, and the receiving party may make a
motion to the Court for an order compelling production of the requested Protected
Documents.

A producing party is not required to produce such Protected

Documents unless and until the third party provides consent or the Court issues an
order compelling production of the requested Protected Documents. A producing
party producing Protected Documents subject to a confidentiality obligation to a
third

party

may

designate

the

26

Protected

Documents

as

HIGHLY

DRAFT
CONFIDENTIAL

–

OUTSIDE

COUNSEL

ONLY

or

HIGHLY

CONFIDENTIAL – SOURCE CODE.
25.
party

Access to Protected Documents by Experts or Consultants. Before counsel for a

receiving

Protected

Documents

may

disclose

any

such

material

designated

CONFIDENTIAL, HIGHLY CONFIDENTIAL – OUTSIDE COUNSEL ONLY (or the
variations of paragraph 2.c), and/or HIGHLY CONFIDENTIAL – SOURCE CODE to a
proposed expert or consultant:
a.

Counsel shall provide a copy of this Protective Order to such person, who

shall sign the Agreement attached hereto as Exhibit A; and
b.

At least ten (10) business days before the first such disclosure, counsel for

the receiving party shall notify the producing party in writing of the intent to disclose
CONFIDENTIAL, HIGHLY CONFIDENTIAL – OUTSIDE COUNSEL ONLY (or the
variations of paragraph 2.c), and/or HIGHLY CONFIDENTIAL – SOURCE CODE
discovery material to such person. The notice shall include a copy of the Agreement
attached hereto as Exhibit A signed by the person and shall identify his or her title, job
responsibilities and affiliation(s), if any, with the receiving party. The notice shall also
include a copy of such person’s most recent curriculum vitae, which shall include an
identification of all such person’s post-college employment relationships, and a list of
other cases in which the individual has testified (at trial or deposition) within the last four
years.
c.

If the producing party objects to the disclosure of CONFIDENTIAL,

HIGHLY CONFIDENTIAL – OUTSIDE COUNSEL ONLY (or the variations of
paragraph 2.c), or HIGHLY CONFIDENTIAL – SOURCE CODE material to such

27

DRAFT
person, the producing party shall notify counsel for the receiving party in writing of the
producing party’s objection(s) to such disclosure within ten (10) business days of
receiving notice of intent to disclose. Any objection must be made for good cause,
stating with particularity the reasons for the objection.

Should the receiving party

disagree with the basis for the objection(s), the parties must first attempt to resolve the
objection(s) informally. If the informal efforts do not resolve the dispute within ten (10)
business days, the receiving party may file a motion requesting that the objection(s) be
quashed after that ten (10) day period has passed. The producing party shall have the
burden of proof by a preponderance of the evidence on the issue of the sufficiency of the
objection(s). Pending a ruling by the Court upon any such objection(s), the discovery
material shall not be disclosed to the person objected to by the producing party.
26.

Party’s Own Information. The restrictions on the use of Protected Documents

established by this Protective Order are applicable only to Protected Documents received by a
party from another party or from a non-party as a direct result of these cases. A party is free to
do whatever it desires with its own Protected Documents.
27.

Modifications in Writing. Nothing herein shall prevent disclosure beyond the

terms of this Protective Order if counsel for the designating party consents in writing or on the
record to such disclosure, or if the Court, after notice to all affected parties, orders such
disclosure.

Any particular consent given under this Protective Order with respect to

confidentiality of the particular document shall not be deemed a general waiver of any other
designation.
28.

Violation of this Protective Order. Any Party knowing or believing that any other

party is in violation of or intends to violate this Order and has raised the question of violation or

28

DRAFT
potential violation with the opposing party and has been unable to resolve the matter by
agreement may move the Court for such relief as may be appropriate in the circumstances.
Pending disposition of the motion by the Court, the Party alleged to be in violation of or
intending to violate this Order shall discontinue the performance of and/or shall not undertake
the further performance of any action alleged to constitute a violation of this Order.
29.

Notice.

All notices required by this Protective Order are to be served via

facsimile or email to the attorney(s) for each of the Defendants and Plaintiff listed in the
signature block below for each party.
30.

Privilege Unaffected.

Nothing in this Order shall be construed to effect an

abrogation, waiver or limitation of any kind on the rights of each of the Parties to assert any
applicable discovery or trial privilege.
31.

Production Format. The parties shall produce all documents, whether deemed

Protected Documents or otherwise, in the TIFF electronic format with a load file – specifically a
form that preserves the page breaks between documents and otherwise allows separate
documents to be identified. The parties further agree that the parties do not need to perform
optical character recognition (OCR) on the foregoing electronically produced files prior to their
production.

Notwithstanding the foregoing, if by their nature, certain documents are best

viewable in their native formats (e.g., financial documentation), a party may choose to produce
such documents in their respective native formats and will accommodate the requesting party’s
requests to produce such documents in their respective native formats, so long as the burden is
not cumulative or overly burdensome. Each party shall make every attempt to work in good
faith in order to accommodate the technical or other feasibility requirements of the requesting
party with respect to the format of produced documents, so long as such requests are reasonable,

29

DRAFT
provide sufficient time, and are not duplicative, burdensome or financially unreasonable to
accommodate.

ACCEPTED AND AGREED:
/s/ Cameron H. Tousi
Cameron H. Tousi (pro hac vice)
Virginia State Bar No.: 43668
ALBRECHT TOUSI & FARNUM PLLC
1701 Pennsylvania Ave, NW Ste 300
Washington, D.C. 20006
Tel: [phone]
Fax: [phone]
Email: [e-mail]

/s/
Michael C. Smith
Michael C. Smith
Texas State Bar No. 18650410
SIEBMAN, BURG, PHILLIPS & SMITH, LLP
P.O. Box 1556
Marshall, TX 75671-1556
Telephone: [phone]
Facsimile: 972.767.4620
E-mail: [e-mail]

William E. Davis, III
Texas State Bar No. 24047416
THE DAVIS FIRM P.C.
111 W. Tyler St.
Longview, TX 75601
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]

James F. Valentine (pro hac vice)
California State Bar No. 149269
Daniel T. Shvodian (pro hac vice)
California State Bar No. 184576
PERKINS COIE LLP
3150 Porter Drive
Palo Alto, CA 94304
Telephone: [phone]
Facsimile: 650.838.4350
E-mail: [e-mail]
E-mail: [e-mail]

ATTORNEYS FOR PLAINTIFF
WIRELESS RECOGNITION
TECHNOLOGIES LLC

ATTORNEYS FOR DEFENDANTS
A9.COM, INC. AND AMAZON.COM, INC.

30

DRAFT
/s/
Michael C. Smith
Michael C. Smith
Texas State Bar No. 18650410
SIEBMAN, BURG, PHILLIPS & SMITH, LLP
P.O. Box 1556
Marshall, TX 75671-1556
Telephone: [phone]
Facsimile: 972.767.4620
E-mail: [e-mail]
James F. Valentine (pro hac vice)
California State Bar No. 149269
Daniel T. Shvodian (pro hac vice)
California State Bar No. 184576
PERKINS COIE LLP
3150 Porter Drive
Palo Alto, CA 94304
Telephone: [phone]
Facsimile: 650.838.4350
E-mail: [e-mail]
E-mail: [e-mail]
ATTORNEYS FOR DEFENDANT
GOOGLE INC.

31

DRAFT
/s/
Michael C. Smith
Michael C. Smith
Texas State Bar No. 18650410
SIEBMAN, BURG, PHILLIPS & SMITH, LLP
P.O. Box 1556
Marshall, TX 75671-1556
Telephone: [phone]
Facsimile: 972.767.4620
E-mail: [e-mail]
Robert F. Perry (pro hac vice)
Allison H. Altersohn (pro hac vice)
KING & SPALDING LLP
1185 Avenue of the Americas
New York, NY 10036
Telephone: [phone]
Facsimile: 212.556.2222
E-mail: [e-mail]
E-mail: [e-mail]
ATTORNEYS FOR DEFENDANT
NOKIA INC.

32

DRAFT
/s/
Michael E. Jones
Michael E. Jones
Texas State Bar No. 18650410
Allen Franklin Gardner
POTTER MINTON P.C.
110 N. College
Suite 500
P.O. Box 359
Tyler, TX 75710-0359
Telephone: [phone]
Facsimile: 903.593.0846
E-mail: [e-mail]
E-mail: [e-mail]
Mark D. Rowland (pro hac vice)
ROPES & GRAY
1900 University Avenue, 6th Floor
East Palo Alto, CA 94303-2284
Telephone: [phone]
Facsimile: 650.566.4144
E-mail: [e-mail]

ATTORNEYS FOR DEFENDANT
RICOH INNOVATIONS, INC.

33

DRAFT
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION
WIRELESS RECOGNITION
TECHNOLOGIES LLC,
Plaintiff,
v.
A9.COM, INC.,
AMAZON.COM, INC.,
GOOGLE, INC.,
NOKIA, INC.
and
RICOH INNOVATIONS, INC.
Defendants.

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

C.A. No. 2:10-cv-00364-TJW-CE

JURY TRIAL DEMANDED

EXHIBIT A
ACKNOWLEDGEMENT AND AGREEMENT
TO BE BOUND BY PROTECTIVE ORDER
I, ________________________________________, declare that:
1.

My present residential address is ______________________________________

___________________________________________.
2.

My present employer is ________________________________________ and the

address of my present employer is _________________________________________________.
3.

My present occupation or job description is ______________________________

_____________________________________________________________________________.
4

I certify my understanding that the Protected Documents and information are

being provided to me pursuant to the terms and restrictions of the Protective Order, and that I

DRAFT
have been given a copy of and have read and understood my obligations under that Protective
Order. I hereby agree to be bound by the terms of the Protective Order. I clearly understand that
the Protected Documents and information, and my copies or notes relating thereto, may only be
disclosed to or discussed with those persons permitted by the Protective Order to receive such
material.
5.

Upon the termination of this action or at any time requested by outside counsel for

the party by whom I am retained, I will return to such counsel all materials containing Protected
Documents and information, copies thereof, and notes that I have prepared relating thereto.
6.

I hereby submit to the jurisdiction of this Court for the purpose of enforcement of

the Protective Order and waive any and all objections to jurisdiction and venue.
7.

I declare under penalty of perjury under the laws of the United States of America

that the foregoing is true and correct.

Executed on ________________________

____________________________________
[printed name]

____________________________________
[signature]

2