Apple Inc v. Samsung Electronics Co Ltd

Filing 4

DECLARATION of Patrick Schmidt filed by Defendant Samsung Electronics Co Ltd re #2 MOTION to Quash (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Parvin, Shaham)

Exhibit A

uuinn emanaei trial lawyers [ los angeies
865 S. Figueroa St., I Oth Floor, Los Angeles, CA 90017

PATRICK T. SCHMIDT

[phone]

[e-mail]

February 27, 2012
Microsoft Corp.
One Microsoft Way
Redmond, WA 98052
Re:

Apple Inc. v. Samsung Electronics Co. Ltd., No 11-CV-01846-LHK (N.D. Cal.)

Dear Sir or Madam:
Enclosed please find a Subpoena to Testify at a Deposition in a Civil Action issued by the United
States District Court for the Western District of Washington. This deposition testimony is being
sought by Samsung Electronics, Co., Ltd. in connection with litigation against Apple Inc., Apple
Inc. v. Samsung Electronics Co., Ltd., No. 11-CV-01846-LHK (N.D. Cal.).
Please do not hesitate to contact me with questions or concerns; we look forward to working with
you to make this process as expedient and convenient for you as possible.
Very truly yours,

Patrick T. Schmidt

uulun emanuel urquhart & sulliaan, lip
Los n.NU) t t -.S 865 South Figueroa Street. 10th Floor. Lou Angeles. Califoi nia 90017-1.543 rrl1213) 44:?-3000 F.tx r 213 443-5(00
lit. (212) 849--7000 1:\X121_ ) 549-7100
2
SAN FRAN( (5(1) 50 Ca)il'ronia Sueol, 22nd Floor- San Francisco, California 9-11 11-4788 ; TIll t-1(5) 875-6000 FAN 14)5)575-1(70>)
CvtC:ulo : 500 W. Nladisun Street. Sohn 2450. Chicago. Illinois 1(u66I-2510 (1r 5L (3)2) 705-7,100 FAN (312) 705-:401
Nr:tr tuna j 51 Madison Avcnue.22nd Floor, New York, Now Vorl, I0010-101

WAN) SN6TC , 0(1 1299 Pennsylvanw Avenue NW, Suite 825, Washington, District of Cohmtbia 20004-2400

LONDON 1 I6 old Bailey, London EC4M 7EU, United Kingdom

'r[;L ( 201) 538.5(100

FAX [phone]

TEI. +-44(0) 20 70,53 200)) r,\x 4410) 20 7053 2100

TOKYO: N13F I- Iihiya Building, 25F, I- I-?. Uchisaiteai-eh, Chiyoda-ku,'I'okyo 100-001 I. Japan I'ril. +-5I :i 5510 171 1 ax =8I 3 5310 171?
MANN> 5155 i Erzbergertratie 5, 68105 Mannheim. Gennanr !- 11A. .:19(t)) 611 -(3298 (1000 FAX -19(0) 021 43298 6100
NIOSCO1v

I Voenlinrg Building. 3rd floor, IU Vozdvizhenka Street. Moscow 125009, Russia ;TEL ;_7 495 797 3000

FAX F7 495 797 3007

AO SSA (Rev. 06/09) Subpoena to Testify at a Deposition in a Civil Action

UNITED STATES DISTRICT COURT
for the
Western District of Washington
Apple, Inc.
Plaintiff

Civil Action No. 11-cv-01846-LHK

V.

Samsung Electronics Co., Ltd.
(If the action is pending in another district, state where:

Northern District of California

Defendant

SUBPOENA TO TESTIFY AT A DEPOSITION IN A CIVIL ACTION
To: Microsoft Corp. c/o CSC Lawyers Incorporating Service
2730 Gateway Oaks Dr Ste 100 Sacramento CA 95833

i1 Testimony. YOU ARE COMMANDED to appear at the time, date, and place set forth below to testify at a
deposition to be taken in this civil action. If you are an organization that is not a party in this case, you must designate
one or more officers, directors, or managing agents, or designate other persons who consent to testify on your behalf
about the following matters, or those set forth in an attachment:
See Attachment A.
Place: ProMotion Holdings, LLC
2200 Sixth Avenue Suite 425 Seattle, WA 98121

I Date and Time:
03/08/2012 9:00 am

The deposition will be recorded by this method:
[Production: You, or your representatives, must also bring with you to the deposition the following documents,
electronically stored information, or objects, and permit their inspection, copying, testing, or sampling of the
material:
See Attachment B.

The provisions of Fed. R. Civ. P. 45(c), relating to your protection as a person subject to a subpoena, and Rule
45 (d) and (e), relating to your duty to respond to this subpoena and the potential consequences of not doing so, are
attached.
Date:

02/27/2012

CLERK OF COURT
OR
Signature of Clerk or Deputy Clerk

Attornen's signature

The name, address, e-mail, and telephone number of the attorney representing (name ofparty)
Samsung Electronics Co., L td.
_ __ _
T who issues or requests this subpoena, are:
Patrick Schmidt, Quinn Emanuel Urquhart & Sullivan, LLP, 865 S. Figueroa St, 10th Floor
Los Angeles, California 90017 Email: [e-mail]; Telephone: [phone]
,

AO 88A (Rev. 06/09) Subpoena to Testify at a Deposition in a Civil Action (Page 2)

Civil Action No. 11-cv-01846 -LHK
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 45.)
This subpoena for (name of individual and title,

if any)

was received by me on (date)
CI I served the subpoena by delivering a copy to the named individual as follows:

On (date)

; or

O I returned the subpoena unexecuted because:

Unless the subpoena was issued on behalf of the United States, or one of its officers or agents, I have also
tendered to the witness fees for one day's attendance, and the mileage allowed by law, in the amount of

My fees are $

for travel and $

for services, for a total of $

I declare under penalty of perjury that this information is true.

Date:
Server's signature

Printed name and title

Server's address

Additional information regarding attempted service, etc:

0.00

AO 88A (Rev. 06/09) Subpoena to Testify at a Deposition in a Civil Action (Page 3)

Federal Rule of Civil Procedure 45 (c), (d), and (e) (Effective 12/1/07)
(c) Protecting a Person Subject to a Subpoena,

(1) Avoiding Undue Burden or Expense; Sanctions. A party or
attorney responsible for issuing and serving a subpoena must take
reasonable steps to avoid imposing undue burden or expense on a
person subject to the subpoena. The issuing court must enforce this
duty and impose an appropriate sanction — which may include lost
earnings and reasonable attorney's fees — on a party or attorney
who fails to comply.
(2) Command to Produce Materials or Permit Inspection.
(A) Appearance Not Required. A person commanded to produce
documents, electronically stored information, or tangible things, or
to permit the inspection of premises, need not appear in person at the
place of production or inspection unless also commanded to appear
for a deposition, hearing, or trial.
(B) Objections. A person commanded to produce documents or
tangible things or to permit inspection may serve on the party or
attorney designated in the subpoena a written objection to
inspecting, copying, testing or sampling any or all of the materials or
to inspecting the premises — or to producing electronically stored
information in the form or forms requested. The objection must be
served before the earlier of the time specified for compliance or 14
days after the subpoena is served. If an objection is made, the
following rules apply:
(1) At any time, on notice to the commanded person, the serving
party may move the issuing court for an order compelling production
or inspection.
(ii) These acts may be required only as directed in the order, and
the order must protect a person who is neither a party nor a party's
officer from significant expense resulting from compliance.
(3) Quashing or Modifying a Subpoena.
(A) When Required. On timely motion, the issuing court must
quash or modify a subpoena that:
(i) fails to allow a reasonable time to comply;
(ii) requires a person who is neither a party nor a party's officer
to travel more than 100 miles from where that person resides, is
employed, or regularly transacts business in person -- except that,
subject to Rule 45(c)(3)(B)(iii), the person may be commanded to
attend a trial by traveling from any such place within the state where
the trial is held;
(iii) requires disclosure of privileged or other protected matter, if
no exception or waiver applies; or
(iv) subjects a person to undue burden.
(B) When Permitted. To protect a person subject to or affected by
a subpoena, the issuing court may, on motion, quash or modify the
subpoena if it requires:
(I) disclosing a trade secret or other confidential research,
development, or commercial infonnation;
(ii) disclosing an unretained expert's opinion or information that
does not describe specific occurrences in dispute and results from
the expert's study that was not requested by a party; or
(iii) a person who is neither a party nor a party's officer to incur
substantial expense to travel more than 100 miles to attend trial.
(C) Specifying Conditions as an Alternative. In the circumstances
described in Rule 45(c)(3)(B), the court may, instead of quashing or
modifying a subpoena, order appearance or production under
specified conditions if the serving party:
(i) shows a substantial need for the testimony or material that
cannot be otherwise met without undue hardship; and
(ii) ensures that the subpoenaed person will be reasonably
compensated.

(d) Duties in Responding to a Subpoena.

(1) Producing Documents or Electronically Stored Information.
These procedures apply to producing documents or electronically
stored information:
(A) Documents. A person responding to a subpoena to produce
documents must produce them as they are kept in the ordinary
course of business or must organize and label them to correspond to
the categories in the demand.
(B) Form for Producing Electronically Stored Information Not
Specified. If a subpoena does not specify a form for producing
electronically stored information, the person responding must
produce it in a form or forms in which it is ordinarily maintained or
in a reasonably usable form or forms.
(C) Electronically Stored Information Produced in Only One
Form. The person responding need not produce the same
electronically stored information in more than one form.
(D) Inaccessible Electronically Stored Information. The person
responding need not provide discovery of electronically stored
information from sources that the person identifies as not reasonably
accessible because of undue burden or cost. On motion to compel
discovery or for a protective order, the person responding must show
that the information is not reasonably accessible because of undue
burden or cost. If that showing is made, the court may nonetheless
order discovery from such sources if the requesting party shows
good cause, considering the limitations of Rule 26(b)(2)(C). The
court may specify conditions for the discovery.
(2) Claiming Privilege or Protection.
(A) Information Withheld. A person withholding subpoenaed
information under a claim that it is privileged or subject to
protection as trial-preparation material must:
(i) expressly make the claim; and
(ii) describe the nature of the withheld documents,
communications, or tangible things in a manner that, without
revealing information itself privileged or protected, will enable the
parties to assess the claim.
(B) Information Produced. If information produced in response to a
subpoena is subject to a claim of privilege or of protection as trialpreparation material, the person making the claim may notify any
party that received the information of the claim and the basis for it.
After being notified, a party must promptly return, sequester, or
destroy the specified information and any copies it has; must not use
or disclose the information until the claim is resolved; must take
reasonable steps to retrieve the information if the party disclosed it
before being notified; and may promptly present the information to
the court under seal for a determination of the claim. The person
who produced the information must preserve the information until
the claim is resolved.
(e) Contempt. The issuing court may hold in contempt a person
who, having been served, fails without adequate excuse to obey the
subpoena. A nonparty's failure to obey must be excused if the
subpoena purports to require the nonparty to attend or produce at a
place outside the limits of Rule 45(c)(3)(A)(ii).

ATTACHMENT A
DEFINITIONS
The following definitions shall apply where used in this Attachment:
1.

The terms "Microsoft," "YOU," and "YOUR" shall refer to Microsoft

Corporation and any predecessor or successor of Microsoft Corporation and any past or present
parent, division, subsidiary, affiliate, joint venture, associated organization, director, officer,
agent, employee, consultant, staff member, or other representative of Microsoft Corporation.
2.

"Apple" means Apple Inc., and all its predecessors or successors (merged,

acquired, or otherwise), parents, divisions, subsidiaries, and affiliates thereof, and all officers,
agents, employees, counsel and other persons acting on its behalf, or any other person or entity
subject to Apple's control, or which controls Apple.
3.

The terms "Document" and "Documents" shall have the broadest meaning

ascribed to it by Federal Rule of Civil Procedure 34 and Federal Rule of Evidence 1001. The
term shall include within its meaning, by way of example and not limitation, any and all
accounts, analyses, books, CDs, calendars, commercial paper, communications, correspondence,
DVDs, process flows, manuals, e-mail, films, financial statements, floppy disks, hard disks,
inter-office memoranda, invoices, ledgers, letters, licenses, logs, memoranda, microfilms,
minutes, notes, notes of conversations, notes of meetings, notes of telephone calls, office
communications, photographs, printouts, recordings of conversations (whether written or
electronic), reports, schedules, storage tape, task lists, telegrams, telephone bills, tangible items,
videotapes or other video recordings, and any differing versions of the foregoing whether
denominated formal, informal or otherwise, as well as copies of the foregoing which differ from
the original in any way, including handwritten notations or other written or printed matter. The
foregoing specifically includes information stored electronically, whether in a computer database
or otherwise, regardless of whether such documents are presently in documentary form or not.

A draft or non-identical copy of a Document is a separate Document within the meaning of this
term.
4.

The terms "Communication" or "Communications" shall mean, without

limitation, any transmittal, conveyance or exchange of a word, statement, fact, thing, idea,
Document, instruction, information, demand, question or other information by any medium,
whether by written, oral or other means, including but not limited to electronic communications
and electronic mail.
5.

"Identify" when used in reference to:
(1)

An individual, means to state his or her full name, present or last known

residential and business addresses, present or last known position and business affiliation, and if
applicable, history of employment of that individual;
(2)

A firm, partnership, corporation, proprietorship, joint venture, association,

or other organization or entity, means to state its full name, present or last known address and
place of incorporation or formation and to identify each agent that acted for it with respect to the
matters relating to the request or answer;
(3)

A Document, means to state the date, title, if any, subject matter, each

author, each addressee or recipient if practicable, and otherwise a general description of the
persons to whom the writing was distributed, the production number, and the type of document,

i.e., publication, letter, memorandum, book, telegram, chart etc., or some other means of
identifying the document, and its present location and custodian;
(4)

A Communication, means to state its date and place, the person(s) who

participated in it or who were present during any part of it or who have knowledge about it;
(5)

A date, means to state the date and set forth the basis for Your contention

that the date is responsive to the request; and

(6)

A product, service, or intellectual property, means to state all names and

numbers related to the product, service, or intellectual property, and the owner, manufacturer,
distributor, licensor, or dealer of the product, service, or intellectual property during the relevant
time period and currently. For a product, provide all designations for the product, from the most
specific to the most general, including any model numbers or designations, version numbers or
designations, and internal numbers or designations.
6.

The term "predecessor design" shall mean a design that is the same or

substantially the same in its appearance as the design as the identified product or otherwise
shares the major design elements as the design of the identified product.
7.

The term "person" or "persons" refers to any individual, corporation,

proprietorship, association, joint venture, company, partnership or other business or legal entity,
including governmental bodies and agencies. The masculine includes the feminine and vice
versa; the singular includes the plural and vice versa.
8.

The terms "any," "all," "every," and "each" shall each mean and include the other

as necessary to bring within the scope of these requests for production all responses that might
otherwise be construed to be outside of their scope.
9.

The terms "and," "or," and "and/or" shall be construed either disjunctively or

conjunctively as necessary to bring within the scope of these requests for production all
responses that might otherwise be construed to be outside of its scope.
10.

The terms "referring to," "relating to," "concerning" or "regarding" shall mean

containing, describing, discussing, embodying, commenting upon, identifying, incorporating,
summarizing, constituting, comprising or are otherwise pertinent to the matter or any aspect
thereof.

11.

The use of the singular form of any word includes the plural and vice versa, as

necessary to bring within the scope of these requests for production all responses that might
otherwise be construed to be outside of its scope.
12.
tenses.

The use of a verb in any tense shall be construed as the use of the verb in all other

DEPOSITION TOPICS
I.

The conception and reduction to practice date of the systems and methods

disclosed in US Patent No. 7,933,632 B2, titled "Tile Space User Interface for Mobile Devices."
2.

The inventors and other persons responsible for the conception and reduction to

practice of the systems and methods disclosed in US Patent No. 7,933,632 B2.
3.

The systems and methods disclosed and claimed in US Patent No. 7,933,632 B2,

including the graphical user interface and method for navigating through an information space
disclosed therein.
4.

The existence of devices or systems developed by YOU that employ the methods

disclosed and claimed in US Patent No. 7,933,632 B2, and the dates from which such systems
were in public use.
5.

The names, locations, titles, and responsibilities of the persons most

knowledgeable about each of the topics above.
6.

The authenticity and admissibility of the Documents described in Attachment B,

as business records pursuant to F.R.E. 803(6) or otherwise.

ATTACHMENT B
DEFINITIONS
The definitions set forth in Attachment A are incorporated by reference.

INSTRUCTIONS
1.

This subpoena seeks Documents in existence as of the date of service hereof and

to the full extent permitted by the Federal Rules of Civil Procedure.
2.

This subpoena shall apply to all Documents in your possession, custody or control

as of the date of service hereof or coming into your possession, custody, or control before the
date of the production.
3.

In the event that any Document called for by these requests or subsequent

requests has been destroyed or discarded, that Document is to be identified by stating: (i) the
author(s), addressee(s) and any indicated or blind copyee(s); (ii) the Document's date, number of
pages and attachments or appendices; (iii) the Document's subject matter; (iv) the date of
destruction or discard, manner of destruction or discard, and reason for destruction or discard; (v)
the persons who were authorized to carry out such destruction or discard; and (vi) whether any
copies of the Document presently exist and, if so, the name of the custodian of each copy.
4.

Should you seek to withhold any Document based on some limitation of

discovery (including privilege), you must supply a list of the Document for which limitation of
discovery is claimed, indicating:
a.

the identity(ies) of each Document's author(s), writer(s), sender(s), or
initiator(s) and their positions;

b.

the identity(ies) of each Document's recipient(s), addressee(s), or
party(ies) for whom it was intended and their positions;

c.

the date of creation or transmittal indicated on each Document, or estimate
of that date, indicated as such, if no date appears on the Documents;

d. the general subject matter as described on each Document, or, if such
description does not appear, then some other description sufficient to
identify the Document; and
the claimed ground(s) for limitation of discovery (e.g., "attorney-client
privilege" or "work product privilege").
5.

If any of the Documents are considered "confidential business information" or

"source code," as those terms are defined in the protective order attached as Exhibit 1
("Protective Order"), such Documents should be produced subject to the terms and provisions of
the Protective Order.
6.

If no Documents are responsive to a particular request, you are to state that no

responsive Documents exist.
7.

If you propound any written answers to the requests for Documents to be

Produced, repeat verbatim, immediately before each answer, the request being answered.
8.

Electronic records and computerized information must be produced in an

intelligible format or together with a description of the system from which it was derived
sufficient to permit rendering the materials intelligible.
9.

File folders with tabs or labels identifying Documents called for by these requests

must be produced intact with such Documents.
10.

Documents attached to each other must not be separated.

TANGIBLE ITEMS AND DOCUMENTS TO BE PRODUCED
Any and all documents sufficient to show the conception date of US Patent No.
7,933,632 B2, titled "Tile Space User Interface for Mobile Devices."
2.

Any and all documents sufficient to show the reduction to practice date of US

Patent No. 7,933,632 B2, titled "Tile Space User Interface for Mobile Devices."
3.

Documents sufficient to show that the systems and methods disclosed in US

Patent No. 7,933,632 B2 were part of the prior art before March 1, 2006.
4.

For each of the Documents produced in response to this subpoena, all Documents

necessary to understand, determine, and interpret the meaning of all codes, acronyms, symbols,
abbreviations, or other methods of identification necessary to completely and fully interpret
those Documents.

EXHIBIT 1
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION
APPLE INC., a California corporation,
Plaintiffs,
vs.

Civil Action No. 11-CV-01846-LHK

SAMSUNG ELECTRONICS CO., LTD., a
Korean business entity, SAMSUNG
ELECTRONICS AMERICA, INC., a New
York corporation, and SAMSUNG
TELECOMMUNICATIONS AMERICA,
LLC, a Delaware limited liability company,
Defendants.

SAMSUNG ELECTRONICS CO., LTD., a
Korean business entity, SAMSUNG
ELECTRONICS AMERICA, INC., a New
York corporation, and SAMSUNG
TELECOMMUNICATIONS AMERICA,
LLC, a Delaware limited liability company, a
California corporation,
Counterclaim-Plaintiff,
V.

APPLE INC., a California corporation,
Counterclaim-Defendants.

AGREED UPON PROTECTIVE ORDER
REGARDING DISCLOSURE AND USE
OF DISCOVERY MATERIALS

AGREED UPON PROTECTIVE ORDER
REGARDING THE DISCLOSURE AND USE OF DISCOVERY MATERIALS
Plaintiff and counterclaim-defendant Apple Inc. ("Apple") and defendants and
counterclaim-plaintiffs Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., and
Samsung Telecommunications America, LLC (collectively, "Samsung") (collectively referred to
herein as the "Parties") anticipate that documents, testimony, or information containing or
reflecting confidential, proprietary, trade secret, and/or commercially sensitive information
are likely to be disclosed or produced during the course of discovery, initial disclosures, and
supplemental disclosures in this case and request that the Court enter this Order setting forth
the conditions for treating, obtaining, and using such information.
Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, the Court finds
good cause for the following Agreed Protective Order Regarding the Disclosure and Use of
Discovery Materials ("Order" or "Protective Order").
1.

PURPOSES AND LIMITATIONS
(a)

Unless otherwise agreed by the parties, Protected Material designated

under the terms of this Protective Order shall be used by a Receiving Party solely for this case,
and shall not be used directly or indirectly for any other purpose whatsoever.
(b)

The Parties acknowledge that this Order does not confer

blanket protections on all disclosures during discovery, or in the course of making
initial or supplemental disclosures under Rule 26(a). Designations under this
Order shall be made with care and shall not be made absent a good faith belief
that the designated material satisfies the criteria set forth below. If it comes to a
Producing Party's attention that designated material does not qualify for
protection at all, or does not qualify for the level of protection initially asserted,

02198.51855/4624463.1

the Producing Party must promptly notify all other Parties that it is withdrawing
or changing the designation.
2.

DEFINITIONS
(a)

"Discovery Material" means all items or information, including from any

non-party, regardless of the medium or manner generated, stored, or maintained (including,
among other things, testimony, transcripts, or tangible things) that are produced, disclosed, or
generated in connection with discovery or Rule 26(a) disclosures in this case.
(b)

"Outside Counsel" means (i) outside counsel who appear on the pleadings

as counsel for a Party, (ii) partners and associates of such counsel to whom it is reasonably
necessary to disclose the information for this litigation, and their paralegals and support staff,
and (iii) outside, independent attorneys contracted to provide legal advice to a Party in
connection with this action.
(c)

"Patents-in-suit" means U.S. Patents Nos. 7,812,828; 6,493,002;

7,469,381; 7,844,915; 7,853,891; 7,663,607; 7,864,163; 7,920,129; D627,790; D617,334;
D604,305; D593,087; D618,677; D622,270; D504,889; 6,928,604; 7,050,410; 7,069,055;
7,079,871; 7,200,792; 7,362,867; 7,386,001; 7,447,516; 7,456,893; 7,577,460; 7,675,941; and
7,698,711 and any other patent asserted in this action, as well as any related patents, patent
applications, provisional patent applications, continuations, and/or divisionals.
(d)

"Party" means any party to this case, including all of its officers, directors,

employees, consultants, retained experts, and outside counsel and their support staffs.
(e)

"Producing Party" means any Party or non-party entity that discloses or

produces any Discovery Material in this case.

02198.51855/4624463,1

(f)

"Protected Material" means any Discovery Material that is

designated as "CONFIDENTIAL," "HIGHLY ' CONFIDENTIAL ATTORNEYS' EYES ONLY," or "HIGHLY CONFIDENTIAL - OUTSIDE
ATTORNEYS' EYES ONLY - SOURCE CODE," as provided for in this Order.
(g)

"Receiving Party" means any Party who receives

Discovery Material from a Producing Party.
(h)

"Source Code" means confidential and proprietary

computer code, scripts, assembly, object code, source code listings and
descriptions of source code, object code listings and descriptions of object code,
and Hardware Description Language (HDL) or Register Transfer Level (RTL)
files that describe the hardware design of any application-specific integrated
circuit (ASIC) or other chip.

3.

COMPUTATION OF TIME
The computation of any period of time prescribed or allowed by this Order shall

be governed by the provisions for computing time set forth in Federal Rule of Civil Procedure 6.

4.

SCOPE
(a)

The protections conferred by this Order cover not only Discovery Material

governed by this Order as addressed herein, but also any information copied or extracted
therefrom, as well as all copies, excerpts, summaries, or compilations thereof, plus testimony,
conversations, or presentations by Parties or their counsel in court or in other settings that might
reveal Protected Material.
(b)

Nothing in this Protective Order shall prevent or restrict a Producing

Party's own disclosure or use of its own Discovery Material for any purpose, and nothing in this

02198.51855/4624463,1

Order shall preclude any Producing Party from showing its Discovery Material to an individual
who prepared the Discovery Material.
(c)

Nothing in this Order shall be construed to prejudice any Party's right to

use any Protected Material in court or in any court filing with consent of the Producing Party or
by order of the Court.
(d)

This Order is without prejudice to the right of any Party to seek further or

additional protection of any Discovery Material or to modify this Order in any way, including,
without limitation, an order that certain matter not be produced at all.
5.

DURATION

Even after the termination of this case, and unless otherwise indicated in this
Order, the confidentiality obligations imposed by this Order shall remain in effect until a
Producing Party agrees otherwise in writing or an order from this Court otherwise directs.
6.

ACCESS TO AND USE OF PROTECTED MATERIAL

(a)

Basic Principles. All Protected Material shall be used solely for this

case or any related appellate proceeding, and not for any other purpose whatsoever, including
without limitation any other litigation, patent prosecution or acquisition, patent reexamination or
reissue proceedings, or any business or competitive purpose or function, except as expressly
provided herein. Protected Material shall not voluntarily be distributed, disclosed or made
available to anyone except as expressly provided in this Order.
(b)

Patent Prosecution Bar. Absent the written consent of the Producing

Party, anyone who receives one or more items designated "HIGHLY CONFIDENTIAL —
ATTORNEYS' EYES ONLY" or "HIGHLY CONFIDENTIAL — OUTSIDE ATTORNEYS'
EYES ONLY — SOURCE CODE" shall not be involved, directly or indirectly, in any of the

02198.51855/4624463.1

following activities: advising on, consulting on, preparing, prosecuting, drafting, editing, and/or
amending of patent applications (whether for design or utility patents), specifications, claims,
and/or responses to office actions, or otherwise affecting the disclosure in patent applications or
specifications or the scope of claims in patents or patent applications relating to the subject
matter of the patents-in-suit before any foreign or domestic agency, including the United States
Patent and Trademark Office. These prohibitions are not intended to and shall not preclude (i)
participating in or advising on any reexamination or reissue proceeding by Samsung's Outside
Counsel with respect to any patents in which Apple has any interest, or participating in or
advising on any reexamination or reissue proceeding (except for participating in or advising on,
directly or indirectly, claim drafting or amending claims) by Apple's Outside Counsel with
respect to any patents in which Apple has any interest; and (ii) participating in or advising on any
reexamination or reissue proceeding by Apple's Outside Counsel with respect to any patents in
which Samsung has any interest, or participating in or advising on any reexamination or reissue
proceeding (except for participating in or advising on, directly or indirectly, claim drafting or
amending claims) by Samsung's Outside Counsel with respect to any patents in which Samsung
has any interest.
(c)

The prohibitions in Paragraph 6(b) shall begin when access to "HIGHLY

CONFIDENTIAL — ATTORNEYS' EYES ONLY" or "HIGHLY CONFIDENTIAL —
OUTSIDE ATTORNEYS' EYES ONLY — SOURCE CODE" materials are first received by the
affected individual, and shall end two (2) years after the final resolution of this action, including
all appeals.

02198.51855/4624463.1

(d)

Secure Storage. Protected Material must be stored and maintained by a

Receiving Party at a location and in a secure manner that ensures that access is limited to the
persons authorized under this Order.
(e)

Legal Advice Based on Protected Material. Nothing in this Protective

Order shall be construed to prevent counsel from advising their clients with respect to this case
based in whole or in part upon Protected Materials, provided counsel does not disclose the
Protected Materials themselves, the content of those Protected Materials, or the fact of those
particular Protected Materials' existence except as provided in this Order.
(f)

Limitations. Nothing in this Order shall restrict in any way a Producing

Party's use or disclosure of its own Protected Material. Nothing in this Order shall restrict in
any way the use or disclosure of Discovery Material by a Receiving Party: (i) that is or has
become publicly known through no fault of the Receiving Party; (ii) that is lawfully acquired by
or known to the Receiving Party independent of the Producing Party; (iii) previously produced,
disclosed and/or provided by the Producing Party to the Receiving Party or a non-party without
an obligation of confidentiality and not by inadvertence or mistake; (iv) with the consent of the
Producing Party; or (v) pursuant to Order of the Court. Notwithstanding the foregoing, a
Producing Party may not disclose its own Protected Material to the extent such Protected
Material is also the Protected Material of any other party (e.g., settlement discussions and
agreements containing confidentiality obligations), without the prior written consent of such
other party, unless compelled to do so by a Court of competent jurisdiction.
7. DESIGNATING PROTECTED MATERIAL
(a)

Available Designations. Any Producing Party may designate Discovery

Material with any of the following designations, provided that it meets the requirements for such

02198.51855/4624463.1

designations as provided for herein:

"CONFIDENTIAL," "CONFIDENTIAL -

ATTORNEYS' EYES ONLY," or "CONFIDENTIAL — OUTSIDE ATTORNEYS' EYES
ONLY - SOURCE CODE."
(b)

Written Discovery and Documents and Tangible Things . Written

discovery, documents (which include "electronically stored information," as that phrase is used
in Federal Rule of Procedure 34), and tangible things that meet the requirements for the
confidentiality designations listed in Paragraph 7(a) may be so designated by placing the
appropriate designation on every page of the written material prior to production. For digital
files being produced, the Producing Party may mark each viewable page or image with the
appropriate designation, and mark the medium, container, and/or communication in which the
digital files were contained. In the event that original documents are produced for inspection,
the original documents shall be presumed "HIGHLY CONFIDENTIAL — ATTORNEYS' EYES
ONLY" during the inspection and re-designated, as appropriate during the copying process.
(c)

Depositions and Testimony . Parties or testifying persons or entities may

designate depositions and other testimony with the appropriate designation by indicating on the
record at the time the testimony is given or by sending written notice of how portions of the
transcript of the testimony are designated within twenty one (21) days of receipt of the transcript
of the testimony. If no indication on the record is made, all information disclosed during a
deposition shall be deemed "HIGHLY CONFIDENTIAL — ATTORNEYS' EYES ONLY" until
the time within which it may be appropriately designated as provided for herein has passed.
Any Party that wishes to disclose the transcript that has been deemed "HIGHLY
CONFIDENTIAL — ATTORNEYS' EYES ONLY" as a result of no designation having been
made on the record at the time the testimony was given, or information contained therein, may

02198.51855/4624463.1

provide written notice of its intent to treat the transcript as non-confidential, after which time,
any Party that wants to maintain any portion of the transcript as confidential must designate the
confidential portions within fourteen (14) days, or else the transcript may be treated as nonconfidential. Any Protected Material that is used in the taking of a deposition shall remain
subject to the provisions of this Protective Order, along with the transcript pages of the deposition
testimony dealing with such Protected Material. In such cases the court reporter shall be
informed of this Protective Order and shall be required to operate in a manner consistent with
this Protective Order. In the event the deposition is videotaped, the original and all copies of the
videotape shall be marked by the video technician to indicate that the contents of the videotape
are subject to this Protective Order, substantially along the lines of "This videotape contains
confidential testimony used in this case and is not to be viewed or the contents thereof to be
displayed or revealed except pursuant to the terms of the operative Protective Order in this
matter or pursuant to written stipulation of the parties." Counsel for any Producing Party
shall have the right to exclude from oral depositions, other than the deponent, deponent's
counsel, the reporter and videographer (if any), any person who is not authorized by this
Protective Order to receive or access Protected Material based on the designation of such
Protected Material. Such right of exclusion shall be applicable only during periods of
examination or testimony regarding such Protected Material.
8.

DISCOVERY MATERIAL DESIGNATED AS "CONFIDENTIAL

"

(a) A Producing Party may designate Discovery Material as
"CONFIDENTIAL" if it contains or reflects information that qualifies for
protection under Federal Rule of Civil Procedure 26(c),

02198.51855/4624463,1

(b)

Unless otherwise ordered by the Court, Discovery Material

designated as "CONFIDENTIAL" may be disclosed only to the following:
(i)

The Receiving Party's Outside Counsel;

(ii)

Outside Counsel's immediate paralegals and

staff, and any copying or clerical litigation support services working at the
direction of such counsel, paralegals, and staff;
(iii)

Any outside expert or consultant retained by

the Receiving Party to assist in this action, provided that disclosure is
only to the extent necessary to perform such work; and provided that: (a)
such expert or consultant has agreed to be bound by the provisions of the
Protective Order by signing a copy of Exhibit A; and (b) such expert or
consultant is not a current officer, director, or employee of a Party, nor
anticipated at the time of retention to become an officer, director or
employee of a Party;
(iv)

Court

reporters,

stenographers

and

videographers retained to record testimony taken in this action;
(v)

The Court, jury, and court personnel;

(vi)

Document processing and hosting vendors,

and graphics, translation, design, and/or trial consulting services, having
first agreed to be bound by the provisions of the Protective Order by
signing a copy of Exhibit A;
(vii)

Mock jurors who have signed an

undertaking or agreement agreeing not to publicly disclose Protected

02198.51855/4624463.1

Material and to keep any information concerning Protected Material
confidential;
(viii)

Any mediator who is assigned to hear this

matter, and his or her staff, subject to their agreement to maintain
confidentiality to the same degree as required by this Protective Order;
and
(ix)

Any other person with the prior written

consent of the Producing Party or by Order of this Court.
9. DISCOVERY MATERIAL DESIGNATED AS "CONFIDENTIAL —

ATTORNEYS' EYES ONLY"
(a)

A Producing Party may designate Discovery Material as "HIGHLY

CONFIDENTIAL — ATTORNEYS' EYES ONLY" if it contains or reflects sensitive business
information that is trade secret, and/or commercially sensitive, where substantial harm from
disclosure cannot otherwise be avoided. The Parties agree that at least the following
information, if non-public, shall be presumed to merit the "HIGHLY CONFIDENTIAL —
ATTORNEYS' EYES ONLY" designation: trade secrets, pricing information, financial data,
sales information, sales or marketing forecasts or plans, business plans, sales or marketing
strategy, cost information, licensing of the Producing Party's intellectual property, product
development information, engineering documents, testing documents, employee information, and
other non-public information of similar competitive and business sensitivity.
(b)

Unless otherwise ordered by the Court, Discovery Material designated as

"HIGHLY CONFIDENTIAL — ATTORNEYS' EYES ONLY" may be disclosed only to:

02198.51855/4624463.1

(i)

The Receiving Party's Outside Counsel, except that unless

otherwise agreed no Outside Counsel who is involved in competitive decision-making', as
defined by U.S. Steel v. United States, 730 F.2d 1465, 1468 n.3 (Fed. Cir. 1984), shall have
access to Discovery Material designated as "HIGHLY CONFIDENTIAL — ATTORNEYS'
EYES ONLY";
(ii)

Outside Counsel's immediate paralegals and staff, and any copying

or clerical litigation support services working at the direction of such counsel, paralegals, and
staff;
(iii)

Any outside expert or consultant retained by the Receiving Party to

assist in this action, provided that disclosure is only to the extent necessary to perform such
work; and provided that: (a) such expert or consultant has agreed to be bound by the provisions
of the Protective Order by signing a copy of Exhibit A; (b) such expert or consultant is not a
current officer, director, or employee of a Party or of a competitor of a Party with respect to the
subject matter of the patents-in-suit, nor anticipated at the time of retention to become an officer,
director, or employee of a Party or of a competitor of a Party with respect to the subject matter of
the patents-in-suit; (c) such expert or consultant 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 with respect to the subject matter of the patents-in-suit; and (d)
no unresolved objections to such disclosure exist after proper notice has been given to all Parties
as set forth in Paragraph 12 below;

'
For the absence of doubt, for the purposes of this Protective Order, "competitive
decision-making" shall not include duties traditionally performed by outside counsel with respect
to advising the Parties regarding this or other litigation.

02198.51855/4624463.1

(iv)

Court reporters, stenographers and videographers retained to

record testimony taken in this action;
(v)

The Court, jury, and court personnel;

(vi)

Document processing and hosting vendors, and graphics,

translation, design, and/or trial consulting services, having first agreed to be bound by the
provisions of the Protective Order by signing a copy of Exhibit A;
(vii)

Any mediator who is assigned to hear this matter, and his or her

staff, subject to their agreement to maintain confidentiality to the same degree as required by this
Protective Order; and
(viii) Any other person with the prior written consent of the Producing
Party or by order of this Court.
10. DISCOVERY MATERIAL DESIGNATED AS " HIGHLY CONFIDENTIAL
— OUTSIDE ATTORNEYS' EYES ONLY - SOURCE CODE"

(a)

To the extent production of Source Code becomes necessary to the

prosecution or defense of the case, a Producing Party may designate Source Code as "HIGHLY
CONFIDENTIAL — OUTSIDE ATTORNEYS' EYES ONLY - SOURCE CODE" if it
comprises or includes confidential, proprietary, and/or trade secret Source Code.
(b)

Nothing in this Order shall be construed as a representation or admission

that Source Code is properly discoverable in this action, or to obligate any Party to produce any
Source Code.
(c)

Unless otherwise ordered by the Court, Discovery Material designated as

"HIGHLY CONFIDENTIAL — OUTSIDE ATTORNEYS' EYES ONLY - SOURCE CODE"

02198.51855/4624463.1

shall be subject to the provisions set forth in Paragraph 11 below, and may be disclosed, subject
to Paragraph 11 below, solely to:
(i)

The Receiving Party's Outside Counsel, except that unless

otherwise agreed no Outside Counsel who is involved in competitive decision-making, as
defined by U.S. Steel v. United States, 730 F.2d 1465, 1468 n.3 (Fed. Cir. 1984), shall have
access to Discovery Material designated as "HIGHLY CONFIDENTIAL — OUTSIDE
ATTORNEYS' EYES ONLY - SOURCE CODE";
(ii)

Outside Counsel's immediate paralegals and staff, and any copying

or clerical litigation support services working at the direction of such counsel, paralegals, and
staff;
(iii)

Any outside expert or consultant retained by the Receiving Party to

assist in this action, provided that disclosure is only to the extent necessary to perform such
work; and provided that: (a) such expert or consultant has agreed to be bound by the provisions
of the Protective Order by signing a copy of Exhibit A; (b) such expert or consultant is not a
current officer, director, or employee of a Party or of a competitor of a Party with respect to the
subject matter of the patents-in-suit, nor anticipated at the time of retention to become an officer,
director or employee of a Party or of a competitor of a Party with respect to the subject matter of
the patents-in-suit; (c) such expert or consultant 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 with respect to the subject matter of the patents-in-suit; and (d)
no unresolved objections to such disclosure exist after proper notice has been given to all Parties
as set forth in Paragraph 12 below;

02198.51855/4624463.1

(iv)

Court reporters, stenographers and videographers retained to

record testimony taken in this action;
(v)

The Court, jury, and court personnel;

(vi)

Any mediator who is assigned to hear this matter, and his or her

staff, subject to their agreement to maintain confidentiality to the same degree as required by this
Protective Order; and
(vii)

Any other person with the prior written consent of the Producing

Party or by order of this Court.
11. DISCLOSURE AND REVIEW OF SOURCE CODE

(a)

The following provisions apply to the production of Source Code that is

designated "[PRODUCING PARTY'S]HIGHLY CONFIDENTIAL— OUTSIDE
ATTORNEYS' EYES ONLY — SOURCE CODE," unless otherwise agreed by the Producing
Party:
(b)

All Source Code shall be made available by the Producing Party to the

Receiving Party in a secure room, on at least two secured, stand-alone computers (running a
reasonably current operating system) per software platform produced, without Internet access or
network access to other computers, as necessary and appropriate to prevent and protect against
any unauthorized copying, transmission, removal, or other transfer of any Source Code outside
or away from the computer on which the Source Code is provided for inspection (hereinafter
"Confidential Source Code Computer"). If it should be necessary, the Confidential Source
Code Computer may be configured by the Producing Party to run other mutually agreed upon
operating systems. Except as otherwise authorized by the Producing Party, no more than a total

02198.51855/4624463.1

of 25 individuals identified by the Receiving Party shall have access to the secure room in which
the Producing Party produces its Source Code.
(c)

The Producing Party shall install tools that are sufficient for viewing and

searching the code produced, on the platform produced, if such tools exist and are presently used
in the ordinary course of the Producing Party's business. The Receiving Party's outside
counsel and/or experts may request that commercially available software tools for viewing and
searching Source Code be installed on the secured computer, provided, however, that (a) the
Receiving Party possesses an appropriate license to such software tools; (b) the Producing Party
approves such software tools; and (c) such other software tools are reasonably necessary for the
Receiving Party to perform its review of the Source Code consistent with all of the protections
herein. The Receiving Party must provide the Producing Party with the CD or DVD containing
such licensed software tool(s) at least fourteen (14) days in advance of the date upon which the
Receiving Party wishes to have the additional software tools available for use on the Confidential
Source Code Computer. Specific tools may include but are not limited to: Visual Slick Edit,
Source-Navigator, PowerGrep, and ExamDiff Pro, or other similar programs. The Receiving
Party shall not at any time use any compilers, interpreters or simulators in connection with the
Producing Party's Source Code.
(d)

The Producing Party shall make the Source Code available electronically

and in text searchable form in a secure room at the offices of the Producing Party's outside
counsel as defined in paragraph 2(b) or any other location mutually agreed by the parties.
(e)

In order to verify that its Source Code has not later been altered, the

Producing Party may benchmark the materials before and after they are provided but shall not
install any keystroke or other monitoring software on the Confidential Source Code Computer.

02198.51855/4624463.1

(f)

The Confidential Source Code Computer shall be made available from

9:00 a.m. to 7:00 p.m. local time, Monday through Friday (excluding holidays), and other days
and/or times, including weekends, upon reasonable request at least until the close of expert
discovery in this action. Access on weekends or after hours shall be permitted only on three
days' advance written notice.
(g)

Prior to the first inspection of any requested piece of Source Code, the

requesting party shall provide fourteen (14) days notice of the Source Code that it wishes to
inspect. The requesting party shall provide two (2) days notice prior to any additional
inspections of the same Source Code, although the parties 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 Source Code at least ten (10) days prior to the first time any such
individual is given access to the Source Code, and, during that 10-day period, the Producing
Party 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 Source Code
after the first time, although the parties will be reasonable in accommodating notice of less than
two (2) days. If an objection to an individual is made by the Producing Party, it will be the
burden of the Producing Party to prove that the individual should not be authorized to inspect the
Producing Party's Source Code.
(h)

Proper identification of all authorized persons shall be provided prior to

any access to the secure room or to the Confidential Source Code Computer. Proper
identification requires showing, at a minimum, a photo identification card sanctioned by the
government of any State of the United States, by the government of the United States, or by the
nation state of the authorized person's current citizenship. Access to the secure room or the

02198.51855/4624463.1

Confidential Source Code Computer may be denied, at the discretion of the Producing Party, to
any individual who fails to provide proper identification.
(i)

The Confidential Source Code Computer shall be equipped with a printer

with commercially reasonable printing speeds to print copies of the Source Code on
watermarked pre-Bates numbered paper, which shall be provided by the Producing Party. The
Receiving Party may print limited portions of the Source Code only when reasonably necessary
to facilitate the Receiving Party's preparation of court filings, expert reports, and trial exhibits,
and shall print only such portions as are relevant to the claims and defenses in the case and are
reasonably necessary for such purpose. The Receiving Party shall not print Source Code in
order to review blocks of Source Code elsewhere in the first instance, i.e., as an alternative to
reviewing that Source Code electronically on the Confidential Source Code Computer, as the
parties acknowledge and agree that the purpose of the protections herein would be frustrated by
printing portions of code for review and analysis elsewhere. If the Producing Party objects that
the printed portions are excessive and/or not done for a permitted purpose, the Producing Party
shall make such objection known to the Receiving Party within five (5) days. Printed portions
which exceed 50 continuous pages or 10% or more of a specific software release shall be
presumed excessive and not done for a permitted purpose. If, after meeting and conferring, the
Producing Party and the Receiving Party cannot resolve the objection, the Receiving Party shall
be entitled to seek the Court's resolution of whether the printed Source Code in question is
narrowly tailored and was printed for a permitted purpose. 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. Except as otherwise authorized by the Producing Party, no more than a total of 40

02198.51855/4624463.1

individuals identified by the Receiving Party shall have access to the printed portions of Source
Code (except insofar as such code appears in any filing with the Court or expert report in this
case).
(j)

The printed Source Code shall be labeled with "[PRODUCING

PARTY'S NAME] HIGHLY CONFIDENTIAL— OUTSIDE ATTORNEYS' EYES ONLY —
SOURCE CODE." Outside counsel for the Producing Party will keep the originals of these
printed documents, and copies shall be made for outside counsel for the Receiving Party on
watermarked paper within 48 hours. It is the responsibility of the Producing Party to ensure
delivery of the printed documents to outside counsel for the Receiving Party within 48 hours.
The Receiving Party's outside counsel may make no more than ten (10) additional paper copies
of any portions of the Source Code received from a Producing Party, not including copies
attached to court filings or used at depositions.
(k)

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 locked storage container when not in use.
No electronic copies of the Source Code shall be provided by the Producing Party beyond the
Confidential Source Code Computer.
(1)

Except as provided herein, absent express written permission from the

Producing Party, the Receiving Party may not create electronic images, or any other images, or
make electronic copies, of the Source Code from any paper copy of Source Code for use in any
manner (including, by way of example only, the Receiving Party may not scan the Source Code
to a PDF or photograph the code). Images or copies of Source Code shall not be included in
correspondence between the parties (references to production numbers shall be used instead),

02198.51855/4624463. I

and shall be omitted from pleadings and other papers whenever possible. If a party reasonably
believes that it needs to submit a portion of Source Code as part of a filing with the Court, the
parties shall meet and confer as to how to make such a filing while protecting the confidentiality
of the Source Code and such filing will not be made absent agreement from the supplier that the
confidentiality protections will be adequate. If a Producing Party agrees to produce an
electronic copy of all or any portion of its Source Code or to provide written permission to the
Receiving Party to produce an electronic or any other copy of Source Code for purposes of a
court filing, the Receiving Party's communication and/or disclosure of electronic files or other
materials containing any portion of Source Code (paper or electronic) shall at all times be limited
solely to individuals who are expressly authorized to view Source Code under the provisions of
this Order, and all such individuals must be identified, in accordance with paragraph 11(q), on
the Confidential Source Code Access Log as reviewers and/or recipients of paper copies. In the
case where the Producing Party has provided the express written permission required under this
provision for a Receiving Party to create electronic copies of Source Code, the electronic copies
shall be included on the log required by paragraph 11(q); and any other information required by
paragraph 11(q) shall be included on the log. Additionally, any such electronic copies must be
labeled "[PRODUCING PARTY'S NAME] HIGHLY CONFIDENTIAL — OUTSIDE
ATTORNEYS' EYES ONLY — SOURCE CODE" as provided for in this Order.
(m)

For depositions, the Receiving Party shall not bring copies of any printed

Source Code. Rather, at least five (5) days before the date of the deposition, the Receiving
Party shall notify the Producing Party about the specific portions of Source Code it wishes to use
at the deposition, and the Producing Party shall bring printed copies of those portions to the
deposition for use by the Receiving Party. Copies of Source Code that are marked as

02198.51855/4624463.1

deposition exhibits shall not be provided to the court reporter or attached to deposition transcripts;
rather, the deposition record will identify the exhibit by its production numbers. All paper
copies of Source Code brought to the deposition shall be returned to the Producing Party and
securely destroyed in a timely manner following the deposition.
(n)

Other than the Confidential Source Code Computer and printer provided

by the Producing Party, no electronic devices, including but not limited to laptops, floppy drives,
zip drives or other hardware, shall be permitted in the secure room. Nor shall any cellular
telephones, personal digital assistants, Blackberries, cameras, voice recorders, Dictaphones,
telephone jacks, or other devices be permitted inside the secure room. No non-electronic
devices capable of similar functionality shall be permitted in the secure room. The Receiving
Party shall be entitled to take notes relating to the Source Code but may not copy the Source
Code into the notes and may not take such notes electronically on the Confidential Source Code
Computer itself or any other computer. No copies of all or any portion of the Source Code may
leave the room in which the Source Code is inspected except as otherwise provided herein.
Further, no other written or electronic record of the Source Code is permitted except as otherwise
provided herein. The Producing Party may visually monitor the activities of the Receiving
Party's representatives during any Source Code review, but only to ensure that no unauthorized
records of the Source Code and no information concerning the Source Code are being created or
transmitted in any way.
(o)

Other than as provided in paragraph 11(n), the Receiving Party will not

copy, remove, or otherwise transfer any Source Code from the Confidential Source Code
Computer including, without limitation, copying, removing, or transferring the Source Code onto
any recordable media or recordable device, including without limitation sound recorders,

02198.51855/4624463.1

computers, cellular telephones, peripheral equipment, cameras, CDs, DVDs, or drives of any
kind. The Receiving Party will not transmit any Source Code in any way from the Producing
Party's facilities or the offices of the Producing Party's outside counsel.
(p)

Unless otherwise agreed in advance by the parties in writing, following

each day on which inspection of Source Code is done under this Order, the Receiving Party's
outside counsel and/or experts shall remove all notes, documents, and all other materials from
the secure room. The Producing Party shall not be responsible for any items left in the room
following each inspection session, and the Receiving Party shall have no expectation of
confidentiality for any items left in the room following each inspection session without a prior
agreement to that effect.
(q)

The Receiving Party shall maintain a Confidential Source Code Access

Log identifying each hard copy (or electronic copy as permitted by paragraph 11(1)) of Source
Code that it has in its possession and, for each and every time the hard copy (or electronic copy
as permitted by paragraph 11(1)) of the Source Code is viewed, the following additional
information: (i) the name of each person who viewed the Source Code; and (ii) whether any
portion of the Source Code was copied and, if so, what portion was copied. The Producing
Party shall be entitled to a copy of the log upon one (1) day's advance notice to the Receiving
Party. Within thirty (30) days after the issuance of a final, non-appealable decision resolving
all issues in the above-captioned action, the Receiving Party must serve upon the Producing
Party the Confidential Source Code Access Log. Additionally, within thirty (30) days after the
issuance of a final, non-appealable decision resolving all issues in the action, 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 Counsel of Record for the Producing Party and that they

02198.51855/4624463.1

will make no use of the Source Code or of any knowledge gained from the Source Code in any
future endeavor.
(r)

Nothing herein shall be deemed a waiver of a party's right to object to the

production of Source Code. Absent a subsequent and specific court or agency order, nothing
herein shall obligate a party to breach any non-party license agreement relating to such Source
Code.
(s)

The parties further acknowledge that some or all of the Source Code may

be owned by non-parties and not in a party's possession, custody, or control. Nothing herein
shall be deemed a waiver of any non-party's right to object to the production of Source Code or
object to the manner of any such production.
(t)

Any consultant or expert retained on behalf of a Receiving Party who is

to be given access to a Producing Party's Source Code — whether in electronic form or
otherwise — must agree in writing not to use the accessed code to write source code directly
intended for commercial purposes relating to the technology at issue in this action for a period of
six (6) months after the issuance of a final, non-appealable decision resolving all issues in the
action. This shall not preclude such consultants and experts from any academic work or
consulting in future litigation, so long as such consulting does not involve writing source code
directly intended for commercial purposes relating to the technology at issue in this action.
12. NOTICE OF DISCLOSURE
(a)

Prior to disclosing any Protected Material to any person described in

Paragraphs 9(b)(iii) or 10(c)(iii) (referenced below as "Person"), the Party seeking to disclose
such information shall provide the Producing Party with written notice that includes: (i) the name
of the Person; (ii) the present employer and title of the Person; (iii) an identification of all of the

02198.51855/4624463.1

Person's past or current employment or consulting relationships, including direct relationships
and relationships through entities owned or controlled by the Person, within the last five (5)
years; (iv) an up-to-date curriculum vitae of the Person; and (v) a list of the cases in which the
Person has testified at deposition or trial within the last five (5) years. Said written notice shall
include an identification of any individual or entity with or for whom the person is employed or
to whom the person provides consulting services relating to the design, development, operation,
or patenting of mobile phones and tablet computers, or relating to the acquisition of intellectual
property assets relating to mobile phones and tablet computers. The Party seeking to disclose
Protected Material shall provide such other information regarding the Person's professional
activities reasonably requested by the Producing Party for it to evaluate whether good cause
exists to object to the disclosure of Protected Material to the outside expert or consultant.
During the pendency of this action, including all appeals, the Party seeking to disclose Protected
Material shall immediately provide written notice of any change with respect to the Person's
involvement in the design, development, operation or patenting of mobile phones and tablet
computers, or the acquisition of intellectual property assets relating to mobile phones and tablet
computers.
(b)

Within seven (7) days of receipt of the disclosure of the Person, the

Producing Party or Parties may object in writing to disclosure to the Person for good cause. In
the absence of an objection at the end of the seven (7) day period, the Person shall be deemed
approved under this Protective Order. There shall be no disclosure of Protected Material to the
Person prior to expiration of this seven (7) day period. If the Producing Party objects to
disclosure to the Person within such seven (7) day period, the Parties shall meet and confer via
telephone or in person within seven (7) days following the objection and attempt in good faith to

02198.5] 855/4624463.1

resolve the dispute on an informal basis. If the dispute is not resolved, the Party objecting to
the disclosure will have seven (7) days from the date of the meet and confer to seek relief from
the Court. If relief is not sought from the Court within that time, the objection shall be deemed
withdrawn. If relief is sought, designated materials shall not be disclosed to the Person in
question until the Court resolves the objection.
(c)

For purposes of this section, "good cause" shall include an objectively

reasonable concern that the Person will, advertently or inadvertently, use or disclose Discovery
Materials in a way or ways that are inconsistent with the provisions contained in this Order.
(d)

Prior to receiving any Protected Material under this Order, the Person

must execute a copy of the "Agreement to Be Bound by Protective Order" (Exhibit A hereto) and
serve it on all Parties.
(e)

An initial failure to object to a Person under this Paragraph 12 shall not

preclude the non-objecting Party from later objecting to continued access to Protected Material
by that Person based on new facts or circumstances for good cause shown. In this event, a
Party must make a written objection to the other Party concerning the continued access of
Protected Material by that Person, and the Parties must meet and confer in good faith concerning
such objection. To the extent that the objection is unable to be resolved, the later-objecting
Party must present its objection to the Court for resolution within no later than five (5) days of
making such objection. Notwithstanding such objection, the designated Person may continue to
have access to Protected Material until judicial resolution of the objection.
13. CHALLENGING DESIGNATIONS OF PROTECTED MATERIAL

02198.51855/4624463.1

(a)

A Party shall not be obligated to challenge the propriety of any

designation of Discovery Material under this Order at the time the designation is made, and a
failure to do so shall not preclude a subsequent challenge thereto.
(b)

Any challenge to a designation of Discovery Material under this Order

shall be written, shall be served on outside counsel for the Producing Party, shall particularly
identify the documents or information that the Receiving Party contends should be differently
designated, and shall state the grounds for the objection. Thereafter, further protection of such
material shall be resolved in accordance with the following procedures:
(i)

The objecting Party shall have the burden of conferring either in

person, in writing, or by telephone with the Producing Party claiming protection (as well as any
other interested party) in a good faith effort to resolve the dispute. The Producing Party shall
have the burden of justifying the disputed designation;
(ii)

Failing agreement, the Receiving Party may bring a motion to the

Court for a ruling that the Discovery Material in question is not entitled to the status and
protection of the Producing Party's designation. The Parties' entry into this Order shall not
preclude or prejudice either Party from arguing for or against any designation, establish any
presumption that a particular designation is valid, or alter the burden of proof that would
otherwise apply in a dispute over discovery or disclosure of information;
(iii)

Notwithstanding any challenge to a designation, the Discovery

Material in question shall continue to be treated as designated under this Order until one of the
following occurs: (a) the Party who designated the Discovery Material in question withdraws
such designation in writing; or (b) the Court rules that the Discovery Material in question is
not entitled to the designation.

02198.51855/4624463.1

14. SUBPOENAS OR COURT ORDERS
(a)

If at any time Protected Material is subpoenaed by any court, arbitral,

administrative, or legislative body, the Party to whom the subpoena or other request is directed
shall immediately give prompt written notice thereof to every Party who has produced such
Discovery Material and to its counsel and shall provide each such Party with an opportunity to
move for a protective order regarding the production of Protected Materials implicated by the
subpoena.
15. FILING PROTECTED MATERIAL

(a)

Absent written permission from the Producing Party or a court Order

secured after appropriate notice to all interested persons, a Receiving Party may not file in the
public record any Protected Material.
(b)

Any Receiving Party is authorized under Local Rule 79-5 to request the

filing under seal with the Court of any brief, document or materials that are designated as
Protected Material under this Order. Nothing in this section shall in any way limit or detract
from this Order's requirements as to Source Code.
16. INADVERTENT DISCLOSURE OF PRIVILEGED MATERIAL
(a) The inadvertent production by a Party of Discovery Material subject to the
attorney-client privilege, work-product protection, or any other applicable privilege or
protection, despite the Producing Party's reasonable efforts to prescreen such Discovery Material
prior to production, will not waive the applicable privilege and/or protection if a notice and
request for return of such inadvertently produced Discovery Material is made promptly after the
Producing Party learns of its inadvertent production.

02198.51855/4624463.1

(b)

Upon a notice and request from any Producing Party who has

inadvertently produced Discovery Material that it believes is privileged and/or protected, each
Receiving Party shall immediately return within five (5) days of such notice and request such
Protected Material or Discovery Material and all copies to the Producing Party, except for any
pages containing privileged markings by the Receiving Party which shall instead be destroyed and
certified as such by the Receiving Party to the Producing Party.
(c)

Within five (5) days of the Producing Party's notice and

request for the return and/or destruction of privileged Discovery Material, the
Producing Party shall provide a privilege log with entries for the inadvertently
produced document(s). The Producing Party shall maintain the referenced
document(s) until the Parties resolve any dispute concerning the privileged nature
of such documents or the Court rules on any motion to compel production of such
documents. If a dispute arises concerning the privileged nature of the document(s)
demanded or returned, the Parties shall meet and confer in good faith in an effort
to resolve the dispute. If the Parties are unable to resolve the dispute, the
Receiving Party may file a motion to compel the production of such document(s).
In the event of such a motion to compel, the Producing Party shall have the
burden to demonstrate the claimed privilege, work product immunity or other
immunity. However, in no case will the return of any demanded document be
delayed or refused by reason of a party's objection to the demand or by the filing
of a motion to compel, nor may a party assert the fact of the inadvertent
production as a ground for any such motion. The Parties further agree that the
Receiving Party will not use or refer to any information contained within the

02198.51855/4624463.1

document(s) at issue, including in deposition or at trial or in any Court filing,
unless and until such a motion to compel production of that document is granted
by a Court, except as such information may appear in any applicable privilege
log.
17. INADVERTENT FAILURE TO DESIGNATE PROPERLY
(a)

The inadvertent failure by a Producing Party to designate Discovery

Material as Protected Material with one of the designations provided for under this Order shall
not waive any such designation provided that the Producing Party notifies all Receiving Parties
that such Discovery Material is protected under one of the categories of this Order within
fourteen (14) days of the Producing Party learning of the inadvertent failure to designate. The
Producing Party shall reproduce the Protected Material with the correct confidentiality
designation within seven (7) days upon its notification to the Receiving Parties. Upon receiving
the Protected Material with the correct confidentiality designation, the Receiving Parties shall
destroy all Discovery Material that was not designated properly.
(b)

A Receiving Party shall not be in breach of this Order for any use of such

Discovery Material before the Receiving Party receives the notice described in Paragraph 17(a),
unless an objectively reasonable person would have realized that the Discovery Material should
have been appropriately designated with a confidentiality designation under this Order. Once a
Receiving Party has received the Protected Material with the correct confidentiality designation,
the Receiving Party shall treat such Discovery Material (subject to the exception in Paragraph 17(c)
below) at the appropriately designated level pursuant to the terms of this Order.
(c)

Protected

Material

produced

without

the

designation

of

"CONFIDENTIAL," "HIGHLY CONFIDENTIAL — ATTORNEYS' EYES ONLY" or

02198.51855/4624463.1

"HIGHLY CONFIDENTIAL — OUTSIDE ATTORNEYS' EYES ONLY — SOURCE CODE"
may be so designated subsequent to production when the Producing Party failed to make such
designation at the time of production through inadvertence or error. If Discovery Material is
designated subsequent to production, the Receiving Party promptly shall collect any copies that
have been provided to individuals so that they can be re-labeled with the "CONFIDENTIAL,"
"HIGHLY CONFIDENTIAL — ATTORNEYS' EYES ONLY" or "HIGHLY CONFIDENTIAL
— OUTSIDE ATTORNEYS' EYES ONLY — SOURCE CODE" designation. Notwithstanding
the above, such subsequent designation of "CONFIDENTIAL," "HIGHLY CONFIDENTIAL —
ATTORNEYS' EYES ONLY" or "HIGHLY CONFIDENTIAL — OUTSIDE ATTORNEYS'
EYES ONLY — SOURCE CODE" shall apply on a going forward basis and shall not disqualify
anyone who reviewed "CONFIDENTIAL," "HIGHLY CONFIDENTIAL — ATTORNEYS'
EYES ONLY" or "HIGHLY CONFIDENTIAL — OUTSIDE ATTORNEYS' EYES ONLY —
SOURCE CODE" materials only while the materials were not marked "CONFIDENTIAL,"
"HIGHLY CONFIDENTIAL — ATTORNEYS' EYES ONLY" or "HIGHLY CONFIDENTIAL
— OUTSIDE ATTORNEYS' EYES ONLY — SOURCE CODE" from engaging in the activities
set forth in Paragraph 6(b).
18. INADVERTENT DISCLOSURE NOT AUTHORIZED BY ORDER

(a) In the event of a disclosure of any Discovery Material pursuant to this
Order to any person or persons not authorized to receive such disclosure under this Protective
Order, the Party responsible for having made such disclosure, and each Party with knowledge
thereof, shall immediately notify counsel for the Producing Party whose Discovery Material has
been disclosed and provide to such counsel all known relevant information concerning the nature
and circumstances of the disclosure. The responsible disclosing Party shall also promptly take

02198.5] 855/4624463.]

all reasonable measures to retrieve the improperly disclosed Discovery Material and to ensure
that no further or greater unauthorized disclosure and/or use thereof is made
(b)

Unauthorized or inadvertent disclosure does not change the status of

Discovery Material or waive the right to hold the disclosed document or information as
Protected.
19. FINAL DISPOSITION
(a)

Not later than ninety (90) days after the Final Disposition of this case,

each Party shall return all Discovery Material of a Producing Party to the respective outside
counsel of the Producing Party or destroy such Material, at the option of the Producing Party.
For purposes of this Order, "Final Disposition" occurs after an order, mandate, or dismissal
finally terminating the above-captioned action with prejudice, including all appeals.
(b)

All Parties that have received any such Discovery Material shall certify in

writing that all such materials have been returned to the respective outside counsel of the
Producing Party or destroyed. Notwithstanding the provisions for return of Discovery Material,
outside counsel may retain one set of pleadings, correspondence and attorney and consultant
work product (but not document productions) for archival purposes, but must return or destroy
any pleadings, correspondence, and consultant work product that contain Source Code.
20, DISCOVERY FROM EXPERTS OR CONSULTANTS
(a)

The Parties will not seek drafts of expert reports,

declarations, affidavits, or notes taken by experts retained to testify in this
litigation, whether those reports, declarations, affidavits, or notes relate to this
litigation, to any prior litigation, or to any currently pending investigation,
litigation or proceeding involving any of the Parties. The Parties will not seek

02198.51855/4624463.1

documents relating to communications between such experts and counsel,
including email communications, whether generated in connection with this
litigation, a prior litigation, or any currently pending investigation, litigation or
proceeding involving any of the Parties, except for documents, information and
things included in or attached to such communications that are directly relied
upon by the expert in his or her expert report, declaration, affidavit, or testimony.
(b)

Except where a draft was produced as the only available copy, the Parties

will not inquire at deposition or trial as to the contents of drafts of expert reports, declarations or
affidavits, nor notes pertaining thereto, whether drafted in connection with this litigation, a prior
litigation, or any currently pending investigation, litigation or proceeding involving any of the
Parties, and the Parties will not inquire at deposition or at trial as to the expert's communications,
written or oral, with counsel, whether generated in connection with this litigation, a prior
litigation, or any currently pending investigation, litigation or proceeding involving any of the
Parties, except to the extent that the expert explicitly references or cites information from
counsel in his or her expert report, declaration, affidavit, or testimony.
(c)

Furthermore, nothing in Paragraph 20(a)-(b) is intended to restrict the

Parties' ability to inquire into the basis of any of the opinions expressed by any expert in his or
her report, declaration, or affidavit, including the manner by which such opinions were reached,
and information considered in reaching such opinions.
(d)

Materials, communications, and other information exempt from discovery

under the foregoing Paragraph 20(a)-(b) shall be treated as attorney-work product for the
purposes of this litigation and Order.
21. ELECTRONIC DISCOVERY

02198.51855/4624463.1

(a)

The Parties agree that no voicemail, instant messages, text

messages, or materials that may be archived and/or retained in tape, floppy disc,
optical disc or similar media for backup or disaster recovery shall be searched for
or produced unless good cause for the production can be shown, and further
subject to the Producing Party's claim of undue burden or cost. The Parties shall
meet and confer as to good cause on this issue.
(b)

Materials retained in tape, floppy disk, optical disk or

similar formats primarily for back-up or disaster recovery purposes should be
considered not reasonably accessible under Rule 26(b)(2) of the Federal Rules of
Civil Procedure and, accordingly, should not be subject to production unless
specific facts demonstrate a particular need for such evidence that justifies the
burden of retrieval. Archives stored on computer servers, external hard drives,
notebooks, or personal computer hard drives that are created for disaster recovery
purposes and not used as reference materials in the ordinary course of a party's
business operations need not be searched or produced absent good cause, and
further subject to the Producing Party's claim of undue burden or cost. Neither
party need deviate from the practices it normally exercises with regard to
preservation of such "tape, floppy disk, optical disk or similar formats primarily
for back-up or disaster recovery purposes" that it does not otherwise exercise
when not in anticipation of litigation (e.g., recycling of backup tapes is permitted).
22. CROSS REFERENCE AND USE OF DISCOVERY MATERIALS
-

Documents that have been or are produced (with appropriate Bates numbers) in
the below-referenced pending United States proceedings involving Apple and Samsung are

02198.51855/4624463.1

deemed produced in the above-captioned action, and neither party shall be deemed to have
violated a protective order in the below listed matters by using such documents in the abovecaptioned action:

In the Matter of Certain Electronic Devices, Including Wireless

Communication Devices, Portable Music and Data Processing Devices, and Tablet Computers,
USITC Inv. No. 337-TA-794, and In the Matter of Certain Electronic Digital Media Devices and

Components Thereof, USITC Inv. No. 337-TA-796. Any document produced by a Party in the
one of the aforementioned proceedings shall be used and treated with the same level of
confidentiality for purposes of this action (e.g., a document designated by a Party as
"Confidential Business Information" shall be treated as "HIGHLY CONFIDENTIAL —
ATTORNEYS' EYES ONLY" in this action) as an initial matter, but may be re-designated
pursuant to Paragraph 13 of this Order. This paragraph shall not extend to cross-use of
confidential materials produced by third parties in such matters. This cross-use provision also
does not apply to other forms of discovery, including, without limitation, deposition transcripts
and videos, deposition exhibits, expert reports and responses to interrogatories or requests for
admission. Nothing in this paragraph, however, prohibits a party from seeking such other
forms of discovery through service of formal discovery requests in this action. Any costs
incurred in the above-referenced ITC matters shall be excluded from a computation of taxable
costs under Fed. R. Civ. P. 54 and N.D. Cal. Civ. L.R. 54.
23. MISCELLANEOUS
(a)

Right to Further Relief. Nothing in this Order abridges the right of any

person to seek its modification by the Court in the future. By stipulating to this Order, the
Parties do not waive the right to argue that certain material may require additional or different
confidentiality protections than those set forth herein.

02198.51855/4624463.1

(b)

Termination of Matter and Retention of Jurisdiction. The Parties agree

that the terms of this Protective Order shall survive and remain in effect after the Final
Disposition of the above-captioned matter. The Court shall retain jurisdiction after Final
Disposition of this matter to hear and resolve any disputes arising out of this Protective Order.
(c)

Successors. This Order shall be binding upon the Parties hereto, their

attorneys, and their successors, executors, personal representatives, administrators, heirs, legal
representatives, assigns, subsidiaries, divisions, employees, agents, retained consultants and
experts, and any persons or organizations over which they have direct control.
(d)

Right to Assert Other Objections. By stipulating to the entry of this

Protective Order, no Party waives any right it otherwise would have to object to disclosing or
producing any information or item. Similarly, no Party waives any right to object on any
ground to use in evidence of any of the material covered by this Protective Order. This Order
shall not constitute a waiver of the right of any Party to claim in this action or otherwise that any
Discovery Material, or any portion thereof, is privileged or otherwise non-discoverable, or is not
admissible in evidence in this action or any other proceeding.
(e)

Burdens of Proof. Notwithstanding anything to the contrary above,

nothing in this Protective Order shall be construed to change the burdens of proof or legal
standards applicable in disputes regarding whether particular Discovery Material is confidential,
which level of confidentiality is appropriate, whether disclosure should be restricted, and if so,
what restrictions should apply.
(f)

Modification by Court. This Order is subject to further court order based

upon public policy or other considerations, and the Court may modify this Order sua sponte in
the interests of justice. The United States District Court for the Northern District of California is

02198.51855/4624463.1

responsible for the interpretation and enforcement of this Order. All disputes concerning
Protected Material, however designated, produced under the protection of this Order shall be
resolved by the United States District Court for the Northern District of California.
(g)

Discovery Rules Remain Unchanged. Nothing herein shall alter or

change in any way the discovery provisions of the Federal Rules of Civil Procedure, the Local
Rules for the United States District Court for the Northern District of California, or the Court's
own orders. 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, the Local Rules for the United States
District Court for the Northern District of California, or the Court's own orders.
(h)

Supersession of Any Protective Orders. Except as otherwise set forth in

this paragraph, this Protective Order supersedes any protective orders referenced by the Parties
as applying to material disclosed before the entry of this Protective Order. Any discovery
material disclosed by any Party before the entry of this Protective Order shall retain whatever
confidentiality designation it originally bore. Such Protected Material that was designated as
"HIGHLY CONFIDENTIAL — ATTORNEYS' EYES ONLY" or "HIGHLY CONFIDENTIAL
— OUTSIDE COUNSEL'S EYES ONLY" pursuant to this Court's Patent L.R. 2-2 Model
Interim Protective Order, or by the Stipulated Modification to Patent L.R. 2-2 Model Interim
Protective Order for Purposes of Expedited Discovery (D.N. 76), shall be treated as if they were
designated "CONFIDENTIAL - ATTORNEYS' EYES ONLY," and such Protected Material
previously designated as "HIGHLY CONFIDENTIAL — SOURCE CODE" pursuant to either or
both of those prior orders shall be treated as if they were designated "HIGHLY
CONFIDENTIAL - OUTSIDE ATTORNEYS' EYES ONLY - SOURCE CODE." In addition,

02198.51855/4624463.1

any expert disclosed pursuant to Paragraph 7.4(a)(2) of the Interim Protective Order shall be
deemed to have been disclosed pursuant to Paragraph 11 of this Protective Order.

STIPULATED AND AGREED:
Dated: December 22, 2011

/s/ Mark D. Selwyn
William F. Lee
WILMER CUTLER PICKERING
HALE AND DORR LLP
60 State Street
Boston, Massachusetts 02109
Telephone: [phone]
Facsimile: [phone]
Mark D. Selwyn
WILMER CUTLER PICKERING
HALE AND DORR LLP
950 Page Mill Road
Palo Alto, California 94304
Telephone: [phone]
Facsimile: [phone]
Harold J. McElhinny
Michael A. Jacobs
Richard S.J. Hung
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]

Counsel for Plaintiff and CounterclaimDefendant Apple Inc.

02198.51855/4624463.1

Respectfully submitted,

/s/ Diane C. Hutnyan
Charles K. Verhoeven
QUINN EMANUEL URQUHART
& SULLIVAN LLP
50 California Street, 22 Floor
San Francisco, California 94111
Telephone: [phone]
Victoria Maroulis
QUINN EMANUEL URQUHART
& SULLIVAN LLP
555 Twin Dolphin Drive, 5 th Floor
Redwood Shores, California 94065
Telephone: [phone]
Diane C. Hutnyan
QUINN EMANUEL URQUHART
& SULLIVAN LLP
865 S. Figueroa St., 101h Floor
Los Angeles, California 90017
Telephone: [phone]

Counsel for Samsung Electronics Co., Ltd.,
Samsung Electronics America, Inc., and
Samsung Telecommunications America, LLC

IT IS SO ORDERED.
Date: 1-30-2012
Is Paul S. Grewal
UNITED STATES MAGISTRATE JUDGE

EXHIBIT A

I,

, acknowledge and declare that I have received a

copy of the Protective Order ("Order") in Apple Inc. v. Samsung Electronics Co., Ltd.,
Samsung Electronics America, Inc., and Samsung Telecommunications America, LLC,
United States District Court, Northern District of California, San Jose Division, Civil Action
No. 11 -cv-01 846-LHK. Having read and understood the terms of the Order, I agree to be
bound by the terms of the Order and consent to the jurisdiction of said Court for the purpose
of any proceeding to enforce the terms of the Order.
Name of individual:
Present occupation/job description:

Name of Company or Firm:
Address:
Dated:
f Signaturel

02198.51855/4624463.1