Mediatek Inc. v. NXP Semiconductors N.V.

• Court: District Court, C.D. California
• Decided: March 14, 2022
• Docket: 2:21-cv-04969
• Status: Unknown

Opinion

Case 2'21-cv-04969-GW-AFM Document 91 Filed 03/14/22 Page1of40 Page ID #:1667 UNITED STATES DISTRICT COURT

9 CENTRAL DISTRICT OF CALIFORNIA 10 11 MEDIATEK INC. and CASE NO. 2:21-CV-04969-GW- MEDIATEK USA INC., AFMx . STIPULATED PROTECTIVE 13 Plaintiffs, ORDER {PROPOSED} 14 Vv. 15 NXP SEMICONDUCTORS N.V., 16 | NXP USA, INC., 17 || AVNET, INC., ARROW ELECTRONICS, INC., 18 | ROBERT BOSCH GMBH, 19 | ROBERT BOSCH LLC, 50 CONTINENTAL AG, and CONTINENTAL AUTOMOTIVE 21 GMBH, 22 Defendants. 23 24 25 26 27 28 STIPULATED PROTECTIVE ORDER [PROPOSED] CASE NO. 2:21-CV-04969-GW-AFM

Case 2:21-cv-04969-GW-AFM Document 91 Filed 03/14/22 Page 2 of 40 Page ID #:1668

1 Plaintiffs and Counterclaim-Defendants MediaTek Inc. and MediaTek USA 2 Inc. (collectively, “Plaintiffs”) and Defendants and Counterclaim-Plaintiffs NXP 3 USA, Inc. and Defendants NXP Semiconductors N.V., Avnet, Inc., Arrow 4 Electronics, Inc., Robert Bosch GmbH and Robert Bosch LLC, and Continental AG 5 and Continental Automotive GmbH (collectively, “Defendants”) anticipate that 6 documents, testimony, and information containing or reflecting confidential, 7 proprietary, trade secret, and/or commercially sensitive information are likely to be 8 disclosed or produced during the course of discovery, initial disclosures, and 9 supplemental disclosures in this case, and request that the Court enter this Order 10 setting forth the conditions for treating, obtaining, and using such information. 11 Pursuant to Rule 26(c) of the Federal Rules of Civil Procedure, the Court finds 12 good cause for the following Stipulated Protective Order (“Order” or “Protective 13 Order”): 14 1. PURPOSES AND LIMITATIONS 15 (a) Protected Material designated under the terms of this Protective Order 16 shall be used by a Receiving Party solely for this case and shall not be used directly 17 or indirectly for any other purpose whatsoever. 18 (b) To the extent that any one of Defendants in this litigation provides 19 Protected Material under the terms of this Protective Order to Plaintiffs, Plaintiffs 20 shall not share that material with the other Defendants in this litigation, absent 21 express written permission from the producing Defendant or an order from the Court. 22 However, Plaintiffs may share materials between Defendants if it is clear that both 23 Defendants have the information, e.g., an email between NXP and Continental that 24 is produced by NXP could be shared with Continental. This Order does not confer 25 any right to any one Defendant to access the Protected Material of any other 26 Defendant that they would not otherwise have access to. 27 28 1

STIPULATED PROTECTIVE ORDER [PROPOSED], CASE NO. 2:21-CV-04969-GW-AFM Case 2:21-cv-04969-GW-AFM Document 91 Filed 03/14/22 Page 3 of 40 Page ID #:1669

1 (c) The Parties acknowledge that this Order does not confer blanket 2 protections on all disclosures during discovery, or in the course of making initial or 3 supplemental disclosures under Rule 26(a). Designations under this Order shall be 4 made with care and shall not be made absent a good faith belief that the designated 5 material satisfies the criteria set forth below. If it comes to a Producing Party’s 6 attention that designated material does not qualify for protection at all, or does not 7 qualify for the level of protection initially asserted, the Producing Party must 8 promptly notify all other Parties that it is withdrawing or changing the designation. 9 (d) This Protective Order does not govern the use of confidential 10 information at trial. The use of confidential information at trial shall be governed by 11 orders of the trial judge. 12 2. DEFINITIONS 13 (a) The following definitions apply to terms used in this Order: 14 (i) “Discovery Material” means all items or information, including 15 from any non-party, regardless of the medium or manner generated, stored, or 16 maintained (including, among other things, testimony, transcripts, and tangible 17 things) that are produced, disclosed, or generated in connection with discovery 18 or Rule 26(a) disclosures in this case. 19 (ii) “Outside Counsel” means (i) outside counsel who appear on the 20 pleadings as counsel for a Party and (ii) partners, associates, paralegals, and 21 staff of such counsel to whom it is reasonably necessary to disclose or allow 22 access to the information for this litigation. 23 (iii) “Patents-in-Suit” means U.S. Patent No. 6,738,845, U.S. Patent 24 No. 6,823,451, U.S. Patent No. 8,464,037, U.S. Patent No. 9,265,056, U.S. 25 Patent No. 9,538,531, U.S. Patent No. 10,211,948, U.S. Patent No. 10,278,224, 26 U.S. Patent No. 10,764,874, U.S. Patent No. 9,480,018, U.S. Patent No. 27 10,404,839. 28 2

STIPULATED PROTECTIVE ORDER [PROPOSED], CASE NO. 2:21-CV-04969-GW-AFM Case 2:21-cv-04969-GW-AFM Document 91 Filed 03/14/22 Page 4 of 40 Page ID #:1670

1 (iv) “Party” means any party to this case, including all of its officers, 2 directors, employees and their support staffs. 3 (v) “Producing Party” means any Party or non-party that discloses or 4 produces any Discovery Material in this case. 5 (vi) “Protected Material” means any Discovery Material that is 6 designated as “CONFIDENTIAL,” “CONFIDENTIAL – ATTORNEYS’ 7 EYES ONLY,” or “CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES 8 ONLY – SOURCE CODE,” as provided for in this Order. Protected Material 9 shall not include: (i) advertising materials that have been actually published or 10 publicly disseminated; and (ii) materials that show on their face they have been 11 disseminated to the public. 12 (vii) “Receiving Party” means any Party who receives Discovery 13 Material from a Producing Party. 14 (viii) “Source Code” means computer code, scripts, assembly, binaries, 15 object code, source code listings and descriptions of source code, object code 16 listings and descriptions of object code, data residing in a database or 17 databases, including mask and layout files (e.g. GDS, .sip formats), Hardware 18 Description Language (HDL) or Register Transfer Level (RTL) files that 19 describe the hardware design of any ASIC or other chip, process flow 20 documents and/or recipes, and design rule manuals. 21 3. COMPUTATION OF TIME 22 The computation of any period of time prescribed or allowed by this Order 23 shall be governed by the provisions for computing time set forth in Federal Rule of 24 Civil Procedure 6. 25 4. SCOPE 26 (a) The protections conferred by this Order cover not only Discovery 27 Material governed by this Order as addressed herein, but also any information copied 28 3

STIPULATED PROTECTIVE ORDER [PROPOSED], CASE NO. 2:21-CV-04969-GW-AFM Case 2:21-cv-04969-GW-AFM Document 91 Filed 03/14/22 Page 5 of 40 Page ID #:1671

1 or extracted therefrom, as well as all copies, excerpts, summaries, or compilations 2 thereof, plus testimony, conversations, or presentations by Parties or their counsel in 3 court or in other settings that might reveal Protected Material. 4 (b) Nothing in this Protective Order shall prevent or restrict a Producing 5 Party’s own disclosure or use of its own Protected Material for any purpose, and 6 nothing in this Order shall preclude any Receiving Party from showing Protected 7 Material to an individual who prepared or was involved in the preparation of such 8 Protected Material. 9 (c) Nothing in this Order shall be construed to prejudice any Party’s right 10 to use any Protected Material in court or in any court filing with the consent of the 11 Producing Party or by order of the Court. 12 (d) This Order is without prejudice to the right of any Party to seek further 13 or additional protection of any Discovery Material or to modify this Order in any 14 way, including, without limitation, an order that certain matter not be produced at all. 15 5. DURATION 16 Even after the termination of this case, the confidentiality obligations imposed 17 by this Order shall remain in effect until a Producing Party agrees otherwise in 18 writing or a court order otherwise directs. 19 6. ACCESS TO AND USE OF PROTECTED MATERIAL 20 (a) Basic Principles. All Protected Material shall be used solely for this 21 case or any related appellate proceeding, and not for any other purpose whatsoever, 22 including, without limitation, any other litigation, patent prosecution or acquisition, 23 patent reexamination, inter parties review, or reissue proceedings, or any business or 24 competitive purpose or function. Protected Material shall not be distributed, 25 disclosed, or made available to anyone except as expressly provided in this Order. 26 (b) Patent Prosecution Bar. Absent the written consent of the Producing 27 Party, any person on behalf of the Plaintiffs who receives one or more items 28 4

STIPULATED PROTECTIVE ORDER [PROPOSED], CASE NO. 2:21-CV-04969-GW-AFM Case 2:21-cv-04969-GW-AFM Document 91 Filed 03/14/22 Page 6 of 40 Page ID #:1672

1 designated “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” or 2 “CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY – SOURCE CODE” 3 by a Defendant (“Barred Person”) shall not be involved, directly or indirectly, in any 4 of the following activities: (i) preparing, prosecuting, supervising, or otherwise 5 assisting in the preparation or prosecution of any patent application related by claim 6 of priority to any of the Patents-in-Suit; (ii) amending any claim of any of the Patents- 7 in-Suit; and (iii) advising on, consulting on, preparing, prosecuting, drafting, editing, 8 and/or amending of patent applications, specifications, claims, and/or responses to 9 office actions, or otherwise affecting the scope of claims in patent applications 10 relating to the structures/and or functionality accused of infringing the Patents-in- 11 Suit before any foreign or domestic agency, including the United States Patent and 12 Trademark Office. These prohibitions are not intended to and shall not preclude 13 counsel from participating in proceedings on behalf of a Party challenging or 14 defending the validity of any patent, including, but not limited to, as part of any 15 reexamination, inter partes review, or reissue proceedings, but Barred Persons 16 (including counsel for the Receiving Party) may not participate, directly or indirectly, 17 in drafting, amending, or altering the language of any patent claim(s) in any such 18 proceeding. These prohibitions shall begin when access to “CONFIDENTIAL – 19 ATTORNEYS’ EYES ONLY” or “CONFIDENTIAL – OUTSIDE ATTORNEYS’ 20 EYES ONLY – SOURCE CODE” materials are first received by the Barred Person, 21 and shall end two (2) years after the final resolution of this action, including all 22 appeals. Nothing in this Protective Order shall prevent any attorney from sending 23 Prior Art to persons involved in prosecuting patent applications for purposes of 24 ensuring that such Prior Art is submitted to the U.S. Patent and Trademark Office (or 25 any similar agency of a foreign government) in compliance with any duty of candor. 26 Nothing in this paragraph shall prohibit any attorney of record in this litigation from 27 discussing any aspect of this case that is reasonably necessary for the prosecution or 28 5

STIPULATED PROTECTIVE ORDER [PROPOSED], CASE NO. 2:21-CV-04969-GW-AFM Case 2:21-cv-04969-GW-AFM Document 91 Filed 03/14/22 Page 7 of 40 Page ID #:1673

1 defense of any claim or counterclaim in this litigation. This Prosecution Bar applies 2 to each individual reviewing the “CONFIDENTIAL – ATTORNEYS’ EYES 3 ONLY” or “CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY - 4 SOURCE CODE” material and does not impute to the law firm, institution, or 5 company who employs the individual. 6 (c) Secure Storage, No Export. Protected Material must be stored and 7 maintained by a Receiving Party at a location in the United States and in a secure 8 manner that ensures that access is limited to the persons authorized under this Order. 9 To ensure compliance with applicable United States Export Administration 10 Regulations, Protected Material may not be exported outside the United States or 11 released to a foreign national (even if within the United States). 12 (d) Legal Advice Based on Protected Material. Nothing in this Protective 13 Order shall be construed to prevent Outside Counsel or in-house counsel for a 14 Receiving Party from advising their clients with respect to this case based in whole 15 or in part upon Protected Materials, provided counsel does not (i) violate Section (b) 16 or (ii) disclose the Protected Material itself except as provided in this Order. 17 (e) Limitations. Nothing in this Order shall restrict in any way a Producing 18 Party’s use or disclosure of its own Protected Material. Nothing in this Order shall 19 restrict in any way the use or disclosure of Discovery Material by a Receiving Party: 20 (i) that is or has become publicly known through no fault of the Receiving Party; (ii) 21 that is lawfully acquired by or known to the Receiving Party independent of the 22 Producing Party; (iii) that was previously produced, disclosed and/or provided by the 23 Producing Party to the Receiving Party or a non-party without an obligation of 24 confidentiality and not by inadvertence or mistake; (iv) with the consent of the 25 Producing Party; or (v) pursuant to an order of the Court. 26 (f) Cross-Production of Defendant Confidential Material. No 27 Defendant is required to produce its Protected Material to any other Defendant or 28 6

STIPULATED PROTECTIVE ORDER [PROPOSED], CASE NO. 2:21-CV-04969-GW-AFM Case 2:21-cv-04969-GW-AFM Document 91 Filed 03/14/22 Page 8 of 40 Page ID #:1674

1 Defendants, but nothing in this Order shall preclude such production. To the extent 2 a Defendant produces its Protected Material to any other Defendant or Defendants, 3 all Parties shall be notified of such production. Notwithstanding the provisions of 4 this Protective Order, Plaintiffs shall not disclose one Defendant’s Protected Material 5 to any other Defendant or Defendants through Court filings, oral argument in Court, 6 expert reports, depositions, discovery requests, discovery responses, or any other 7 means, without the express prior written consent of the Defendant that produced the 8 Protected Material. Nothing herein prevents Plaintiffs from relying on or otherwise 9 using one Defendant’s Protected Material in its case against any other Defendant; or 10 any Defendant from relying on or otherwise using another Defendant’s Protected 11 material in its case against Plaintiff. Nothing herein prevents any Party from serving 12 any other Party’s Outside Counsel with or submitting under seal to the Court any 13 filings, pleadings, expert reports, discovery, letters, or other submissions that include 14 Protected Material from any Party. To the extent such material is served on 15 Defendants’ Outside Counsel, it shall be the responsibility of the serving party to 16 prepare redacted versions of such documents for each Defendant, to the extent 17 Defendants’ Outside Counsel deems necessary. 18 7. DESIGNATING PROTECTED MATERIAL 19 (a) Available Designations. Any Producing Party may designate 20 Discovery Material with any of the following designations, provided that it meets the 21 requirements for such designations as provided for herein: “CONFIDENTIAL,” 22 “CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” or “CONFIDENTIAL – 23 OUTSIDE ATTORNEYS’ EYES ONLY – SOURCE CODE.” 24 (b) Written Discovery and Documents and Tangible Things. Written 25 discovery, documents (which include “electronically stored information,” as that 26 phrase is used in Federal Rule of Procedure 34), and tangible things that meet the 27 requirements for the confidentiality designations listed in Paragraph 7(a) may be so 28 7

STIPULATED PROTECTIVE ORDER [PROPOSED], CASE NO. 2:21-CV-04969-GW-AFM Case 2:21-cv-04969-GW-AFM Document 91 Filed 03/14/22 Page 9 of 40 Page ID #:1675

1 designated by placing the appropriate designation on every page of the written 2 material prior to production. For digital files being produced, the Producing Party 3 may mark the filename and/or each viewable page or image with the appropriate 4 designation, and mark the medium, container, and/or communication in which the 5 digital files were contained. In the event that original documents are produced for 6 inspection, the original documents shall be presumed “CONFIDENTIAL – 7 ATTORNEYS’ EYES ONLY” during the inspection and may be re-designated, as 8 appropriate, during the copying process. 9 (c) Native Files. Where electronic files and documents are produced in 10 native electronic format, such electronic files and documents shall be designated for 11 protection under this Order by appending to the file names or designators information 12 indicating whether the file contains “CONFIDENTIAL,” “CONFIDENTIAL – 13 ATTORNEYS’ EYES ONLY,” or “CONFIDENTIAL – OUTSIDE ATTORNEYS’ 14 EYES ONLY – SOURCE CODE,” material, or shall use any other reasonable 15 method for so designating Protected Materials produced in electronic format. When 16 native electronic files or documents are printed for use at deposition, in a court 17 proceeding, or for provision in printed form to an expert or consultant pre-approved 18 pursuant to Section 12 below, the party printing the electronic files or documents 19 shall affix a legend to the printed document corresponding to the designation of the 20 Designating Party and including the production number and designation associated 21 with the native file. 22 (d) Depositions and Testimony. Parties or testifying persons or entities 23 may designate depositions and other testimony with the appropriate designation by 24 indicating on the record at the time the testimony is given or by sending written notice 25 of how portions of the transcript of the testimony are designated within thirty (30) 26 days of receipt of the transcript of the testimony. If no indication on the record is 27 made, all information disclosed during a deposition shall be deemed 28 8

STIPULATED PROTECTIVE ORDER [PROPOSED], CASE NO. 2:21-CV-04969-GW-AFM Case 2:21-cv-04969-GW-AFM Document 91 Filed 03/14/22 Page 10 of 40 Page ID #:1676

1 “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” unless, and until, the deposition 2 transcript, or a portion thereof, is redesignated by the applicable Producing Party. 3 Any Protected Material that is used in the taking of a deposition, along with the 4 transcript pages of the deposition testimony dealing with such Protected Material, 5 shall remain subject to the provisions of this Protective Order, including any 6 applicable confidentiality designation. In such cases, the court reporter shall be 7 informed of this Protective Order and shall be required to operate in a manner 8 consistent with this Protective Order. In the event the deposition is videotaped, the 9 original and all copies of the videotape shall be marked by the video technician to 10 indicate that the contents of the videotape are subject to this Protective Order, 11 substantially along the lines of “This videotape contains confidential testimony used 12 in this case and is not to be viewed or the contents thereof to be displayed or revealed 13 except pursuant to the terms of the operative Protective Order in this matter or 14 pursuant to written stipulation of the parties.” Counsel for any Producing Party shall 15 have the right to exclude from oral depositions, other than the deponent, deponent’s 16 counsel, the reporter and videographer (if any), any person who is not authorized by 17 this Protective Order to receive or access Protected Material based on the designation 18 of such Protected Material. Such right of exclusion shall be applicable only during 19 periods of examination or testimony regarding such Protected Material. 20 8. DISCOVERY MATERIAL DESIGNATED AS “CONFIDENTIAL” 21 (a) A Producing Party may designate Discovery Material as 22 “CONFIDENTIAL” if it contains or reflects confidential, proprietary, and/or 23 commercially-sensitive information. 24 (b) Unless otherwise ordered by the Court, Discovery Material designated 25 as “CONFIDENTIAL” may be disclosed only to the following: 26 27 28 9

STIPULATED PROTECTIVE ORDER [PROPOSED], CASE NO. 2:21-CV-04969-GW-AFM Case 2:21-cv-04969-GW-AFM Document 91 Filed 03/14/22 Page 11 of 40 Page ID #:1677

1 (i) The Receiving Party’s Outside Counsel and any copying, 2 document management, or clerical litigation support services or vendors 3 working at the direction of such Outside Counsel; 4 (ii) Not more than four (4) representatives of each Receiving Party1 5 who are in-house counsel for the Receiving Party, as well as their immediate 6 paralegals and staff, to whom disclosure is reasonably necessary for this case, 7 provided that each such in-house counsel representative has agreed to be bound 8 by the provisions of this Protective Order by signing a copy of Exhibit A; 9 (iii) Any outside expert or consultant retained by a Receiving Party to 10 assist in this action, as well as their immediate support staff, provided that 11 disclosure is only to the extent necessary to perform such work and provided 12 that: (a) such expert or consultant has agreed to be bound by the provisions of 13 this Protective Order by signing a copy of Exhibit A; (b) such expert or 14 consultant is not a current officer, director, or employee of a Party or of a 15 competitor of a Party, nor is anticipated at the time of retention to become an 16 officer, director, or employee of a Party or of a competitor of a Party; (c) such 17 expert or consultant accesses the materials in the United States only, and does 18 not transport them to or access them from any foreign jurisdiction; and (d) no 19 unresolved objections to such disclosure exist after proper notice has been 20 given to all Parties as set forth in Section 12 below; 21 (iv) Any person who appears on the face of Discovery Material as an 22 author, addressee, creator, contributor, modifier, editor, or recipient thereof or 23

24 1 For purposes of Paragraphs 8(b)(ii) and 9(b)(ii), Defendants NXP Semiconductors N.V., NXP USA, Inc., (collectively “NXP”) are a single Receiving Party, Defendants 25 Robert Bosch GmbH and Robert Bosch LLC (collectively “Bosch”) are a single 26 Receiving Party, and Defendants Continental AG and Continental Automotive GmbH (collectively “Continental”) are a single Receiving Party. Thus, NXP, Bosch, 27 and Continental are each permitted only four (4) representatives total to access 28 Designated Material per the terms of this Order. 10

STIPULATED PROTECTIVE ORDER [PROPOSED], CASE NO. 2:21-CV-04969-GW-AFM Case 2:21-cv-04969-GW-AFM Document 91 Filed 03/14/22 Page 12 of 40 Page ID #:1678

1 who may be established as an author, addressee, creator, contributor, modifier, 2 editor, or recipient thereof by, for example, receipt of an email message to 3 which the Discovery Material is an attachment or receipt of a packet of 4 documents in which the Discovery Material was included; 5 (v) Court reporters, stenographers, and videographers retained to 6 record testimony taken in this action; 7 (vi) The Court, jury, and court personnel; 8 (vii) Graphics, translation, design, and trial consulting personnel, 9 provided that the managing personnel of such services have agreed to be bound 10 by the provisions of this Protective Order by signing a copy of Exhibit A 11 (which does not need to be disclosed to the Producing Party); 12 (viii) Mock jurors who have signed an undertaking or agreement 13 agreeing not to publicly disclose Protected Material and to keep any 14 information concerning Protected Material confidential; 15 (ix) Any arbitrator or mediator who is assigned to hear this matter, 16 and his or her staff, subject to their agreement to maintain confidentiality to 17 the same degree as required by this Protective Order; 18 (x) While testifying at deposition, trial, or any other Court hearing in 19 this action only: (a) any current officer, director or employee of the Producing 20 Party or original source of the information; (b) any former officer, director or 21 employee of the Producing Party or original source of the information if the 22 Protected Material pertains to the period or periods of his or her employment; 23 and/or (c) any person designated by the Producing Party to provide testimony 24 pursuant to Rule 30(b)(6) of the Federal Rules of Civil Procedure; and 25 (xi) Any other person with the prior written consent of the Producing 26 Party. 27 28 11

STIPULATED PROTECTIVE ORDER [PROPOSED], CASE NO. 2:21-CV-04969-GW-AFM Case 2:21-cv-04969-GW-AFM Document 91 Filed 03/14/22 Page 13 of 40 Page ID #:1679

1 9. DISCOVERY MATERIAL DESIGNATED AS “CONFIDENTIAL – 2 ATTORNEYS’ EYES ONLY” 3 (a) A Producing Party may designate Discovery Material as 4 “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” if it contains or reflects 5 information that is extremely confidential and/or sensitive in nature and the 6 Producing Party reasonably believes that the disclosure of such Discovery Material 7 is likely to cause economic harm or significant competitive disadvantage to the 8 Producing Party. The Parties agree, without limitation, that the following 9 information, if non-public, shall be presumed to merit the “CONFIDENTIAL – 10 ATTORNEYS’ EYES ONLY” designation: trade secrets, pricing information, 11 financial data, sales information, sales or marketing forecasts or plans, business 12 plans, sales or marketing strategy, product development information, engineering 13 documents, testing documents, employee information, licenses and agreements, and 14 other non-public information of similar competitive and business sensitivity. 15 (b) Unless otherwise ordered by the Court, Discovery Material designated 16 as “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” may be disclosed only to: 17 (i) The Receiving Party’s Outside Counsel, provided that such 18 Outside Counsel is not involved in competitive decision-making, as defined 19 by U.S. Steel v. United States, 730 F.2d 1465, 1468 n.3 (Fed. Cir. 1984) and 20 Brown Bag Software v. Symantec Corp., 960 F.2d 1465, 1471 (9th Cir. 1992), 21 on behalf of a Party or a competitor of a Party, and any copying, document 22 management, or clerical litigation support services or vendors working at the 23 direction of such counsel; 24 (ii) Any outside expert or consultant retained by the Receiving Party 25 to assist in this action, as well as their immediate support staff, provided that 26 disclosure is only to the extent necessary to perform such work; and provided 27 that: (a) such expert or consultant has agreed to be bound by the provisions of 28 12

STIPULATED PROTECTIVE ORDER [PROPOSED], CASE NO. 2:21-CV-04969-GW-AFM Case 2:21-cv-04969-GW-AFM Document 91 Filed 03/14/22 Page 14 of 40 Page ID #:1680

1 this Protective Order by signing a copy of Exhibit A; (b) such expert or 2 consultant is not a current officer, director, or employee of a Party or of a 3 competitor of a Party, nor anticipated at the time of retention to become an 4 officer, director, or employee of a Party or of a competitor of a Party; (c) such 5 expert or consultant is not involved in competitive decision-making, as defined 6 by U.S. Steel v. United States, 730 F.2d 1465, 1468 n.3 (Fed. Cir. 1984) and 7 Brown Bag Software v. Symantec Corp., 960 F.2d 1465, 1471 (9th Cir. 1992), 8 on behalf of a Party or a competitor of a Party; (d) such expert or consultant 9 accesses the materials in the United States only, and does not transport them 10 to or access them from any foreign jurisdiction; and (e) no unresolved 11 objections to such disclosure exist after proper notice has been given to all 12 Parties as set forth in Section 12 below; 13 (iii) Any person who appears on the face of Discovery Material as an 14 author, addressee, creator, contributor, modifier, editor, or recipient thereof or 15 who may be established as an author, addressee, creator, contributor, modifier, 16 editor, or recipient thereof by, for example, receipt of an email message to 17 which the Discovery Material is an attachment or receipt of a packet of 18 documents in which the Discovery Material was included; 19 (iv) Court reporters, stenographers, and videographers retained to 20 record testimony taken in this action; 21 (v) The Court, jury, and court personnel; 22 (vi) Graphics, translation, design, and/or trial consulting personnel, 23 including mock jurors retained to assist them in their work, provided that the 24 managing personnel of such services have first agreed to be bound by the 25 provisions of this Protective Order by signing a copy of Exhibit A (which does 26 not need to be disclosed to the Producing Party); 27 28 13

STIPULATED PROTECTIVE ORDER [PROPOSED], CASE NO. 2:21-CV-04969-GW-AFM Case 2:21-cv-04969-GW-AFM Document 91 Filed 03/14/22 Page 15 of 40 Page ID #:1681

1 (vii) Any arbitrator or mediator who is assigned to hear this matter, 2 and his or her staff, subject to their agreement to maintain confidentiality to 3 the same degree as required by this Protective Order; 4 (viii) While testifying at deposition, trial, or any other Court hearing in 5 this action only: (a) any current officer, director or employee of the Producing 6 Party or original source of the information; (b) any former officer, director or 7 employee of the Producing Party or original source of the information if the 8 Protected Material pertains to the period or periods of his or her employment; 9 and/or (c) any person designated by the Producing Party to provide testimony 10 pursuant to Rule 30(b)(6) of the Federal Rules of Civil Procedure; and 11 (ix) Any other person with the prior written consent of the Producing 12 Party. 13 10. DISCOVERY MATERIAL DESIGNATED AS “CONFIDENTIAL – 14 OUTSIDE ATTORNEYS’ EYES ONLY - SOURCE CODE” 15 (a) A Producing Party may designate Source Code as “CONFIDENTIAL – 16 OUTSIDE ATTORNEYS’ EYES ONLY – SOURCE CODE” if it comprises or 17 includes confidential, proprietary, and/or trade secret Source Code. 18 (b) Nothing in this Order shall be construed as a representation or admission 19 that Source Code is properly discoverable in this action or to obligate any Party to 20 produce any Source Code. 21 (c) Unless otherwise ordered by the Court, Discovery Material designated 22 as “CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY - SOURCE 23 CODE” shall be subject to the provisions set forth in Section 11 below, and may be 24 disclosed, subject to Section 11 below, solely to: 25 (i) The Receiving Party’s Outside Counsel, provided that such 26 Outside Counsel is not involved in competitive decision-making, as defined 27 by U.S. Steel v. United States, 730 F.2d 1465, 1468 n.3 (Fed. Cir. 1984) and 28 14

STIPULATED PROTECTIVE ORDER [PROPOSED], CASE NO. 2:21-CV-04969-GW-AFM Case 2:21-cv-04969-GW-AFM Document 91 Filed 03/14/22 Page 16 of 40 Page ID #:1682

1 Brown Bag Software v. Symantec Corp., 960 F.2d 1465, 1471 (9th Cir. 1992), 2 on behalf of a Party or a competitor of a Party, and such Outside Counsel’s 3 copying, document management, or clerical litigation support services or 4 vendors working at the direction of such counsel; 5 (ii) Any outside expert or consultant retained by the Receiving Party 6 to assist in this action, as well as their immediate support staff, provided that 7 disclosure is only to the extent necessary to perform such work; and provided 8 that: (a) such expert or consultant has agreed to be bound by the provisions of 9 this Protective Order by signing a copy of Exhibit A; (b) such expert or 10 consultant is not a current officer, director, or employee of a Party or of a 11 competitor of a Party, nor anticipated at the time of retention to become an 12 officer, director, or employee of a Party or of a competitor of a Party; (c) such 13 expert or consultant is not involved in competitive decision-making, as defined 14 by U.S. Steel v. United States, 730 F.2d 1465, 1468 n.3 (Fed. Cir. 1984) and 15 Brown Bag Software v. Symantec Corp., 960 F.2d 1465, 1471 (9th Cir. 1992), 16 on behalf of a Party or a competitor of a Party; and (d) no unresolved objections 17 to such disclosure exist after proper notice has been given to all Parties as set 18 forth in Section 12 below; 19 (iii) Any person who appears on the face of the Designated Material 20 as an author thereof; 21 (iv) Court reporters, stenographers, and videographers retained to 22 record testimony taken in this action; 23 (v) The Court, jury, and court personnel; 24 (vi) Any arbitrator or mediator who is assigned to hear this matter, 25 and his or her staff, subject to their agreement to maintain confidentiality to 26 the same degree as required by this Protective Order; and 27 28 15

STIPULATED PROTECTIVE ORDER [PROPOSED], CASE NO. 2:21-CV-04969-GW-AFM Case 2:21-cv-04969-GW-AFM Document 91 Filed 03/14/22 Page 17 of 40 Page ID #:1683

1 (vii) Any other person with the prior written consent of the Producing 2 Party. 3 11. DISCLOSURE AND REVIEW OF SOURCE CODE 4 (a) Any Source Code that is produced by Plaintiffs shall be made available 5 for inspection in electronic format at the Silicon Valley or Los Angeles offices of its 6 outside counsel, Quinn Emanuel Urquhart and Sullivan LLP, or any other location 7 mutually agreed by the Parties. Any Source Code that is produced by any Defendant 8 will be made available for inspection at the San Francisco, Austin, Houston, Los 9 Angeles, or Dallas offices of its outside counsel, or any other location mutually 10 agreed by the Parties. Source Code will be made available for inspection between 11 the hours of 8 a.m. and 6 p.m., local time at the review location, on business days 12 (i.e., weekdays that are not Federal holidays), although the Parties will be reasonable 13 in accommodating reasonable requests to conduct inspections at other times. 14 (b) Prior to the first inspection of any requested Source Code, the Receiving 15 Party shall provide seven (7) business days notice of the Source Code that it wishes 16 to inspect. The Receiving Party shall provide three (3) business days notice prior to 17 any additional inspections. 18 (c) Source Code that is designated “CONFIDENTIAL – OUTSIDE 19 ATTORNEYS’ EYES ONLY – SOURCE CODE” shall be produced for inspection 20 and review subject to the following provisions, unless otherwise agreed by the 21 Producing Party: 22 (i) All Source Code shall be made available by the Producing Party 23 to the Receiving Party’s Outside Counsel and/or experts/consultants in a 24 secure room, in text searchable form on a secured computer without Internet 25 access or network access to other computers and on which all access ports have 26 been disabled (except for one printer port), as necessary and appropriate to 27 prevent and protect against any unauthorized copying, transmission, removal, 28 16

STIPULATED PROTECTIVE ORDER [PROPOSED], CASE NO. 2:21-CV-04969-GW-AFM Case 2:21-cv-04969-GW-AFM Document 91 Filed 03/14/22 Page 18 of 40 Page ID #:1684

1 or other transfer of any Source Code outside or away from the computer on 2 which the Source Code is provided for inspection (the “Source Code 3 Computer” in the “Source Code Review Room”). In addition, and to the extent 4 it is feasible to do so, the Producing Party shall make the Source Code available 5 in hierarchical directory and file structures as close to the original as possible. 6 The Producing Party shall install tools that are sufficient for viewing and 7 searching the code produced, on the platform produced, if such tools exist and 8 are presently used in the ordinary course of the Producing Party’s business. 9 The Receiving Party’s Outside Counsel and/or experts/consultants may 10 request that commercially available software tools for viewing and searching 11 Source Code be installed on the Source Code Computer, provided, however, 12 that (a) the Receiving Party possesses an appropriate license to such software 13 tools; (b) the Producing Party approves such software tools; and (c) such other 14 software tools are reasonably necessary for the Receiving Party to perform its 15 review of the Source Code consistent with all of the protections herein. The 16 Producing Party shall approve reasonable requests for additional commercially 17 available software tools. The Receiving Party must provide the Producing 18 Party with such licensed software tool(s), including any necessary license 19 keys, at least six (6) days in advance of the date upon which the Receiving 20 Party wishes to have the additional software tools available for use on the 21 Source Code Computer. 22 (ii) No recordable media or recordable devices, including, without 23 limitation, sound recorders, computers, cellular telephones, peripheral 24 equipment, cameras, CDs, DVDs, or drives of any kind, shall be permitted into 25 the Source Code Review Room. The Producing Party shall make a space 26 available outside the secure room in which persons reviewing 27 “CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY - SOURCE 28 17

STIPULATED PROTECTIVE ORDER [PROPOSED], CASE NO. 2:21-CV-04969-GW-AFM Case 2:21-cv-04969-GW-AFM Document 91 Filed 03/14/22 Page 19 of 40 Page ID #:1685

1 CODE” may utilize such devices and/or transfer their hand-written notes to a 2 personal computer or other device. 3 (iii) The Receiving Party’s Outside Counsel and/or 4 experts/consultants shall be entitled to take hand-written notes relating to the 5 Source Code but may not copy the Source Code into the notes and may not 6 take such notes electronically on the Source Code Computer itself or any other 7 computer. 8 (iv) The Producing Party may visually monitor the activities of the 9 Receiving Party’s representatives during any Source Code review, but only to 10 ensure that no unauthorized electronic records of the Source Code, and no 11 information concerning the Source Code, are being created or transmitted in 12 any way. 13 (v) No copies of all or any portion of the Source Code may leave the 14 room in which the Source Code is inspected except as otherwise provided 15 herein. Further, no other written or electronic record of the Source Code is 16 permitted except as otherwise provided herein. The Producing Party shall 17 make available at its discretion one or both of (a) a laser printer with 18 commercially reasonable printing speeds for on-site printing during inspection 19 of the Source Code, or (b) software capable of printing to a PDF file saved on 20 the Source Code Computer. If the Producing Party elects to have printouts 21 made via PDF software, the Receiving Party should notify the Producing Party 22 when such materials are available, and the location in which the printed files 23 were saved. The Receiving Party may print limited portions of the Source 24 Code only when necessary to prepare court filings or pleadings or other papers 25 (including a testifying expert’s expert report) or to be used as deposition and/or 26 trial exhibits in connection with testimony by the Producing Party’s witnesses 27 concerning the Source Code. The burden shall be on the Receiving Party to 28 18

STIPULATED PROTECTIVE ORDER [PROPOSED], CASE NO. 2:21-CV-04969-GW-AFM Case 2:21-cv-04969-GW-AFM Document 91 Filed 03/14/22 Page 20 of 40 Page ID #:1686

1 demonstrate the need for a printed copy of more than five (5) pages of a 2 continuous block of Source Code. The Receiving Party shall not print Source 3 Code in order to review blocks of Source Code elsewhere in the first instance, 4 i.e., as an alternative to reviewing that Source Code electronically on the 5 Source Code Computer, as the Parties acknowledge and agree that the purpose 6 of the protections herein would be frustrated by printing portions of code for 7 review and analysis elsewhere, and that printing is permitted only when 8 necessary to prepare court filings or pleadings or other papers (including a 9 testifying expert’s expert report) or to be used as deposition and/or trial 10 exhibits in connection with testimony by the Producing Party’s witnesses 11 concerning the Source Code. Upon printing any such portions of Source Code, 12 the printed pages (physical or PDF) shall be collected by the Producing Party 13 from the printer or Source Code Computer in the Source Code Review Room. 14 The Producing Party shall Bates number, copy, and label “CONFIDENTIAL 15 – OUTSIDE ATTORNEYS’ EYES ONLY – SOURCE CODE” any pages 16 printed by the Receiving Party. Within three (3) days after printouts are made, 17 the Producing Party shall either: (i) provide one copy set of such pages to the 18 Receiving Party, or (ii) inform the Receiving Party that it objects that the 19 printed portions are excessive and/or not done for a permitted purpose. If, after 20 meeting and conferring, either via telephone or in person, the Parties cannot 21 resolve the objection, the Producing Party and the Receiving Party shall be 22 entitled to seek a Court resolution of whether the printed Source Code is 23 narrowly tailored and was printed for a permitted purpose. The burden shall be 24 on the Receiving Party to demonstrate that such printed portions are no more 25 than is reasonably necessary for a permitted purpose and not merely printed 26 for the purpose of analysis elsewhere. The printed pages shall constitute part 27 of the Source Code produced by the Producing Party in this action. 28 19

STIPULATED PROTECTIVE ORDER [PROPOSED], CASE NO. 2:21-CV-04969-GW-AFM Case 2:21-cv-04969-GW-AFM Document 91 Filed 03/14/22 Page 21 of 40 Page ID #:1687

1 (vi) Unless otherwise agreed in advance by the Parties in writing, 2 following each day on which inspection is done under this Order, the 3 Receiving Party’s Outside Counsel and/or experts/consultants shall remove all 4 notes, documents, and all other materials from the Source Code Review Room. 5 The Producing Party shall not be responsible for any items left in the room 6 following each inspection session, and the Receiving Party shall have no 7 expectation of confidentiality for any items left in the room following each 8 inspection session without a prior agreement to that effect. Proper 9 identification of all authorized persons shall be provided prior to any access to 10 the Source Code Review Room or the Source Code Computer. Proper 11 identification requires showing, at a minimum, a photo identification card 12 sanctioned by the government of any State of the United States, by the 13 government of the United States, or by the nation state of the authorized 14 person’s current citizenship. Access to the Source Code Review Room or the 15 Source Code Computer may be denied, at the discretion of the Producing 16 Party, to any individual who fails to provide proper identification. 17 (vii) Other than as provided above, the Receiving Party will not copy, 18 remove, or otherwise transfer any Source Code from the Source Code 19 Computer including, without limitation, copying, removing, or transferring the 20 Source Code onto any recordable media or recordable device. After an 21 inspection, the Receiving Party will not transmit any Source Code in any way 22 from the Producing Party’s facilities or the offices of its outside counsel of 23 record. 24 (viii) The Receiving Party’s Outside Counsel may make no more than 25 three (3) additional paper copies of any portions of the Source Code received 26 from a Producing Party pursuant to Paragraph 11(c)(v), not including copies 27 attached to court filings, and shall maintain a log of all paper copies of the 28 20

STIPULATED PROTECTIVE ORDER [PROPOSED], CASE NO. 2:21-CV-04969-GW-AFM Case 2:21-cv-04969-GW-AFM Document 91 Filed 03/14/22 Page 22 of 40 Page ID #:1688

1 Source Code. The log shall include the names of the reviewers and/or 2 recipients of paper copies and locations where the paper copies are stored. 3 Upon three (5) business day’s advance notice to the Receiving Party by the 4 Producing Party, the Receiving Party shall provide a copy of this log to the 5 Producing Party. 6 (ix) The Receiving Party’s Outside Counsel and any person receiving 7 a copy of any Source Code shall maintain and store any paper copies of the 8 Source Code at their offices in a manner that prevents duplication of or 9 unauthorized access to the Source Code and shall store such Source Code in a 10 locked room or cabinet at all times when it is not in use. No more than a total 11 of ten (10) persons identified by the Receiving Party, excluding Outside 12 Counsel, shall have access to the Source Code. 13 (x) For depositions, the Receiving Party may bring one (1) working 14 copy of printed Source Code selected from among the three (3) copies of 15 printed Source Code permitted under Paragraph 11(c)(ix). At least seven (7) 16 days before the date of the deposition, the Receiving Party shall notify the 17 Producing Party about the specific portions of Source Code it wishes to use at 18 the deposition, and the Producing Party shall bring printed copies of those 19 portions to the deposition for use by the Receiving Party. Copies of Source 20 Code that are marked as deposition exhibits shall not be provided to the Court 21 Reporter or attached to deposition transcripts; rather, the deposition record will 22 identify the exhibit by its production numbers. All paper copies of Source 23 Code brought to the deposition shall remain with the Producing Party’s 24 Outside Counsel for secure destruction in a timely manner following the 25 deposition. To the extent any deposition(s) are taken remotely via an online 26 teleconference service, the party noticing the deposition(s) will identify, by 27 Bates number, any Source Code Material reasonably expected to be used in 28 21

STIPULATED PROTECTIVE ORDER [PROPOSED], CASE NO. 2:21-CV-04969-GW-AFM Case 2:21-cv-04969-GW-AFM Document 91 Filed 03/14/22 Page 23 of 40 Page ID #:1689

1 the deposition to counsel for the witness (or the Party producing the witness) 2 at least three (3) business days in advance of the deposition(s), and counsel for 3 the witness (or the Party producing the witness) will make a hard copy of such 4 identified Source Code Material available to the witness(es) on the day(s) of 5 the deposition(s), so long as such witness is eligible to receive such Source 6 Code Material pursuant to Paragraph 10(c) above. 7 (xi) On seven (7) days advanced notice, the Receiving Party may 8 request that an electronic copy of the Source Code be made available by the 9 Producing Party at a deposition of any fact witness who may properly access 10 such Source Code consistent with the terms of this Protective Order. The 11 Source Code will be provided by the Producing Party at the deposition on a 12 stand-alone computer, and access to the computer will be controlled by the 13 Producing Party. 14 (xii) Except as provided in this sub-paragraph, absent express written 15 permission from the Producing Party, the Receiving Party may not create 16 electronic images, or any other images, or make electronic copies, of the 17 Source Code from any paper copy of Source Code for use in any manner 18 (including by way of example only, the Receiving Party may not scan the 19 Source Code to a PDF or photograph the code). Images or copies of Source 20 Code shall not be included in correspondence between the Parties (references 21 to production numbers shall be used instead), and shall be omitted from 22 pleadings and other papers except to the extent permitted herein. 23 The Receiving Party may create an electronic copy or image of limited 24 excerpts of Source Code only to the extent necessary in a pleading, court filing, 25 expert report or trial exhibit or demonstrative, and drafts of these documents. 26 The Receiving Party shall include only such excerpts of Source Code as are 27 reasonably necessary for the purposes for which such part of the Source Code 28 22

STIPULATED PROTECTIVE ORDER [PROPOSED], CASE NO. 2:21-CV-04969-GW-AFM Case 2:21-cv-04969-GW-AFM Document 91 Filed 03/14/22 Page 24 of 40 Page ID #:1690

1 is used. The Receiving Party may create an electronic image of a selected 2 portion of the Source Code only when the electronic file containing such image 3 has been encrypted using commercially reasonable encryption software 4 including password protection. The communication and/or disclosure of 5 electronic files containing any portion of Source Code shall at all times be 6 limited to individuals who are expressly authorized to view Source Code under 7 the provisions of this Protective Order. Any such electronic copies must be 8 labeled “CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY – 9 SOURCE CODE” as provided for in this Order. 10 A party seeking to file with the court documents containing excerpts of 11 Source Code as permitted by this subparagraph must file an Application for 12 Leave to File Under Seal under the provisions of Local Rule 79-5 or 79-6, as 13 applicable. 14 (xiii) The parties agree to promptly meet and confer, either via 15 telephone or in person, to discuss modifications to the time limits in Section 16 11 if deadlines in the case so require. 17 12. NOTICE OF DISCLOSURE 18 (a) Prior to disclosing any Protected Material to any person described in 19 Paragraphs 8(b)(iii), 9(b)(iii), or 10(c)(ii) (referenced below as “Expert”), the Party 20 seeking to disclose such information shall provide the Producing Party with written 21 notice that includes: 22 (i) the name of the Expert; 23 (ii) an up-to-date curriculum vitae of the Expert; 24 (iii) the present employer and title of the Expert; 25 (iv) an identification of the Expert’s past and current employment and 26 consulting relationships within the last six (6) years, including consulting 27 relationships through entities owned or controlled by the Expert, including but 28 23

STIPULATED PROTECTIVE ORDER [PROPOSED], CASE NO. 2:21-CV-04969-GW-AFM Case 2:21-cv-04969-GW-AFM Document 91 Filed 03/14/22 Page 25 of 40 Page ID #:1691

1 not limited to an identification of any individual or entity with or for whom the 2 Expert is employed or to whom the Expert provides consulting services 3 relating to the design, development, operation, or patenting of products related 4 to the structures/and or functionality accused of infringing the Patents-in-Suit; 5 (v) an identification of all pending patent applications on which the 6 Expert is named as an inventor or in which the Expert has any ownership 7 interest; and 8 (vi) a list of the cases in which the Expert has testified at deposition 9 or trial within the last five (5) years. 10 (b) Prior to disclosing any Protected Material to any person described in 11 Paragraphs 8(b)(ii) or 9(b)(ii) (referenced below as “In-House Representative”), the 12 Party seeking to disclose such information shall provide the Producing Party with 13 written notice that identifies the name of the In-House Representative (s). Further, 14 the Party seeking to disclose Protected Material to an In-House Representative shall 15 provide such other information regarding the In-House Representative’s past and 16 current employment and consulting relationships reasonably requested by the 17 Producing Party for it to evaluate whether good cause exists to object to the disclosure 18 of Protected Material to the In-House Representative. To the extent certain 19 information identified in Paragraph 12(a) or requested per this Paragraph cannot be 20 disclosed because of confidentiality obligations, the parties agree to meet and confer, 21 either via telephone or in person, to negotiate alternate information that can be 22 provided. 23 (c) Within fourteen (14) days of receipt of the disclosure of an Expert or In- 24 House Representative, the Producing Party or Parties may object in writing to such 25 person for good cause. In the absence of an objection at the end of the fourteen (14) 26 day period, the Expert or In-House Representative shall be deemed approved under 27 this Protective Order. There shall be no disclosure of Protected Material to the Expert 28 24

STIPULATED PROTECTIVE ORDER [PROPOSED], CASE NO. 2:21-CV-04969-GW-AFM Case 2:21-cv-04969-GW-AFM Document 91 Filed 03/14/22 Page 26 of 40 Page ID #:1692

1 or In-House Representative prior to expiration of this fourteen (14) day period. If the 2 Producing Party objects to disclosure to the Expert or In-House Representative within 3 such fourteen (14) day period, the Parties shall meet and confer via telephone or in 4 person within seven (7) days following the objection and attempt in good faith to 5 resolve the dispute on an informal basis. If the dispute is not resolved, the Party 6 objecting to the disclosure will have seven (7) days from the date of the meet and 7 confer to seek relief from the Court. If relief is not sought from the Court within that 8 time, the objection shall be deemed withdrawn. If relief is sought, designated 9 materials shall not be disclosed to the Expert or In-House Representative in question 10 until the Court resolves the objection. 11 (d) For purposes of this Section 12, “good cause” shall include an 12 objectively reasonable concern that the Expert or In-House Representative will, 13 advertently or inadvertently, use or disclose Discovery Materials in a way or ways 14 that are inconsistent with the provisions contained in this Order. 15 (e) Prior to receiving any Protected Material under this Order, the Expert or 16 In-House Representative must execute a copy of the “Agreement to Be Bound by 17 Protective Order” (Exhibit A hereto) and the Receiving Party shall serve it on all 18 Parties. 19 (f) An initial failure to object to a Expert or In-House Representative under 20 this Section 12 shall not preclude the nonobjecting Party from later objecting to 21 continued access by that person for good cause. If an objection is made, the Parties 22 shall meet and confer via telephone or in person within seven (7) days following the 23 objection and attempt in good faith to resolve the dispute informally. If the dispute 24 is not resolved, the Party objecting to the disclosure will have seven (7) days from 25 the date of the meet and confer to seek relief from the Court. The designated Expert 26 or In-House Representative may continue to have access to information that was 27 provided to such Expert or In-House Representative prior to the date of the objection. 28 25

STIPULATED PROTECTIVE ORDER [PROPOSED], CASE NO. 2:21-CV-04969-GW-AFM Case 2:21-cv-04969-GW-AFM Document 91 Filed 03/14/22 Page 27 of 40 Page ID #:1693

1 If a later objection is made, no further Protected Material shall be disclosed to the 2 Expert or In-House Representative until the Court resolves the matter or the 3 Producing Party withdraws its objection. Notwithstanding the foregoing, if the 4 Producing Party fails to move for a protective order within three (3) business days 5 after the meet and confer, further Protected Material may thereafter be provided to 6 the Expert or In-House Representative. 7 (h) The Parties agree to promptly meet and confer, either via telephone or 8 in person, to discuss modifications to the time limits in Section 12 if deadlines in 9 the case so require. 10 13. CHALLENGING DESIGNATIONS OF PROTECTED MATERIAL 11 (a) A Party shall not be obligated to challenge the propriety of any 12 designation of Discovery Material under this Order at the time the designation is 13 made, and a failure to do so shall not preclude a subsequent challenge thereto. 14 (b) Any challenge to a designation of Discovery Material under this Order 15 shall be written, shall be served on Outside Counsel for the Producing Party, shall 16 particularly identify the documents or information that the Receiving Party contends 17 should be differently designated, and shall state the grounds for the objection. 18 Thereafter, further protection of such material shall be resolved in accordance with 19 the following procedures: 20 (i) The Receiving Party shall have the burden of conferring either in 21 person, in writing, or by telephone with the Producing Party claiming 22 protection (as well as any other interested party) in a good faith effort to resolve 23 the dispute. The Producing Party shall have the burden of justifying the 24 disputed designation; 25 (ii) Failing agreement, the Receiving Party may seek relief from the 26 Court, including, for example, a ruling that the Discovery Material in question 27 is not entitled to the status and protection of the Producing Party’s designation. 28 26

STIPULATED PROTECTIVE ORDER [PROPOSED], CASE NO. 2:21-CV-04969-GW-AFM Case 2:21-cv-04969-GW-AFM Document 91 Filed 03/14/22 Page 28 of 40 Page ID #:1694

1 The Parties’ entry into this Order shall not preclude or prejudice either Party 2 from arguing for or against any designation, establish any presumption that a 3 particular designation is valid, or alter the burden of proof that would otherwise 4 apply in a dispute over discovery or disclosure of information; 5 (iii) Notwithstanding any challenge to a designation, the Discovery 6 Material in question shall continue to be treated as designated under this Order 7 by the Producing Party until one of the following occurs: (a) the Producing 8 Party in question withdraws such designation in writing; or (b) the Court rules 9 that the Discovery Material in question is not entitled to the designation. 10 14. SUBPOENAS OR COURT ORDERS 11 If at any time Protected Material is subpoenaed by any court or arbitral, 12 administrative, or legislative body, the Party to whom the subpoena or other request 13 is directed shall immediately give prompt written notice thereof to every Party who 14 has produced such Discovery Material and to its counsel and shall provide each such 15 Party with an opportunity to move for a protective order regarding the production or 16 disclosure of, or otherwise protect, Protected Materials implicated by the subpoena. 17 15. FILING PROTECTED MATERIAL 18 (a) Absent written permission from the Producing Party or a court order 19 secured after appropriate notice to all interested persons, a Receiving Party may not 20 file or disclose in the public record any Protected Material. 21 (b) The parties shall make every effort to limit the number and volume of 22 under seal filings. In most circumstances, the parties shall seek to file under seal only 23 the specific portions of exhibits or documents for which there is a valid basis for 24 filing under seal. Requests to file memoranda of points and authorities under seal are 25 disfavored. Pursuant to Local Rule 79-5.2.2, except in sealed civil cases, “no 26 document may be filed under seal without prior approval by the Court.” When 27 seeking the Court’s approval for an under-seal filing, the submitting party shall 28 27

STIPULATED PROTECTIVE ORDER [PROPOSED], CASE NO. 2:21-CV-04969-GW-AFM Case 2:21-cv-04969-GW-AFM Document 91 Filed 03/14/22 Page 29 of 40 Page ID #:1695

1 comply with the procedures of Local Rule 79-5.2.2(a). Because documents filed 2 under seal are only visible on CM/ECF or Pacer to Court personnel and the party that 3 filed the document, a party electronically filing a document under seal may not rely 4 on the Court’s CM/ECF System to effect service as provided in Local Rule 5-3.2.1. 5 Therefore, documents filed electronically under seal must be served in accordance 6 with Federal Rule of Civil Procedure 5. Additionally, at the time of filing, the 7 documents filed electronically under seal must be accompanied either by a Proof of 8 Service in the form required by Local Rule 5-3.1.2 or a declaration explaining why 9 service is not required. 10 16. INADVERTENT DISCLOSURE OF PRIVILEGED MATERIAL 11 (a) Nothing in this Protective Order shall require production of information 12 that a Party contends is protected from disclosure by the attorney-client privilege, the 13 patent agent-client privilege, the work product immunity or other privilege, doctrine, 14 right, or immunity. 15 (b) The inadvertent production by a Party of Discovery Material subject to 16 the attorney-client privilege, the patent agent-client privilege, work-product 17 protection, or any other applicable privilege or protection, despite the Producing 18 Party’s reasonable efforts to prescreen such Discovery Material prior to production, 19 will not waive the applicable privilege and/or protection if a request for return of such 20 inadvertently produced Discovery Material is made promptly after the Producing 21 Party learns of its inadvertent production. This Order shall be interpreted to provide 22 the maximum protection allowed by Federal Rule of Evidence 502(d). 23 (c) Upon a request from any Producing Party who has inadvertently 24 produced Discovery Material that it believes is privileged and/or protected, each 25 Receiving Party shall immediately destroy such Protected Material or Discovery 26 Material and certify as such to the Producing Party. Notwithstanding this provision, 27 28 28

STIPULATED PROTECTIVE ORDER [PROPOSED], CASE NO. 2:21-CV-04969-GW-AFM Case 2:21-cv-04969-GW-AFM Document 91 Filed 03/14/22 Page 30 of 40 Page ID #:1696

1 Outside Counsel are not required to delete information that may reside on their 2 respective firms’ electronic back-up systems. 3 (d) After inadvertently or unintentionally produced information subject to a 4 claim of immunity or privilege has been returned or destroyed, the Receiving Party 5 may challenge that assertion of immunity or privilege, but may not use the contents 6 of that information for any purpose, including, without limitation, submission of the 7 information for in camera review by the Court in asserting a challenge of the 8 assertion of immunity or privilege. 9 (e) Nothing in this Order modifies any person’s ethical duties regarding 10 information to which a claim of attorney-client privilege and/or work product 11 protection may attach. 12 17. INADVERTENT FAILURE TO DESIGNATE 13 (a) The inadvertent failure by a Producing Party to designate Discovery 14 Material as Protected Material with one of the designations provided for under this 15 Order shall not waive any such designation provided that the Producing Party notifies 16 all Receiving Parties that such Discovery Material is protected under one of the 17 categories of this Order within fourteen (14) days of the Producing Party learning of 18 the inadvertent failure to designate. The Producing Party shall reproduce the 19 Protected Material with the correct confidentiality designation within seven (7) days 20 upon its notification to the Receiving Parties. Upon receiving the Protected Material 21 with the correct confidentiality designation, the Receiving Parties shall securely 22 destroy all Discovery Material that was not designated properly. 23 (b) A Receiving Party shall not be in breach of this Order for any use of 24 such Discovery Material before the Receiving Party receives such notice that such 25 Discovery Material is protected under one of the categories of this Order, unless an 26 objectively reasonable person would have realized that the Discovery Material 27 should have been appropriately designated with a confidentiality designation under 28 29

STIPULATED PROTECTIVE ORDER [PROPOSED], CASE NO. 2:21-CV-04969-GW-AFM Case 2:21-cv-04969-GW-AFM Document 91 Filed 03/14/22 Page 31 of 40 Page ID #:1697

1 this Order. Once a Receiving Party has received notification of the correct 2 confidentiality designation for the Protected Material with the correct confidentiality 3 designation, the Receiving Party shall immediately treat such Discovery Material 4 (subject to the exception in Paragraph 17(c) below) at the appropriately designated 5 level pursuant to the terms of this Order. 6 (c) Notwithstanding the above, a subsequent designation of 7 “CONFIDENTIAL,” “CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” or 8 “CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY – SOURCE CODE” 9 shall apply on a going forward basis and shall not disqualify anyone who reviewed 10 “CONFIDENTIAL,” “CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” or 11 “CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY – SOURCE CODE” 12 materials while the materials were not marked “CONFIDENTIAL – ATTORNEYS’ 13 EYES ONLY” or “CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY – 14 SOURCE CODE” from engaging in the activities set forth in Paragraph 6(b). 15 18. INADVERTENT DISCLOSURE NOT AUTHORIZED BY ORDER 16 (a) In the event of a disclosure of any Discovery Material pursuant to this 17 Order to any person or persons not authorized to receive such disclosure under this 18 Protective Order, the Receiving Party responsible for having made such disclosure, 19 and each Party with knowledge thereof, shall immediately notify counsel for the 20 Producing Party whose Discovery Material has been disclosed and provide to such 21 counsel all known relevant information concerning the nature and circumstances of 22 the disclosure. The responsible disclosing Receiving Party shall also promptly take 23 all reasonable measures to retrieve the improperly disclosed Discovery Material and 24 to ensure that no further or greater unauthorized disclosure and/or use thereof is 25 made. 26 27 28 30

STIPULATED PROTECTIVE ORDER [PROPOSED], CASE NO. 2:21-CV-04969-GW-AFM Case 2:21-cv-04969-GW-AFM Document 91 Filed 03/14/22 Page 32 of 40 Page ID #:1698

1 (b) Unauthorized or inadvertent disclosure does not change the status of 2 Discovery Material or waive the right to hold the disclosed document or information 3 as Protected Material. 4 19. FINAL DISPOSITION 5 (a) Not later than ninety (90) days after the Final Disposition of this case, 6 each Party shall return all Discovery Material of a Producing Party to the respective 7 Outside Counsel of the Producing Party or destroy such Material, at the option of the 8 Producing Party. For purposes of this Order, “Final Disposition” occurs after an 9 order, mandate, or dismissal finally terminating the above-captioned action with 10 prejudice, including all appeals. 11 (b) All Parties that have received any such Discovery Material shall certify 12 in writing that all such materials have been returned to the respective Outside Counsel 13 of the Producing Party or destroyed. Notwithstanding the provisions for return of 14 Discovery Material, Outside Counsel may retain one set of pleadings or other court 15 filings, correspondence and attorney and consultant work product (but not document 16 productions) for archival purposes, but must return or destroy any pleadings, 17 correspondence, and consultant work product that contain Source Code. Copies of 18 pleadings, correspondence and attorney and consultant work product (but not 19 document productions) created by the operation of Outside Counsel’s backup and 20 disaster recovery tools need not be destroyed, but, if they are not destroyed, the 21 person in possession of that Discovery Material remains bound by this Order with 22 respect to all such retained formation. 23 20. DISCOVERY FROM EXPERTS OR CONSULTANTS 24 (a) Testifying experts shall not be subject to discovery with respect to any 25 draft of his or her report(s) in this case. Draft reports, notes, or outlines for draft 26 reports developed and drafted by the testifying expert and/or his or her staff are also 27 exempt from discovery. 28 31

STIPULATED PROTECTIVE ORDER [PROPOSED], CASE NO. 2:21-CV-04969-GW-AFM Case 2:21-cv-04969-GW-AFM Document 91 Filed 03/14/22 Page 33 of 40 Page ID #:1699

1 (b) Discovery of materials provided to testifying experts shall be limited to 2 those materials, facts, consulting expert opinions, and other matters actually relied 3 upon by the testifying expert in forming his or her final report, trial or deposition 4 testimony, or any opinion in this case. No discovery can be taken from any non- 5 testifying expert except to the extent that such non-testifying expert has provided 6 information or opinions to a testifying expert relied upon, and not independently 7 verified, by that testifying expert in forming his or her final report(s), trial and/or 8 deposition testimony, or any opinion in this case. 9 (c) No conversations or communications between counsel and any 10 testifying or consulting expert will be subject to discovery unless the conversations 11 or communications are relied upon by such experts in formulating opinions that are 12 presented in reports or trial or deposition testimony or any opinion in this case. 13 (d) Materials, communications, and other information exempt from 14 discovery under the foregoing Paragraphs 20(a)–(c) shall be treated as attorney-work 15 product for the purposes of this litigation and Order. 16 (e) Nothing in this Protective Order, including Paragraphs 20(a)–(c), shall 17 alter or change in any way the requirements in Section 11 regarding Source Code, 18 and Section 11 shall control in the event of any conflict. 19 21. MISCELLANEOUS 20 (a) Right to Further Relief. Nothing in this Order abridges the right of 21 any person to seek its modification by the Court in the future. By stipulating to this 22 Order, the Parties do not waive the right to argue that certain material may require 23 additional or different confidentiality protections than those set forth herein. 24 (b) Termination of Matter and Retention of Jurisdiction. The Parties 25 agree that the terms of this Protective Order shall survive and remain in effect after 26 the Final Determination of the above-captioned matter. The Court shall retain 27 28 32

STIPULATED PROTECTIVE ORDER [PROPOSED], CASE NO. 2:21-CV-04969-GW-AFM Case 2:21-cv-04969-GW-AFM Document 91 Filed 03/14/22 Page 34 of 40 Page ID #:1700

1 jurisdiction after Final Determination of this matter to hear and resolve any disputes 2 arising out of this Protective Order. 3 (c) Successors. This Order shall be binding upon the Parties hereto, their 4 attorneys, and their successors, executors, personal representatives, administrators, 5 heirs, legal representatives, assigns, subsidiaries, divisions, employees, agents, 6 retained consultants and experts, and any persons or organizations over which they 7 have direct control. 8 (d) Right to Assert Other Objections. By stipulating to the entry of this 9 Protective Order, no Party waives any right it otherwise would have to object to 10 disclosing or producing any information or item. Similarly, no Party waives any right 11 to object on any ground to use in evidence of any of the material covered by this 12 Protective Order. This Order shall not constitute a waiver of the right of any Party 13 to claim in this action or otherwise that any Discovery Material, or any portion 14 thereof, is privileged or otherwise non-discoverable, or is not admissible in evidence 15 in this action or any other proceeding. 16 (e) Burdens of Proof. Notwithstanding anything to the contrary above, 17 nothing in this Protective Order shall be construed to change the burdens of proof or 18 legal standards applicable in disputes regarding whether particular Discovery 19 Material is confidential, which level of confidentiality is appropriate, whether 20 disclosure should be restricted, and if so, what restrictions should apply. 21 (f) Modification by Court. This Order is subject to further court order 22 based upon public policy or other considerations, and the Court may modify this 23 Order sua sponte in the interests of justice. The Parties prefer that the Court provide 24 them with notice of the Court’s intent to modify this Order and the content of those 25 modifications, prior to entry of such an order. The Court may further modify the 26 terms and conditions of this Order at the request of a Party or the Parties for good 27 cause, or in the interest of justice, at any time in these proceedings. The United States 28 33

STIPULATED PROTECTIVE ORDER [PROPOSED], CASE NO. 2:21-CV-04969-GW-AFM Case 2:21-cv-04969-GW-AFM Document 91 Filed 03/14/22 Page 35 of 40 Page ID #:1701

1 District Court for the Central District of California is responsible for the 2 interpretation and enforcement of this Order. All disputes concerning Protected 3 Material, however designated, produced under the protection of this Order shall be 4 resolved by the United States District Court for the Central District of California. 5 (g) Modification by the Parties. The Parties may jointly agree to modify 6 this Order without the Court’s leave. 7 (h) Discovery Rules Remain Unchanged. Nothing herein shall alter or 8 change in any way the discovery provisions of the Federal Rules of Civil Procedure, 9 the Local Rules for the United States District Court for the Central District of 10 California, or the Court’s own orders. Identification of any individual pursuant to 11 this Protective Order does not make that individual available for deposition or any 12 other form of discovery outside of the restrictions and procedures of the Federal 13 Rules of Civil Procedure, the Local Rules for the United States District Court for the 14 Central District of California, or the Court’s own orders. 15 16 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 17 DATED: March 14, 2022 By: /s/ Todd M. Briggs 18 Todd M. Briggs toddbriggs@quinnemanuel.com 19 QUINN EMANUEL URQUHART & SULLIVAN, LLP 20 555 Twin Dolphin Drive, 5th Floor Redwood Shores, California 94065 21 Telephone: (650) 801-5000 Facsimile: (650) 801-5100 22 Attorneys for Plaintiffs Mediatek Inc. and 23 MediaTek USA Inc.

24 By: /s/ Richard S. Zembek Richard S. Zembek 25

Richard S. Zembek (pro hac vice) 26 richard.zembek@nortonrosefulbright.com NORTON ROSE FULBRIGHT US LLP 27 1301 McKinney, Suite 5100 Houston, TX 77010 28 34

STIPULATED PROTECTIVE ORDER [PROPOSED], CASE NO. 2:21-CV-04969-GW-AFM Case 2:21-cv-04969-GW-AFM Document 91 Filed 03/14/22 Page 36 of 40 Page ID #:1702

1 Telephone: (713) 651-5283 gitorneys for Defendants NXP 2 Semiconductor N.V., NXP USA, Inc., Continental AG, Continental Automotive 3 GmbH, Robert Bosch LLC, Robert Bosch 4 GmbH, and Arrow Electronics, Inc. By:_/s/ Steven J. Corr 5 Steven J. Corr 6 sjcorr@jonesday.com see ions y 7 555 S. Flower Street, 50th Floor Los Angeles, CA 90071 8 Telephone: (213) 489-3939 Facsimile: (213) 243-2539 9 Attorneys for Defendant Avnet, Inc. 10 11 12 13 IT ISSO ORDERED. 14 15 16 | DATED: March 14, 2022 (dy 17 1 Hon. Alexander F. MacKinnon 8 United States Magistrate Judge 19 20 21 22 23 24 25 26 27 28 35 STIPULATED PROTECTIVE ORDER [PROPOSED], CASE NO. 2:21-CV-04969-GW-AFM

Case 2:21-cv-04969-GW-AFM Document 91 Filed 03/14/22 Page 37 of 40 Page ID #:1703

1 FILER’S ATTESTATION OF CONCURRENCE 2 Pursuant to Civil L.R. 5-4.3.4(a)(2) relating to documents requiring multiple 3 signatures, I, Todd M. Briggs, attest that all other signatories concur in the content 4 of the foregoing document and authorize the filing of the same. 5 /s/ Todd M. Briggs 6 Todd M. Briggs 7

9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 36

STIPULATED PROTECTIVE ORDER [PROPOSED], CASE NO. 2:21-CV-04969-GW-AFM Case 2:21-cv-04969-GW-AFM Document 91 Filed 03/14/22 Page 38 of 40 Page ID #:1704

1 EXHIBIT A 2 AGREEMENT TO BE BOUND BY PROTECTIVE ORDER 3 I, ______________________________, declare and say that: 4 1. I am employed as 5 __________________________________________________ by 6 _________________________________________________________ 7 __________. 8 2. I have read the Protective Order entered in the above-captioned matter 9 and have received a copy of the Protective Order. 10 3. I promise that I will use any and all “CONFIDENTIAL,” 11 “CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” or 12 “CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY – 13 SOURCE CODE” information (as defined in the Protective Order) that 14 is given to me, only in a manner authorized by the Protective Order, 15 and only to assist counsel in the litigation of these matters. 16 4. I promise that I will not disclose or discuss such “CONFIDENTIAL,” 17 “CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” or 18 “CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY – 19 SOURCE CODE” information with anyone other than the persons 20 described in the Protective Order. 21 5. I acknowledge that, by signing this agreement, I am subjecting myself 22 to the jurisdiction of the United States District Court for the Central 23 District of California with respect to enforcement of the Protective 24 Order. 25 6. I understand that any disclosure or use of “CONFIDENTIAL,” 26 “CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” or 27 “CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY – 28 37

STIPULATED PROTECTIVE ORDER [PROPOSED], CASE NO. 2:21-CV-04969-GW-AFM Case 2:21-cv-04969-GW-AFM Document 91 Filed 03/14/22 Page 39 of 40 Page ID #:1705

1 SOURCE CODE” information in any manner contrary to the 2 provisions of the Protective Order may subject me to sanctions for 3 contempt of court. 4 I declare under penalty of perjury that the foregoing is true and correct. 5 6 Date:

8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 38

STIPULATED PROTECTIVE ORDER [PROPOSED], CASE NO. 2:21-CV-04969-GW-AFM Case 2:21-cv-04969-GW-AFM Document 91 Filed 03/14/22 Page 40 of 40 Page ID #:1706