One-E-Way, Inc. v. Apple Inc.

• Court: District Court, C.D. California
• Decided: January 28, 2022
• Docket: 2:20-cv-06339
• Status: Unknown

Opinion

Case 2:20-cv-06339-JAK-GJS Document 85 Filed 01/28/22 Page 1 of 36 Page ID #:2451

7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 ONE-E-WAY, INC., 11 Case No. 2:20-cv-06339-JAK-GJS Plaintiff, 12 v. STIPULATED PROTECTIVE 13 ORDER1 APPLE INC., 14 Defendant. 15

16 17 1. A. PURPOSES AND LIMITATIONS 18 Discovery in this action is likely to involve production of confidential, 19 proprietary or private information for which special protection from public 20 disclosure and from use for any purpose other than prosecuting this litigation may 21 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to 22 enter the following Stipulated Protective Order. Protected Materials designated 23 under the terms of this Protective Order shall be used by a Receiving Party solely 24 for this case, and shall not be used directly or indirectly for any other purpose 25 whatsoever. The parties acknowledge that this Order does not confer blanket 26 protections on all disclosures or responses to discovery and that the protection it 27 28 1 This Stipulated Protective Order is substantially based on the model protective order provided under Magistrate Judge Gail J. Standish’s Procedures. Case 2:20-cv-06339-JAK-GJS Document 85 Filed 01/28/22 Page 2 of 36 Page ID #:2452

1 affords from public disclosure and use extends only to the limited information or 2 items that are entitled to confidential treatment under the applicable legal principles. 3 B. GOOD CAUSE STATEMENT 4 This action is likely to involve trade secrets, customer and pricing lists and 5 other valuable research, development, commercial, financial, technical and/or 6 proprietary information for which special protection from public disclosure and 7 from use for any purpose other than prosecution of this action is warranted. Such 8 confidential and proprietary materials and information consist of, among other 9 things, confidential business or financial information, information regarding 10 confidential business practices, or other confidential research, development, or 11 commercial information (including information implicating privacy rights of third 12 parties), information otherwise generally unavailable to the public, or which may be 13 privileged or otherwise protected from disclosure under state or federal statutes, 14 court rules, case decisions, or common law. Accordingly, to expedite the flow of 15 information, to facilitate the prompt resolution of disputes over confidentiality of 16 discovery materials, to adequately protect information the parties are entitled to keep 17 confidential, to ensure that the parties are permitted reasonable necessary uses of 18 such material in preparation for and in the conduct of trial, to address their handling 19 at the end of the litigation, and serve the ends of justice, a protective order for such 20 information is justified in this matter. It is the intent of the parties that information 21 will not be designated as confidential for tactical reasons and that nothing be so 22 designated without a good faith belief that it has been maintained in a confidential, 23 non-public manner, and there is good cause why it should not be part of the public 24 record of this case. 25 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL 26 The parties further acknowledge, as set forth in Section 12.3, below, that this 27 Stipulated Protective Order does not entitle them to file confidential information 28 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed 2 Case 2:20-cv-06339-JAK-GJS Document 85 Filed 01/28/22 Page 3 of 36 Page ID #:2453

1 and the standards that will be applied when a party seeks permission from the court 2 to file material under seal. 3 There is a strong presumption that the public has a right of access to judicial 4 proceedings and records in civil cases. In connection with non-dispositive motions, 5 good cause must be shown to support a filing under seal. See Kamakana v. City and 6 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006), Phillips v. Gen. Motors 7 Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, 8 Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders 9 require good cause showing), and a specific showing of good cause or compelling 10 reasons with proper evidentiary support and legal justification, must be made with 11 respect to Protected Material that a party seeks to file under seal. The parties’ mere 12 designation of Disclosure or Discovery Material as CONFIDENTIAL does not— 13 without the submission of competent evidence by declaration, establishing that the 14 material sought to be filed under seal qualifies as confidential, privileged, or 15 otherwise protectable—constitute good cause. 16 Further, if a party requests sealing related to a dispositive motion or trial, then 17 compelling reasons, not only good cause, for the sealing must be shown, and the 18 relief sought shall be narrowly tailored to serve the specific interest to be protected. 19 See Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 2010). For 20 each item or type of information, document, or thing sought to be filed or introduced 21 under seal in connection with a dispositive motion or trial, the party seeking 22 protection must articulate compelling reasons, supported by specific facts and legal 23 justification, for the requested sealing order. Again, competent evidence supporting 24 the application to file documents under seal must be provided by declaration. 25 Any document that is not confidential, privileged, or otherwise protectable in 26 its entirety will not be filed under seal if the confidential portions can be redacted. 27 If documents can be redacted, then a redacted version for public viewing, omitting 28 only the confidential, privileged, or otherwise protectable portions of the document, 3 Case 2:20-cv-06339-JAK-GJS Document 85 Filed 01/28/22 Page 4 of 36 Page ID #:2454

1 shall be filed. Any application that seeks to file documents under seal in their 2 entirety should include an explanation of why redaction is not feasible. 3 2. DEFINITIONS 4 2.1 Action: this pending federal lawsuit. 5 2.2 Challenging Party: a Party or Non-Party that challenges the 6 designation of information or items under this Order. 7 2.3 “CONFIDENTIAL,” “CONFIDENTIAL – OUTSIDE ATTORNEYS’ 8 EYES ONLY,” or “CONFIDENTIAL - OUTSIDE ATTORNEYS’ EYES ONLY - 9 SOURCE CODE” Information or Items: information (regardless of how it is 10 generated, stored or maintained) or tangible things that qualify for protection under 11 Federal Rule of Civil Procedure 26(c), and as specified above in the Good Cause 12 Statement. 13 2.4 Counsel: Outside Counsel of Record and House Counsel (as well as 14 their support staff). 15 2.5 Designating Party: a Party or Non-Party that designates information or 16 items that it produces in disclosures or in responses to discovery as 17 “CONFIDENTIAL,” “CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES 18 ONLY,” or “CONFIDENTIAL - OUTSIDE ATTORNEYS’ EYES ONLY - 19 SOURCE CODE.” 20 2.6 Disclosure or Discovery Material: all items or information, including 21 from any non-party, regardless of the medium or manner in which it is generated, 22 stored, or maintained (including, among other things, testimony, transcripts, and 23 tangible things), that are produced or generated in disclosures or responses to 24 discovery in this matter. 25 2.7 Expert: a person with specialized knowledge or experience in a matter 26 pertinent to the litigation who has been retained by a Party or its counsel to serve as 27 an expert witness or as a consultant in this Action. 28 2.8 House Counsel: attorneys who are employees of a party to this Action. 4 Case 2:20-cv-06339-JAK-GJS Document 85 Filed 01/28/22 Page 5 of 36 Page ID #:2455

1 House Counsel does not include Outside Counsel of Record or any other outside 2 counsel. 3 2.9 Non-Party: any natural person, partnership, corporation, association or 4 other legal entity not named as a Party to this action. 5 2.10 Outside Counsel or Outside Counsel of Record: attorneys who are not 6 employees of a party to this Action but are retained to represent or advise a party to 7 this Action and have appeared in this Action on behalf of that party or are affiliated 8 with a law firm that has appeared on behalf of that party, and includes support staff. 9 2.11 Party: any party to this Action, including all of its officers, directors, 10 employees, consultants, retained experts, and Outside Counsel of Record (and their 11 support staffs). 12 2.12 Patents-in-Suit: U.S. Patents Nos. 8,131,391 (“the ’391 patent”), 13 10,468,047 (“the ’047 patent”) and 10,129,627 (“the ’627 patent”). 14 2.13 Producing Party: a Party or Non-Party that produces Disclosure or 15 Discovery Material in this Action. 16 2.14 Professional Vendors: persons or entities that provide litigation 17 support services (e.g., photocopying, videotaping, translating, preparing exhibits or 18 demonstrations, and organizing, storing, or retrieving data in any form or medium) 19 and their employees and subcontractors. 20 2.15 Protected Material: any Disclosure or Discovery Material that is 21 designated as “CONFIDENTIAL,” “CONFIDENTIAL – OUTSIDE ATTORNEYS’ 22 EYES ONLY,” or “CONFIDENTIAL - OUTSIDE ATTORNEYS’ EYES ONLY - 23 SOURCE CODE,” as provided for in this Order. Protected Material shall not 24 include: (i) materials that have been actually published or publicly disseminated; 25 and (ii) materials that show on their face they have been disseminated to the public. 26 2.16 Receiving Party: a Party that receives Disclosure or Discovery 27 Material from a Producing Party. 28 2.17 Source Code: computer code, scripts, assembly, binaries, object code, 5 Case 2:20-cv-06339-JAK-GJS Document 85 Filed 01/28/22 Page 6 of 36 Page ID #:2456

1 source code listings (e.g., file names and path structure), descriptions of source code 2 (e.g., descriptions of declarations, functions, and parameters), object code listings 3 and descriptions of object code, Hardware Description Language (HDL) or Register 4 Transfer Level (RTL) files that describe the hardware design of any ASIC or other 5 chip, and Computer Aided Design (CAD) files that describe the hardware or logic 6 design of any circuit, ASIC or other chip.

7 3. SCOPE 8 The protections conferred by this Stipulation and Order cover not only 9 Protected Material (as defined above), but also (1) any information copied or 10 extracted from Protected Material; (2) all copies, excerpts, summaries, or 11 compilations of Protected Material; and (3) any testimony, conversations, or 12 presentations by Parties or their Counsel that might reveal Protected Material. 13 Nothing in this Order shall prevent or restrict a Producing Party’s own 14 disclosure or use of its own Protected Material for any purpose, and nothing in this 15 Order shall preclude any Producing Party from showing its Protected Material to an 16 individual who prepared the Protected Material. 17 Nothing in this Order shall be construed to prejudice any Party’s right to use 18 any Protected Material in court or in any court filing with the consent of the 19 Producing Party or by order of the Court. 20 This Order is without prejudice to the right of any Party to seek further or 21 additional protection of any Discovery Material or to modify this Order in any way, 22 including, without limitation, an order that certain matter not be produced at all. 23 Any use of Protected Material at trial shall be governed by the orders of the 24 trial judge. This Order does not govern the use of Protected Material at trial. 25 4. DURATION 26 FINAL DISPOSITION of the action is defined as the conclusion of any 27 appellate proceedings, or, if no appeal is taken, when the time for filing of an appeal 28 6 Case 2:20-cv-06339-JAK-GJS Document 85 Filed 01/28/22 Page 7 of 36 Page ID #:2457

1 has run. Except as set forth below, the terms of this protective order apply through 2 FINAL DISPOSITION of the action. The parties may stipulate that they will be 3 contractually bound by the terms of this agreement beyond FINAL DISPOSITION, 4 but will have to file a separate action for enforcement of the agreement once all 5 proceedings in this case are complete. 6 Once a case proceeds to trial, information that was designated as 7 CONFIDENTIAL or maintained pursuant to this protective order used or introduced 8 as an exhibit at trial becomes public and will be presumptively available to all 9 members of the public, including the press, unless compelling reasons supported by 10 specific factual findings to proceed otherwise are made to the trial judge in advance 11 of the trial. See Kamakana, 447 F.3d at 1180-81 (distinguishing “good cause” 12 showing for sealing documents produced in discovery from “compelling reasons” 13 standard when merits-related documents are part of court record). Accordingly, for 14 such materials, the terms of this protective order do not extend beyond the 15 commencement of the trial. 16 5. DESIGNATING PROTECTED MATERIAL 17 5.1 Exercise of Restraint and Care in Designating Material for Protection. 18 Each Party or Non-Party that designates information or items for protection under 19 this Order must take care to limit any such designation to specific material that 20 qualifies under the appropriate standards. The Designating Party must designate for 21 protection only those parts of material, documents, items or oral or written 22 communications that qualify so that other portions of the material, documents, items 23 or communications for which protection is not warranted are not swept unjustifiably 24 within the ambit of this Order. 25 Mass, indiscriminate or routinized designations are prohibited. Designations 26 that are shown to be clearly unjustified or that have been made for an improper 27 purpose (e.g., to unnecessarily encumber the case development process or to impose 28 7 Case 2:20-cv-06339-JAK-GJS Document 85 Filed 01/28/22 Page 8 of 36 Page ID #:2458

1 unnecessary expenses and burdens on other parties) may expose the Designating 2 Party to sanctions. 3 If it comes to a Designating Party’s attention that information or items that it 4 designated for protection do not qualify for protection, that Designating Party must 5 promptly notify all other Parties that it is withdrawing the inapplicable designation. 6 5.2 Manner and Timing of Designations. Except as otherwise provided in 7 this Order (see, e.g., second paragraph of section 5.2(a) below), or as otherwise 8 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 9 under this Order must be clearly so designated before the material is disclosed or 10 produced. 11 Designation in conformity with this Order requires: 12 (a) for information in documentary form (e.g., paper or electronic 13 documents, but excluding transcripts of depositions or other pretrial or trial 14 proceedings), that the Producing Party affix at a minimum, the legend 15 “CONFIDENTIAL,” “CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES 16 ONLY,” or “CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY – 17 SOURCE CODE”, to each page that contains protected material. 18 A Party or Non-Party that makes original documents available for inspection 19 need not designate them for protection until after the inspecting Party has indicated 20 which documents it would like copied and produced. During the inspection and 21 before the designation, all of the material made available for inspection shall be 22 deemed “CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY.” After the 23 inspecting Party has identified the documents it wants copied and produced, the 24 Producing Party must determine which documents, or portions thereof, qualify for 25 protection under this Order. Then, before producing the specified documents, the 26 Producing Party must affix the proper confidentiality legend to each page that 27 contains Protected Material. 28 (b) for testimony given in depositions that the Designating Party identifies 8 Case 2:20-cv-06339-JAK-GJS Document 85 Filed 01/28/22 Page 9 of 36 Page ID #:2459

1 the Disclosure or Discovery Material on the record, before the close of the 2 deposition all protected testimony, or by sending written notice of how portions of 3 the transcript of the testimony is designated within thirty (30) days of receipt of the 4 transcript of the testimony. If no indication on the record is made, all information 5 disclosed during a deposition shall be deemed “CONFIDENTIAL – OUTSIDE 6 ATTORNEYS’ EYES ONLY” until the time within which it may be appropriately 7 designated as provided for herein has passed. Any Party that wishes to disclose the 8 transcript, or information contained therein, may provide written notice of its intent 9 to treat the transcript as non-confidential, after which time, any Party that wants to 10 maintain any portion of the transcript as confidential must designate the confidential 11 portions within fourteen (14) days, or else the transcript may be treated as non- 12 confidential. Any Protected Material that is used in the taking of a deposition shall 13 remain subject to the provisions of this Protective Order, along with the transcript 14 pages of the deposition testimony dealing with such Protected Material. In such 15 cases the court reporter shall be informed of this Protective Order and shall be 16 required to operate in a manner consistent with this Protective Order. In the event 17 the deposition is videotaped, the original and all copies of the videotape shall be 18 marked by the video technician to indicate that the contents of the videotape are 19 subject to this Protective Order, substantially along the lines of “This videotape 20 contains confidential testimony used in this case and is not to be viewed or the 21 contents thereof to be displayed or revealed except pursuant to the terms of the 22 operative Protective Order in this matter or pursuant to written stipulation of the 23 parties.” Counsel for any Producing Party shall have the right to exclude from oral 24 depositions, other than the deponent, deponent’s counsel, the reporter and 25 videographer (if any), any person who is not authorized by this Protective Order to 26 receive or access Protected Material based on the designation of such Protected 27 Material. Such right of exclusion shall be applicable only during periods of 28 examination or testimony regarding such Protected Material. 9 Case 2:20-cv-06339-JAK-GJS Document 85 Filed 01/28/22 Page 10 of 36 Page ID #:2460

1 (c) Written Discovery and Documents and Tangible Things. Written 2 discovery, documents (which include “electronically stored information,” as that 3 phrase is used in Federal Rule of Procedure 34), and tangible things that meet the 4 requirements for the confidentiality designations may be so designated by placing 5 the appropriate designation on every page of the written material prior to 6 production. For digital files being produced, the Producing Party may mark each 7 viewable page or image with the appropriate designation, and mark the medium, 8 container, and/or communication in which the digital files were contained. In the 9 event that original documents are produced for inspection, the original documents 10 shall be presumed “CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY” 11 during the inspection and re-designated, as appropriate during the copying process. 12 (d) Native Files. Where electronic files and documents are produced in 13 native electronic format, such electronic files and documents shall be designated for 14 protection under this Order by appending to the file names or designators 15 information indicating whether the file contains “CONFIDENTIAL,” 16 “CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY,” or 17 “CONFIDENTIAL - OUTSIDE ATTORNEYS’ EYES ONLY - SOURCE CODE,” 18 material, or shall use any other reasonable method for so designating Protected 19 Materials produced in electronic format. When electronic files or documents are 20 printed for use at deposition, in a court proceeding, or for provision in printed form 21 to an expert or consultant pre-approved pursuant to Paragraph 10, the party printing 22 the electronic files or documents shall affix a legend to the printed document 23 corresponding to the designation of the Designating Party and including the 24 production number and designation associated with the native file. No one shall 25 seek to use in this litigation a .tiff, .pdf or other image format version of a document 26 produced in native file format without first (1) providing a copy of the image format 27 version to the Producing Party so that the Producing Party can review the image to 28 ensure that no information has been altered, and (2) obtaining the consent of the 10 Case 2:20-cv-06339-JAK-GJS Document 85 Filed 01/28/22 Page 11 of 36 Page ID #:2461

1 Producing Party, which consent shall not be unreasonably withheld. 2 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 3 failure to designate qualified information or items does not, standing alone, waive 4 the Designating Party’s right to secure protection under this Order for such material. 5 Upon timely correction of a designation, the Receiving Party must make reasonable 6 efforts to assure that the material is treated in accordance with the provisions of this 7 Order. 8 A Receiving Party shall not be in breach of this Order for any use of such 9 Discovery Material before the Receiving Party receives such notice that such 10 Discovery Material is protected under one of the categories of this Order, unless an 11 objectively reasonable person would have realized that the Discovery Material 12 should have been appropriately designated with a confidentiality designation under 13 this Order. Once a Receiving Party has received notification of the correct 14 confidentiality designation for the Protected Material with the correct confidentiality 15 designation, the Receiving Party shall treat such Discovery Material (subject to the 16 exception below) at the appropriately designated level pursuant to the terms of this 17 Order. 18 Notwithstanding the above, a subsequent designation of “CONFIDENTIAL,” 19 “CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY” or 20 “CONFIDENTIAL – ATTORNEYS’ EYES ONLY – SOURCE CODE” shall apply 21 on a going forward basis and shall not disqualify anyone who reviewed 22 “CONFIDENTIAL,” “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” or 23 “CONFIDENTIAL – ATTORNEYS’ EYES ONLY – SOURCE CODE” materials 24 while the materials were not marked “CONFIDENTIAL – ATTORNEYS’ EYES 25 ONLY” or “CONFIDENTIAL – ATTORNEYS’ EYES ONLY – SOURCE CODE” 26 from engaging in the activities set forth in Paragraph 7.2. 27 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 28 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 11 Case 2:20-cv-06339-JAK-GJS Document 85 Filed 01/28/22 Page 12 of 36 Page ID #:2462

1 designation of confidentiality at any time that is consistent with the Court’s 2 Scheduling Order. A Party shall not be obligated to challenge the propriety of any 3 designation of Discovery Material under this Order at the time the designation is 4 made, and a failure to do so shall not preclude a subsequent challenge thereto. 5 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 6 resolution process under Local Rule 37.1 et seq. Any challenge to a designation of 7 Discovery Material under this Order shall be written, shall be served on outside 8 counsel for the Producing Party, shall particularly identify the documents or 9 information that the Receiving Party contends should be differently designated, and 10 shall state the grounds for the objection. Thereafter, further protection of such 11 material shall be resolved in accordance with the following procedures: 12 (i) The Challenging Party shall have the burden of conferring either in 13 person, in writing, or by telephone with the Producing Party claiming protection (as 14 well as any other interested party) in a good faith effort to resolve the dispute. The 15 Producing Party shall have the burden of justifying the disputed designation; 16 (ii) Failing agreement, the Receiving Party may bring a motion to the Court 17 for a ruling that the Discovery Material in question is not entitled to the status and 18 protection of the Producing Party’s designation. The Parties’ entry into this Order 19 shall not preclude or prejudice either Party from arguing for or against any 20 designation, establish any presumption that a particular designation is valid, or alter 21 the burden of proof that would otherwise apply in a dispute over discovery or 22 disclosure of information; 23 (iii) Notwithstanding any challenge to a designation, the Discovery Material 24 in question shall continue to be treated as designated under this Order until one of 25 the following occurs: (a) the Party who designated the Discovery Material in 26 question withdraws such designation in writing; or (b) the Court rules that the 27 Discovery Material in question is not entitled to the designation. 28 12 Case 2:20-cv-06339-JAK-GJS Document 85 Filed 01/28/22 Page 13 of 36 Page ID #:2463

1 6.3 The burden of persuasion in any such challenge proceeding shall be on 2 the Designating Party. Frivolous challenges, and those made for an improper 3 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 4 parties) may expose the Challenging Party to sanctions. Unless the Designating 5 Party has waived or withdrawn the confidentiality designation, all parties shall 6 continue to afford the material in question the level of protection to which it is 7 entitled under the Producing Party’s designation until the Court rules on the 8 challenge. 9 7. ACCESS TO AND USE OF PROTECTED MATERIAL 10 7.1 Basic Principles. A Receiving Party may use Protected Material that is 11 disclosed or produced by another Party or by a Non-Party in connection with this 12 Action only for prosecuting, defending or attempting to settle this Action. Such 13 Protected Material may be disclosed only to the categories of persons and under the 14 conditions described in this Order. When the Action has been terminated, a 15 Receiving Party must comply with the provisions of section 13 below (FINAL 16 DISPOSITION). 17 Protected Material must be stored and maintained by a Receiving Party at a 18 location and in a secure manner that ensures that access is limited to the persons 19 authorized under this Order. 20 7.2 Patent Prosecution Bar. Absent the written consent of the Producing Party, 21 any person on behalf of the Plaintiff who receives one or more items designated 22 “CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY” or 23 “CONFIDENTIAL – ATTORNEYS’ EYES ONLY – SOURCE CODE” by a 24 Defendant shall not be involved, directly or indirectly, in any of the following 25 activities before any foreign or domestic agency, including the United States Patent 26 and Trademark Office: (i) drafting or amending any claims of any patent or patent 27 application related to the patents-in-suit; (ii) drafting or amending any claims to 28 Bluetooth-related technology in any patent or patent application that claims priority 13 Case 2:20-cv-06339-JAK-GJS Document 85 Filed 01/28/22 Page 14 of 36 Page ID #:2464

1 to a date earlier than the date of entry of this Order; and (iii) drafting or amending 2 any claims of any patent or patent application that cover the accused devices in this 3 case. This Prosecution Bar shall begin when “CONFIDENTIAL – OUTSIDE 4 ATTORNEYS’ EYES ONLY” or “CONFIDENTIAL – ATTORNEYS’ EYES 5 ONLY – SOURCE CODE” information is first received by the affected individual 6 and shall end after final termination of this action. 7 7.3 Secure Storage, No Export. Protected Material must be stored and 8 maintained by a Receiving Party at a location in the United States and in a secure 9 manner that ensures that access is limited to the persons authorized under this Order. 10 Protected Material may not be exported outside the United States or released to any 11 foreign national (even if within the United States). 12 7.4 Legal Advice Based on Protected Material. Nothing in this Protective 13 Order shall be construed to prevent counsel from advising their clients with respect 14 to this case based in whole or in part upon Protected Materials, provided counsel 15 does not disclose the Protected Material itself except as provided in this Order. 16 7.5 Limitations. Nothing in this Order shall restrict in any way a 17 Producing Party’s use or disclosure of its own Protected Material. Nothing in this 18 Order shall restrict in any way the use or disclosure of Discovery Material by a 19 Receiving Party: (i) that is or has become publicly known through no fault of the 20 Receiving Party; (ii) that is lawfully acquired by or known to the Receiving Party 21 independent of the Producing Party; (iii) previously produced, disclosed and/or 22 provided by the Producing Party to the Receiving Party or a non-party without an 23 obligation of confidentiality and not by inadvertence or mistake; (iv) with the 24 consent of the Producing Party; or (v) pursuant to order of the Court. 25 7.6 Disclosure of “CONFIDENTIAL” Information or Items. A Producing 26 Party may designate Discovery Material as “CONFIDENTIAL” if it contains or 27 reflects confidential, proprietary, and/or commercially sensitive information. Unless 28 otherwise ordered by the court or permitted in writing by the Designating Party, a 14 Case 2:20-cv-06339-JAK-GJS Document 85 Filed 01/28/22 Page 15 of 36 Page ID #:2465

1 Receiving Party may disclose any information or item designated 2 “CONFIDENTIAL” only to: 3 (a) the Receiving Party’s Outside Counsel of Record in this Action, as 4 well as employees of said Outside Counsel of Record to whom it is reasonably 5 necessary to disclose the information for this Action; 6 (b) Not more than three (3) representatives of the Receiving Party who are 7 officers, directors, and employees (including House Counsel) of the Receiving Party 8 to whom disclosure is reasonably necessary for this Action, provided that (i) each 9 such person has agreed to be bound by the provisions of the Protective Order by 10 signing a copy of Exhibit A; and (ii) no unresolved objections to such disclosure 11 exist after proper notice has been given to all Parties as set forth in Paragraph 10 12 below; 13 (c) Experts (as defined in this Order) of the Receiving Party to whom 14 disclosure is reasonably necessary for this Action and who have signed a copy of 15 Exhibit A, and provided that: (i) such expert or consultant is not a current officer, 16 director, or employee of a Party or of a competitor of a Party, nor anticipated at the 17 time of retention to become an officer, director or employee of a Party or of a 18 competitor of a Party; (ii) such expert or consultant accesses the materials in the 19 United States only, and does not transport them to or access them from any foreign 20 jurisdiction; and (iii) no unresolved objections to such disclosure exist after proper 21 notice has been given to all Parties as set forth in Paragraph 10 below; 22 (d) the court and its personnel; 23 (e) court reporters and their staff; 24 (f) professional jury or trial consultants, mock jurors, and Professional 25 Vendors to whom disclosure is reasonably necessary for this Action and who have 26 signed a copy of Exhibit A; 27 (g) the author or recipient of a document containing the information or a 28 custodian or other person who otherwise possessed or knew the information; 15 Case 2:20-cv-06339-JAK-GJS Document 85 Filed 01/28/22 Page 16 of 36 Page ID #:2466

1 (h) during their depositions, witnesses, and attorneys for witnesses, in the 2 Action to whom disclosure is reasonably necessary provided: (1) the deposing party 3 requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they will 4 not be permitted to keep any confidential information unless they sign the 5 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 6 agreed by the Designating Party or ordered by the court. Pages of transcribed 7 deposition testimony or exhibits to depositions that reveal Protected Material may 8 be separately bound by the court reporter and may not be disclosed to anyone except 9 as permitted under this Stipulated Protective Order; and 10 (i) any mediator or settlement officer, and their supporting personnel, 11 mutually agreed upon by any of the parties engaged in settlement discussions; and 12 (j) any other person with the prior written consent of the Producing Party. 13 7.7 Disclosure of “CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES 14 ONLY” Information or Items. A Producing Party may designate Discovery 15 Material as “CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY” if it 16 contains or reflects information that is extremely confidential and/or sensitive in 17 nature and the Producing Party reasonably believes that the disclosure of such 18 Discovery Material is likely to cause economic harm or significant competitive 19 disadvantage to the Producing Party. The Parties agree that the following 20 information, if non-public, shall be presumed to merit the “CONFIDENTIAL – 21 OUTSIDE ATTORNEYS’ EYES ONLY” designation: trade secrets, pricing 22 information, financial data, sales information, sales or marketing forecasts or plans, 23 business plans, sales or marketing strategy, product development information, 24 engineering documents, testing documents, employee information, and other non- 25 public information of similar competitive and business sensitivity. Unless otherwise 26 ordered by the Court, Discovery Material designated as “CONFIDENTIAL – 27 OUTSIDE ATTORNEYS’ EYES ONLY” may be disclosed only to: 28 (a) The Receiving Party’s Outside Counsel, provided that such Outside 16 Case 2:20-cv-06339-JAK-GJS Document 85 Filed 01/28/22 Page 17 of 36 Page ID #:2467

1 Counsel is not involved in competitive decision-making, as defined by U.S. Steel v. 2 United States, 730 F.2d 1465, 1468 n.3 (Fed. Cir. 1984), on behalf of a Party or a 3 competitor of a Party, and such Outside Counsel’s immediate paralegals and staff, 4 and any copying or clerical litigation support services working at the direction of 5 such counsel, paralegals, and staff; 6 (b) Experts (as defined in this Order) of the Receiving Party to whom 7 disclosure is reasonably necessary for this Action and who have signed a copy of 8 Exhibit A, and provided that: (i) such expert or consultant is not a current officer, 9 director, or employee of a Party or of a competitor of a Party, nor anticipated at the 10 time of retention to become an officer, director, or employee of a Party or of a 11 competitor of a Party; (ii) such expert or consultant is not involved in competitive 12 decision-making, as defined by U.S. Steel v. United States, 730 F.2d 1465, 1468 n.3 13 (Fed. Cir. 1984), on behalf of a Party or a competitor of a Party; (iii) such expert or 14 consultant accesses the materials in the United States only, and does not transport 15 them to or access them from any foreign jurisdiction; and (iv) no unresolved 16 objections to such disclosure exist after proper notice has been given to all Parties as 17 set forth in Paragraph 10 below; 18 (c) the court and its personnel; 19 (e) court reporters and their staff; 20 (e) professional jury or trial consultants, and Professional Vendors to 21 whom disclosure is reasonably necessary for this Action and who have signed a 22 copy of Exhibit A; 23 (f) the author or recipient of a document containing the information or a 24 custodian or other person who otherwise possessed or knew the information; 25 (g) any mediator or settlement officer, and their supporting personnel, 26 mutually agreed upon by any of the parties engaged in settlement discussions; and 27 (h) any other person with the prior written consent of the Producing Party. 28 7.8 Disclosure of “CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES 17 Case 2:20-cv-06339-JAK-GJS Document 85 Filed 01/28/22 Page 18 of 36 Page ID #:2468

1 ONLY – SOURCE CODE” Information or Items. A Producing Party may designate 2 Discovery Material as “CONFIDENTIAL – – OUTSIDE ATTORNEYS’ EYES 3 ONLY – SOURCE CODE” if it comprises or includes confidential, proprietary, 4 and/or trade secret Source Code. Nothing in this Order shall be construed as a 5 representation or admission that Source Code is properly discoverable in this action, 6 or to obligate any Party to produce any Source Code. Unless otherwise ordered by 7 the Court, Discovery Material designated as “CONFIDENTIAL – – OUTSIDE 8 ATTORNEYS’ EYES ONLY – SOURCE CODE” shall be subject to the provisions 9 set forth in Paragraph 8 below, and may be disclosed, subject to Paragraph 8 below, 10 solely to: 11 (a) The Receiving Party’s Outside Counsel, provided that such Outside 12 Counsel is not involved in competitive decision-making, as defined by U.S. Steel v. 13 United States, 730 F.2d 1465, 1468 n.3 (Fed. Cir. 1984), on behalf of a Party or a 14 competitor of a Party, and such Outside Counsel’s immediate paralegals and staff, 15 and any copying or clerical litigation support services working at the direction of 16 such counsel, paralegals, and staff; 17 (b) Experts (as defined in this Order) of the Receiving Party to whom 18 disclosure is reasonably necessary for this Action and who have signed a copy of 19 Exhibit A, and provided that: (i) such expert or consultant is not a current officer, 20 director, or employee of a Party or of a competitor of a Party, nor anticipated at the 21 time of retention to become an officer, director, or employee of a Party or of a 22 competitor of a Party; (ii) such expert or consultant is not involved in competitive 23 decision-making, as defined by U.S. Steel v. United States, 730 F.2d 1465, 1468 n.3 24 (Fed. Cir. 1984), on behalf of a Party or a competitor of a Party; and (iii) no 25 unresolved objections to such disclosure exist after proper notice has been given to 26 all Parties as set forth in Paragraph 10 below; 27 (c) the court and its personnel; 28 (d) court reporters and their staff; 18 Case 2:20-cv-06339-JAK-GJS Document 85 Filed 01/28/22 Page 19 of 36 Page ID #:2469

1 (e) any mediator or settlement officer, and their supporting personnel, 2 mutually agreed upon by any of the parties engaged in settlement discussions; and 3 (f) any other person with the prior written consent of the Producing Party. 4 8. DISCLOSURE AND REVIEW OF SOURCE CODE 5 (a) Any Source Code that is produced by Plaintiff shall be made available 6 for inspection in electronic format at the Irvine, California office of its outside 7 counsel, Knobbe, Martens, Olson & Bear, LLP, or any other location mutually 8 agreed by the Parties. Any Source Code that is produced by Apple Inc. will be 9 made available for inspection at the Palo Alto, California office of its outside 10 counsel, Cooley LLP, or any other location mutually agreed by the Parties. Source 11 Code will be made available for inspection between the hours of 9 a.m. and 5 p.m. 12 on business days (i.e., weekdays that are not Federal holidays), although the Parties 13 will be reasonable in accommodating reasonable requests to conduct inspections at 14 other times. In the event that it is not feasible for the Producing Party to make 15 source code available for inspection at the office of its outside counsel, the 16 Producing Party shall not unreasonably withhold consent to making source code 17 available for inspection at an outside vendor’s facility (for example, some Iron 18 Mountain facilities) that has sufficient security and logistical capabilities. If the 19 parties mutually agree to such review at an outside vendor’s facility, the Producing 20 Party shall be responsible for the costs of locating one review machine at that one 21 facility and any facility costs for the Receiving Party to inspect the source code at 22 that facility for no more than ten (10) days; the parties may meet and confer about 23 any other costs, such as for additional days, which shall be borne by the Receiving 24 Party absent a showing of good cause. 25 (b) Prior to the first inspection of any requested Source Code, the 26 Receiving Party shall provide fourteen (14) days notice of the Source Code that it 27 wishes to inspect. The Receiving Party shall provide fourteen (14) days notice prior 28 to any additional inspections. 19 Case 2:20-cv-06339-JAK-GJS Document 85 Filed 01/28/22 Page 20 of 36 Page ID #:2470

1 (c) Source Code that is designated “CONFIDENTIAL – OUTSIDE 2 ATTORNEYS’ EYES ONLY - SOURCE CODE” shall be produced for inspection 3 and review subject to the following provisions, unless otherwise agreed by the 4 Producing Party: 5 (i) All Source Code shall be made available by the Producing Party to 6 the Receiving Party’s outside counsel and/or experts in a secure room on a secured 7 computer without Internet access or network access to other computers and on 8 which all access ports have been disabled (except for one printer port), as necessary 9 and appropriate to prevent and protect against any unauthorized copying, 10 transmission, removal or other transfer of any Source Code outside or away from the 11 computer on which the Source Code is provided for inspection (the “Source Code 12 Computer” in the “Source Code Review Room”). The Producing Party shall install 13 tools that are sufficient for viewing and searching the code produced, on the 14 platform produced, if such tools exist and are presently used in the ordinary course 15 of the Producing Party’s business. The Receiving Party’s outside counsel and/or 16 experts may request that commercially available software tools for viewing and 17 searching Source Code be installed on the secured computer, provided, however, 18 that (a) the Receiving Party possesses an appropriate license to such software tools; 19 (b) the Producing Party approves such software tools; and (c) such other software 20 tools are reasonably necessary for the Receiving Party to perform its review of the 21 Source Code consistent with all of the protections herein. The Receiving Party must 22 provide the Producing Party with the CD or DVD containing such licensed software 23 tool(s) at least fourteen (14) days in advance of the date upon which the Receiving 24 Party wishes to have the additional software tools available for use on the Source 25 Code Computer. 26 (ii) No recordable media or recordable devices, including without 27 limitation sound recorders, computers, cellular telephones, peripheral equipment, 28 cameras, CDs, DVDs, or drives of any kind, shall be permitted into the Source Code 20 Case 2:20-cv-06339-JAK-GJS Document 85 Filed 01/28/22 Page 21 of 36 Page ID #:2471

1 Review Room. 2 (iii) The Receiving Party’s outside counsel and/or experts shall be 3 entitled to take notes relating to the Source Code but may not copy the Source Code 4 into the notes and may not take such notes electronically on the Source Code 5 Computer itself or any other computer. 6 (iv) The Producing Party may visually monitor the activities of the 7 Receiving Party’s representatives during any Source Code review, but only to 8 ensure that no unauthorized electronic records of the Source Code and no 9 information concerning the Source Code are being created or transmitted in any 10 way. 11 (v) No copies of all or any portion of the Source Code may leave the 12 room in which the Source Code is inspected except as otherwise provided herein. 13 Further, no other written or electronic record of the Source Code is permitted except 14 as otherwise provided herein. The Producing Party shall make available a laser 15 printer with commercially reasonable printing speeds for on-site printing during 16 inspection of the Source Code. The Receiving Party may print limited portions of 17 the Source Code only when necessary to prepare court filings or pleadings or other 18 papers (including a testifying expert’s expert report). Any printed portion that 19 consists of more than five (5) pages of a continuous block of Source Code shall be 20 presumed to be excessive, and the burden shall be on the Receiving Party to 21 demonstrate the need for such a printed copy. The Receiving Party may print out no 22 more than 20 pages total. The Receiving Party shall not print Source Code in order 23 to review blocks of Source Code elsewhere in the first instance, i.e., as an alternative 24 to reviewing that Source Code electronically on the Source Code Computer, as the 25 Parties acknowledge and agree that the purpose of the protections herein would be 26 frustrated by printing portions of code for review and analysis elsewhere, and that 27 printing is permitted only when necessary to prepare court filings or pleadings or 28 other papers (including a testifying expert’s expert report). Upon printing any such 21 Case 2:20-cv-06339-JAK-GJS Document 85 Filed 01/28/22 Page 22 of 36 Page ID #:2472

1 portions of Source Code, the printed pages shall be collected by the Producing 2 Party. The Producing Party shall Bates number, copy, and label “CONFIDENTIAL 3 – OUTSIDE ATTORNEYS’ EYES ONLY - SOURCE CODE” any pages printed 4 by the Receiving Party. Within fourteen (14) days, the Producing Party shall either 5 (i) provide one copy set of such pages to the Receiving Party or (ii) inform the 6 Requesting Party that it objects that the printed portions are excessive and/or not 7 done for a permitted purpose. If, after meeting and conferring, the Producing Party 8 and the Receiving Party cannot resolve the objection, the Receiving Party shall be 9 entitled to seek a Court resolution of whether the printed Source Code in question is 10 narrowly tailored and was printed for a permitted purpose. The burden shall be on 11 the Receiving Party to demonstrate that such printed portions are no more than is 12 reasonably necessary for a permitted purpose and not merely printed for the 13 purposes of review and analysis elsewhere. The printed pages shall constitute part 14 of the Source Code produced by the Producing Party in this action. 15 (vi) All persons who will review a Producing Party’s Source Code on 16 behalf of a Receiving Party, including members of a Receiving Party’s outside law 17 firm, shall be identified in writing to the Producing Party at least five (5) days in 18 advance of the first time that such person reviews such Source Code. Such 19 identification shall be in addition to any other disclosure required under this Order. 20 All persons viewing Source Code shall sign on each day they view Source Code a 21 log that will include the names of persons who enter the locked room to view the 22 Source Code and when they enter and depart. The Producing Party shall be entitled 23 to a copy of the log upon one (1) day’s advance notice to the Receiving Party. 24 (vii) Unless otherwise agreed in advance by the Parties in writing, 25 following each day on which inspection is done under this Order, the Receiving 26 Party’s outside counsel and/or experts shall remove all notes, documents, and all 27 other materials from the Source Code Review Room. The Producing Party shall not 28 be responsible for any items left in the room following each inspection session, and 22 Case 2:20-cv-06339-JAK-GJS Document 85 Filed 01/28/22 Page 23 of 36 Page ID #:2473

1 the Receiving Party shall have no expectation of confidentiality for any items left in 2 the room following each inspection session without a prior agreement to that effect. 3 Proper identification of all authorized persons shall be provided prior to any access 4 to the secure room or the computer containing Source Code. Proper identification 5 requires showing, at a minimum, a photo identification card sanctioned by the 6 government of any State of the United States, by the government of the United 7 States, or by the nation state of the authorized person’s current citizenship. Access 8 to the secure room or the Source Code Computer may be denied, at the discretion of 9 the supplier, to any individual who fails to provide proper identification. 10 (viii) Other than as provided above, the Receiving Party will not copy, 11 remove, or otherwise transfer any Source Code from the Source Code Computer 12 including, without limitation, copying, removing, or transferring the Source Code 13 onto any recordable media or recordable device. The Receiving Party will not 14 transmit any Source Code in any way from the Producing Party’s facilities or the 15 offices of its outside counsel of record. 16 (ix) The Receiving Party’s outside counsel of record may make no 17 more than three (3) additional paper copies of any portions of the Source Code 18 received from a Producing Party pursuant to Paragraph 8(c)(v), not including copies 19 attached to court filings or used at depositions, and shall maintain a log of all paper 20 copies of the Source Code. The log shall include the names of the reviewers and/or 21 recipients of paper copies and locations where the paper copies are stored. Upon 22 one (1) day’s advance notice to the Receiving Party by the Producing Party, the 23 Receiving Party shall provide a copy of this log to the Producing Party. 24 (x) The Receiving Party’s outside counsel of record and any person 25 receiving a copy of any Source Code shall maintain and store any paper copies of 26 the Source Code at their offices in a manner that prevents duplication of or 27 unauthorized access to the Source Code, including, without limitation, storing the 28 Source Code in a locked room or cabinet at all times when it is not in use. No more 23 Case 2:20-cv-06339-JAK-GJS Document 85 Filed 01/28/22 Page 24 of 36 Page ID #:2474

1 than a total of ten (10) individuals identified by the receiving party shall have access 2 to the printed portions of Apple Source Code (except insofar as such code appears in 3 any court filing or expert report). 4 (xi) For depositions, the Receiving Party shall not bring copies of any 5 printed Source Code. Rather, at least ten (10) days before the date of the deposition, 6 the Receiving Party shall notify the Producing Party about the specific portions of 7 Source Code it wishes to use at the deposition, and the Producing Party shall bring 8 printed copies of those portions to the deposition for use by the Receiving Party. 9 Copies of Source Code that are marked as deposition exhibits shall not be provided 10 to the Court Reporter or attached to deposition transcripts; rather, the deposition 11 record will identify the exhibit by its production numbers. All paper copies of 12 Source Code brought to the deposition shall remain with the Producing Counsel’s 13 outside counsel for secure destruction in a timely manner following the deposition. 14 (xii) Except as provided in this sub-paragraph, absent express written 15 permission from the Producing Party, the Receiving Party may not create electronic 16 images, or any other images, or make electronic copies, of the Source Code from 17 any paper copy of Source Code for use in any manner (including by way of example 18 only, the Receiving Party may not scan the Source Code to a PDF or photograph the 19 code). Images or copies of Source Code shall not be included in correspondence 20 between the Parties (references to production numbers shall be used instead), and 21 shall be omitted from pleadings and other papers whenever possible. If a Party 22 reasonably believes that it needs to submit a portion of Source Code as part of a 23 filing with the Court, the Parties shall meet and confer as to how to make such a 24 filing while protecting the confidentiality of the Source Code and such Source Code 25 will not be filed absent agreement from the Producing Party that the confidentiality 26 protections will be adequate. If a Producing Party agrees to produce an electronic 27 copy of all or any portion of its Source Code or provide written permission to the 28 Receiving Party that an electronic or any other copy needs to be made for a Court 24 Case 2:20-cv-06339-JAK-GJS Document 85 Filed 01/28/22 Page 25 of 36 Page ID #:2475

1 filing, access to the Receiving Party’s submission, communication, and/or disclosure 2 of electronic files or other materials containing any portion of Source Code (paper 3 or electronic) shall at all times be limited solely to individuals who are expressly 4 authorized to view Source Code under the provisions of this Order. Where the 5 Producing Party has provided the express written permission required under this 6 provision for a Receiving Party to create electronic copies of Source Code, the 7 Receiving Party shall maintain a log of all such electronic copies of any portion of 8 Source Code in its possession or in the possession of its retained consultants, 9 including the names of the reviewers and/or recipients of any such electronic copies, 10 and the locations and manner in which the electronic copies are stored. 11 Additionally, any such electronic copies must be labeled “CONFIDENTIAL - 12 ATTORNEYS’ EYES ONLY - SOURCE CODE” as provided for in this Order. 13 9. NOTICE OF DISCLOSURE 14 (a) Prior to disclosing any Protected Material to any person 15 described in Paragraphs 7.6(b), 7.6(c), 7.7(b), or 7.8(b) (referenced below as 16 “Person”), the Party seeking to disclose such information shall provide the 17 Producing Party with written notice that includes: 18 (i) the name of the Person; 19 (ii) an up-to-date curriculum vitae of the Person; 20 (iii) the present employer and title of the Person; 21 (iv) an identification of all of the Person’s past and current 22 employment and consulting relationships, including direct relationships and 23 relationships through entities owned or controlled by the Person, including but 24 not limited to an identification of any individual or entity with or for whom the 25 person is employed or to whom the person provides consulting services relating 26 to the design, development, operation, or patenting of wireless communication 27 systems or digital audio systems, or relating to the acquisition of intellectual 28 property assets relating to wireless communication systems or digital audio 25 Case 2:20-cv-06339-JAK-GJS Document 85 Filed 01/28/22 Page 26 of 36 Page ID #:2476

1 systems; 2 (v) an identification of all pending patent applications on which the 3 Person is named as an inventor, in which the Person has any ownership interest, 4 or as to which the Person has had or anticipates in the future any involvement in 5 advising on, consulting on, preparing, prosecuting, drafting, editing, amending, 6 or otherwise affecting the scope of the claims; and 7 (vi) a list of the cases in which the Person has testified at deposition 8 or trial within the last five (5) years. 9 Further, the Party seeking to disclose Protected Material shall provide such other 10 information regarding the Person’s professional activities reasonably requested 11 by the Producing Party for it to evaluate whether good cause exists to object to 12 the disclosure of Protected Material to the outside expert or consultant. During 13 the pendency of and for a period of two (2) years after the final resolution of this 14 action, including all appeals, the Party seeking to disclose Protected Material 15 shall immediately provide written notice of any change with respect to the 16 Person’s involvement in the design, development, operation or patenting of 17 wireless communication systems or digital audio systems, or the acquisition of 18 intellectual property assets relating to wireless communication systems or digital 19 audio systems. 20 (b) Within fourteen (14) days of receipt of the disclosure of the 21 Person, the Producing Party or Parties may object in writing to the Person for 22 good cause. In the absence of an objection at the end of the fourteen (14) day 23 period, the Person shall be deemed approved under this Protective Order. There 24 shall be no disclosure of Protected Material to the Person prior to expiration of 25 this fourteen (14) day period. If the Producing Party objects to disclosure to the 26 Person within such fourteen (14) day period, the Parties shall meet and confer via 27 telephone or in person within seven (7) days following the objection and attempt 28 in good faith to resolve the dispute on an informal basis. If the dispute is not 26 Case 2:20-cv-06339-JAK-GJS Document 85 Filed 01/28/22 Page 27 of 36 Page ID #:2477

1 resolved, the Party objecting to the disclosure will have seven (7) days from the 2 date of the meet and confer to seek relief from the Court. If relief is not sought 3 from the Court within that time, the objection shall be deemed withdrawn. If 4 relief is sought, designated materials shall not be disclosed to the Person in 5 question until the Court resolves the objection. 6 (c) For purposes of this section, “good cause” shall include an 7 objectively reasonable concern that the Person will, advertently or inadvertently, 8 use or disclose Discovery Materials in a way or ways that are inconsistent with 9 the provisions contained in this Order. 10 (d) Prior to receiving any Protected Material under this Order, the 11 Person must execute a copy of the “Agreement to Be Bound by Protective 12 Order” (Exhibit A hereto) and serve it on all Parties. 13 (e) An initial failure to object to a Person under this Paragraph shall 14 not preclude the nonobjecting Party from later objecting to continued access by 15 that Person for good cause. If an objection is made, the Parties shall meet and 16 confer via telephone or in person within seven (7) days following the objection 17 and attempt in good faith to resolve the dispute informally. If the dispute is not 18 resolved, the Party objecting to the disclosure will have seven (7) days from the 19 date of the meet and confer to seek relief from the Court. The designated Person 20 may continue to have access to information that was provided to such Person 21 prior to the date of the objection. If a later objection is made, no further 22 Protected Material shall be disclosed to the Person until the Court resolves the 23 matter or the Producing Party withdraws its objection. Notwithstanding the 24 foregoing, if the Producing Party fails to move for a protective order within 25 seven (7) business days after the meet and confer, further Protected Material may 26 thereafter be provided to the Person. 27 28 10. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 27 Case 2:20-cv-06339-JAK-GJS Document 85 Filed 01/28/22 Page 28 of 36 Page ID #:2478

1 IN OTHER LITIGATION 2 If a Party is served with a subpoena or a court order issued in other litigation 3 that compels disclosure of any information or items designated in this Action as 4 “CONFIDENTIAL,” “CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES 5 ONLY,” or “CONFIDENTIAL - ATTORNEYS’ EYES ONLY - SOURCE CODE,” 6 that Party must: 7 (a) promptly notify in writing the Designating Party. Such notification 8 shall include a copy of the subpoena or court order; 9 (b) promptly notify in writing the party who caused the subpoena or order 10 to issue in the other litigation that some or all of the material covered by the 11 subpoena or order is subject to this Protective Order. Such notification shall include 12 a copy of this Stipulated Protective Order; and 13 (c) cooperate with respect to all reasonable procedures sought to be 14 pursued by the Designating Party whose Protected Material may be affected. 15 If the Designating Party timely seeks a protective order, the Party served with 16 the subpoena or court order shall not produce any information designated in this 17 action as “CONFIDENTIAL” “CONFIDENTIAL – OUTSIDE ATTORNEYS’ 18 EYES ONLY,” or “CONFIDENTIAL - ATTORNEYS’ EYES ONLY - SOURCE 19 CODE,” before a determination by the court from which the subpoena or order 20 issued, unless the Party has obtained the Designating Party’s permission. The 21 Designating Party shall bear the burden and expense of seeking protection in that 22 court of its confidential material and nothing in these provisions should be construed 23 as authorizing or encouraging a Receiving Party in this Action to disobey a lawful 24 directive from another court. 25 11. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 26 PRODUCED IN THIS LITIGATION 27 (a) The terms of this Order are applicable to information produced by a 28 Non-Party in this Action and designated as “CONFIDENTIAL,” 28 Case 2:20-cv-06339-JAK-GJS Document 85 Filed 01/28/22 Page 29 of 36 Page ID #:2479

1 “CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY,” or 2 “CONFIDENTIAL - ATTORNEYS’ EYES ONLY - SOURCE CODE.” Such 3 information produced by Non-Parties in connection with this litigation is protected 4 by the remedies and relief provided by this Order. Nothing in these provisions 5 should be construed as prohibiting a Non-Party from seeking additional protections. 6 (b) In the event that a Party is required, by a valid discovery request, to 7 produce a Non-Party’s confidential information in its possession, and the Party is 8 subject to an agreement with the Non-Party not to produce the Non-Party’s 9 confidential information, then the Party shall: 10 (1) promptly notify in writing the Requesting Party and the Non-Party 11 that some or all of the information requested is subject to a confidentiality 12 agreement with a Non-Party; 13 (2) promptly provide the Non-Party with a copy of the Stipulated 14 Protective Order in this Action, the relevant discovery request(s), and a reasonably 15 specific description of the information requested; and 16 (3) if the Non-Party does not have a copy of the information, make the 17 information requested available for inspection by the Non-Party, if requested. 18 (c) If the Non-Party fails to seek a protective order from this court within 19 14 days of receiving the notice and accompanying information, the Receiving Party 20 may produce the Non-Party’s confidential information responsive to the discovery 21 request. If the Non-Party timely seeks a protective order, the Receiving Party shall 22 not produce any information in its possession or control that is subject to the 23 confidentiality agreement with the Non-Party before a determination by the court. 24 Absent a court order to the contrary, the Non-Party shall bear the burden and 25 expense of seeking protection in this court of its Protected Material. 26 12. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 27 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 28 Protected Material to any person or in any circumstance not authorized under this 29 Case 2:20-cv-06339-JAK-GJS Document 85 Filed 01/28/22 Page 30 of 36 Page ID #:2480

1 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 2 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 3 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 4 persons to whom unauthorized disclosures were made of all the terms of this Order, 5 and (d) request such person or persons to execute the “Acknowledgment and 6 Agreement to Be Bound” that is attached hereto as Exhibit A. Unauthorized or 7 inadvertent disclosure does not change the status of Protected Material or waive the 8 right to hold the disclosed document or information as Protected. 9 13. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 10 PROTECTED MATERIAL 11 When a Producing Party gives notice to Receiving Parties that certain 12 inadvertently produced material is subject to a claim of privilege or other protection, 13 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 14 Procedure 26(b)(5)(B). This provision is not intended to modify whatever 15 procedure may be established in an e-discovery order that provides for production 16 without prior privilege review. Pursuant to Federal Rule of Evidence 502(d) and 17 (e), insofar as the parties reach an agreement on the effect of disclosure of a 18 communication or information covered by the attorney-client privilege or work 19 product protection, the parties may incorporate their agreement in the stipulated 20 protective order submitted to the court. 21 The inadvertent production by a Party of Discovery Material subject to the 22 attorney-client privilege, work-product protection, or any other applicable privilege 23 or protection, despite the Producing Party’s reasonable efforts to prescreen such 24 Discovery Material prior to production, will not waive the applicable privilege 25 and/or protection if a request for return of such inadvertently produced Discovery 26 Material is made promptly after the Producing Party learns of its inadvertent 27 production. 28 Upon a request from any Producing Party who has inadvertently produced 30 Case 2:20-cv-06339-JAK-GJS Document 85 Filed 01/28/22 Page 31 of 36 Page ID #:2481

1 Discovery Material that it believes is privileged and/or protected, each Receiving 2 Party shall immediately return such Protected Material or Discovery Material and all 3 copies to the Producing Party, except for any pages containing privileged markings 4 by the Receiving Party which shall instead be destroyed and certified as such by the 5 Receiving Party to the Producing Party. 6 Nothing herein shall prevent the Receiving Party from preparing a record for its own 7 use containing the date, author, addresses, and topic of the inadvertently produced 8 Discovery Material and such other information as is reasonably necessary to identify 9 the Discovery Material and describe its nature to the Court in any motion to compel 10 production of the Discovery Material. 11 14. MISCELLANEOUS 12 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 13 person to seek its modification by the Court in the future. By stipulating to this 14 Order, the Parties do not waive the right to argue that certain material may require 15 additional or different confidentiality protections than those set forth herein. 16 12.2 Right to Assert Other Objections. By stipulating to the entry of this 17 Protective Order, no Party waives any right it otherwise would have to object to 18 disclosing or producing any information or item on any ground not addressed in this 19 Stipulated Protective Order. Similarly, no Party waives any right to object on any 20 ground to use in evidence of any of the material covered by this Protective Order. 21 This Order shall not constitute a waiver of the right of any Party to claim in this 22 action or otherwise that any Discovery Material, or any portion thereof, is privileged 23 or otherwise non-discoverable, or is not admissible in evidence in this action or any 24 other proceeding. 25 12.3 Filing Protected Material. A Party that seeks to file under seal any 26 Protected Material must comply with Local Civil Rule 79-5. Protected Material 27 may only be filed under seal pursuant to a court order authorizing the sealing of the 28 specific Protected Material at issue. If a Party’s request to file Protected Material 31 Case 2:20-cv-06339-JAK-GJS Document 85 Filed 01/28/22 Page 32 of 36 Page ID #:2482

1 under seal is denied by the court, then the Receiving Party may file the information 2 in the public record unless otherwise instructed by the court. However, nothing in 3 this section shall in any way limit or detract from this Order’s requirements as to 4 Source Code. 5 12.4 Computation of Time. The computation of any period of time 6 prescribed or allowed by this Order shall be governed by the provisions for 7 computing time set forth in Federal Rules of Civil Procedure 6. 8 12.5 Discovery from Experts or Consultants. Absent good cause, notes and 9 drafts of reports of testifying experts, and reports and other written materials, 10 including drafts, of consulting experts, shall not be discoverable. Reports and 11 materials exempt from discovery under the foregoing Paragraph shall be treated as 12 attorney work product for the purposes of this case and Protective Order. 13 12.6 Termination of Matter and Retention of Jurisdiction. The Parties agree 14 that the terms of this Protective Order shall survive and remain in effect after the 15 Final Determination of the above-captioned matter. The Court shall retain 16 jurisdiction after Final Determination of this matter to hear and resolve any disputes 17 arising out of this Protective Order. 18 12.7 Successors. This Order shall be binding upon the Parties hereto, their 19 attorneys, and their successors. 20 12.8 Burdens of Proof. Notwithstanding anything to the contrary above, 21 nothing in this Protective Order shall be construed to change the burdens of proof or 22 legal standards applicable in disputes regarding whether particular Discovery 23 Material is confidential, which level of confidentiality is appropriate, whether 24 disclosure should be restricted, and if so, what restrictions should apply. 25 12.9 Modification by Court. This Order is subject to further court order 26 based upon public policy or other considerations, and the Court may modify this 27 Order sua sponte in the interests of justice. The United States District Court for the 28 Central District of California is responsible for the interpretation and enforcement of 32 Case 2:20-cv-06339-JAK-GJS Document 85 Filed 01/28/22 Page 33 of 36 Page ID #:2483

1 this Order. All disputes concerning Protected Material, however designated, 2 produced under the protection of this Order shall be resolved by the United States 3 District Court for the Central District of California. 4 12.10 Discovery Rules Remain Unchanged. Nothing herein shall alter or 5 change in any way the discovery provisions of the Federal Rules of Civil Procedure, 6 the Local Rules for the United States District Court for the Central District of 7 California, or the Court’s own orders. Identification of any individual pursuant to 8 this Protective Order does not make that individual available for deposition or any 9 other form of discovery outside of the restrictions and procedures of the Federal 10 Rules of Civil Procedure, the Local Rules for the United States District Court for the 11 Central District of California, or the Court’s own orders. 12 13. FINAL DISPOSITION 13 Not later than ninety (90) days after the final disposition of this Action, as 14 defined in paragraph 4,each Receiving Party must return all Protected Material to 15 the Producing Party or destroy such material, at the option of the Producing Party. 16 As used in this subdivision, “all Protected Material” includes all copies, abstracts, 17 compilations, summaries, and any other format reproducing or capturing any of the 18 Protected Material. Whether the Protected Material is returned or destroyed, the 19 Receiving Party must submit a written certification to the Producing Party (and, if 20 not the same person or entity, to the Designating Party) by the 90 day deadline that 21 (1) identifies (by category, where appropriate) all the Protected Material that was 22 returned or destroyed and (2) affirms that the Receiving Party has not retained any 23 copies, abstracts, compilations, summaries or any other format reproducing or 24 capturing any of the Protected Material. Notwithstanding this provision, Counsel are 25 entitled to retain an archival copy of all pleadings, motion papers, trial, deposition, 26 and hearing transcripts, legal memoranda, correspondence, deposition and trial 27 exhibits, expert reports, attorney work product, and consultant and expert work 28 product, even if such materials contain Protected Material, but must return or 33 Case 2120-cv-06339-JAK-GJS Document 85 Filed 01/28/22 Page 34o0f36 Page ID #:2484

1 || destroy any pleadings, correspondence, and consultant work product that contain 2 || Source Code. Any such archival copies that contain or constitute Protected Material 3 |) remain subject to this Protective Order as set forth in Section 4 (DURATION). 4 | 14. VIOLATION 5 || Any violation of this Order may be punished by appropriate measures including, 6 || without limitation, contempt proceedings and/or monetary sanctions. 7 || ITIS SO STIPULATED, THROUGH COUNSEL OF RECORD. 9 |} DATED January 27, 2022 10 11 || 4s/ Douglas G. Muehlhauser D Attorneys for Plaintiff

13 14 || DATED January 27, 2022 15 16 || □□□ Heidi L. Keefe 7 Attorneys for Defendant

18 19 || FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 20 21 || DATED: _ January 28, 2022 22 23 ST 24 25 || United States Magistrate Judge 26 27 28 34

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1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 4 I, _____________________________ [print or type full name], of 5 _________________ [print or type full address], declare under penalty of perjury 6 that I have read in its entirety and understand the Stipulated Protective Order that 7 was issued by the United States District Court for the Central District of California 8 on [date] in the case of One-E-Way, Inc. v. Apple Inc., United States District Court, 9 Central District of California, Western Division, Civil Action No. 2:20-cv-06339- 10 JAK-GJS. I agree to comply with and to be bound by all the terms of this Stipulated 11 Protective Order and I understand and acknowledge that failure to so comply could 12 expose me to sanctions and punishment in the nature of contempt. I solemnly 13 promise that I will not disclose in any manner any information or item that is subject 14 to this Stipulated Protective Order to any person or entity except in strict compliance 15 with the provisions of this Order. 16 I further agree to submit to the jurisdiction of the United States District Court for the 17 Central District of California for enforcing the terms of this Stipulated Protective 18 Order, even if such enforcement proceedings occur after termination of this action. 19 I hereby appoint __________________________ [print or type full name] of 20 _______________________________________ [print or type full address and 21 telephone number] as my California agent for service of process in connection with 22 this action or any proceedings related to enforcement of this Stipulated Protective 23 Order. 24 Date: ______________________________________ 25 City and State where sworn and signed: _________________________________ 26 Present occupation/job description: _________________________________ 27 28 Name of Company or Firm: _________________________________ 35 Case 2:20-cv-06339-JAK-GJS Document 85 Filed 01/28/22 Page 36 of 36 Page ID #:2486

1 2 Printed name: _______________________________ 3 4 Signature: __________________________________ 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 36