Contract analysis

I. Overview of the Proposed Three-Tier Confidentiality Framework The Proposed Order employs a three-tier confidentiality designation framework that is widely used in complex patent litigation and that we believe appropriately calibrates the level of access restrictions to the sensitivity of the information at issue. I summarize each tier below for your convenience. A. Tier 1: "CONFIDENTIAL" The first tier—designated

II. Key Provisions of the Proposed Order Highlighted for Discussion In addition to the three-tier confidentiality framework summarized above, the Proposed Order contains a number of procedural and substantive provisions that are standard in protective orders of this type but that I wish to highlight for your review and comment. A. Designation Procedures Under the Proposed Order, any party may designate produced docum

III. Specific Issues Flagged for Hawthorne Vega & Cruz's Input While we believe the Proposed Order represents a fair and balanced framework, there are several areas where we anticipate the parties may benefit from further discussion. I have flagged these below and welcome your thoughts. A. In-House Counsel Access Under the AEO Tier As noted above, the Proposed Order excludes in-house counsel from access to AEO-design

IV. Discovery Timeline and Urgency I want to emphasize the urgency of finalizing the Proposed Protective Order. As you know, OWS's Initial Disclosures pursuant to Rule 26(a)(1) were served on August 19, 2024, and we anticipate that Lumicore's Initial Disclosures are due on the same date or shortly thereafter. Additionally, OWS's First Set of Interrogatories (25 interrogatories) and First Set of Requests for Productio

V. Enclosures Enclosed with this letter, please find the following documents for your review: Enclosure 1: Proposed Stipulated Protective Order (clean draft) — 28 pages Enclosure 2: Exhibit A to Proposed Order — Form of Acknowledgment and Agreement to Be Bound by the Stipulated Protective Order Enclosure 3: Exhibit B to Proposed Order — Form of Challenge Notice

VI. Closing Kate, I appreciate your attention to this matter and your willingness to engage cooperatively on the protective order framework. I am confident that the parties can reach agreement on a stipulated protective order that adequately protects the confidential information of both OWS and Lumicore while facilitating the efficient prosecution and defense of this case. Please do not hesitate to call me directly a