Contract analysis

1. PURPOSES AND LIMITATIONS 1.1. This Order governs the handling, disclosure, and use of all "Protected Material" (as defined in Section 2.6 below) produced, disclosed, designated, or filed in connection with this Action, Optiwave Semiconductor Corp. v. Lumicore Technologies, Inc., Case No. 2:24-cv-00319-JRG, pending before the United States District Court for the Eastern District of Texas, marshall Division. 1.2. Th

2. DEFINITIONS As used in this Order, the following terms shall have the meanings set forth below: 2.1. "Action" means this patent infringement action, Optiwave Semiconductor Corp. v. Lumicore Technologies, Inc., Case No. 2:24-cv-00319-JRG, pending before the United States District Court for the Eastern District of Texas, marshall Division, including all proceedings, motions, hearings, trials, appeals, and any remand

3. TIERS OF PROTECTION This Order establishes three tiers of confidentiality protection. Each tier corresponds to the sensitivity of the Protected Material and carries distinct restrictions on access and use. The Designating Party shall select the tier that is appropriate for the material based on a good-faith assessment of the nature and sensitivity of the information. The three tiers are as follows: 3.1. Tier 1: CO

4. DESIGNATING PROTECTED MATERIAL 4.1. Designation of Documents. A Designating Party shall designate a document as Protected Material by marking each page of the produced document (or, for documents produced in native format, the first page of a multi-page document in the native production) with the applicable confidentiality legend, as follows: • For Tier 1: "CONFIDENTIAL" • For Tier 2: "HIGHLY CONFIDENTIAL — ATTORN

5. CHALLENGING CONFIDENTIALITY DESIGNATIONS 5.1. Right to Challenge. Any Receiving Party may challenge the confidentiality designation of any document, testimony, or other information at any time during the pendency of this Action. A challenge shall be made by providing written notice (which may be sent by email) to the Designating Party, specifically identifying: (a) the document(s) or information at issue (by Bates

6. USE OF PROTECTED MATERIAL 6.1. Use Limitation. Protected Material shall be used solely for the prosecution, defense, and resolution of this Action, including trial, any appeal, any remand proceedings, and any related settlement or mediation discussions. Protected Material shall not be used for any business, commercial, competitive, personal, or other purpose unrelated to this Action. 6.2. Prohibited Uses. Without

7. FILING PROTECTED MATERIAL WITH THE COURT 7.1. General Rule. Protected Material shall not be filed on the public record. Any Party that seeks to file a document containing Protected Material with the Court shall file it under seal in accordance with the Court's Local Rules, the individual practices of the presiding judge, and the procedures set forth in this Section. The Parties recognize the strong presumption of

8. PROTECTED MATERIAL IN DEPOSITIONS 8.1. Designation of Deposition Testimony. Any Party may designate a deposition, or any portion thereof, as containing Protected Material at any tier, in accordance with the procedures set forth in Section 4.3 of this Order. The designation may be made on the record during the deposition or by written notice within twenty-one (21) calendar days after receipt of the final transcript

9. PROTECTED MATERIAL AT TRIAL 9.1. Pre-Trial Conference on Confidentiality Procedures. The Parties shall confer at least thirty (30) days before the commencement of the jury trial currently set for February 2, 2026, regarding the procedures for handling Protected Material at trial. The Parties shall use their best efforts to reach agreement on trial confidentiality procedures in advance of the pre-trial conference.

10. INADVERTENT PRODUCTION OF PRIVILEGED MATERIAL 10.1. Clawback Provision. In accordance with Federal Rule of Evidence 502(d) and the Parties' Joint discovery Plan and Report filed on July 29, 2024 (Dkt. No. 28), the inadvertent production of any document, communication, or information protected by the attorney-client privilege, the work-product doctrine, or any other applicable privilege or protection shall not con

11. NON-PARTY OBLIGATIONS 11.1. Non-Party Designations. Non-parties who produce documents, provide information, or give testimony in this Action may designate their materials as Protected Material under this Order by applying the appropriate tier designation in accordance with the procedures set forth in Section 4 of this Order. The protections of this Order shall extend to materials produced by non-parties to the sa

12. PROSECUTION BAR 12.1. Scope of Prosecution Bar. Any person who receives access to Tier 2 (HIGHLY CONFIDENTIAL — ATTORNEYS' EYES ONLY) or Tier 3 (HIGHLY CONFIDENTIAL — SOURCE CODE) material of the opposing Party shall not, for a period of one (1) year after the final conclusion of this Action (including exhaustion or expiration of all rights of appeal and any remand proceedings), participate in the prosecution of

13. OBLIGATIONS UPON CONCLUSION OF LITIGATION 13.1. Return or Destruction of Protected Material. Within ninety (90) days after the final resolution of this Action — including exhaustion of all rights of appeal, expiration of all applicable appeal deadlines, or final settlement — each Receiving Party shall, at the election of the Producing Party (communicated in writing): (a) Return all Protected Material (and all cop

14. MODIFICATION 14.1. Modification by Stipulation or Order. This Order may be modified, amended, or supplemented at any time by (a) written stipulation of the Parties, fi