Extract to table

No copying of Source Code materials is permitted, except for limited excerpts that are strictly necessary for use in court filings (including motions and briefs), expert reports, or deposition exhibits, all of which must be filed under seal in accordance with the Court's Local Rules and any applicable sealing orders

The Proposed Order includes a detailed source code review protocol, the key terms of which are as follows: • All source code inspections shall take place at a stand-alone, non-networked computer provided by the producing party's counsel, located either at the producing party's counsel's offices or at a mutually agreed neutral location within the Eastern District of Texas; • The reviewing party's designated counsel and technical expert may take limited handwritten notes during the inspection, which shall themselves be treated as Source Code materials under the Proposed Order; • No electronic copying, photographing, screen capture, or other digital reproduction of source code displays is permitted during the inspection; and • The producing party's counsel shall have the right to have a representative present during all source code inspections to ensure compliance with the review protocol

During the interim period before designation, all produced materials shall be treated as CONFIDENTIAL by default

Under this procedure: (1) The challenging party shall provide written notice to the designating party, identifying with reasonable specificity the materials at issue and the basis for the challenge (e

that the designated materials are publicly available, that the designated tier is higher than warranted, or that the designation lacks a good-faith basis); (2) The designating party shall have fourteen (14) business days from receipt of the challenge notice to respond in writing

Either party may then seek relief from the Court by filing an appropriate motion; and (4) During the pendency of any challenge, including any motion practice before the Court, the materials at issue shall remain at the designated tier until the Court orders otherwise, or until the parties agree to a different designation