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Multimedia Patent Trust v. Microsoft Corp.

November 19, 2007

MULTIMEDIA PATENT TRUST, PLAINTIFF,
v.
MICROSOFT CORPORATION, DEFENDANT.
MICROSOFT CORPORATION, COUNTER-CLAIMANT,
v.
LUCENT TECHNOLOGIES INC., ALCATEL-LUCENT, AND MULTIMEDIA PATENT TRUST, COUNTER-DEFENDANTS.



The opinion of the court was delivered by: Marilyn L Huff, District Judge United States District Court

ORDER CONCERNING THE PRODUCTION OF ELECTRONIC AMENDED PROTECTIVE SOURCE CODE PURSUANT TO JOINT MOTION BY MICROSOFT CORPORATION, ALCATEL-LUCENT, AND LUCENT TECHNOLOGIES, INC., MULTIMEDIA PATENT TRUST

Each party, through its respective outside counsel of record, and subject to the approval of the Court, agrees to the following procedures for the production of electronic source code:

1. Microsoft, Lucent, and Alcatel-Lucent (each a "Producing Party") shall make all produced source code available for inspection by the other parties to this litigation (each an "Inspecting Party") as electronic source code. "Electronic source code" means the electronic version of source code in the form in which it is kept in the ordinary course of business by the owner, with directory structure, file structure, and version control information intact, to the extent such information exists.

2. The Producing Parties shall make the electronic source code available for inspection on a secure computer located in a secure room at the following locations:

a. In the case of electronic source code produced by Microsoft, the secure computer shall be located at the San Diego office of Fish & Richardson P.C., 12390 El Camino Real, San Diego, CA 92130.

b. In the case of electronic source code produced by Lucent and AlcatelLucent, the secure computer shall be located at the New York office of Kirkland & Ellis LLP, 153 East 53rd Street, New York, NY 10022.

3. Each secure computer shall be configured as follows:

a. Each secure computer shall, at a minimum, include a color video monitor, a keyboard, a mouse, and an attached printer for printing electronic source code analyses. Each secure computer shall also have installed the standard Microsoft Windows XP installation, including the Wordpad and Notepad applications. The secure computer shall contain at a minimum an Intel Pentium family processor with a 500 megahertz or higher processor clock speed, 256 megabytes of RAM, and sufficient hard drive space to accommodate the Windows XP installation, the electronic source code, Microsoft Visual Studio and Microsoft SourceSafe. The Producing Party shall act in good faith to ensure that its secure computer is fully functional before any inspection.

b. Each secure computer shall have the electronic source code stored on a hard drive contained inside the secure computer.

c. The Producing Party shall install Microsoft Visual Studio and Microsoft Source Safe on each secure computer. The Producing Party will also install a directory print tool, a file compare tool, and the following tools provided they may not be used to edit or alter the electronic source code: vim, ctags, and grep. All software will be installed by the Producing Party.

d. The Inspecting Party shall be entitled to print any source code searches or analyses it may run on the secure computer using any installed software and take with it from the secure room any such printouts. All such printouts must be Bates labeled and marked "Confidential - Outside Counsel Only." The Producing Party may not read, review, or keep a copy of any such printouts.Other than these searches and analyses, the Inspecting Party shall not print any electronic source code.

e. Each secure computer shall be configured so that no Producing Party or other party may monitor or determine, directly or indirectly, (i) the portions of source code viewed by the Inspecting Party or (ii) the parameters or results of any searches or analyses performed by the Inspecting Party. f. Each secure computer shall be configured so that it will be unable to send or receive email, and shall not have the ability to copy documents or information to a location outside the secure computer, except for the printing of electronic source code searches and analyses per paragraph 3.d. The Inspecting Party shall not attempt to send or receive email from the secure computer, and shall not attempt to copy documents or information from the secure computer to a location outside the secure computer, except for the printing of electronic source code searches and analyses per paragraph 3.d.

4. In the event that the Inspecting Party requests that the Producing Party produce portions of the electronic source code to the Inspecting Party, the Inspecting Party shall identify such portions to the Producing Party. If the requested portions constitute 3000 or fewer pages, the Producing Party shall provide to the Inspecting Party, within two business daysof the day on which the code is requested, a CD-ROM or DVD containing in PDF format copies of the requested portions of the source code with production numbers. If the requested portions constitute more than 3000 pages, the Producing Party shall provide the Inspecting Party with the requested copies at a rate of 3000 pages per business day (on a CD-ROM or DVD in PDF format) starting on the second business day following the day on which the request was made by the Inspecting Party. Any source code files or portions of files produced in PDF format shall include an identification (by trade name, version number, directory name, and file name) of the software to which the source code belongs.

5. Each secure room shall be of reasonable size to accommodate comfortably six people, and shall include a conference ...


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