December 27, 2013
BRANDYWINE COMMUNICATIONS TECHNOLOGIES, LLC, Plaintiff,
AT&T CORP. and SBC Internet Services, Inc. Defendants.
Timothy Devlin (admitted pro hac vice), Jonathan D. Baker (Cal. Bar No. 196062), Brian H. VanderZanden (Cal Bar No. 233134), Lei Sun (Cal. Bar No. 251304), FARNEY DANIELS PC, Georgetown, Texas, Attorneys for Plaintiff, BRANDYWINE COMMUNICATIONS TECHNOLOGIES, LLC.
William H. Boice (admitted pro hac vice), Russell A. Korn (admitted pro hac vice), Robert J. Artuz (Cal. Bar No. 227789), Kristopher L. Reed (Cal. Bar No. 235518), Matthew C. Holohan (Cal. Bar No. 239040), Alyson L. Wooten (pro hac vice), KILPATRICK TOWNSEND & STOCKTON LLP, Menlo Park, CA, Attorneys for Defendants, AT&T CORP. and SBC INTERNET SERVICES, INC.
[PROPOSED] ORDER REGARDING REMOTE ACCESS TO CONFIDENTIAL MATERIALS BY DR. NICHOLAS BURD
CLAUDIA WILKEN, District Judge.
Pursuant to the Court's Order dated December 20, 2013, the Plaintiff Brandywine Communications Technologies LLC ("Plaintiff" or "Brandywine") and Defendants AT&T Corp. and SBC Internet Services, Inc. (jointly "Defendants"), hereby stipulate to and respectfully petition the Court to enter the following Protocol:
1. To the extent Plaintiff's expert, Dr. Nicholas Burd, wishes to access materials designated by Defendants as "CONFIDENTIAL" or "HIGHLY CONFIDENTIAL OUTSIDE COUNSEL ONLY" ("the Documents") outside the United States, Dr. Burd may do so only using a secure portal established using Relativity® software provided by kCura.
2. The Relativity database on which the Documents are hosted ("Relativity Database") shall physically reside in the United States.
3. The Relativity Database shall be maintained by either Plaintiff or Defendants, and not by Dr. Burd.
4. The Relativity Database shall be configured by the host such that Dr. Burd is not physically able to download, print, copy, or otherwise save the documents outside the United States. Dr. Burd's access shall be limited such that he is only able to view the documents on a screen, without creating a copy of any kind of all or part of the documents, in hard or soft copy.
5. The Relativity Database shall be configured so as not to cause the copying or storing of any copies of the Documents on any computers outside of the United States, accidentally or otherwise.
6. Subject to the restrictions in Paragraphs 4 and 5, the Relativity Database shall be configured to provide all standard document review features of that system, including for example text searching. If hosted by Defendants, Defendants' counsel shall provide contact information for technical support to Plaintiff's counsel and Dr. Burd.
7. Before accessing any Documents as described above, Dr. Burd shall agree in writing that (a) he is bound by the protective order in this matter and (b) he submits to the personal jurisdiction and venue of this Court for all matters arising out of the protective order and this Order.
8. The provisions of the protective order in this matter shall otherwise remain in full force and effect.