Exhibit List PartyCal. Super. - 6th Dist.November 5, 2020EXHIBIT B Envirodigm's Proposed Confidentiality Order (redline) Electronically Filed by Superior Court of CA, County of Santa Clara, on 7/9/2021 11:05 AM Reviewed By: L Del Mundo Case #20CV373138 Envelope: 6812806 ©W\IO\UIhbJNH NNNNNNNNNHHHHHHHHHH WQQUI&MNHGWW\IG\UIhUJNHG SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA CLARA ENVIRODIGM, INC., a Delaware Corp.; Plaintiff, APPLE, INC.; and Does 1 through 10 Defendants, -1- Case N0. 20CV373 13 8 STIPULATED CONFIDENTIALITY ORDER |PROPOSED| ST-I-PULAr'PE-D-CONFIDENTIALITY ORDER Case N0. 20CV373 1 38 ©W\IO\UI-BQJNH NNNNNNNNNHHHHHHHHHH WQQWKMNHGWWQfimfiwNflc The parties represent that this litigation does not present any public health 0r safety concerns and this Order does not deviate from the Model Confidentiality Order published by the Complex Division of the Santa Clara County Superior Court except as t0 paragraph 4(d) which has been modified to apply equally t0 both parties. Wed}: In order t0 protect the confidentiality 0f confidential information obtained by the parties in connection with this case, the parties hereby agree as follows: Part One: Use 0f Confidential Materials in Discovery 1. Any party 0r non-party may designate as “Confidential Information” (by stamping the relevant page 0r as otherwise set forth herein) any document 0r response t0 discovery which that party 0r non-party considers in good faith t0 contain information involving trade secrets, or confidential business 0r financial information, subject t0 Rules 8.45, 8.46, 8.47, 8.490, 2.550, 2.551, M, andm 0fthe California Rules 0f Court, 0r under other provisions of California law. Where a document 0r response consists 0f more than one page, the first page and each page 0n which confidential information appears shall be so designated. 2. A party 0r non-party may designate information disclosed during a deposition or in response t0 written discovery as “confidential” by so indicating in said responses 0r 0n the record at the deposition and requesting the preparation 0f a separate transcript 0f such material. In addition, a party or non-party may designate in writing, Within twenty (20) days after receipt 0f said responses 0r 0f the deposition transcript for which the designation is proposed, that specific pages 0f the transcript and/or specific responses be treated as “Confidential Information.” Any other party may object t0 such proposal, in writing 0r 0n the record. Upon such objection, the parties shall follow the procedures described in paragraph 8 below. After any designation made according t0 the procedure set forth in this paragraph, the designated documents 0r information shall be treated according t0 the designation until the matter is resolved according t0 the procedures described in paragraph 8 below, and counsel for all parties shall be responsible for marking all previously unmarked copies 0f the designated material in their possession 0r control with the specified designation. _ 2 _ |PROPOSED| Silll-PUImAr'PE-D-CONFIDENTIALITY ORDER Case N0. 20CV373 1 38 ©W\IO\UI-BQJNH NNNNNNNNNHHHHHHHHHH WQQWKMNHGWWQfimfiwNHG 3. A11 Confidential Information produced 0r exchanged in the course 0f this case (not including information that is publicly available) shall be used by the party 0r parties t0 whom the information is produced solely for the purpose 0f this case. 4. Except with the prior written consent of the other parties, 0r upon prior order 0f this Court obtained upon notice t0 opposing counsel, Confidential Information shall not be disclosed t0 any person other than: (a) counsel for the respective parties t0 this litigation, including, in-house counsel and co-counsel retained for this litigation; (b) employees 0f such counsel; (c) individual parties 0r officers 0r employees 0f a party, t0 the extent deemed necessary by counsel for the prosecution 0r defense 0f this litigation; (d) consultants 0r expert witnesses retained for the prosecution 0r defense 0f this litigation, provided that each person shall execute a copy 0f the Certification attached t0 this Order (which shall be retained by counsel t0 the party so disclosing the Confidential Information and made available for inspection by opposing counsel during the pendency 0r after the termination 0fthe action only upon good cause shown and upon order of the Court) before being shown or given any Confidential Information, and provided that if the party chooses a consultant 0r expert employed by the defendant eppesmg-pafty 0r one 0f its competitors, the party shall notify the opposing party, 0r designating non-party, before disclosing any Confidential Information t0 that individual and shall give the opposing party an opportunity t0 move for a protective order preventing 0r limiting such disclosure; (e) any authors 0r recipients 0f the Confidential Information; (f) the Court, Court personnel, and court reporters; and (g) witnesses (other than persons described in paragraphs 4(0) and 4(6)). A Witness shall sign the Certification before being shown a confidential document. Confidential Information may be disclosed t0 a witness who willnot sign the Certification only in adeposition in which the party who designated the Confidential Information is represented 0r has been given notice that Confidential Information produced by the party may be used. At the request 0f any party, _ 3 _ |PROPOSED| Silll-PUImAr'PE-D-CONFIDENTIALITY ORDER Case N0. 20CV373 1 3 8 WWQONUI-BQJNH NNNNNNNNNHHHHHHHHHH WQQWKMNHGWWQfimfiwNflc the portion 0f the deposition transcript involving the Confidential Information shall be designated “Confidential” pursuant t0 paragraph 2 above. Witnesses shown Confidential Information shall not be allowed t0 retain copies. 5. Any persons receiving Confidential Information shall not reveal 0r discuss such information t0 0r with any person who is not entitled t0 receive such information, except as set forth herein. 6. In connection with discovery proceedings as t0 which a party submits Confidential Information, confidential documents shall be lodged 0r filed with a confidential designation by electronic submission in the manner described in Rule 2.55 1 (d), and pursuant t0 Local General Rule 6B.3. Such records must not be submitted in paper form. A11 chamber copies containing Confidential Information which are submitted t0 the Court shall be lodged with the Court in sealed envelopes 0r other appropriate sealed containers by delivery t0 Court Services addressed t0 the assigned Department 0r as directed by the Court. On the outside 0f the envelopes, a copy 0f the first page 0f the document shall be attached. If Confidential Information is included in the first page attached t0 the outside 0f the envelopes, it may be deleted from the outside copy. The word “CONFIDENTIAL” shall be stamped 0n the envelope and a statement substantially in the following form shall also be printed 0n the envelope: “This envelope is sealed pursuant t0 Order 0f the Court, contains Confidential Information and is not t0 be opened 0r the contents revealed, except by Order 0f the Court 0r agreement by the parties.” 7. A party may designate as “Confidential Information” documents 0r discovery materials produced by a non-party by providing written notice t0 all parties 0f the relevant document numbers 0r other identification within thirty (30) days after receiving such documents or discovery materials. Any party 0r non-party may voluntarily disclose t0 others without restriction any information designated by that party 0r non-party as Confidential Information, although a document may lose its confidential status if it is made public. 8. If a party contends that any material is not entitled t0 confidential treatment, such party may at any time give written notice t0 the party 0r non-party who designated the material. The party _ 4 _ |PROPOSED| Silll-PUImAr'PE-D-CONFIDENTIALITY ORDER Case N0. 20CV373 1 3 8 ©W\IO\UIhQJNH NNNNNNNNNHHHHHHHHHH WQQWKMNHGWWQfimfiwNflc 0r non-party who designated the material shall have twenty-five (25) days from the receipt 0f such written notice t0 apply to the Court for an order designating the material as confidential. The party 0r non-party seeking the order has the burden 0f establishing that the document is entitled t0 protection. 9. Notwithstanding any challenge t0 the designation 0f material as Confidential Information, all documents shall be treated as such and shall be subject t0 the provisions hereof unless and until one 0f the following occurs: (a) the party or non-party who claims that the material is Confidential Information withdraws such designation in writing; or (b) the party or non-party who claims that the material is Confidential Information fails t0 apply t0 the Court for an order designating the material confidential within the time period specified above after receipt 0f a written challenge to such designation; 0r (c) the Court rules the material is not Confidential Information. 10. A11 provisions of this Order restricting the communication 0r use 0f Confidential Information shall continue t0 be binding after the conclusion 0f the action, unless otherwise agreed 0r ordered. Upon conclusion 0f the litigation, a party in possession 0f Confidential Information, other than that which is contained in pleadings, correspondence, and deposition transcripts, shall either (a) return such documents n0 later than thirty (30) days after conclusion 0f this action t0 counsel for the party 0r non-party who provided such information, 0r (b) destroy such documents within the time period upon consent 0f the party who provided the information and certify in writing within thirty (3 0) days that the documents have been destroyed. 11. Nothing herein shall be deemed t0 waive any applicable privilege 0r work product protection, 0r t0 affect the ability 0f a party t0 seek relief for an inadvertent disclosure 0f material protected by privilege 0r work product protection. Any witness 0r other person, firm 0r entity from Which discovery is sought may be informed 0f and may obtain the protection 0f this Order by written advice t0 the parties’ respective counsel 0r by oral advice at the time 0f any deposition 0r similar proceeding. Part Two: Use 0f Confidential Materials in Court _ 5 _ |PROPOSED| Silll-PU-EAJ-E-D-CONFIDENTIALITY ORDER Case N0. 20CV373 1 3 8 ©W\IO\UIBQJNH NNNNNNNNNHHHHHHHHHH WQQWKMNHGWWQfimfiwNflc The following provisions govern the treatment 0f Confidential Information used at trial 0r submitted as a basis for adjudication 0f matters other than discovery motions or proceedings. The procedures for use 0f Confidential Information at trial shall be determined by the trial judge. Trial exhibits shall not be filed but must be lodged in paper form With the assigned trial department as set forth in the Court’s Local Civil Rules. These provisions are subject t0 Rules 8.46, 8.490, 2.550, 2.551, 2.580, and 2.585 0f the California Rules 0f Court and must be construed in light 0f those Rules. 12. A party that files with the Court, 0r seeks to use at trial, materials designated as Confidential Information, and who seeks t0 have the record containing such information sealed, shall submit t0 the Court a motion to seal, pursuant t0 California Rules 0f Court 2.55 1. 13. A party that files with the Court, 0r seeks t0 use at trial, materials designated as Confidential Information by anyone other than itself, and who does not seek t0 have the record containing such information sealed, shall comply with either 0f the following requirements: (a) At least ten (10) business days prior to the filing or use 0f the Confidential Information, the submitting party shall give notice t0 all parties, and t0 any non-party that designated the materials as Confidential Information pursuant t0 this Order, 0f the submitting party’s intention t0 file 0r use the Confidential Information, including specific identification 0f the Confidential Information. Any affected party 0r non-party may then file a motion t0 seal, pursuant t0 California Rules ofCourt 2.551; 0r (b) At the time 0f filing 0r desiring to use the Confidential Information, the submitting party shall submit the materials electronically with a confidential designation pursuant t0 the lodging-under-seal provision 0f California Rule 0f Court 2.55 1 (d) and Local General Rule 6B(3), and at the same time file in the public record redacted versions of the same documents. Any affected party 0r non-party may then file a motion t0 seal, pursuant t0 the California Rule 0f Court 2.551(b), Within ten (10) business days after such lodging. Documents lodged pursuant t0 California Rule 0f Court 2.551(d) shall bear a legend stating that such materials shall be unsealed upon the expiration 0f ten (10) business days, absent the filing 0f a motion t0 seal pursuant t0 Rule 2.551(b) 0r Court Order. _ 6 _ |PROPOSED| Silll-PUImAr'PE-D-CONFIDENTIALITY ORDER Case N0. 20CV373 1 3 8 ©W\IO\UIBQJNH NNNNNNNNNHHHHHHHHHH WQQUI&MNHGWW\IG\UI&MNHG 13, the moving party’s declaration pursuant t0 California Rule 0f Court 2.55 1 (b)(l) shall contain sufficient particularity with respect t0 the particular Confidential Information and the basis for sealing to enable the Court to make the findings required by California Rule 0f Court 2.550(d) without being 14. In connection with a request t0 have materials sealed pursuant t0 Section 12 or Section required t0 review each item 0f Confidential Information. 15 . This Stipulated Protective Order creates n0 right t0 file Confidential Information under seal without complying with California Rules 0f Court, Rules 2.550 et seq. Dated: Dated: Dated: SO STIPULATED. SO ORDERED. Elizabeth C. Pritzker Jonathan Levine PRITZKER LEVINE LLP Derrick S. Boyd BOYD POWERS WILLIAMSON LLP John C. Camillus LAW OFFICES OF JOHN C. CAMILLUS LLC Attorneysfor Plaintifi’Envirodigm, Inc. Nick Saenz Lewis & Llewelyn LLP Attorneysfor Apple, Inc. Judge 0f the Superior Court _ 7 _ |PROPOSED| ST-I-PULAr'PE-D-CONFIDENTIALITY ORDER Case N0. 20CV373 1 38 ©W\IO\UIhbJNH NNNNNNNNNHHHHHHHHHH WQQUI&MNHGWW\IG\UI&MNHG -8- |PROPOSED| ST-I-PULAr'PE-D-CONFIDENTIALITY ORDER Case N0. 20CV373 1 38 WWQONUIhQJNH NNNNNNNNNHHHHHHHHHH WQQUI&MNHGWW\IG\UI&MN#G CERTIFICATION I hereby certify my understanding that Confidential Information is being provided t0 me pursuant t0 the terms and restrictions 0f the Proposed Confidentiality Agreement and Order dated , in Envirodz'gm, Inc. v. Apple, Ina, Case N0. 20CV373 138. I have been given a copy 0f that Order and read it. I agree to be bound by the Order. I will not reveal the Confidential Information t0 anyone, except as allowed by the Order. Iwill maintain all such Confidential Information - including copies, notes, 0r other transcriptions made therefrom - in a secure matter to prevent unauthorized access t0 it. N0 later than thirty (30) days after the conclusion 0f this action, I will return the Confidential Information - including copies, notes 0r other transcriptions made therefrom - t0 the counsel who provided me with the Confidential Information. I hereby consent t0 the jurisdiction 0f the California Superior Court, County 0f Santa Clara, for the purpose 0f enforcing the Confidentiality Order. I declare under penalty of perjury that the foregoing is true and correct and that this certificate is execution this day of , at By: Address: Phone: _ 9 _ |PROPOSED| Silll-PUImAr'PE-D-CONFIDENTIALITY ORDER Case N0. 20CV373 1 38