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ACI Worldwide Corp. v. Mastercard Technologies, LLC

United States District Court, D. Nebraska

March 23, 2016

ACI WORLDWIDE CORP., Plaintiff,
v.
MASTERCARD TECHNOLOGIES, LLC and MASTERCARD INTERNATIONAL INCORPORATED, Defendants.

PROTECTIVE ORDER FOR SOURCE CODE

F.A. Gossett United States Magistrate Judge

This matter comes before the court on the parties’ Joint Motion for Source Code Protective Order (Filing No. 331).

WHEREAS, The Court entered a Protective Order on February 25, 2015 (Filing No. 123, “Court’s Protective Order”) governing the production of Designated Materials in this Litigation.[1]

WHEREAS, discovery in the above-entitled Litigation will involve the production of Source Code (as defined herein).

WHEREAS, the Parties wish to amend and supplement the Court’s Protective Order to provide specific protections for the production and review of highly valuable and highly confidential source code.

NOW, THEREFORE, HAVING BEEN STIPULATED AND AGREED by and among the Parties, through their respective counsel, subject to the approval of the Court, the Parties request that the following Protective Order for Source Code be entered pursuant to Federal Rule of Civil Procedure 26(c).

IT IS HEREBY ORDERED THAT:

The parties’ Joint Motion for Source Code Protective Order (Filing No. 331) is granted. The Court’s Protective Order (Filing No. 123) is amended to include the following provisions governing the production of source code. Except to the extent specifically modified herein, the provisions of the Court’s Protective Order remain in full force and effect.

I. Information Subject to This Order

As used herein, “Source Code” means computer code and associated comments and revision histories, formulas, engineering specifications, or schematics that define or otherwise describe in detail the algorithms or structure of software or hardware designs, disclosure of which to another Party or Non-Party would create a substantial risk of serious harm that could not be avoided by less restrictive means. The “HIGHLY CONFIDENTIAL - SOURCE CODE” designation (as defined herein) is reserved for Source Code. The foregoing designation shall only apply to productions that occur after the date of the entry of this Order. That is, with respect to certain highly confidential materials that have already been produced in this action (e.g., ACI Worldwide’s XPNET manuals and guides, the PAK’d Edit Files containing MDS code snippets (MT0074900 and MT0074901), and the nearly 800 pages of MDS source code that MasterCard has already produced in this action (MT0065914-66683)), the designation provided for in this source code protective order shall not apply, and such productions shall be governed by the Court’s Protective Order found at Filing No. 123.

II. Protections for the Parties’ Source Code

(a) To the extent that it is necessary for a Party to this Litigation to produce its Source Code (including without limitation the Source Code for XPNET or the MasterCard Debit Switch), the Producing Party may designate such Source Code as “HIGHLY CONFIDENTIAL - SOURCE CODE, ” if it compromises or includes confidential, proprietary, or trade secret source code.[2]

(b) Access to Designated Material marked “HIGHLY CONFIDENTIAL - SOURCE CODE” shall be limited (absent the express written consent of the Producing Party or Court order) to the following:

(i) Outside counsel of record for the parties to this action, including any attorneys, paralegals, technology specialists and clerical ...

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