1 THOMAS J. DALY, CA Bar No. 119684 [email protected] 2 ART HASAN, CA Bar No. 167323 [email protected] 3 LEWIS ROCA ROTHGERBER CHRISTIE LLP 655 N. Central Avenue, Suite 2300 4 Glendale, California 91203-1445 Telephone: (626) 795-9900 5 Facsimile: (626) 577-8800

6 SIHO “SCOTT” YOO, CA Bar No. 311202 [email protected] 7 LEWIS ROCA ROTHGERBER CHRISTIE LLP 203 Redwood Shores Parkway, Suite 670 8 Redwood City, California 94065 Telephone: (650) 391-1380 9 Facsimile: (650) 391-1395 Attorneys for Plaintiff and Counterclaim Defendant 10 OKYN HOLDINGS, INC. dba NYKO TECHNOLOGIES 11 DANIEL YANNUZZI, Cal. Bar No. 196612 [email protected] 12 DOMINIQUE COMBS, Cal. Bar No. 299742 [email protected] 13 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP 12275 El Camino Real, Suite 100 14 San Diego, California 92130 Telephone: 858.720.8900 15 Facsimile: 858.509.3691

16 DARREN FRANKLIN, CA Bar No. 210939 [email protected] 17 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP 333 S. Hope Street, 43rd Floor 18 Los Angeles CA 90071 Telephone: 213.620.1780 19 Facsimile: 213.620.1398

20 JENNIFER KLEIN AYERS (pro hac vice) [email protected] 21 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP 2200 Ross Avenue, 20th Floor 22 Dallas, Texas 75201 Telephone: 469.391.7400 23 Facsimile: 469.391.7401 24 Attorneys for Defendant and Counterclaimant HORI (U.S.A.), Inc. 25

26 27 1 UNITED STATES DISTRICT COURT 2 CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION 3 OKYN HOLDINGS, INC. dba NYKO Case No. 2:21-cv-04796-AB(PDx) TECHNOLOGIES, 4 STIPULATED PROTECTIVE ORDER1 Plaintiff, 5 v. 6 HORI (U.S.A.), INC., 7 Defendant. 8 AND RELATED COUNTERCLAIMS. 9 10 1. A. PURPOSES AND LIMITATIONS 11 Discovery in this action is likely to involve production of confidential, 12 proprietary, or private information for which special protection from public 13 disclosure and from use for any purpose other than prosecuting this litigation may 14 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to 15 enter the following Stipulated Protective Order. The parties acknowledge that this 16 Order does not confer blanket protections on all disclosures or responses to 17 discovery and that the protection it affords from public disclosure and use extends 18 only to the limited information or items that are entitled to confidential treatment 19 under the applicable legal principles. 20 B. GOOD CAUSE STATEMENT 21 This action is likely to involve trade secrets, customer and pricing lists and 22 other valuable research, development, commercial, financial, technical and/or 23 proprietary information for which special protection from public disclosure and 24 from use for any purpose other than prosecution of this action is warranted. Such 25 confidential and proprietary materials and information consist of, among other 26

27 1 This Stipulated Protective Order is substantially based on the model protective 1 things, confidential business or financial information, information regarding 2 confidential business practices, or other confidential research, development, or 3 commercial information (including information implicating privacy rights of third 4 parties), information otherwise generally unavailable to the public, or which may be 5 privileged or otherwise protected from disclosure under state or federal statutes, 6 court rules, case decisions, or common law. Accordingly, to expedite the flow of 7 information, to facilitate the prompt resolution of disputes over confidentiality of 8 discovery materials, to adequately protect information the parties are entitled to keep 9 confidential, to ensure that the parties are permitted reasonable necessary uses of 10 such material in preparation for and in the conduct of trial, to address their handling 11 at the end of the litigation, and serve the ends of justice, a protective order for such 12 information is justified in this matter. It is the intent of the parties that information 13 will not be designated as confidential for tactical reasons and that nothing be so 14 designated without a good faith belief that it has been maintained in a confidential, 15 non-public manner, and there is good cause why it should not be part of the public 16 record of this case. 17 C. ACKNOWLEDGMENT OF PROCEDURE FOR FILING UNDER SEAL 18 The parties further acknowledge, as set forth in Section 13.3, below, that this 19 Stipulated Protective Order does not entitle them to file confidential information 20 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed 21 and the standards that will be applied when a party seeks permission from the court 22 to file material under seal. 23 There is a strong presumption that the public has a right of access to judicial 24 proceedings and records in civil cases. In connection with non-dispositive motions, 25 good cause must be shown to support a filing under seal. See Kamakana v. City and 26 County of Honolulu,

(9th Cir. 2006), Phillips v. Gen. Motors 27 Corp.,

, 1210-11 (9th Cir. 2002), Makar-Welbon v. Sony Electrics, 1 require good cause showing), and a specific showing of good cause or compelling 2 reasons with proper evidentiary support and legal justification, must be made with 3 respect to Protected Material that a party seeks to file under seal. The parties’ mere 4 designation of Disclosure or Discovery Material as CONFIDENTIAL or HIGHLY 5 CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY does not—without 6 the submission of competent evidence by declaration, establishing that the material 7 sought to be filed under seal qualifies as confidential, privileged, or otherwise 8 protectable—constitute good cause. 9 Further, if a party requests sealing related to a dispositive motion or trial, then 10 compelling reasons, not only good cause, for the sealing must be shown, and the 11 relief sought shall be narrowly tailored to serve the specific interest to be protected. 12 See Pintos v. Pacific Creditors Ass’n,

(9th Cir. 2010). For 13 each item or type of information, document, or thing sought to be filed or introduced 14 under seal in connection with a dispositive motion or trial, the party seeking 15 protection must articulate compelling reasons, supported by specific facts and legal 16 justification, for the requested sealing order. Again, competent evidence supporting 17 the application to file documents under seal must be provided by declaration. 18 Any document that is not confidential, privileged, or otherwise protectable in 19 its entirety will not be filed under seal if the confidential portions can be redacted. If 20 documents can be redacted, then a redacted version for public viewing, omitting 21 only the confidential, privileged, or otherwise protectable portions of the document, 22 shall be filed. Any application that seeks to file documents under seal in their 23 entirety should include an explanation of why redaction is not feasible. 24 2. DEFINITIONS 25 2.1 Action: this pending federal law suit. 26 2.2 Challenging Party: a Party or Non-Party that challenges the designation 27 of information or items under this Order. 1 2.3 “CONFIDENTIAL” Information or Items: information (regardless of 2 how it is generated, stored or maintained) or tangible things that qualify for 3 protection under Federal Rule of Civil Procedure 26(c), and as specified above in 4 the Good Cause Statement. 5 2.4 Designating Party: a Party or Non-Party that designates information or 6 items that it produces in disclosures or in responses to discovery as 7 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – OUTSIDE ATTORNEYS’ 8 EYES ONLY.” 9 2.5 Disclosure or Discovery Material: all items or information, regardless 10 of the medium or manner in which it is generated, stored, or maintained (including, 11 among other things, testimony, transcripts, and tangible things), that are produced or 12 generated in disclosures or responses to discovery in this matter. 13 2.6 Expert: a person with specialized knowledge or experience in a matter 14 pertinent to the litigation who has been retained by a Party or its counsel to serve as 15 an expert witness or as a consultant in this Action. 16 2.7 “HIGHLY CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES 17 ONLY” Information or Items: extremely sensitive “CONFIDENTIAL Information 18 or Items,” disclosure of which to another Party or Non-Party would create a 19 substantial risk of serious harm that could not be avoided by less restrictive means. 20 2.8 Non-Party: any natural person, partnership, corporation, association, or 21 other legal entity not named as a Party to this action. 22 2.9 Outside Counsel of Record: attorneys who are not employees of a party 23 to this Action but are retained to represent or advise a party to this Action and have 24 appeared in this Action on behalf of that party or are affiliated with a law firm which 25 has appeared on behalf of that party, and includes support staff. 26 2.10 Party: any party to this Action, including all of its officers, directors, 27 employees, consultants, retained experts, and Outside Counsel of Record (and their 1 2.11 Producing Party: a Party or Non-Party that produces Disclosure or 2 Discovery Material in this Action. 3 2.12 Professional Vendors: persons or entities that provide litigation support 4 services (e.g., photocopying, videotaping, translating, preparing exhibits or 5 demonstrations, and organizing, storing, or retrieving data in any form or medium) 6 and their employees and subcontractors. 7 2.13 Protected Material: any Disclosure or Discovery Material that is 8 designated as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – OUTSIDE 9 ATTORNEYS’ EYES ONLY.” 10 2.14 Receiving Party: a Party that receives Disclosure or Discovery Material 11 from a Producing Party. 12 3. SCOPE 13 The protections conferred by this Stipulation and Order cover not only 14 Protected Material (as defined above), but also (1) any information copied or 15 extracted from Protected Material; (2) all copies, excerpts, summaries, or 16 compilations of Protected Material; and (3) any testimony, conversations, or 17 presentations by Parties or their Outside Counsel of Record that might reveal 18 Protected Material. 19 Any use of Protected Material at trial shall be governed by the orders of the 20 trial judge. This Order does not govern the use of Protected Material at trial. 21 4. DURATION 22 FINAL DISPOSITION of the action is defined as the conclusion of any 23 appellate proceedings, or, if no appeal is taken, when the time for filing of an appeal 24 has run. Except as set forth below, the terms of this protective order apply through 25 FINAL DISPOSITION of the action. The parties may stipulate that they will be 26 contractually bound by the terms of this agreement beyond FINAL DISPOSITION, 27 but will have to file a separate action for enforcement of the agreement once all 1 Once a case proceeds to trial, information that was designated as 2 CONFIDENTIAL or “HIGHLY CONFIDENTIAL – OUTSIDE ATTORNEYS’ 3 EYES ONLY” or maintained pursuant to this protective order that is used or 4 introduced as an exhibit at trial becomes public and will be presumptively available 5 to all members of the public, including the press, unless compelling reasons 6 supported by specific factual findings to proceed otherwise are made to the trial 7 judge in advance of the trial. See Kamakana,

(distinguishing 8 “good cause” showing for sealing documents produced in discovery from 9 “compelling reasons” standard when merits-related documents are part of court 10 record). Accordingly, for such materials, the terms of this protective order do not 11 extend beyond the commencement of the trial. 12 5. DESIGNATING PROTECTED MATERIAL 13 5.1 Exercise of Restraint and Care in Designating Material for Protection. 14 Each Party or Non-Party that designates information or items for protection under 15 this Order must take care to limit any such designation to specific material that 16 qualifies under the appropriate standards. The Designating Party must designate for 17 protection only those parts of material, documents, items, or oral or written 18 communications that qualify so that other portions of the material, documents, 19 items, or communications for which protection is not warranted are not swept 20 unjustifiably within the ambit of this Order. 21 Mass, indiscriminate, or routinized designations are prohibited. Designations 22 that are shown to be clearly unjustified or that have been made for an improper 23 purpose (e.g., to unnecessarily encumber the case development process or to impose 24 unnecessary expenses and burdens on other parties) may expose the Designating 25 Party to sanctions. 26 If it comes to a Designating Party’s attention that information or items that it 27 designated for protection do not qualify for protection, that Designating Party must 1 5.2 Manner and Timing of Designations. Except as otherwise provided in 2 this Order (see, e.g., second paragraph of Section 5.2(a) below), or as otherwise 3 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 4 under this Order must be clearly so designated before the material is disclosed or 5 produced. 6 Designation in conformity with this Order requires: 7 (a) for information in documentary form (e.g., paper or electronic documents, 8 but excluding transcripts of depositions or other pretrial or trial proceedings), that 9 the Producing Party affix at a minimum, the legend “CONFIDENTIAL” or 10 “HIGHLY CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY”, to each 11 page that contains protected material. If only a portion or portions of the material on 12 a page qualifies for protection, the Producing Party also must clearly identify the 13 protected portion(s) (e.g., by making appropriate markings in the margins). 14 A Party or Non-Party that makes original documents available for inspection 15 need not designate them for protection until after the inspecting Party has indicated 16 which documents it would like copied and produced. During the inspection and 17 before the designation, all of the material made available for inspection shall be 18 deemed “HIGHLY CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY.” 19 After the inspecting Party has identified the documents it wants copied and 20 produced, the Producing Party must determine which documents, or portions 21 thereof, qualify for protection under this Order. Then, before producing the specified 22 documents, the Producing Party must affix the “CONFIDENTIAL” or “HIGHLY 23 CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY” designation to each 24 page that contains Protected Material. If only a portion or portions of the material on 25 a page qualifies for protection, the Producing Party also must clearly identify the 26 protected portion(s) (e.g., by making appropriate markings in the margins). 27 (b) for testimony given in depositions or in other proceedings that the 1 before the close of the deposition, hearing, or other proceeding, all protected 2 testimony and specify the level of protection being asserted. When it is impractical 3 to identify separately each portion of testimony that is entitled to protection and it 4 appears that substantial portions of the testimony may qualify for protection, the 5 Designating Party may invoke on the record (before the deposition, hearing, or other 6 proceeding is concluded) a right to have up to 21 days to identify the specific 7 portions of the testimony as to which protection is sought and to specify the level of 8 protection being asserted. Only those portions of the testimony that are appropriately 9 designated for protection within the 21 days shall be covered by the provisions of 10 this Stipulated Protective Order. Alternatively, a Designating Party may specify, at 11 the deposition or up to 21 days afterwards if that period is properly invoked, that the 12 entire transcript shall be treated as “CONFIDENTIAL” or “HIGHLY 13 CONFIDENTIAL– OUTSIDE ATTORNEYS’ EYES ONLY.” 14 (c) for information produced in some form other than documentary and for 15 any other tangible items, that the Producing Party affix in a prominent place on the 16 exterior of the container or containers in which the information is stored the legend 17 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – OUTSIDE ATTORNEYS’ 18 EYES ONLY.” If only a portion or portions of the information warrants protection, 19 the Producing Party, to the extent practicable, shall identify the protected portion(s) 20 and specify the level of protection being asserted. 21 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 22 failure to designate qualified information or items does not, standing alone, waive 23 the Designating Party’s right to secure protection under this Order for such material. 24 Upon timely correction of a designation, the Receiving Party must make reasonable 25 efforts to assure that the material is treated in accordance with the provisions of this 26 Order. 27 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 1 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 2 designation of confidentiality at any time that is consistent with the Court’s 3 Scheduling Order. 4 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 5 resolution process under Local Rule 37.1 et seq. 6 6.3 The burden of persuasion in any such challenge proceeding shall be on 7 the Designating Party. Frivolous challenges, and those made for an improper 8 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 9 parties) may expose the Challenging Party to sanctions. Unless the Designating 10 Party has waived or withdrawn the confidentiality designation, all parties shall 11 continue to afford the material in question the level of protection to which it is 12 entitled under the Producing Party’s designation until the Court rules on the 13 challenge. 14 7. ACCESS TO AND USE OF PROTECTED MATERIAL 15 7.1 Basic Principles. A Receiving Party may use Protected Material that is 16 disclosed or produced by another Party or by a Non-Party in connection with this 17 Action only for prosecuting, defending, or attempting to settle this Action. Such 18 Protected Material may be disclosed only to the categories of persons and under the 19 conditions described in this Order. When the Action has been terminated, a 20 Receiving Party must comply with the provisions of Section 14 below (FINAL 21 DISPOSITION). 22 Protected Material must be stored and maintained by a Receiving Party at a 23 location and in a secure manner that ensures that access is limited to the persons 24 authorized under this Order. 25 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 26 otherwise ordered by the court or permitted in writing by the Designating Party, a 27 Receiving Party may disclose any information or item designated 1 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well 2 as employees of said Outside Counsel of Record to whom it is reasonably necessary 3 to disclose the information for this Action; 4 (b) the officers, directors, and employees (including in-house attorneys) of 5 the Receiving Party to whom disclosure is reasonably necessary for this Action; 6 (c) Experts (as defined in this Order) of the Receiving Party to whom 7 disclosure is reasonably necessary for this Action and who have signed the 8 “Acknowledgment and Agreement to Be Bound” (Exhibit A); 9 (d) the court and its personnel; 10 (e) court reporters and their staff; 11 (f) professional jury or trial consultants, mock jurors, and Professional 12 Vendors to whom disclosure is reasonably necessary for this Action and who have 13 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 14 (g) the author or recipient of a document containing the information or a 15 custodian or other person who otherwise possessed or knew the information; 16 (h) during their depositions, witnesses, and attorneys for witnesses, in the 17 Action to whom disclosure is reasonably necessary provided: (1) the deposing party 18 requests that the witness sign the form attached as Exhibit 1 hereto; and (2) they will 19 not be permitted to keep any confidential information unless they sign the 20 “Acknowledgment and Agreement to Be Bound” (Exhibit A), unless otherwise 21 agreed by the Designating Party or ordered by the court. Pages of transcribed 22 deposition testimony or exhibits to depositions that reveal Protected Material may 23 be separately bound by the court reporter and may not be disclosed to anyone except 24 as permitted under this Stipulated Protective Order; and 25 (i) any mediator or settlement officer, and their supporting personnel, 26 mutually agreed upon by any of the parties engaged in settlement discussions. 27 7.3 Disclosure of “HIGHLY CONFIDENTIAL – OUTSIDE 1 the court or permitted in writing by the Designating Party, a Receiving Party may 2 disclose any information or item designated “HIGHLY CONFIDENTIAL – 3 OUTSIDE ATTORNEYS’ EYES ONLY” only to: 4 (a) the Receiving Party’s Outside Counsel of Record in this Action, as well 5 as employees of said Outside Counsel of Record to whom it is reasonably necessary 6 to disclose the information for this Action; 7 (b) Experts (as defined in this Order) of the Receiving Party (1) to whom 8 disclosure is reasonably necessary for this Action, (2) who have signed the 9 “Acknowledgment and Agreement to Be Bound” (Exhibit A), and (3) as to whom 10 the procedures set forth in Section 7.4, below, have been followed; 11 (c) the court and its personnel; 12 (d) court reporters and their staff; 13 (e) professional jury or trial consultants, mock jurors, and Professional 14 Vendors to whom disclosure is reasonably necessary for this Action and who have 15 signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A); 16 (f) the author or recipient of a document containing the information or a 17 custodian or other person who otherwise possessed or knew the information; and 18 (g) any mediator or settlement officer, and their supporting personnel, 19 mutually agreed upon by any of the parties engaged in settlement discussions. 20 7.4 Procedures for Approving or Objecting to Disclosure of “HIGHLY 21 CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY” Information or 22 Items. 23 (a) Unless otherwise ordered by the court or agreed to in writing by the 24 Designating Party, a Receiving Party that seeks to disclose to an Expert any 25 information or item that has been designated “HIGHLY CONFIDENTIAL – 26 OUTSIDE ATTORNEYS’ EYES ONLY” pursuant to Section 7.3(b) first must 27 make a written request to the Designating Party that (1) identifies the general 1 ONLY” information that the Receiving Party seeks permission to disclose to the 2 Expert, (2) sets forth the full name of the Expert and the city and state of his or her 3 primary residence, (3) attaches a copy of the Expert’s current resume, (4) identifies 4 the Expert’s current employer(s), (5) identifies each person or entity from whom the 5 Expert has received compensation or funding for work in his or her areas of 6 expertise or to whom the Expert has provided professional services, including in 7 connection with a litigation, at any time during the preceding five years, and (6) 8 identifies (by name and number of the case, filing date, and location of court) any 9 litigation in connection with which the Expert has offered expert testimony, 10 including through a declaration, report, or testimony at a deposition or trial, during 11 the preceding five years. 12 (b) A Receiving Party that makes a request and provides the information 13 specified in the preceding respective paragraph may disclose the subjected Protected 14 Material to the identified Expert unless, within 14 days of delivering the request, the 15 Receiving Party receives a written objection from the Designating Party. Any such 16 objection must set forth in detail the grounds on which it is based. 17 (c) A Receiving Party that receives a timely written objection must meet 18 and confer with the Designating Party (through direct voice to voice dialogue) to try 19 to resolve the matter by agreement within seven days of the written objection. If no 20 agreement is reached, the Receiving Party seeking to make the disclosure to the 21 Expert may file a motion seeking permission from the court to do so. Any such 22 motion must describe the circumstances with specificity, set forth in detail the 23 reasons why the disclosure to the Expert is reasonably necessary, assess the risk of 24 harm that the disclosure would entail, and suggest any additional means that could 25 be used to reduce that risk. In addition, any such motion must be accompanied by a 26 competent declaration describing the parties’ efforts to resolve the matter by 27 agreement (i.e., the extent and content of the meet and confer discussions) and 1 the disclosure. In any such proceeding, the Designating Party opposing disclosure to 2 the Expert shall bear the burden of proving that the risk of harm that the disclosure 3 would entail (under the safeguards proposed) outweighs the Receiving Party’s need 4 to disclose the Protected Material to its Expert. 5 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 6 IN OTHER LITIGATION 7 If a Party is served with a subpoena or a court order issued in other litigation 8 that compels disclosure of any information or items designated in this Action as 9 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – OUTSIDE ATTORNEYS’ 10 EYES ONLY,” that Party must: 11 (a) promptly notify in writing the Designating Party. Such notification 12 shall include a copy of the subpoena or court order; 13 (b) promptly notify in writing the party who caused the subpoena or order 14 to issue in the other litigation that some or all of the material covered by the 15 subpoena or order is subject to this Protective Order. Such notification shall include 16 a copy of this Stipulated Protective Order; and 17 (c) cooperate with respect to all reasonable procedures sought to be 18 pursued by the Designating Party whose Protected Material may be affected. 19 If the Designating Party timely seeks a protective order, the Party served with 20 the subpoena or court order shall not produce any information designated in this 21 action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – OUTSIDE 22 ATTORNEYS’ EYES ONLY” before a determination by the court from which the 23 subpoena or order issued, unless the Party has obtained the Designating Party’s 24 permission. The Designating Party shall bear the burden and expense of seeking 25 protection in that court of its confidential material and nothing in these provisions 26 should be construed as authorizing or encouraging a Receiving Party in this Action 27 to disobey a lawful directive from another court. 1 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 2 PRODUCED IN THIS LITIGATION 3 (a) The terms of this Order are applicable to information produced by a 4 Non-Party in this Action and designated as “CONFIDENTIAL” or “HIGHLY 5 CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY.” Such information 6 produced by Non-Parties in connection with this litigation is protected by the 7 remedies and relief provided by this Order. Nothing in these provisions should be 8 construed as prohibiting a Non-Party from seeking additional protections. 9 (b) In the event that a Party is required, by a valid discovery request, to 10 produce a Non-Party’s confidential information in its possession, and the Party is 11 subject to an agreement with the Non-Party not to produce the Non-Party’s 12 confidential information, then the Party shall: 13 (1) promptly notify in writing the Requesting Party and the Non- 14 Party that some or all of the information requested is subject to a confidentiality 15 agreement with a Non-Party; 16 (2) promptly provide the Non-Party with a copy of the Stipulated 17 Protective Order in this Action, the relevant discovery request(s), and a reasonably 18 specific description of the information requested; and 19 (3) make the information requested available for inspection by the 20 Non-Party, if requested. 21 (c) If the Non-Party fails to seek a protective order from this court within 22 14 days of receiving the notice and accompanying information, the Receiving Party 23 may produce the Non-Party’s confidential information responsive to the discovery 24 request. If the Non-Party timely seeks a protective order, the Receiving Party shall 25 not produce any information in its possession or control that is subject to the 26 confidentiality agreement with the Non-Party before a determination by the court. 27 Absent a court order to the contrary, the Non-Party shall bear the burden and 1 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 2 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 3 Protected Material to any person or in any circumstance not authorized under this 4 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 5 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 6 to retrieve all unauthorized copies of the Protected Material, (c) inform the person or 7 persons to whom unauthorized disclosures were made of all the terms of this Order, 8 and (d) request such person or persons to execute the “Acknowledgment and 9 Agreement to Be Bound” that is attached hereto as Exhibit A. 10 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 11 PROTECTED MATERIAL 12 The inadvertent production by a Party of Discovery Material subject to the 13 attorney-client privilege, work-product immunity, or other privilege or immunity 14 shall not operate as a waiver of any such privilege or immunity if, after recognizing 15 that privileged information has been produced or disclosed, the Producing Party who 16 made the inadvertent production or disclosure sends to each Receiving Party a 17 written request for return of the inadvertently produced or disclosed document or 18 thing within a reasonably prompt period of time. The written request shall provide to 19 the Receiving Party for each such document or thing a description of the basis for 20 the claim of privilege or immunity. Within seven (7) business days of receiving such 21 a request, the Receiving Party shall (a) return to the Producing Party all such 22 documents and things identified by the Producing Party as being protected by the 23 attorney-client privilege, work-product immunity, or other privilege or immunity 24 and as having been inadvertently produced, and (b) delete any electronic records 25 thereof (with the exception of back-up tapes or other archival media, which should 26 be treated in accordance with standard retention policies). The Receiving Party 27 shall not utilize the information contained in the inadvertently produced documents 1 or things for any purpose, or disseminate or transmit such information, except as 2 provided in subsection (a) below. 3 (a) If the Receiving Party wishes to contest that any such document or 4 thing is protected by attorney-client privilege, work-product immunity, or other 5 privilege or immunity, the Receiving Party shall so notify the Producing Party in 6 writing when the document or thing is returned to the Producing Party (“Notice of 7 Disputed Designation”). The Receiving Party may retain one (1) copy of the 8 document(s) or thing(s) at issue for the purposes of filing a motion to contest the 9 designation. The copy retained by the Receiving Party must be sequestered, and 10 may not be used for any purpose except to present the information to the Court for a 11 determination of the claim of privilege. 12 (b) Any letter or motion filed pursuant to this Section shall be filed under 13 seal in accordance with the procedures set forth herein or in the Local Rules for 14 filing Protected Material with the Court. If the Court rejects the Receiving Party’s 15 challenge to the privileged status of the inadvertent production, the one (1) copy, if 16 any, retained by the Receiving Party as set forth in subparagraph (a) of this Section 17 11 shall be immediately returned to the Producing Party. 18 (c) If the Receiving Party generated documents or things which contain 19 information derived from such inadvertently produced documents and things, the 20 Receiving Party shall make reasonable efforts to either destroy the derivative 21 documents and things or redact from them all such derivative privilege or work- 22 product information in a manner such that the derivative information cannot in any 23 way be retrieved or reproduced once any challenge relating to the privileged status 24 of the inadvertent production is resolved. 25 (d) The procedures set forth in this Section 11 for challenging the 26 privileged status of an inadvertent production shall not result in any waiver of the 27 attorney-client privilege, the work product immunity, or any other privilege or 1 product immunity, or any other privilege or immunity for an inadvertent disclosure 2 or production if the Producing Party complies with the procedures set forth in this 3 Section 11 with respect to such inadvertent disclosure or production. 4 Nothing herein is intended to alter any attorney’s obligation to abide by any 5 applicable rules of professional responsibility relating to the inadvertent disclosure 6 of privileged information. 7 12. PROSECUTION BAR 8 Absent written consent from the Designating Party, any individual who 9 receives access to “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” 10 information shall not be involved in the prosecution of patents or patent applications 11 relating to the field of the invention of the patents-in-suit, including without 12 limitation the patents asserted in this action and any patent or application claiming 13 priority to or otherwise related to the patents asserted in this action, before any 14 foreign or domestic agency, including the United States Patent and Trademark 15 Office (“the Patent Office”). For purposes of this paragraph, “prosecution” includes 16 directly or indirectly drafting, amending, advising, or otherwise affecting the scope 17 or maintenance of patent claims.2 To avoid any doubt, “prosecution” as used in this 18 paragraph does not include representing a party challenging a patent before a 19 domestic or foreign agency (including, but not limited to, a reissue protest, ex parte 20 reexamination or inter partes reexamination). This Prosecution Bar shall begin when 21 access to “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” 22 information is first received by the affected individual and shall end two (2) years 23 after final termination of this action. 24 13. MISCELLANEOUS 25 13.1 Right to Further Relief. Nothing in this Order abridges the right of any 26 person to seek its modification by the Court in the future.

27 2 Prosecution includes, for example, original prosecution, reissue and reexamination 1 13.2 Right to Assert Other Objections. By stipulating to the entry of this 2 Protective Order no Party waives any right it otherwise would have to object to 3 disclosing or producing any information or item on any ground not addressed in this 4 Stipulated Protective Order. Similarly, no Party waives any right to object on any 5 ground to use in evidence of any of the material covered by this Protective Order. 6 13.3 Filing and Use of Protected Material in Court. 7 A Party that seeks to file under seal any Protected Material must comply with 8 Civil Local Rule 79-5, including Civil Local Rule 79-5.2.2(b). Protected Material 9 may only be filed under seal pursuant to a court order authorizing the sealing of the 10 specific Protected Material at issue. If a Party's request to file Protected Material 11 under seal is denied by the court, then the Receiving Party may file the information 12 in the public record unless otherwise instructed by the court. 13 Absent written permission from the Producing Party or a court order secured 14 after appropriate notice to all interested persons, a Receiving Party may not file in 15 the public record any Protected Material unless a request to file the Protected 16 Material under seal has been denied by the court. 17 Where Protected Material is used at a hearing, the Party seeking to use the 18 Protected Material must notify the Court and counsel for the Producing Party before 19 the information is disclosed to ensure the Producing Party has an opportunity to 20 object to the public disclosure of such information. The Parties shall meet and 21 confer prior to trial to discuss procedures for maintaining the confidentiality of 22 Protected Material during trial. 23 14. FINAL DISPOSITION 24 After the final disposition of this Action, as defined in Section 4, within 60 25 days of a written request by the Designating Party, each Receiving Party must return 26 all Protected Material to the Producing Party or destroy such material. As used in 27 this subdivision, “all Protected Material” includes all copies, abstracts, compilations, 1 || Material. Whether the Protected Material is returned or destroyed, the Receiving 2 || Party must submit a written certification to the Producing Party (and, if not the same 3 || person or entity, to the Designating Party) by the 60 day deadline that (1) identifies 4||(by category, where appropriate) all the Protected Material that was returned or 5||destroyed and (2)affirms that the Receiving Party has not retained any copies, 6 || abstracts, compilations, summaries or any other format reproducing or capturing any 7\|of the Protected Material. Notwithstanding this provision, Outside Counsel of 8 || Record are entitled to retain an archival copy of all pleadings, motion papers, trial, 9 ||deposition, and hearing transcripts, legal memoranda, correspondence, deposition 10 || and trial exhibits, expert reports, attorney work product, and consultant and expert 11 || work product, even if such materials contain Protected Material. Any such archival 12 || copies that contain or constitute Protected Material remain subject to this Protective 13 || Order as set forth in Section 4 (DURATION). 14]}15. Any violation of this Order may be punished by any and all appropriate 15 ||measures including, without limitation, contempt proceedings and/or monetary 16 || sanctions. || IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 18 |] DATED: November 19, 2021 19 /s/ Siho “Scott” Yoo 20 || Attorneys for Plaintiff 71 DATED: November 19, 2021 /s/ Jennifer Klein Ayers Attorneys for Defendant FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. 26 || DATED: November 22, 2021 07 altura hJonatoe_ 2 || Patricia Donahue, United States Magistrate Judge

1 EXHIBIT A ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 2 3 I, ________________________ [print or type full name], of 4 _________________ [print or type full address], declare under penalty of perjury 5 that I have read in its entirety and understand the Stipulated Protective Order that 6 was issued by the United States District Court for the Central District of 7 California on [date] in the case of OKYN HOLDINGS, INC. dba NYKO 8 Technologies v. HORI (U.S.A.), INC., Case No. 2:21-cv-04796-AB-PD. I agree to 9 comply with and to be bound by all the terms of this Stipulated Protective Order 10 and I understand and acknowledge that failure to so comply could expose me to 11 sanctions and punishment in the nature of contempt. I solemnly promise that I 12 will not disclose in any manner any information or item that is subject to this 13 Stipulated Protective Order to any person or entity except in strict compliance 14 with the provisions of this Order. I further agree to submit to the jurisdiction of 15 the United States District Court for the Central District of California for the 16 purpose of enforcing the terms of this Stipulated Protective Order, even if such 17 enforcement proceedings occur after termination of this action. I hereby appoint 18 ________________________ [print or type full name] of _________ [print or 19 type full address and telephone number] as my California agent for service of 20 process in connection with this action or any proceedings related to enforcement 21 of this Stipulated Protective Order. 22 23 Date: __________________________ 24 City and State where sworn and signed: _____________________________ 25 Printed name: ____________________________________ 26 27 Signature: ________________________________