1 UNITED STATES DISTRICT COURT 2 CENTRAL DISTRICT OF CALIFORNIA 3 SOFTWARE TISSUE 4 REGENERATION TECHNOLOGIES,

DISCOVERY MATTER

LLC,

5 No. 2:22-cv-07810-MCS-RAO 6 Plaintiff,

STIPULATED PROTECTIVE

7 vs. ORDER

8

DR. HAR HARI S. KHALSA, DC,

9 D/B/A TRANSFORMATIONAL Assigned to Hon. Mark C. Scarsi

HEALING UNIVERSE, AN

10 Courtroom 7C, 7th Floor

INDIVIDUAL; THOMAS

11 KOSTOPOULOS, AN INDIVIDUAL; Complaint Filed: October 26, 2022 12 AND KOSTOPOULOS Trial Date: TBD

INVESTMENT HOLDINGS, LLC

13 D/B/A STEMWAVE, A DELAWARE

LIMITED LIABILITY COMPANY

14 15 Defendants.

16 Pursuant to Local Civil Rule 37, Plaintiff SoftWave Tissue Regeneration 17 Technologies, LLC (“Plaintiff”) and Defendants Dr. Har Hari S. Khalsa, DC d/b/a 18 Transformational Healing Universe, Thomas Kostopoulos, Kostopoulos Investment 19 Holdings, LLC d/b/a Stemwave (“Defendants”) (collectively, the “Parties”), in the 20 above-captioned matter, through their counsel of record, hereby submit this 21 stipulated protective order and stipulate and agree as follows: 22 1. INITIAL MATTERS 23 1.1 Purposes and Limitations 24 Discovery in this action is likely to involve production of confidential, 25 proprietary, or private information for which special protection from public 26 disclosure and from use for any purpose other than prosecuting this litigation may 27 1 be warranted. Accordingly, the parties hereby stipulate to and petition the Court to 2 enter the following Stipulated Protective Order. The parties acknowledge that this 3 Order does not confer blanket protections on all disclosures or responses to 4 discovery and that the protection it affords from public disclosure and use extends 5 only to the limited information or items that are entitled to confidential treatment 6 under the applicable legal principles. The parties further acknowledge, as set forth 7 in Section 12.3, below, that this Stipulated Protective Order does not entitle them to 8 file confidential information under seal; Civil Local Rule 79-5 sets forth the 9 procedures that must be followed and the standards that will be applied when a party 10 seeks permission from the court to file material under seal. 11 1.2. Good Cause Statement 12 This action is likely to involve trade secrets, customer and pricing lists and 13 other valuable research, development, commercial, financial, technical and/or 14 proprietary information for which special protection from public disclosure and from 15 use for any purpose other than prosecution of this action is warranted. Such 16 confidential and proprietary materials and information consist of, among other 17 things, confidential business or financial information, information regarding 18 confidential business practices, or other confidential research, development, or 19 commercial information (including information implicating privacy rights of third 20 parties), information otherwise generally unavailable to the public, or which may be 21 privileged or otherwise protected from disclosure under state or federal statutes, 22 court rules, case decisions, or common law. Accordingly, to expedite the flow of 23 information, to facilitate the prompt resolution of disputes over confidentiality of 24 discovery materials, to adequately protect information the parties are entitled to keep 25 confidential, to ensure that the parties are permitted reasonable necessary uses of 26 such material in preparation for and in the conduct of trial, to address their handling 27 at the end of the litigation, and serve the ends of justice, a protective order for such 1 information is justified in this matter. It is the intent of the parties that information 2 will not be designated as confidential for tactical reasons and that nothing be so 3 designated without a good faith belief that it has been maintained in a confidential, 4 non-public manner, and there is good cause why it should not be part of the public 5 record of this case. 6 1.3 Acknowledgement of Procedure for Filing Under Seal 7 The parties further acknowledge, as set forth in Section 12.3, below, that this 8 Stipulated Protective Order does not entitle them to file confidential information 9 under seal; Local Civil Rule 79-5 sets forth the procedures that must be followed 10 and the standards that will be applied when a party seeks permission from the court 11 to file material under seal. 12 There is a strong presumption that the public has a right of access to judicial 13 proceedings and records in civil cases. In connection with non-dispositive motions, 14 good cause must be shown to support a filing under seal. See Kamakana v. City and 15 County of Honolulu, 447 F.3d 1172, 1176 (9th Cir. 2006); Phillips v. Gen. Motors 16 Corp., 307 F.3d 1206, 1210-11 (9th Cir. 2002); Makar-Welbon v. Sony Electrics, 17 Inc., 187 F.R.D. 576, 577 (E.D. Wis. 1999) (even stipulated protective orders require 18 good cause showing), and a specific showing of good cause or compelling reasons 19 with proper evidentiary support and legal justification, must be made with respect to 20 Protected Material that a party seeks to file under seal. The parties’ mere designation 21 of Disclosure or Discovery Material as “CONFIDENTIAL” or “HIGHLY 22 CONFIDENTIAL – ATTORNEYS’ EYES ONLY” does not—without the 23 submission of competent evidence by declaration, establishing that the material 24 sought to be filed under seal qualifies as confidential, privileged, or otherwise 25 protectable—constitute good cause. 26 Further, if a party requests sealing related to a dispositive motion or trial, then 27 compelling reasons, not only good cause, for the sealing must be shown, and the 1 relief sought shall be narrowly tailored to serve the specific interest to be protected. 2 See Pintos v. Pacific Creditors Ass’n, 605 F.3d 665, 677-79 (9th Cir. 2010). For 3 each item or type of information, document, or thing sought to be filed or introduced 4 under seal in connection with a dispositive motion or trial, the party seeking 5 protection must articulate compelling reasons, supported by specific facts and legal 6 justification, for the requested sealing order. Again, competent evidence supporting 7 the application to file documents under seal must be provided by declaration. 8 Any document that is not confidential, privileged, or otherwise protectable in 9 its entirety will not be filed under seal if the confidential portions can be redacted. 10 If documents can be redacted, then a redacted version for public viewing, omitting 11 only the confidential, privileged, or otherwise protectable portions of the document 12 shall be filed. Any application that seeks to file documents under seal in their 13 entirety should include an explanation of why redaction is not feasible. 14 2. DEFINITIONS 15 2.1 Action: SoftWave Tissue Regeneration Technologies, LLC v. Dr. Har 16 Hari S. Khalsa et al., Case No. 22-cv-07810-MCS-RAO (C.D. Cal. 2022). 17 2.2 Challenging Party: a Party or Non-Party that challenges the designation 18 of information or items under this Order. 19 2.3 “CONFIDENTIAL” Information or Items: information (regardless of 20 how it is generated, stored or maintained) or tangible things that qualify for 21 protection under Federal Rule of Civil Procedure 26(c), and as specified above in 22 the Good Cause Statement. 23 2.4 “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY” 24 Information or Items: Highly sensitive confidential information or items that 25 contains sensitive financial, technical, research and development, business strategy, 26 or other competitive information that the designating party believes, in good faith, 27 could cause it to suffer competitive harm if known by entities or persons who would 1 otherwise have access to it under this Order. 2 2.5 Counsel: Outside Counsel of Record and House Counsel (as well as 3 their support staff). 4 2.6 Designating Party: a Party or Non-Party that designates information or 5 items that it produces in disclosures or in responses to discovery as 6 “CONFIDENTIAL” or as “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 7 ONLY.” 8 2.7 Disclosure or Discovery Material: all items or information, regardless 9 of the medium or manner in which they are generated, stored, or maintained 10 (including, among other things, testimony, transcripts, and tangible things), that are 11 produced or generated in disclosures or responses to discovery in this matter. 12 2.8 Expert: a person with specialized knowledge or experience in a matter 13 pertinent to the litigation who has been retained by a Party or its counsel to serve as 14 an expert witness or as a consultant in this Action. 15 2.9 Georgia Action: SoftWave Tissue Regeneration Technologies, LLC v. 16 Thomas Kostopoulos, et al, Case No. 22-cv-03392-SCJ (N.D. Ga. 2022). 17 2.10 House Counsel: attorneys who are employees of a party to this Action. 18 House Counsel does not include Outside Counsel of Record or any other outside 19 counsel. 20 2.11 Non-Party: any natural person, partnership, corporation, association, 21 or other legal entity not named as a Party to this action. 22 2.12 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, including support staff. 26 2.13 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 support staffs). 2 2.14 Producing Party: a Party or Non-Party that produces Disclosure or 3 Discovery Material in this Action. 4 2.15 Professional Vendors: persons or entities that provide litigation support 5 services (e.g., photocopying, videotaping, translating, preparing exhibits or 6 demonstrations, and organizing, storing, or retrieving data in any form or medium) 7 and their employees and subcontractors. 8 2.16 Protected Material: any Disclosure or Discovery Material that is 9 designated as “CONFIDENTIAL” or as “HIGHLY CONFIDENTIAL – 10 ATTORNEYS’ EYES ONLY.” 11 2.17 Receiving Party: a Party that receives Disclosure or Discovery 12 Material from a Producing Party. 13 3. SCOPE 14 The protections conferred by this Stipulation and Order cover not only 15 Protected Material (as defined above), but also (1) any information copied or 16 extracted from Protected Material; (2) all copies, excerpts, summaries, or 17 compilations of Protected Material; and (3) any testimony, conversations, or 18 presentations by Parties or their Counsel that might reveal 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 Even after final disposition of this litigation, the confidentiality obligations 23 imposed by this Order shall remain in effect until a Designating Party agrees 24 otherwise in writing or a court order otherwise directs. Final disposition shall be 25 deemed to be the later of (1) dismissal of all claims and defenses in this Action, with 26 or without prejudice; and (2) final judgment herein after the completion and 27 exhaustion of all appeals, rehearings, remands, trials, or reviews of this Action, 1 including the time limits for filing any motions or applications for extension of time 2 pursuant to applicable law. 3 5. DESIGNATING PROTECTED MATERIAL 4 5.1 Exercise of Restraint and Care in Designating Material for Protection. 5 Each Party or Non-Party that designates information or items for protection under 6 this Order must take care to limit any such designation to specific material that 7 qualifies under the appropriate standards. The Designating Party must designate for 8 protection only those parts of material, documents, items, or oral or written 9 communications that qualify so that other portions of the material, documents, items, 10 or communications for which protection is not warranted are not swept unjustifiably 11 within the ambit of this Order. 12 Mass, indiscriminate, or routinized designations are prohibited. Designations 13 that are shown to be clearly unjustified or that have been made for an improper 14 purpose (e.g., to unnecessarily encumber the case development process or to impose 15 unnecessary expenses and burdens on other parties) may expose the Designating 16 Party to sanctions. 17 If it comes to a Designating Party’s attention that information or items that it 18 designated for protection do not qualify for protection, that Designating Party must 19 promptly notify all other Parties that it is withdrawing the inapplicable designation. 20 5.2 Manner and Timing of Designations. Except as otherwise provided in 21 this Order (see, e.g., second paragraph of Section 5.2(a) below), or as otherwise 22 stipulated or ordered, Disclosure or Discovery Material that qualifies for protection 23 under this Order must be clearly so designated before the material is disclosed or 24 produced. 25 Designation in conformity with this Order requires: 26 5.2.1 for information in documentary form (e.g., paper or electronic 27 documents, but excluding transcripts of depositions or other pretrial or trial 1 proceedings), that the Producing Party affix at a minimum, the legend 2 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ 3 EYES ONLY” (hereinafter, “Legend”), to each page that contains protected 4 material. If only a portion or portions of the material on a page qualifies for 5 protection, the Producing Party also must clearly identify the protected 6 portion(s) (e.g., by making appropriate markings in the margins). 7 A Party or Non-Party that makes original documents available for 8 inspection need not designate them for protection until after the inspecting 9 Party has indicated which documents it would like copied and produced. 10 During the inspection and before the designation, all of the material made 11 available for inspection shall be deemed “HIGHLY CONFIDENTIAL – 12 ATTORNEYS’ EYES ONLY.” After the inspecting Party has identified the 13 documents it wants copied and produced, the Producing Party must determine 14 which documents, or portions thereof, qualify for protection under this Order. 15 Then, before producing the specified documents, the Producing Party must 16 affix the appropriate Legend to each page that contains Protected Material. If 17 only a portion or portions of the material on a page qualifies for protection, 18 the Producing Party also must clearly identify the protected portion(s) (e.g., 19 by making appropriate markings in the margins). 20 5.2.2 for testimony given in depositions that the Designating Party 21 identify the Disclosure or Discovery Material on the record, before the close 22 of the deposition all protected testimony. 23 5.2.3 for information produced in some form other than documentary 24 and for any other tangible items, that the Producing Party affix in a prominent 25 place on the exterior of the container or containers in which the information 26 is stored the CONFIDENTIAL LEGEND. If only a portion or portions of the 27 information warrants protection, the Producing Party, to the extent 1 practicable, shall identify the protected portion(s). 2 5.3 Inadvertent Failures to Designate. If timely corrected, an inadvertent 3 failure to designate qualified information or items does not, standing alone, waive 4 the Designating Party’s right to secure protection under this Order for such material. 5 Upon timely correction of a designation, the Receiving Party must make reasonable 6 efforts to assure that the material is treated in accordance with the provisions of this 7 Order. 8 6. CHALLENGING CONFIDENTIALITY DESIGNATIONS 9 6.1 Timing of Challenges. Any Party or Non-Party may challenge a 10 designation of confidentiality at any time that is consistent with the Court’s 11 Scheduling Order. 12 6.2 Meet and Confer. The Challenging Party shall initiate the dispute 13 resolution process under Local Rule 37-1 et seq. 14 6.3 The burden of persuasion in any such challenge proceeding shall be on 15 the Designating Party. Frivolous challenges, and those made for an improper 16 purpose (e.g., to harass or impose unnecessary expenses and burdens on other 17 parties) may expose the Challenging Party to sanctions. Similarly, frivolous 18 designations of documents as CONFIDENTIAL or HIGHLY CONFIDENTIAL – 19 ATTORNEYS’ EYES ONLY, as determined by the Court, may expose the 20 Designating Party to sanctions. Unless the Designating Party has waived or 21 withdrawn the confidentiality designation, all parties shall continue to afford the 22 material in question the level of protection to which it is entitled under the Producing 23 Party’s designation until the Court rules on the challenge. 24 7. ACCESS TO AND USE OF PROTECTED MATERIAL 25 7.1 Basic Principles. A Receiving Party may use Protected Material that is 26 disclosed or produced by another Party or by a Non-Party in connection with this 27 Action only for prosecuting, defending, or attempting to settle this Action. Such 1 Protected Material may be disclosed only to the categories of persons and under the 2 conditions described in this Order. When the Action has been terminated, a 3 Receiving Party must comply with the provisions of Section 13 below (FINAL 4 DISPOSITION). 5 Protected Material must be stored and maintained by a Receiving Party at a 6 location and in a secure manner that ensures that access is limited to the persons 7 authorized under this Order. 8 7.2 Disclosure of “CONFIDENTIAL” Information or Items. Unless 9 otherwise ordered by the court or permitted in writing by the Designating Party, a 10 Receiving Party may disclose any information or item designated 11 “CONFIDENTIAL” only to: 12 7.2.1 the Receiving Party’s Outside Counsel of Record in this Action, 13 as well as employees of said Outside Counsel of Record to whom it is 14 reasonably necessary to disclose the information for this Action; 15 7.2.2 one (1) officer, director, or employee (including House Counsel) 16 of the Receiving Party to whom disclosure is required for the disposition (e.g., 17 settlement) of this Action; 18 7.2.3 Experts (as defined in this Order) of the Receiving Party to whom 19 disclosure is reasonably necessary for this Action, provided that: (1) such 20 Experts are not presently employed by the Parties or an affiliate of a Party 21 hereto for purposes other than this Action and (2) before access is given, any 22 such Expert has signed the “Acknowledgment and Agreement to Be Bound” 23 (Exhibit A) and the same has been served upon the Producing Party, along 24 with (i) a current curriculum vitae of the Expert, (ii) a list of other cases in 25 which the Expert has provided a report or testified (at trial or deposition) and 26 (iii) a list of companies that the Expert has worked or consulted for in the field 27 of the invention of the patents-in-suit or the accused products in the last four 1 years and a brief description of the subject matter of such employment or 2 consultancy, at least ten (10) days before access to the Protected Material is 3 to be given to that Expert in order to allow the Producing Party to object to 4 and notify the Receiving Party in writing that it objects to the disclosure of 5 Protected Material to the Expert (“Notice”). The Parties agree to promptly 6 confer and use good faith to resolve any such objection. If the Parties are 7 unable to resolve any objection, the objecting Party may file a motion with 8 the Court within fifteen (15) days of receipt of the Notice of the Producing 9 Party’s objection, or within such other time as the Parties may agree, seeking a 10 protective order with respect to the proposed disclosure. The objecting Party 11 shall have the burden of proving the need for a protective order. No disclosure 12 shall occur until all such objections are resolved by agreement or Court order. 13 For the avoidance of doubt, no information designated as “CONFIDENTIAL” 14 or “HIGHLY CONFIDENTIAL—OUTSIDE ATTORNEYS’ EYES ONLY” 15 shall be shared with any person who is employed by or affiliated in any way 16 with the manufacturer of the Accused Device(s) or any component thereof, 17 including but not limited to Inceler Medikal SaSlik Hizmetleri Sanayi Ticaret 18 Ltd.; 19 7.2.4 the Court and its personnel; 20 7.2.5 Court reporters and their staff; 21 7.2.6 professional jury or trial consultants, mock jurors, and 22 Professional Vendors to whom disclosure is reasonably necessary for this 23 Action and who have signed the “Acknowledgment and Agreement to Be 24 Bound” (Exhibit A); 25 7.2.7 the author or recipient of a document containing the information 26 or a custodian or other person who otherwise possessed or knew the 27 information; 28 11 PROTECTIVE ORDER — Case No. 2:22-cv-07810-MCS-RAO

1 7.2.8 during their depositions, witnesses, and attorneys for witnesses, 2 in the Action to whom disclosure is reasonably necessary provided: (1) the 3 deposing party requests that the witness sign the form attached as Exhibit A 4 hereto; and (2) they will not be permitted to keep any confidential information 5 unless they sign the “Acknowledgment and Agreement to Be Bound” (Exhibit 6 A), unless otherwise agreed by the Designating Party or ordered by the court. 7 Pages of transcribed deposition testimony or exhibits to depositions that 8 reveal Protected Material may be separately bound by the court reporter and 9 may not be disclosed to anyone except as permitted under this Stipulated 10 Protective Order; and 11 7.2.9 any mediator or settlement officer, and their supporting 12 personnel, mutually agreed upon by any of the parties engaged in settlement 13 discussions. 14 For Protected Material designed “HIGHLY CONFIDENTIAL – ATTORNEYS’ 15 EYES ONLY,” access to, and disclosure of, such Protected Material shall be limited 16 to the individuals listed in Sections 7.2.1 and 7.2.3 – 7.2.9. 17 8. PROTECTED MATERIAL SUBPOENAED OR ORDERED PRODUCED 18 IN OTHER LITIGATION 19 If a Party is served with a subpoena or a court order issued in other litigation 20 that compels disclosure of any information or items designated in this Action as 21 “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES 22 ONLY,” that Party must: 23 8.1 promptly notify in writing the Designating Party. Such notification 24 shall include a copy of the subpoena or court order; 25 8.2 promptly notify in writing the party who caused the subpoena or order 26 to issue in the other litigation that some or all of the material covered by the subpoena 27 or order is subject to this Protective Order. Such notification shall include a copy of 1 this Stipulated Protective Order; and 2 8.3 cooperate with respect to all reasonable procedures sought to be 3 pursued by the Designating Party whose Protected Material may be affected. 4 8.4 If the Designating Party timely seeks a protective order, the Party 5 served with the subpoena or court order shall not produce any information 6 designated in this action as “CONFIDENTIAL” or “HIGHLY CONFIDENTIAL – 7 ATTORNEYS’ EYES ONLY” before a determination by the court from which the 8 subpoena or order issued, unless the Party has obtained the Designating Party’s 9 permission. The Designating Party shall bear the burden and expense of seeking 10 protection in that court of its confidential material and nothing in these provisions 11 should be construed as authorizing or encouraging a Receiving Party in this Action 12 to disobey a lawful directive from another court. 13 9. A NON-PARTY’S PROTECTED MATERIAL SOUGHT TO BE 14 PRODUCED IN THIS LITIGATION 15 9.1 The terms of this Order are applicable to information produced by a 16 Non-Party in this Action and designated as “CONFIDENTIAL.” Such information 17 produced by Non-Parties in connection with this litigation is protected by the 18 remedies and relief provided by this Order. Nothing in these provisions should be 19 construed as prohibiting a Non-Party from seeking additional protections. 20 9.2 In the event that a Party is required, by a valid discovery request, to 21 produce a Non-Party’s confidential information in its possession, and the Party is 22 subject to an agreement with the Non-Party not to produce the Non-Party’s 23 confidential information, then the Party shall: 24 9.2.1 promptly notify in writing the Requesting Party and the Non- 25 Party that some or all of the information requested is subject to a 26 confidentiality agreement with a Non-Party; 27 9.2.2 promptly provide the Non-Party with a copy of the Stipulated 1 Protective Order in this Action, the relevant discovery request(s), and a 2 reasonably specific description of the information requested; and 3 9.2.3 make the information requested available for inspection by the 4 Non-Party, if requested. 5 9.3 If the Non-Party fails to seek a protective order from this court within 6 14 days of receiving the notice and accompanying information, the Receiving Party 7 may produce the Non-Party’s confidential information responsive to the discovery 8 request. If the Non-Party timely seeks a protective order, the Receiving Party shall 9 not produce any information in its possession or control that is subject to the 10 confidentiality agreement with the Non-Party before a determination by the court. 11 Absent a court order to the contrary, the Non-Party shall bear the burden and expense 12 of seeking protection in this court of its Protected Material. 13 10. UNAUTHORIZED DISCLOSURE OF PROTECTED MATERIAL 14 If a Receiving Party learns that, by inadvertence or otherwise, it has disclosed 15 Protected Material to any person or in any circumstance not authorized under this 16 Stipulated Protective Order, the Receiving Party must immediately (a) notify in 17 writing the Designating Party of the unauthorized disclosures, (b) use its best efforts 18 to retrieve all unauthorized copies of the Protected Material, (c) inform the person 19 or persons to whom unauthorized disclosures were made of all the terms of this 20 Order, and (d) request such person or persons to execute the “Acknowledgment and 21 Agreement to Be Bound” that is attached hereto as Exhibit A. 22 11. INADVERTENT PRODUCTION OF PRIVILEGED OR OTHERWISE 23 PROTECTED MATERIAL 24 When a Producing Party gives notice to Receiving Parties that certain 25 inadvertently produced material is subject to a claim of privilege or other protection, 26 the obligations of the Receiving Parties are those set forth in Federal Rule of Civil 27 Procedure 26(b)(5)(B). This provision is not intended to modify whatever procedure 1 may be established in an e-discovery order that provides for production without prior 2 privilege review. Pursuant to Federal Rule of Evidence 502(d) and (e), insofar as 3 the parties reach an agreement on the effect of disclosure of a communication or 4 information covered by the attorney-client privilege or work product protection, the 5 parties may incorporate their agreement in the stipulated protective order submitted 6 to the court. 7 12. MISCELLANEOUS 8 12.1 Right to Further Relief. Nothing in this Order abridges the right of any 9 person to seek its modification by the Court in the future. 10 12.2 Right to Assert Other Objections. By stipulating to the entry of this 11 Protective Order no Party waives any right it otherwise would have to object to 12 disclosing or producing any information or item on any ground not addressed in this 13 Stipulated Protective Order. Similarly, no Party waives any right to object on any 14 ground to use in evidence of any of the material covered by this Protective Order. 15 12.3 Filing Protected Material. A Party that seeks to file under seal any 16 Protected Material must comply with Civil Local Rule 79-5. Protected Material may 17 only be filed under seal pursuant to a court order authorizing the sealing of the 18 specific Protected Material at issue. If a Party's request to file Protected Material 19 under seal is denied by the court, then the Receiving Party may file the information 20 in the public record unless otherwise instructed by the court. 21 13. PRIVILEGE LOG 22 To the extent that the Parties produce privilege logs for materials withheld for 23 attorney-client privilege or pursuant to the work product doctrine (or other privileges 24 or doctrines), the format and content shall be as follows, absent further Court order: 25 The privilege log shall contain names extracted from the topmost e-mail message or 26 document (To, From, CC, BCC), the date of the topmost e-mail or document, and 27 the basis for the assertion of a privilege or other protection. The Producing Party 1 shall create a single log entry for each e-mail chain or string. A Producing Party’s 2 logging of the topmost e-mail shall be deemed to assert protection for all of the 3 privileged material in an e-mail string or chain, including multiple redactions or 4 multiple segments. 5 Attorney-client privileged communications and attorney work product created 6 by or on behalf of Counsel for the Parties after the initiation of and/or as part of their 7 representation in this action need not be included in any privilege log. 8 14. FINAL DISPOSITION 9 After the final disposition of this Action, as defined in paragraph 4, within 60 10 days of a written request by the Designating Party, each Receiving Party must return 11 all Protected Material to the Producing Party or destroy such material. As used in 12 this subdivision, “all Protected Material” includes all copies, abstracts, compilations, 13 summaries, and any other format reproducing or capturing any of the Protected 14 Material. Whether the Protected Material is returned or destroyed, the Receiving 15 Party must submit a written certification to the Producing Party (and, if not the same 16 person or entity, to the Designating Party) by the 60 day deadline that (1) identifies 17 (by category, where appropriate) all the Protected Material that was returned or 18 destroyed and (2) affirms that the Receiving Party has not retained any copies, 19 abstracts, compilations, summaries or any other format reproducing or capturing any 20 of the Protected Material. Notwithstanding this provision, Counsel are entitled to 21 retain an archival copy of all pleadings, motion papers, trial, deposition, and hearing 22 transcripts, legal memoranda, correspondence, deposition and trial exhibits, expert 23 reports, attorney work product, and consultant and expert work product, even if such 24 materials contain Protected Material. Any such archival copies that contain or 25 constitute Protected Material remain subject to this Protective Order as set forth in 26 Section 4. 27 1 ENFORCEMENT 2 Any violation of this Order may be punished by any and all appropriate 3 measures including, without limitation, contempt proceedings and/or monetary 4 || sanctions. 5 IS SO STIPULATED, THROUGH COUNSEL OF RECORD. 6 Dated: July 18, 2023 /s/ Steven W_Ritcheson 7 Steven W. Ritcheson 8 Attorneys for Plaintiff, 9 SOFTWARE TISSUE REGENERATION

TECHNOLOGIES, LLC

10 11 |) Dated: July 18, 2023 MINTZ LEVIN COHN FERRIS GLOVSKY

D AND POPEO P.C.

13 /s/ James A. Rapore 14 James A. Rapore (SBN 278925) Brad M. Scheller (pro hac) I5 Robert C. Sweeney (pro hac) 16 Attorneys for Defendants,

DR. HAR HARI S. KHALSA, DC, D/B/A

M7 TRANSFORMATIONAL HEALING

18 UNIVERSE, THOMAS KOSTOPOULOS

AND KOSTOPOULOS INVESTMENT

19 HOLDINGS, LLC D/B/A STEMWAVE 20 21

FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

93 |} DATED: July 18, 2023 24 Reapehhs, QC.

HONORABLE ROZELLA A. OLIVER

2° UNITED STATES MAGISTRATE JUDGE 26 27 28 17 PROTECTIVE ORDER — Case No. 2:22-cv-07810-MCS-RAO

1 EXHIBIT A 2 ACKNOWLEDGMENT AND AGREEMENT TO BE BOUND 3 I, ________________________[print or type full name], of 4 ________________________[print or type full address], declare under penalty of 5 perjury that I have read in its entirety and understand the Stipulated Protective Order 6 that was issued by the United States District Court for the Central District of 7 California on [date] in the case of _____________ SoftWave Tissue Regeneration 8 Technologies, LLC v. Dr. Har Hari S. Khalsa et al., Case No. 22-cv-07810-MCS- 9 RAO (C.D. Cal. 2022). I agree to comply with and to be bound by all the terms of 10 this Stipulated Protective Order and I understand and acknowledge that failure to so 11 comply could expose me to sanctions and punishment in the nature of contempt. I 12 solemnly promise that I will not disclose in any manner any information or item that 13 is subject to this Stipulated Protective Order to any person or entity except in strict 14 compliance with the provisions of this Order. 15 I further agree to submit to the jurisdiction of the United States District Court for the 16 Central District of California for the purpose of enforcing the terms of this Stipulated 17 Protective Order, even if such enforcement proceedings occur after termination of 18 this action. I hereby appoint ___________________[print or type full name] of 19 _______________[print or type full address and telephone number] as my California 20 agent for service of process in connection with this action or any proceedings related 21 to enforcement of this Stipulated Protective Order. 22 Date: 23 City and State where sworn and signed: 24 Printed name: 25 Signature: 26 27