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`Case CBM2013-00020
`Patent No. 5,191,573
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`______________
`
`APPLE INC.
`Petitioner
`
`v.
`
`SIGHTSOUND TECHNOLOGIES, LLC
`Patent Owner
`______________
`
`Case CBM2013-00020
`Patent 5,191,573
`______________
`
`Before the Honorable MICHAEL P. TIERNEY, JUSTIN T. ARBES, and
`GEORGIANNA W. BRADEN,
`Administrative Patent Judges.
`
`
`PROTECTIVE ORDER
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`The following Standing Protective Order will be automatically entered into the
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`proceeding upon the filing of a petition for review or institution of a derivation:
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`Standing Protective Order
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`This standing protective order governs the treatment and filing of confidential
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`information, including documents and testimony.
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`1.
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`Confidential information shall be clearly marked ‘‘PROTECTIVE ORDER
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`MATERIAL.’’
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`Apple Exhibit 4269
`Apple v. SightSound Technologies
`CBM2013-00020
`Page 00001
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`Case CBM2013-00020
`Patent No. 5,191,573
`Access to confidential information is limited to the following individuals who
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`2.
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`have executed the acknowledgment appended to this order:
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`(A) Parties. Persons who are owners of a patent involved in the proceeding
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`and other persons who are named parties to the proceeding.
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`(B)
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`Party Representatives. Representatives of record for a party in the
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`proceeding.
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`(C) Experts. Retained experts of a party in the proceeding who further certify
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`in the Acknowledgement that they are not a competitor to any party, or
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`a consultant for, or employed by, such a competitor with respect to the
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`subject matter of the proceeding.
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`(D)
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`In-house counsel. In-house counsel of a party.
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`(E) Other Employees of a Party. Employees, consultants or other persons
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`performing work for a party, other than in-house counsel and in-house
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`counsel’s support staff, who sign the Acknowledgement shall be
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`extended access to confidential information only upon agreement of the
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`parties or by order of the Board upon a motion brought by the party
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`seeking to disclose confidential information to that person. The party
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`opposing disclosure to that person shall have the burden of proving that
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`such person should be restricted from access to confidential
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`information.
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`-2-
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`Page 00002
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`Case CBM2013-00020
`Patent No. 5,191,573
`The Office. Employees and representatives of the Office who have a need
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`(F)
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`for access to the confidential information shall have such access without
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`the requirement to sign an Acknowledgement. Such employees and
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`representatives shall include the Director, members of the Board and
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`their clerical staff, other support personnel, court reporters, and other
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`persons acting on behalf of the Office.
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`(G) Support Personnel. Administrative assistants, clerical staff, court reporters
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`and other support personnel of the foregoing persons who are
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`reasonably necessary to assist those persons in the proceeding shall not
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`be required to sign an Acknowledgement, but shall be informed of the
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`terms and requirements of the Protective Order by the person they are
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`supporting who receives confidential information.
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`3
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`Persons receiving confidential information shall use reasonable efforts to
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`maintain the confidentiality of the information, including:
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`(A) Maintaining such information in a secure location to which persons not
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`authorized to receive the information shall not have access;
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`(B) Otherwise using reasonable efforts to maintain the confidentiality of the
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`information, which efforts shall be no less rigorous than those the
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`recipient uses to maintain the confidentiality of information not received
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`from the disclosing party;
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`-3-
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`Page 00003
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`Case CBM2013-00020
`Patent No. 5,191,573
`(C) Ensuring that support personnel of the recipient who have access to the
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`confidential information understand and abide by the obligation to
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`maintain the confidentiality of information received that is designated as
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`confidential; and
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`(D) Limiting the copying of confidential information to a reasonable number
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`of copies needed for conduct of the proceeding and maintaining a
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`record of the locations of such copies.
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`4.
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`Persons receiving confidential information shall use the following procedures
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`to maintain the confidentiality of the information:
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`(A) Documents and Information Filed With the Board.
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`(i)
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`A party may file documents or information with the Board under
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`seal, together with a non-confidential description of the nature of
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`the confidential information that is under seal and the reasons
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`why the information is confidential and should not be made
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`available to the public. The submission shall be treated as
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`confidential and remain under seal, unless, upon motion of a party
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`and after a hearing on the issue, or sua sponte, the Board
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`determines that the documents or information do not to qualify
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`for confidential treatment.
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`(ii) Where confidentiality is alleged as to some but not all of the
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`information submitted to the Board, the submitting party shall file
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`-4-
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`Page 00004
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`Case CBM2013-00020
`Patent No. 5,191,573
`confidential and non-confidential versions of its submission,
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`together with a Motion to Seal the confidential version setting
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`forth the reasons why the information redacted from the non-
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`confidential version is confidential and should not be made
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`available to the public. The nonconfidential version of the
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`submission shall clearly indicate the locations of information that
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`has been redacted. The confidential version of the submission
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`shall be filed under seal. The redacted information shall remain
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`under seal unless, upon motion of a party and after a hearing on
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`the issue, or sua sponte, the Board determines that some or all of
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`the redacted information does not qualify for confidential
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`treatment.
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`(B) Documents and Information Exchanged Among the Parties. Information
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`designated as confidential that is disclosed to another party during
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`discovery or other proceedings before the Board shall be clearly marked
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`as ‘‘PROTECTIVE ORDER MATERIAL’’ and shall be produced in a
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`manner that maintains its confidentiality.
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`(j)
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`Standard Acknowledgement of Protective Order. The following form
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`may be used to acknowledge a protective order and gain access to
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`information covered by the protective order:
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`-5-
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`Page 00005
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`Case CBM2013-00020
`Patent No. 5,191,573
`UNITED STATES PATENT AND TRADEMARK OFFICE
`______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`______________
`
`APPLE INC.
`Petitioner
`
`v.
`
`SIGHTSOUND TECHNOLOGIES, LLC
`Patent Owner
`______________
`
`Case CBM2013-00020
`Patent 5,191,573
`______________
`
`Before the Honorable MICHAEL P. TIERNEY, JUSTIN T. ARBES, and
`GEORGIANNA W. BRADEN,
`Administrative Patent Judges.
`
`
`Standard Acknowledgment for Access to Protective Order Material
`I ____, affirm that I have read the Protective Order; that I will abide by its
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`terms; that I will use the confidential information only in connection with this
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`proceeding and for no other purpose; that I will only allow access to support staff
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`who are reasonably necessary to assist me in this proceeding; that prior to any
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`disclosure to such support staff I informed or will inform them of the requirements of
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`the Protective Order; that I am personally responsible for the requirements of the
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`terms of the Protective Order and I agree to submit to the jurisdiction of the Office
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`-6-
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`Page 00006
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`Case CBM2013-00020
`Patent No. 5,191,573
`and the United States District Court for the Eastern District of Virginia for purposes
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`of enforcing the terms of the Protective Order and providing remedies for its breach.
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`[Signature]
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`-7-
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`Page 00007
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