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`Filed on behalf of Proxyconn, Inc.
`By:
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`Matthew L. Cutler (mcutler@hdp.com)
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`Bryan K. Wheelock (bwheelock@hdp.com)
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`Harness, Dickey & Pierce, PLC
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`7700 Bonhomme, Suite 400
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`St. Louis, MO 63105
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`Tel: (314) 726-7500
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`Fax: (314) 726-7501
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`_____________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`_____________
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`MICROSOFT CORPORATION
`Petitioner
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`v.
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`Patent of PROXYCONN, INC.
`Patent Owner
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`_____________
`
`Case IPR2012-00026
`Patent 6,757,717
`_____________
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`PROPOSED PROTECTIVE ORDER
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`The following Protective Order will be entered into the instituted Inter Partes
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`Review, Microsoft Corporation v. Proxyconn, Inc., Case No. IPR2012-00026
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`(TLG) and any related or subsequent instituted Inter Partes Review.
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`Protective Order
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`This Protective Order governs the treatment and filing of confidential information,
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`including documents and testimony.
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`1.
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`Confidential information shall be clearly marked as either
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`“PROTECTIVE ORDER MATERIAL” or “PROTECTIVE ORDER MATERIAL
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`– FINANCIAL INFORMATION.”
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`2.
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`Access to confidential information marked “PROTECTIVE ORDER
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`MATERIAL” is limited to the following individuals who have executed the
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`acknowledgment appended to this order:
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`(A) Parties. Persons who are owners of a patent involved in the
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`proceeding and other persons who are named parties to the
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`proceeding.
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`(B) Party Representatives. Representatives of record for a party in
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`the proceeding.
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`(C) Experts. Retained experts of a party in the proceeding who
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`further certify in the Acknowledgement that they are not a competitor
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`to any party, or a consultant for, or employed by, such a competitor
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`with respect to the 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
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`persons performing work for a party, other than in-house counsel and
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`in-house counsel’s support staff, who sign the Acknowledgement
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`shall be extended access to confidential information only upon
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`agreement of the parties or by order of the Board upon a motion
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`brought by the party seeking to disclose confidential information to
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`that person. The party opposing disclosure to that person shall have
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`the burden of proving that such person should be restricted from
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`access to confidential information.
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`(F) The Office. Employees and representatives of the Office who
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`have a need for access to the confidential information shall have such
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`access without the requirement to sign an Acknowledgement. Such
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`employees and representatives shall include the Director, members of
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`the Board and their clerical staff, other support personnel, court
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`reporters, and other persons acting on behalf of the Office.
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`(G) Support Personnel. Administrative assistants, clerical staff,
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`court reporters and other support personnel of the foregoing persons
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`who are reasonably necessary to assist those persons in the proceeding
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`shall not be required to sign an Acknowledgement, but shall be
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`informed of the terms and requirements of the Protective Order by the
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`person they are supporting who receives confidential information.
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`3.
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`Access to confidential information marked “PROTECTIVE ORDER
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`MATERIAL – FINANCIAL INFORMATION” is limited to the following
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`individuals who have executed the acknowledgment appended to this order:
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`(A) Party Representatives. Representatives of record for a party in
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`the proceeding.
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`(B) Experts. Retained experts of a party in the proceeding who
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`further certify in the Acknowledgement that they are not a competitor
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`to any party, or a consultant for, or employed by, such a competitor
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`with respect to the subject matter of the proceeding.
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`(C) The Office. Employees and representatives of the Office who
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`have a need for access to the confidential information shall have such
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`access without the requirement to sign an Acknowledgement. Such
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`employees and representatives shall include the Director, members of
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`the Board and their clerical staff, other support personnel, court
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`reporters, and other persons acting on behalf of the Office.
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`(D) Support Personnel. Administrative assistants, clerical staff,
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`court reporters and other support personnel of the foregoing persons
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`who are reasonably necessary to assist those persons in the proceeding
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`shall not be required to sign an Acknowledgement, but shall be
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`informed of the terms and requirements of the Protective Order by the
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`person they are supporting who receives confidential information.
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`4.
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`Persons receiving confidential information shall use reasonable efforts
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`to maintain the confidentiality of the information, including:
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`(A) Maintaining such information in a secure location to which
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`persons not authorized to receive the information shall not have
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`access;
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`(B) Otherwise using reasonable efforts to maintain the
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`confidentiality of the information, which efforts shall be no less
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`rigorous than those the recipient uses to maintain the confidentiality of
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`information not received from the disclosing party;
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`(C) Ensuring that support personnel of the recipient who have
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`access to the confidential information understand and abide by the
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`obligation to maintain the confidentiality of information received that
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`is designated as confidential; and
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`(D) Limiting the copying of confidential information to a
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`reasonable number of copies needed for conduct of the proceeding
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`and maintaining a record of the locations of such copies.
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`5.
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`Persons receiving confidential information shall use the following
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`procedures to maintain the confidentiality of the information:
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`(A) Documents and Information Filed With the Board.
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`(i) A party may file documents or information with the
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`Board under seal, together with a non-confidential description
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`of the nature of the confidential information that is under seal
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`and the reasons why the information is confidential and should
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`not be made available to the public. The submission shall be
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`treated as confidential and remain under seal, unless, upon
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`motion of a party and after a hearing on the issue, or sua sponte,
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`the Board determines that the documents or information do not
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`to qualify for confidential treatment.
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`(ii) Where confidentiality is alleged as to some but not all of
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`the information submitted to the Board, the submitting party
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`shall file confidential and nonconfidential versions of its
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`submission, together with a Motion to Seal the confidential
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`version setting forth the reasons why the information redacted
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`from the non-confidential version is confidential and should not
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`be made available to the public. The nonconfidential version of
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`the submission shall clearly indicate the locations of
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`information that has been redacted. The confidential version of
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`the submission shall be filed under seal. The redacted
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`information shall remain under seal unless, upon motion of a
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`party and after a hearing on the issue, or sua sponte, the Board
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`determines that some or all of the redacted information does not
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`qualify for confidential treatment.
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`(B) Documents and Information Exchanged Among the Parties.
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`Information designated as confidential that is disclosed to another
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`party during discovery or other proceedings before the Board shall be
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`clearly marked as “PROTECTIVE ORDER MATERIAL” or
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`“PROTECTIVE ORDER MATERIAL – FINANCIAL
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`INFORMATION” and shall be produced in a manner that maintains
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`its confidentiality.
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`(i)
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`Standard Acknowledgement of Protective Order. The
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`following form may be used to acknowledge a protective order
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`and gain access to information covered by the protective order:
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`____________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________
`
`MICROSOFT CORPORATION
`Petitioner
`
`v.
`
`PROXYCONN, INC.
`Patent Owner
`
`____________
`
`Case IPR2012-00026 (TLG)
`Patent 6,757,717 B1
`
`____________
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`STANDARD ACKNOWLEDGMENT FOR
`ACCESS TO PROTECTIVE ORDER MATERIAL
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`I __________________________________________, affirm that I have
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`read the Protective Order; that I will abide by its terms; that I will use the
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`confidential information only in connection with this proceeding and for no other
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`purpose; that I will only allow access to support staff who are reasonably necessary
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`to assist me in this proceeding; that prior to any disclosure to such support staff I
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`informed or will inform them of the requirements of the Protective Order; that I am
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`personally responsible for the requirements of the terms of the Protective Order
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`and I agree to submit to the jurisdiction of the Office and the United States District
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`Court for the Eastern District of Virginia for purposes of enforcing the terms of the
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`Protective Order and providing remedies for its breach.
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`_________________________
`[Signature]
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`61063075.1
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