UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`CLIO USA, INC.
`Petitioner
`
`v.
`
`THE PROCTER & GAMBLE COMPANY
`Patent Owner
`
`Case IPR2013-00438
`Patent 5,894,017
`
`PROPOSED PROTECTIVE ORDER
`
`1
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`CLIO USA, INC.
`Petitioner
`
`v.
`
`THE PROCTER & GAMBLE COMPANY
`Patent Owner
`
`Case IPR2013-00438
`Patent 5,894,017
`
`PROPOSED PROTECTIVE ORDER
`
`1
`
`
`
`MAIL STOP PATENT BOARD
`Patent Trial and Appeal Board
`U.S. Patent & Trademark Office
`P. O. Box 1450
`Alexandria, VA 22313-1450
`
`PROTECTIVE ORDER
`
`1. Confidential information shall be clearly marked “PROTECTIVE
`ORDER MATERIAL.”
`2. Access to confidential information is limited to the following individuals
`who have executed the acknowledgment appended to this order:
`(A) Parties. Persons who are owners of a patent involved in
`the proceeding and other persons who are named parties to the proceeding.
`(B) Party Representatives. Representatives of record for a party in
`the proceeding.
`(C) Experts. Retained experts of a party in the proceeding who further
`certify in the Acknowledgement that they are not a competitor to any party, or a
`consultant for, or employed by, such a competitor with respect to the subject matter
`of the proceeding.
`(D) In-house counsel. In-house counsel of a party.
`(E) Other Employees of a Party. Employees, consultants or other
`persons performing work for a party, other than in-house counsel and in-house
`counsel’s support staff, who sign the Acknowledgement shall be extended access
`to confidential information only upon agreement of the parties or by order of the
`Board upon a motion brought by the party seeking to disclose confidential
`information to that person. The party opposing disclosure to that person shall
`have the burden of proving that such person should be restricted from access to
`confidential information. For the sake of avoiding disputes, the parties hereby
`
`2
`
`
`
`agree that persons in this category (E) shall be allowed access to confidential
`information in this proceeding to the same extent that such persons are allowed
`access to confidential information in the pending litigation between the parties,
`The Procter & Gamble Co. v. Team Technologies, Inc., et al., Case No. 1:12-552
`(S.D. Ohio).
`
`(F) The Office. Employees and representatives of the Office who
`have a need for access to the confidential information shall have such access
`without the requirement to sign an Acknowledgement. Such employees and
`representatives shall include the Director, members of the Board and their clerical
`staff, other support personnel, court reporters, and other persons acting on behalf of
`the Office.
`
`(G) Support Personnel. Administrative assistants, clerical staff, court
`reporters and other support personnel of the foregoing persons who are reasonably
`necessary to assist those persons in the proceeding shall not be required to sign an
`Acknowledgement, but shall be informed of the terms and requirements of the
`Protective Order by the person they are supporting who receives confidential
`information.
`3. Persons receiving confidential information shall use reasonable efforts
`to maintain the confidentiality of the information, including:
`(A) Using reasonable efforts to maintain the confidentiality of the
`information, which efforts shall be no less rigorous than those the recipient uses to
`maintain the confidentiality of information not received from the disclosing party;
`(B) Ensuring that support personnel of the recipient who have access
`to the confidential information understand and abide by the obligation to maintain
`the confidentiality of information received that is designated as confidential; and
`
`3
`
`
`
`(C) Limiting the copying of confidential information to a reasonable
`number of copies needed for conduct of the proceeding and maintaining a record
`of the locations of such copies.
`4. Persons receiving confidential information shall use the
`following procedures to maintain the confidentiality of the information:
`(A) Documents and Information Filed With the Board.
`(i) A party may file documents or information with the
`Board under seal, together with a non-confidential description of the nature of the
`confidential information that is under seal and the reasons why the information is
`confidential and should not be made available to the public. The submission shall
`be treated as confidential and remain under seal, unless, upon motion of a party
`and after a hearing on the issue, or sua sponte, the Board determines that the
`documents or information do not to qualify for confidential treatment.
`(ii) Where confidentiality is alleged as to some but not all of
`the information submitted to the Board, the submitting party shall file confidential
`and non-confidential versions of its submission, together with a Motion to Seal the
`confidential version setting forth the reasons why the information redacted from
`the non-confidential version is confidential and should not be made available to
`the public. The nonconfidential version of the submission shall clearly indicate the
`locations of information that has been redacted. The confidential version of the
`submission shall be filed under seal. The redacted information shall remain under
`seal unless, upon motion of a party and after a hearing on the issue, or sua sponte,
`the Board determines that some or all of the redacted information does not qualify
`for confidential treatment.
`(B) Documents and Information Exchanged Among the Parties.
`Information designated as confidential that is disclosed to another party during
`discovery or other proceedings before the Board shall be clearly marked as
`
`4
`
`
`
`“PROTECTIVE ORDER MATERIAL” and shall be produced in a manner that
`maintains its confidentiality.
`5. Standard Acknowledgement of Protective Order. The following form
`may be used to acknowledge a protective order and gain access to information
`covered by the protective order:
`
`
`
`ACKNOWLEDGMENT FOR ACCESS TO PROTECTIVE ORDER
`MATERIAL
`
`I_______________________ , affirm that I have read the Protective Order;
`that I will abide by its terms; that I will use the confidential information only in
`connection with this proceeding and for no other purpose; that I will only allow
`access to support staff who are reasonably necessary to assist me in this proceeding;
`that prior to any disclosure to such support staff I informed or will inform them of
`the requirements of the Protective Order; that I am personally responsible for the
`requirements of the terms of the Protective Order and I agree to submit to the
`jurisdiction of the Office and the United States District Court for the Eastern
`District of Virginia for purposes of enforcing the terms of the Protective Order and
`providing remedies for its breach.
`
`5
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