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`_________________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`_________________________
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`CONOPCO, INC. d/b/a UNILEVER
`Petitioner
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`v.
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`THE PROCTER & GAMBLE COMPANY
`Patent Owner
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`_________________________
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`Case IPR2013-00509
`Patent 6,451,300
`_________________________
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`JOINT MOTION TO ENTER DEFAULT PROTECTIVE ORDER
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`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
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`Case IPR2013-00509
`Patent 6,451,300
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`Patent Owner The Procter & Gamble Company and Petitioner Conopco, Inc.
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`d/b/a Unilever jointly move the Patent Trial and Appeal Board (“the Board”) for
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`entry of the Default Protective Order set forth in Appendix B of the Office Patent
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`Trial Practice Guide (Aug. 14, 2012), attached hereto as Exhibit A.
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`WHEREFORE, the parties respectfully request that the Board grant the
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`parties’ joint motion to enter the protective order set forth in Exhibit A.
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`2
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`Date: July 25, 2014
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`/s/ Joseph P Meara
`Joseph P. Meara (Reg. No. 44,932)
`jmeara-PGP@foley.com
`Foley Lardner LLP
`Suite 5000
`150 East Gilman Street
`Madison, Wisconsin 53703-1482
`608.257.5035 (reception)
`608.257.4258 (facsimile)
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`Michael R. Houston (Reg. No. 58,486)
`mhouston@foley.com
`Jeanne M. Gills (Reg. No. 44,458)
`jmgills@foley.com
`Foley Lardner LLP
`321 North Clark Street
`Suite 2800
`Chicago, IL 60654-5313
`312.832.4500 (reception)
`312.832.4700 (facsimile)
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`Attorneys For Petitioner
`Conopco, Inc. d/b/a Unilever
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`Case IPR2013-00509
`Patent 6,451,300
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`/s/ David M. Maiorana
`David M. Maiorana (Reg. No. 41,449)
`John V. Biernacki (Reg. No. 40,511)
`Michael S. Weinstein (Reg. No. 62,446)
`JONES DAY
`North Point
`901 Lakeside Avenue
`Cleveland, Ohio 44114-1190
`Tel: (216) 586-3939 / Fax: (216) 579-0212
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`Steven W. Miller (Reg. No. 31,984)
`Kim W. Zerby (Reg. No. 32,323)
`Carl J. Roof (Reg. No. 37,708)
`Angela K. Haughey (Reg. No. 56,373)
`THE PROCTER & GAMBLE COMPANY
`299 E. Sixth Street, Cincinnati, Ohio 45202
`Tel: (513) 983-1100 / Fax: (513) 945-2729
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`Attorneys For Patent Owner
`The Procter & Gamble Company
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`3
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 C.F.R. § 42.6, the undersigned certifies that on July 25, 2014,
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`a copy of the foregoing Joint Motion To Enter Default Protective Order, including
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`all exhibits, was served by email, pursuant to agreement of the Parties, on the
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`following:
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`Joseph P. Meara, Esq.
`jmeara-PGP@foley.com
`FOLEY & LARDNER LLP
`150 E. Gilman Street, Suite 5000
`Madison, WI 53703
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`Michael R. Houston, Esq.
`mhouston@foley.com
`Jeanne M. Gillis, Esq.
`jmgillis@foley.com
`FOLEY & LARDNER LLP
`321 North Clark Street, Suite 2800
`Chicago, IL 60654
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`/s/ David M. Maiorana
`David M. Maiorana
`Registration No. 41,449
`JONES DAY
`North Point
`901 Lakeside Avenue
`Cleveland, Ohio 44114-1190
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`Attorney For Patent Owner
`The Procter & Gamble Company
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`Case IPR2013-00505
`Patent 6,974,569
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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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`CONOPCO, INC. d/b/a UNILEVER
`Petitioner
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`v.
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`THE PROCTER & GAMBLE COMPANY
`Patent Owner
`____________________
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`Case IPR2013-00509
`Patent 6,451,300
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`____________________
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`PROPOSED PROTECTIVE ORDER
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`MAIL STOP PATENT BOARD
`Patent Trial and Appeal Board
`U.S. Patent & Trademark Office
`P. O. Box 1450
`Alexandria, VA 22313-1450
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`Case IPR2013-00509
`Patent 6,451,300
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`PROTECTIVE ORDER
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`1. Confidential information shall be clearly marked ‘‘PROTECTIVE
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`ORDER MATERIAL.’’
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`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
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`proceeding and other persons who are named parties to the proceeding.
`(B) Party Representatives. Representatives of record for a party in the
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`proceeding.
`(C) Experts. Retained experts of a party in the proceeding who further
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`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.
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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 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.
`(F) The Office. Employees and representatives of the Office who have
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`a need for access to the confidential information shall have such access without the
`requirement to sign an Acknowledgement. Such employees and representatives
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`Case IPR2013-00509
`Patent 6,451,300
`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
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`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.
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`3. Persons receiving confidential information shall use reasonable efforts to
`maintain the confidentiality of the information, including:
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`(A) Maintaining such information in a secure location to which
`persons not authorized to receive the information shall not have access;
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`(B) Otherwise 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;
`(C) Ensuring that support personnel of the recipient who have access
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`to the confidential information understand and abide by the obligation to maintain
`the confidentiality of information received that is designated as confidential; and
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`(D) 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.
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`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.
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`(i) A party may file documents or information with the Board
`under seal, together with a non-confidential description of the nature of the
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`3
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`Case IPR2013-00509
`Patent 6,451,300
`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.
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`(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.
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`Information designated as confidential that is disclosed to another party during
`discovery or other proceedings before the Board shall be clearly marked as
`‘‘PROTECTIVE ORDER MATERIAL’’ and shall be produced in a manner that
`maintains its confidentiality.
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`4
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`Case IPR2013-00509
`Patent 6,451,300
`ACKNOWLEDGMENT FOR ACCESS TO PROTECTIVE ORDER
`MATERIAL
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`I ________________________, affirm that I have read the Protective Order;
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`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.
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`___________________________
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`5
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