`Case IPR2014-00541
`U.S. Patent No. 8,217,902
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`________________
`
`WINTEK CORPORATION
`Petitioner,
`
`v.
`
`TPK TOUCH SOLUTIONS INC.
`Patent Owner
`________________
`
`Case IPR2013-00567
`Case IPR2014-00541
`U.S. Patent No. 8,217,902
`
`STIPULATED PROTECTIVE ORDER
`
`[PROPOSED]
`
`TPK 2024
`Wintek v. TPK Solutions
`IPR2013-00567
`
`
`
`Case IPR2013-00567
`Case IPR2014-00541
`U.S. Patent No. 8,217,902
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`This
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`standing protective order governs
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`the treatment and filing of
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`confidential information, including documents and testimony.
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`1. Confidential
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`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
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`who have executed the acknowledgment appended to this order:
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`(A) Party Representatives. Representatives of record for a party in the
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`proceeding.
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`(B) 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
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`consultant for, or employed by, such a competitor with respect to the subject matter
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`of the proceeding.
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`(C) Other Employees of a Party. Employees, consultants or other
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`persons performing work for a party, who sign the Acknowledgement shall be
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`extended access to confidential information only upon agreement of the parties or
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`by order of the Board upon a motion brought by the party seeking to disclose
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`confidential information to that person. The party opposing disclosure to that
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`person shall have the burden of proving that such person should be restricted from
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`access to confidential information.
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`Case IPR2013-00567
`Case IPR2014-00541
`U.S. Patent No. 8,217,902
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`(D) The Office. Employees and representatives of the Office who have a
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`need for access to the confidential information shall have such access without the
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`requirement to sign an Acknowledgement. Such employees and representatives
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`shall include the Director, members of the Board and their clerical staff, other
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`support personnel, court reporters, and other persons acting on behalf of the Office.
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`(E) Support Personnel. Administrative assistants, clerical staff, court
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`reporters and other support personnel of the foregoing persons who are reasonably
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`necessary to assist those persons in the proceeding shall not be required to sign an
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`Acknowledgement, but shall be informed of the terms and requirements of the
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`Protective Order by the person they are supporting who receives confidential
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`information.
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`3. 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
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`persons not authorized to receive the information shall not have access;
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`(B) Otherwise using reasonable efforts to maintain the confidentiality
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`of the information, which efforts shall be no less rigorous than those the recipient
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`uses to maintain the confidentiality of information not received from the disclosing
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`party;
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`Case IPR2013-00567
`Case IPR2014-00541
`U.S. Patent No. 8,217,902
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`(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
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`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
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`number of copies needed for conduct of the proceeding and maintaining a record of
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`the locations of such copies.
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`4. Persons receiving confidential
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`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 Board
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`under seal,
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`together with a non-confidential description of the nature of the
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`confidential information that is under seal and the reasons why the information is
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`confidential and should not be made available to the public. The submission shall
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`be treated as 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 determines that the
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`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
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`information submitted to the Board, the submitting party shall file confidential and
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`non-confidential versions of its submission, together with a Motion to Seal the
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`Case IPR2013-00567
`Case IPR2014-00541
`U.S. Patent No. 8,217,902
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`confidential version setting forth the reasons why the information redacted from
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`the non-confidential version is confidential and should not be made available to the
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`public. The nonconfidential version of the submission shall clearly indicate the
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`locations of information that has been redacted. The confidential version of the
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`submission shall be filed under seal. The redacted information shall remain under
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`seal unless, upon motion of a party and after a hearing on the issue, or sua sponte,
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`the Board determines that some or all of the redacted information does not qualify
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`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 party during
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`discovery or other proceedings before the Board shall be clearly marked as
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`‘‘PROTECTIVE ORDER MATERIAL’’ and shall be produced in a manner that
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`maintains
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`its confidentiality.
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`(j) Standard Acknowledgement of Protective Order. The
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`following form 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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`[CAPTION]
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`Case IPR2013-00567
`Case IPR2014-00541
`U.S. Patent No. 8,217,902
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`________________
`
`WINTEK CORPORATION
`Petitioner,
`
`v.
`
`TPK TOUCH SOLUTIONS INC.
`Patent Owner
`________________
`
`Case IPR2013-00567
`Case IPR2014-00541
`U.S. Patent No. 8,217,902
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`ACKNOWLEDGMENT FOR ACCESS TO PROTECTIVE ORDER
`MATERIAL
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`
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`Case IPR2013-00567
`Case IPR2014-00541
`U.S. Patent No. 8,217,902
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`Acknowledgment for Access to Protective Order Material
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`I ____, affirm that I have read the Protective Order; that I will abide by its terms;
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`that I will use the confidential information only in connection with this proceeding
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`and for no other purpose; that I will only allow access to support staff who are
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`reasonably necessary to assist me in this proceeding; that prior to any disclosure to
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`such support staff I informed or will inform them of the requirements of the
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`Protective Order; that I am personally responsible for the requirements of the terms
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`of the Protective Order and I agree to submit to the jurisdiction of the Office and
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`the United States District Court for the Eastern District of Virginia for purposes of
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`enforcing the terms of the Protective Order and providing remedies for its breach.
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`Executed by:
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`____________________________
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`Date: _________
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