`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`____________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________________________
`
`GEA PROCESS ENGINEERING, INC.
`
`Petitioner
`
`v.
`
`STEUBEN FOODS, INC.
`
`Patent Owner
`_______________
`
`Case IPR2014-00055
`
`U.S. Patent No. 6,536,188
`_______________
`
`[PROPOSED] STIPULATED PROTECTIVE ORDER
`
`
`
`
`
`
`Mail Stop Patent Board
`Patent Trial and Appeal Board
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`GEA Process Engineering, Inc. Exhibit 1043
`GEA Process Engineering, Inc. v. Steuben Foods, Inc.
`IPR2014-00055
`
`
`
`
`
`
`This standing protective order governs the treatment and filing of
`confidential information, including documents and testimony.
`
`Stipulated 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.
`
`(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.
`
`
`
`2
`
`
`
`
`
`
`Stipulated Protective Order
`
`(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) Maintaining such information in a secure location to which
`persons not authorized to receive the information shall not have access;
`
`(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
`to the confidential information understand and abide by the obligation to
`maintain the confidentiality of information received that is designated as
`confidential; and
`
`(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.
`
`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
`
`
`
`3
`
`
`
`
`
`
`Stipulated Protective Order
`
`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 ‘‘PROTECTIVE ORDER MATERIAL’’ and shall be produced in
`a manner that maintains its confidentiality.
`
`5. Standard Acknowledgement of Protective Order. The form attached as
`Appendix A may be used to acknowledge a protective order and gain access to
`information covered by the protective order.
`
`
`
`
`
`Agreed upon and stipulated to by the parties.
`
`
`
`
`
`
`
`Respectfully submitted,
`
`Steuben Foods, Inc.
`Patent Owner
`
`/Kevin B. Laurence/
`Kevin B. Laurence (Reg. No. 38,219)
`cpdocketlaurence@oblon.com
`Oblon, Spivak, McClelland,
`
`GEA Process Engineering Inc.
`Petitioner
`/William P. Atkins/
`William P. Atkins
`(Reg. No. 38,821)
`Pillsbury Winthrop Shaw
`
`
`
`
`
`4
`
`
`
`
`
` Maier & Neustadt, L.L.P.
`1940 Duke Street
`Alexandria, VA 22314
`Tel:
`(703) 413-3000
`
`Stipulated Protective Order
`
` Pittman LLP
`1650 Tysons Blvd.
`McClean, VA 22102-4856
`Tel: (703) 770-7900
`
`
`
`5
`
`
`
`
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`____________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________________________
`
`GEA PROCESS ENGINEERING, INC.
`
`Petitioner
`
`v.
`
`STEUBEN FOODS, INC.
`
`Patent Owner
`_______________
`
`Case IPR2014-00055
`
`U.S. Patent No. 6,536,188
`_______________
`
`Standard 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.
`
`
`
`SIGNED this _______ day of _________________________ 20____ at
`
`______________________________________.
`
`
`
`____________________________
`(signature)
`
`
`
`__________________________
`(print name)
`
`
`
`
`404539236v1
`
`
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