UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`PETROLEUM GEO-SERVICES INC.
` Petitioner
`
` v.
`
`WESTERNGECO LLC
` Patent Owner
`
` CASE UNASSIGNED
` Patent No. 7,080,607
`
`PETITIONER’S MOTION TO SEAL UNDER 37 CFR §§ 42.14 and 42.55
`
`Pursuant to 37 CFR §§ 42.14 and 42.55 Petitioner Petroleum Geo-Services
`
`
`
`
`
`
`
`Inc. (PGS) respectfully submits this Motion to Seal portions of its Petition for Inter
`
`Partes Review, as well as certain Exhibits attached thereto, all of which are being
`
`filed concurrently with this Motion.
`
`I.
`
`Reasons for Sealing Exhibits and Redacting Related Portions of
`the Petition
`
`The standard governing the Board’s determination of whether to grant a
`
`
`
`

`
`
`
`motion to seal is “good cause.” Garmin v. Cuozzo, IPR2012-0001, Paper 36 (April
`
`5, 2013). The board aims to “strike a balance between the public’s interest in
`
`maintaining a complete and understandable file history and the parties’ interest in
`
`protecting truly sensitive information.” Id.
`
`
`
`PGS’s Petition for Inter Partes Review of 7,080,607 includes three exhibits
`
`(PGS 1017, 1019, and 1025) that the Patent Owner, WesternGeco, LLC, designated
`
`as highly confidential pursuant to a protective order in litigation styled
`
`WesternGeco LLC v. ION Geophysical Corp. et al., No. 09-cv-01827, ECF No. 28
`
`(S.D. Tex. Aug. 28, 2009) (Exhibit A). These materials were obtained by Petitioner
`
`via compelled discovery in the context of its current litigation against PGS in
`
`WesternGeco LLC v. Petroleum Geo-Services, Inc., No. 13-cv-2725, ECF No. 60
`
`(S.D. Tex. Jan. 13, 2014) (Exhibit B), and are subject to a protective order in that
`
`litigation as well. WesternGeco LLC v. Petroleum Geo-Services, Inc., No. 13-cv-
`
`2725, ECF No. 37 (S.D. Tex. Jan. 13, 2014) (Exhibit C).
`
`
`
`Pursuant to Section 4(A)(ii) of the Board’s default protective order, PGS has
`
`filed a confidential, non-redacted version of its Petition as well as a redacted
`
`version of its Petition to remove references and citations to the sealed information
`
`and exhibits. Because the sealed exhibits and redacted portions of the Petition are
`
`subject to the aforementioned protective orders, Petitioner brings this motion to seal
`
`with good cause and under good faith.
`
`
`
`2
`
`

`
`
`
`II.
`
`PROPOSED PROTECTIVE ORDER
`
`Pursuant to 37 CFR § 42.55(a), Petitioner proposes that the default protective
`
`order found in Appendix B of the Trial Practice Guide be entered.
`
`Dated: April 23, 2013
`
`
`
`
`
`
`
`Respectfully Submitted,
`
`
`
`
`
`
`
`
`
`_________________
`Jessamyn Berniker
`Reg. No. 72,328
`Williams & Connolly, LLP
`725 12th St., NW
`Washington, DC 20005
`Telephone: 202-434-5000
`Facsimile: 202-434-5957
`Email: jberniker@wc.com
`
`Attorney for Petitioner
`
`
`
`
`
`
`
`
`
`3
`
`

`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that the above-captioned Petroleum Geo-
`
`Service Inc.’s “Motion to Seal Under 35 C.F.R. §§ 42.14 and 42.55” and true
`
`copies of Exhibits A-C were served on the 24th day of April, 2014, on the Patent
`
`Owner at the official correspondence address for the attorney of record for the
`
`ʼ607 Patent as shown in USPTO PAIR via FedEx:
`
`WesternGeco L.L.C.
`10001 Richmond Avenue
`IP Administration Center of Excellence
`Houston TX 77042
`
`_________________________
`Jessamyn Berniker
`Reg. No. 72,328
`Williams & Connolly, LLP
`725 12th St., NW
`Washington, DC 20005
`Telephone: 202-434-5000
`Facsimile: 202-434-5957
`Email: jberniker@wc.com
`
`Attorney for Petitioner
`
`4
`
`DATE: April 23, 2014.
`
`
`
`
`
`
`
`
`
`
`
`
`
`

`
`Exhibit A
`
`Exhibit A
`
`
`
`
`
`
`
`

`
`I
`
`Case 4:09-cv-01827 Document 28 Filed in TXSD on 08/28/09 Page 1 of 10
`Case 4:O9—cv—O1827 Document 28 Filed in TXSD on 08/28/09 Page 1 of 10
`
`Case 4:O9—cv—O1827 Document 13-2
`
`Filed in TXSD on 07/31/2009
`
`Page 2 of 11
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE SOUTHERN DISTRICT OF TEXAS
`HOUSTON DIVISION
`
`Case No: 4:09-cv-01827
`
`Hon. Keith P. Ellison
`
`JURY TRIAL DEMANDED
`
`)
`
`) )
`
`)
`)
`)
`)
`)
`)
`
`) )
`
`WESTERNGECO L.L.C.,
`
`Plaintiff,
`
`v.
`
`ION GEOPHYSICAL CORPORATION,
`
`Defendant.
`
`PROTECTIVE ORDER
`
`This Order (“Protective Order”) is
`Proceedings and Information Governed.
`1.
`made under Rule 26(c) of the Federal Rules of Civil Procedure (“FED. R. CIV. P.”).
`
`This Protective Order applies to any document, information, or other tangible or
`intangible thing (collectively, “documents”) furnished by a party to any other party, as
`well as documents furnished by non-parties who receive subpoenas in connection with
`this action, if and when the documents are designated by a party or non-party as
`“Confidential Information” or “Highly Confidential Information” in accordance with the
`terms of this Protective Order. This Protective Order also applies to copies, excerpts,
`abstracts, analyses, summaries, descriptions, or other fonns of recorded information or
`data containing, reflecting, or disclosing all or parts of designated documents.
`
`2.
`
`Designation and Maintenance of Documents and Information.
`
`“Confidential Information” designation means that the document contains
`A.
`trade secrets or commercial information not publicly known, which trade secrets or
`commercial information is of technical or commercial advantage to its possessor,
`in
`accordance with FED. R. CIV. P. 26(c)(7), or other information required by law or
`agreement to be kept confidential.
`
`the
`that
`Information” designation means
`The “Highly Confidential
`B.
`document contains infonnation that the producing party deems especially sensitive,
`which may include, but
`is not
`limited to, confidential research and development,
`financial,
`technical, marketing, any other
`sensitive trade secret
`information, or
`information capable of being utilized for the preparation or prosecution of a patent
`application dealing with such subject matter.
`
`

`
`Y
`
`Case 4:09-cv-01827 Document 28 Filed in TXSD on 08/28/09 Page 2 of 10
`Case 4:O9—cv—O1827 Document 28 Filed in TXSD on 08/28/09 Page 2 of 10
`
`Case 4:09-cv-01827 Document 18-2
`
`Filed in TXSD on 07/31/2009
`
`Page 3 of 11
`
`“Confidential Information” and “Highly Confidential Information” does not
`C.
`include, and this Protective Order does not apply to, documents already in the knowledge
`or possession of the party to whom disclosure is made unless that party is already bound
`by an agreement not to disclose such information, or information that has been disclosed
`to the public or third persons in a manner making such information no longer
`confidential.
`
`3.
`
`Documents Produced in Discove1_'y and Depositions.
`
`Documents and things produced during the course of this litigation within
`A.
`the scope of paragraph 2(A) or 2(B) above, may be designated by the producing party as
`containing “Confidential Information” by placing on each page and each thing a legend
`substantially as follows:
`
`CONFIDENTIAL INFORMATION
`
`SUBJECT TO PROTECTIVE ORDER
`
`Documents and things produced during the course of this litigation within the scope of
`paragraph 2(A) above may be designated by the producing party as containing “Highly
`Confidential Information” by placing on each page and each thing a legend substantially
`as follows:
`
`HIGHLY CONFIDENTIAL INFORMATION
`
`SUBJECT TO PROTECTIVE ORDER
`
`B.
`
`Depositions
`
`For deposition testimony or exhibits to be entitled to protection
`(i)
`under this Order, a party must designate the testimony and exhibits disclosed at a
`deposition as “Confidential
`Information” or “Highly Confidential
`Information” by
`requesting the reporter to so designate the transcript or any portion of the transcript at the
`time of the deposition.
`
`If no such designation is made at the time of the deposition, any
`(ii)
`party has fourteen (14) calendar days after delivery by the court reporter of the transcript
`of the deposition session to designate, in writing to the other parties and to the court
`reporter, what portions of the transcript and which exhibits the party designates as
`“Confidential Information” and “Highly Confidential Information.”
`
`(iii) During the transcription and following fourteen (14) day period after
`a deposition session, the transcript and exhibits must be treated as Highly Confidential
`Information, unless the disclosing party consents to less confidential treatment of the
`infonnation.
`
`Each party and the court reporter must attach a copy of any final and
`(iv)
`timely written designation notice to the transcript and each copy of the transcript in its
`possession, custody or control, and the portions designated in such notice must thereafter
`
`2
`
`

`
`Case 4:09-cv-01827 Document 28 Filed in TXSD on 08/28/09 Page 3 of 10
`Case 4:O9—cv—O1827 Document 28 Filed in TXSD on 08/28/09 Page 3 of 10
`
`Case 4:O9—cv—O1827 Document 18-2
`
`Filed in TXSD on 07/31/2009
`
`Page 4 of 11
`
`be treated in accordance with this Protective Order. It is the responsibility of counsel for
`each party to maintain materials containing Confidential
`Information or Highly
`Confidential Information in a secure manner and appropriately identified so as to allow
`access to such information only to such persons and under such terms as is permitted
`under this Protective Order.
`
`If no such designation is made at the deposition or within the
`(v)
`fourteen (14) calendar day period following delivery of the transcript, then the entire
`deposition will be considered devoid of Confidential Information or Highly Confidential
`Infonnation.
`
`4.
`
`Inadvertent Failure to Designate.
`
`failure to designate a documents as ““Confidential
`The inadvertent
`A.
`Information” or “Highly Confidential Information” will not be a waiver of a claim that
`the document contains confidential information, and will not prevent the producing party
`from designating such information as confidential at a later date in writing, so long as the
`designation is done with particularity.
`
`In the event a producing party late designates a document as “Confidential
`B.
`Information” or “Highly Confidential Information,” the document must be treated by the
`receiving party as confidential from the time of receipt of the notice of the “Confidential
`Information” or “Highly Confidential Information” designation.
`
`5.
`
`Challenges to Designations.
`
`Infonnation” or “Highly
`A party’s designation of documents “Confidential
`Confidential Information” is not binding if the procedures below are followed:
`
`A receiving party may challenge a producing party’s designation at any
`A.
`time. Any receiving party may request in writing that the producing party change the
`designation. The producing party within fourteen (14) calendar days afier receipt of a
`written challenge, must advise the receiving party whether or not it will change the
`designation.
`
`If the parties are unable to reach agreement after the expiration of this
`B.
`fourteen (14) calendar day period, they shall confer. If they carmot resolve the issue, the
`receiving party may seek an order to alter the confidential status of the designated
`information.
`
`Until the presiding judge has ruled on a dispute under this paragraph, the
`C.
`“Confidential Information” or “Highly Confidential Information” designation will remain
`in full force and effect, and the document continues to be protected by this Protective
`Order.
`
`

`
`Case 4:09-cv-01827 Document 28 Filed in TXSD on 08/28/09 Page 4 of 10
`Case 4:O9—cv—O1827 Document 28 Filed in TXSD on 08/28/09 Page 4 of 10
`
`Case 4:09-cv-01827 Document 18-2
`
`Filed in TXSD on 07/31/2009
`
`Page 5 of 11
`
`6.
`
`Disclosure and Use of Confidential Information.
`
`“Highly
`Information” or
`“Confidential
`Information designated as
`A.
`Confidential Infonnation” may only be used for purposes of preparation, trial, and appeal
`of this action. “Confidential Information” or “Highly Confidential Information” may not
`be used under any circumstances for prosecuting any patent application, for patent
`licensing, or for any other purpose.
`
`Subject to paragraph 9 below, “Confidential Information” may be disclosed
`B.
`by the receiving party only to the following individuals, provided that such individuals
`are informed of the terms of this Protective Order:
`(a) two employees of the receiving
`party who are required in good faith to provide assistance in the conduct of this litigation,
`including any settlement discussions, and who are identified as such in writing to counsel
`for the designating party in advance of the disclosure;
`(b) two in-house counsel who are
`identified by the receiving party;
`(c) outside counsel of record for the receiving party;
`(d) supporting personnel employed by (b) and (e), such as paralegals, legal secretaries,
`data entry clerks,
`legal clerks, and private photocopying services;
`(e) experts or
`consultants; and
`(0 any persons requested by counsel
`to fumish services such as
`document coding, image scanning, mock trial, jury profiling, translation services, court
`reporting services, demonstrative exhibit preparation, or the creation of any computer
`database from documents.
`
`Subject to paragraph 9 below, “Highly Confidential Information” may be
`C.
`disclosed by the receiving party only to the following individuals, provided that such
`individuals are informed of the terms of this Protective Order:
`(a) outside counsel of
`record for the receiving party;
`(b) supporting personnel employed by outside counsel,
`such as paralegals, legal secretaries, data entry clerks, legal clerks, private photocopying
`services;
`(c) experts or consultants; and (d) those individuals designated in paragraph
`6(F)(c) below.
`
`Information” or “Highly
`to disclosing “Confidential
`Further, prior
`D.
`Information” to a receiving party’s proposed expert, consultant, or
`Confidential
`the receiving party must provide to the producing party a signed
`employees,
`Confidentiality Agreement in the form attached as Exhibit A, the resume or curriculum
`vitae of the proposed expert or consultant, the expert or consultant’s business affiliation,
`and any current and past consulting relationships in the industry. The producing party
`will thereafter have fourteen (14) calendar days from receipt of the Confidentiality
`Agreement to object to any proposed individual. The objection must be made for good
`cause and in writing, stating with particularity the reasons for the objection. Failure to
`object within fourteen (14) calendar days constitutes approval. If the parties are unable to
`resolve any objection, the receiving party may apply to the presiding judge to resolve the
`matter. There will be no disclosure to any proposed individual during the fourteen (14)
`day objection period, unless that period is waived by the producing party, or if any
`objection is made, until the parties have resolved the objection, or the presiding judge has
`ruled upon any resultant motion.
`
`

`
`0/
`
`Case 4:09-cv-01827 Document 28 Filed in TXSD on 08/28/09 Page 5 of 10
`Case 4:O9—cv—O1827 Document 28 Filed in TXSD on 08/28/09 Page 5 of 10
`
`Case 4:O9—cv—O1827 Document 18-2
`
`Filed in TXSD on 07/31/2009
`
`Page 6 of 11
`
`Counsel is responsible for the adherence by third-party vendors to the terms
`E.
`and conditions of this Protective Order. Counsel may fulfill this obligation by obtaining
`a signed Confidentiality Agreement in the form attached as Exhibit B.
`
`“Confidential Information” or “Highly Confidential Information” may be
`F.
`disclosed to a person who is not already allowed access to such information under this
`Protective Order
`(a) the information was previously received or authored by the
`person or was authored or received by a director, officer, employee or agent of the
`company for which the person is testifying as a designee under FED. R. CIV. P. 30(b)(6);
`(b) the designating party is the person or is a party for whom the person is a director,
`officer, employee, consultant or agent; or
`(c) counsel for the party designating the
`material agrees that the material may be disclosed to the person.
`
`In the event of disclosure under this section 6(F), only the reporter, the person, his
`or her counsel, the presiding judge, and persons to whom disclosure may be made and
`who are bound by this Protective Order, may be present during the disclosure or
`discussion of Confidential Information.
`
`Disclosure of material pursuant to this section 6(F) does not constitute a waiver of
`the confidential status of the material so disclosed.
`
`7.
`
`Non-Pagty Information.
`
`The existence of this Protective Order must be disclosed to any person producing
`documents, tangible things, or testimony in this action who may reasonably be expected
`to desire confidential treatment for such documents, tangible things or testimony. Any
`such person may designate documents, tangible things, or testimony confidential pursuant
`to this Protective Order.
`
`8.
`
`Filing Documents With the Court.
`
`If any party wishes to submit Confidential Information to the court, the submission
`must be filed only in a sealed envelope bearing the caption of this action and a notice in
`the following form:
`
`

`
`Case 4:09-cv-01827 Document 28 Filed in TXSD on 08/28/09 Page 6 of 10
`Case 4:O9—cv—O1827 Document 28 Filed in TXSD on 08/28/09 Page 6 of 10
`
`Case 4:09-cv-01827 Document 18-2
`
`Filed in TXSD on 07/31/2009
`
`Page 7 of 11
`
`CONFIDENTIAL INFORMATION
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE SOUTHERN DISTRICT OF TEXAS
`HOUSTON DIVISION
`
`WESTERNGECO L.L.C.,
`Plaintiff,
`
`v.
`ION GEOPHYSICAL CORPORATION,
`Defendant.
`
`;
`g
`3
`3
`3
`
`Case No: 4:09-cv-01827
`Hon. Keith P. Ellison
`JURY TRIAL DEMANDED
`I
`
`This envelope, which is being filed under seal,
`contains documents that are subject to a Protective Order
`governing the use of confidential discovery material.
`
`9.
`
`No Prejudice.
`
`Information” or “Highly Confidential
`Producing or receiving “Confidential
`Information,” or otherwise complying with the terms of this Protective Order, will not:
`(a) operate as an admission by any party that any particular “Confidential Information” or
`“Highly Confidential Information” contains or reflects trade secrets or any other type of
`confidential or proprietary information; (b) prejudice the rights of a party to object to the
`production of information or material that the party does not consider to be within the
`scope of discovery;
`(c) prejudice the rights of a party to seek a determination by the
`presiding judge that particular materials be produced;
`((1) prejudice the rights of a party
`to apply to the presiding judge for further protective orders; or
`(e) prevent the parties
`from agreeing in writing to alter or waive the provisions or protections provided for in
`this Protective Order with respect to any particular information or material.
`
`10.
`
`Conclusion of Litigation.
`
`Within sixty (60) calendar days afier final judgment in this action, including the
`exhaustion of all appeals, or within sixty (60) calendar days afier dismissal pursuant to a
`settlement agreement, each party or other person subject to the terms of this Protective
`Order is under an obligation to destroy or return to the producing party all materials and
`documents containing “Confidential Information” or “Highly Confidential Information,”
`and to certify to the producing party that this destruction or return has been done.
`However, outside counsel for any party is entitled to retain all court papers,
`trial
`
`6
`
`

`
`0"!
`
`Case 4:09-cv-01827 Document 28 Filed in TXSD on 08/28/09 Page 7 of 10
`Case 4:O9—cv—O1827 Document 28 Filed in TXSD on 08/28/09 Page 7 of 10
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`Case 4:09-cv-01827 Document 18-2
`
`Filed in TXSD on 07/31/2009
`
`Page 8 of 11
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`transcripts, exhibits, and attorney work provided that any such materials are maintained
`and protected in accordance with the terms of this Protective Order.
`
`11. Other Proceedings.
`
`By entering this Protective Order and limiting the disclosure of information in this
`case, the presiding judge does not intend to preclude another court from finding that
`information may be relevant and subject to disclosure in another case. Any person or
`party subject to this Protective Order who may be subject to a motion to disclose another
`party’s information designated “Confidential” or “Highly Confidential” pursuant to this
`Protective Order must promptly notify that party of the motion so that the party may have
`an opportunity to appear and be heard on whether that information should be disclosed.
`
`12.
`
`Remedies.
`
`It is ORDERED that this Protective Order will be enforced by the sanctions set
`forth in FED. R. CIV. P. 37(a) and any other sanctions as may be available to the presiding
`judge, including the power to hold parties or other violators of this Protective Order in
`contempt. All other remedies available to any person injured by a violation of this
`Protective Order are fully reserved.
`
`13.
`
`Relief from Protective Order.
`
`Any party may petition the presiding judge for good cause shown if the party
`
`desires
`
`relief from a term or condition of this Protective Order.
`
`SignedatHouston, Texas,mis yof
`
`, 2027
`
`
`
`KEITH P. ELLISON
`UNITED STATES DISTRICT JUDGE
`
`

`
`ail
`
`Case 4:09-cv-01827 Document 28 Filed in TXSD on 08/28/09 Page 8 of 10
`Case 4:O9—cv—O1827 Document 28 Filed in TXSD on 08/28/09 Page 8 of 10
`
`Case 4:09-cv-01827 Document 18-2
`
`Filed in TXSD on 07/31/2009
`
`Page 9 of 11
`
`Exhibit A
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE SOUTHERN DISTRICT OF TEXAS
`HOUSTON DIVISION
`
`VIIESTERNGECO L.L.C.,
`Plaintiff,
`
`v.
`ION GEOPHYSICAL CORPORATION,
`Defendant.
`
`;
`i
`3
`;
`é
`
`Case No: 4:09-cv-01827
`Hon. Keith P. Ellison
`JURY TRIAL DEMANDED
`
`
`CONFIDENTIALITY AGREEMENT FOR EXPERT
`CONSULTANT OR EMPLOYEES OF ANY PARTY
`
`I, , under penalty of perjury, 28 U.S.C. § 1746, that:
`
`including documents and things, designated as “Confidential
`Information,
`1.
`Information” or “Highly Confidential Information,” as defined in the Protective Order entered in
`the above-captioned action (“Protective Order”), is being provided to me pursuant to the terms
`and restrictions of the Protective Order.
`
`2.
`
`I have been given a copy of and have read the Protective Order.
`
`I am familiar with the terms of the Protective Order and I agree to comply with
`3.
`and to be bound by its terms.
`
`I submit to the jurisdiction of the United States District Court for the Southern
`4.
`District of Texas for enforcement of the Protective Order.
`
`to use any “Confidential Information” or “Highly Confidential
`I agree not
`5.
`Information” disclosed to me pursuant to the Protective Order except for purposes of the above-
`captioned litigation and not to disclose any of this information to persons other than those
`specifically authorized by the Protective Order, without the express written consent of the party
`who designated the information as confidential or by order of the presiding judge.
`
`I also agree to notify any stenographic, clerical or technical personnel who are
`6.
`required to assist me of the terms of this Protective Order and of its binding effect on them and
`me.
`
`

`
`Case 4:09-cv-01827 Document 28 Filed in TXSD on 08/28/09 Page 9 of 10
`Case 4:O9—cv—O1827 Document 28 Filed in TXSD on 08/28/09 Page 9 of 10
`
`Case 4:09-cv-01827 Document 18-2
`
`Filed in TXSD on 07/31/2009
`
`Page 10 of 11
`
`I understand that I am to retain all documents or materials designated as or
`7.
`containing “Confidential Information” or “Highly Confidential Infonnation” in a secure manner,
`and that all such documents and materials are to remain in my personal custody until the
`completion of my assigned duties in this matter, whereupon all such documents and materials,
`including all copies thereof, and any writings prepared by me containing any “Confidential
`Infonnation” or “Highly Confidential Information” are to be returned to counsel who provided
`me with such documents and materials.
`
`Signed at
`
`,
`
`, this
`
`, day of
`
`, 20_.
`
`Signature
`
`

`
`Case 4:09-cv-01827 Document 28 Filed in TXSD on 08/28/09 Page 10 of 10
`Case 4:O9—cv—O1827 Document 28 Filed in TXSD on 08/28/09 Page 10 of 10
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`Case 4:09-cv-01827 Document 18-2
`
`Filed in TXSD on 07/31/2009
`
`Page 11 of 11
`
`Exhibit B
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE SOUTHERN DISTRICT OF TEXAS
`HOUSTON DIVISION
`
`WESTERNGECO L.L.C.,
`Plaintiff,
`
`v.
`ION GEOPHYSICAL CORPORATION,
`Defendant.
`
`;
`3
`3
`3
`i
`
`Case No: 4:09-cv-01827
`Hon. Keith P. Ellison
`JURY TRIAL DEMANDED
`
`CONFIDENTIALITY AGREEMENT FOR THIRD-PARTY VENDORS
`
`I,
`
`, under penalty of perjury, 28 U.S.C. § 1746, that:
`
`including documents and things, designated as “Confidential
`Information,
`1.
`Information” or “Highly Confidential Information" as defined in the Protective Order entered in
`the above-captioned action (“Protective Order”), is being provided to me pursuant to the terms
`and restrictions of the Protective Order.
`
`2.
`
`I have been given a copy of and have read the Protective Order.
`
`I am familiar with the terms of the Protective Order and I agree to comply with
`3.
`and to be bound by its terms.
`
`I submit to the jurisdiction of the United States District Court for the Southern
`4.
`District of Texas for enforcement of the Protective Order.
`I
`
`Information or Highly Confidential
`to use any Confidential
`I agree not
`5.
`Infomiation disclosed to me pursuant to the Protective Order except for purposes of the above-
`captioned litigation and not to disclose any of this information to persons other than those
`specifically authorized by the Protective Order, without the express written consent of the party
`who designated the information as confidential or by order of the presiding judge.
`
`Signed at
`
`,
`
`, this
`
`day of
`
`20
`
`Signature
`
`

`
`Exhibit B
`
`Exhibit B
`
`
`
`
`
`
`
`

`
`Case 4:13-cv-02725 Document 60 Filed in TXSD on 03/07/14 Page 1 of 1
`Case 4:13—cv—O2725 Document 60 Filed in TXSD on 03/07/14 Page 1 of 1
`
`UNITED STATES DISTRICT COURT
`
`SOUTHERN DISTRICT OF TEXAS
`
`Civil Action H«I3—z725
`
`§ 5
`
`§ §
`
`§
`§
`
`§ §
`
`§
`
`WesternGeco LLC,
`
`Plaintiff,
`
`versus
`
`Petroleum GeorServices, Inc., at al.,
`
`Defendants.
`
`Order Compelling Discovery
`
`I.
`
`By March II, 2014., WesternGeco LLC must give Petroleum Geo~Services:
`
`A.
`
`B.
`
`A chart showing its jobs, invoices, technology, and other elemental data.
`
`A chart explaining how Geo infringes its patents. (54)
`
`2.
`
`If the parties still have not agreed which papers may be submitted to the United States
`
`Patent and Trademark Office, the court will resolve this matter at the hearing on March
`
`18, 2014.
`
`3.
`
`Western may not use the court’s suggestion that the parties narrow their claims to
`
`refuse to produce papers ordered by the court.
`
`Signed on March 7, 2014, at Houston, Texas.
`
` .
`
`Lynn N. Hughes
`United States Districtjudge
`
`

`
`Exhibit C
`
`Exhibit C
`
`
`
`
`
`
`
`

`
`Case -4:13-cv-02725 Document 37‘ Filed in TXSD on 01113114 Page 1 of 5
`
`
`
`SOUTHERN DISTRICT 01: TEXAS
`UNITED STATES DISTRICT COURT
`
`
`WesternGeco Il.C,
`
`Plaintiff,
`
`'UCi‘SU5
`
`Petroleum Geo—Services, Inc., ct czi.,
`
`Defendants.
`
`I-0'IT.6'ILO')T.-0’IT.0')!fl'il0')(0'JT..J)
`
`Civil Action H-I 3-2725
`
`Order Protecting Confidentiality
`
`1.
`
`2.
`
`3.
`
`Purpose. To preserve the legitimate proprietary and privacy interests of sources of
`information, this order establishes aprocedure for disclosing confidential information.
`protecting it, and challenging it.
`
`Information. Information includes the contents of documents, testimony, answers to
`interrogatories, admissions, and data derived from objects other than documents.
`
`Condition. This order covers information that the source designates confidential.
`Something may be designated confidential only when the source reasonably believes it
`is proprietary or otherwise implicates an interest in its security.
`
`4.
`
`Procedure.
`
`A.
`
`B.
`
`Designation. To designate information as confidential, a source must mark it or
`identify it on the record. Either designation may be withdrawn.
`
`Marking. The source must mark each page of documents or each significant
`component of other objects. The deponent will mark deposition transcripts
`and the claimant will mark hearing transcripts. A mark similar to these will be
`used:
`
`ACCESS
`RESTRICTED
`
`USDC SDTX
`
`ACCESS RESTRICTED
`ATTORNEYS ONLY
`U305 SDTX
`
`

`
`Case 4:13—cv-02725 Document 37 Filed in TXSD on 01/13/14 Page 2 of 5
`
`C.
`
`D.
`
`E.
`
`F.
`
`Timing. Documents and other objects must be designated before disclosure.
`Transcripts must be designated within 30 days of receipt; all transcripts are
`confidential for 30 days after receipt.
`'
`
`Application. This order applies to information in this case (a) furnished by
`parties and nonvperties and
`derived from confidential information.
`
`Public. This order does not apply to information that is public.
`
`Errors. Accidental disclosure of information does not waive the confidence;
`those who knowingly receive an inadvertent disclosure must return the
`information to the source immediately and make -no use of it.
`
`5.
`
`Vl/lac. Confidential information may be used only by:
`
`_33.C’5""‘-”’F3."1P°?>
`
`Parties,
`
`The court,
`
`Court reporters (including audio and video)
`Special masters,
`Mediators,
`
`Parties’ counsel,
`
`The direct staff of these people, and
`Others specifically identified in writing by the source.
`
`6.
`
`Attorneys Only.
`
`A.
`
`B.
`
`Access may be further restricted by its being designated for attorneys only.
`Only the attorneys for the parties and source may use information designated
`attorneys only.
`
`This designation is limited to confidential information that could cause
`competitive injury———directly or indirectly.
`
`7.
`
`Wlierc. Confidential information must be used only in this case.
`
`

`
`Case 4:13-ov—02725 Documents? Fiied in TXSD on 01/13114 Page 3 of 5
`
`8.
`
`How.
`
`A.
`
`Acknowledgment. People having access to confidential information must sign an
`aclcnowledgment of this order in a form similar to appendix A.
`
`If confidential information must be
`Filings. N0 PLEADING WILL BE SEALED.
`filed, file it under seal as an appendix to the instrument that refers to it. File as
`little of the source document as possible. References in the instrument must
`be sufiiciently abstract not to disclose the information.
`
`Hearings.
`
`[I]
`
`(2)
`
`References to confidential information in pretrial conferences and
`hearings must be preceded by notice five business days before the court
`appearance that confidential information will be used.
`
`trial on cross-
`information at
`A party may refer to confidential
`examination or rebuttal after requesting a bench conference.
`
`The source must mark the transcripts within 30 days of receipt; if the
`source is not a party, the party using the information must confer with
`the source in the marking.
`
`Dcpositions. Deposition testimony is automatically confidential when
`confidence is asserted at anytime in the deposition; the source must mark the
`transcripts within 30 days of receipt.
`
`Subpoenas. If confidential information is subpoenaed, the source must notify
`the parties in writing that the subpoena covers confidential information. The
`source is responsible for protecting subpoenaed information-'s confidentiality
`under this order and must respond to the subpoena.
`
`Challenges.
`
`A.
`
`Notice and Response. If a party reasonably believes that information should not
`be restricted, it must specify to the source in writing (a) the data and
`its
`grounds for questioning the designation. The source must respond in writing
`within seven business days.
`
`Rulings.
`
`If the party is still not satisfied, it may move the court to lift the
`
`

`
`Case 4:13»cv—02“/25 Document 37 Filed in TXSD on 01/13fi4 Page 4 of 5
`
`designation. Until the court rules, the designation subsists. Ifthe court rules
`that the information should not be restricted, the original designation subsists
`for five business days.
`
`I0.
`
`Return. This order survives the termination of this case. Widtin ninety days of
`termination the parties must
`(:1) return original documents with confidential
`information and
`destroy copies of them.
`
`Signed onjanuary 13. 2.014., at Houston, Texas.
`
`%/«ti/’ilr~~@«»-«-»—-—-=-—»
`
`
`
`Lynn N. Hughes
`United States Districtjudge
`
`

`
`Case 4213-{)V—O2725 Document 37
`
`Fiieei in TXSD on 01/13/14 Page 5 of 5
`
`Appendix A.
`
`
`
`SOUTHERN DISTRICT OF TEXAS
`UNITED STATES DISTRICT COURT
`
`
`WesternGeco LLC,
`
`Plaintifls,
`
`-versus
`
`Petroleum Geo«Services, Inc., ct al.,
`
`Defendants.
`
`'l&"lLJlL7}1'.0')L0"H'.J")T.J")L0'll.0‘]
`
`CIVIL ACTION I-I«I3»27z 5
`
`Acknowledgment of Order on Confidentiality
`
`
`
`Name:
`
`Address:
`
`Telephone:
`
`El Consulting Expert
`C1 Other Witness
`
`El Testifying Expert
`I3 Party Employee
`
`
`
`Role in Lawsuit:
`U Stag to Counsel
`E! Court Reporter
`Aligned with:
`El This party:
`III This non—party:
`
`I have read and acknowledge that I am bound by the order on confidentiality entered
`in this action.
`
`
`Signature
`Date