`This standing protective order governs the treatment and filing of confidential
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`information, including documents and testimony.
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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
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`who have executed the acknowledgment appended to this order :
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`(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.
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`(B) Party Representatives. Representatives of record for a party in the
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`proceeding.
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`(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
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`party, or a consultant for, or employed by, such a competitor with respect
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`to the subject matter of the proceeding.
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`(D) In-house counsel. In-house counsel of a party.
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`(E) Other Employees of a Party. Employees, consultants or other persons
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`performing work for a party, other than in-house counsel and in-house
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`counsel’s support staff, who sign the Acknowledgement shall be extended
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`ARRIS883IPRI0001569
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`access to confidential information only upon agreement of the parties or by
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`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
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`from access to confidential information.
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`(F) 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
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`without the requirement to sign an Acknowledgement. Such employees
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`and representatives shall include the Director, members of the Board and
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`their clerical staff, other support personnel, court reporters, and other
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`persons acting on behalf of the Office.
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`(G) Support Personnel. Administrative assistants, clerical staff, court
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`reporters and other support personnel of the foregoing persons who are
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`reasonably necessary to assist those persons in the proceeding shall not be
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`required to sign an Acknowledgement, but shall be informed of the terms
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`and requirements of the Protective Order by the person they are
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`supporting who receives confidential 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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`ARRIS883IPRI0001570
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`(A) Maintaining such information in a secure location to which persons not
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`authorized to receive the information shall not have access;
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`(B) Otherwise using reasonable efforts to maintain the confidentiality of the
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`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
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`disclosing party;
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`(C) Ensuring that support personnel of the recipient who have access to the
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`confidential information understand and abide by the obligation to maintain
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`the confidentiality of information received that is designated as confidential;
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`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
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`record of the locations of such copies.
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`4. Persons receiving confidential 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 under
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`seal, 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
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`ARRIS883IPRI0001571
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`information is confidential and should not be made available to the
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`public. The submission shall be treated as confidential and remain
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`under seal, unless, upon motion of a party and after a hearing on the
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`issue, or sua sponte, the Board determines that the documents or
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`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
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`confidential and non-confidential versions of its submission, together
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`with a Motion to Seal the confidential version setting forth the reasons
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`why the information redacted from the non-confidential version is
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`confidential and should not be made available to the public. The
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`nonconfidential version of the submission shall clearly indicate the
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`locations of information that has been redacted. The confidential
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`version of the submission shall be filed under seal. The redacted
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`information shall remain under seal unless, upon motion of a party and
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`after a hearing on the issue, or sua sponte, the Board determines that
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`some or all of the redacted information does not qualify for confidential
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`treatment.
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`(B) Documents and Information Exchanged Among the Parties. Information
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`ARRIS883IPRI0001572
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`designated as confidential that is disclosed to another party during discovery or
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`other proceedings before the Board shall be clearly marked as ‘‘PROTECTIVE
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`ORDER MATERIAL’’ and shall be produced in a manner that maintains its
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`confidentiality.
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`(j) Standard Acknowledgement of Protective Order. The following form
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`may be used to acknowledge a protective order and gain access to information
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`covered by the protective order:
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`ARRIS883IPRI0001573
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`ARRIS GROUP, INC.
`Petitioner
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`v.
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`C-CATION TECHNOLOGIES, LLC
`Patent Owner
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`Case: IPR2014-00746
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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
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`will abide by its terms; that I will use the confidential information only in
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`connection with this proceeding and for no other purpose; that I will only allow
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`access to support staff who are reasonably necessary to assist me in this
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`proceeding; that prior to any disclosure to such support staff I informed or will
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`inform them of the requirements of the Protective Order; that I am personally
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`responsible for the requirements of the terms of the Protective Order and I agree
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`ARRIS883IPRI0001574
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`to submit to the jurisdiction of the Office and the United States District Court
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`for the Eastern District of Virginia for purposes of enforcing the terms of the
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`Protective Order and providing remedies for its breach.
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`Signature: _________________
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`Name: _________________
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`ARRIS883IPRI0001575
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