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`This standing protective order governs the treatment and filing of
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`confidential information, including documents and testimony.
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`1.
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`Confidential information shall be clearly marked "PROTECTIVE
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`ORDER MATERIAL."
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`2.
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`Access to confidential information is limited to the following
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`individuals 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)
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`Party Representatives. Representatives of record for a party
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`in the proceeding.
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`(C)
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`Experts. Retained experts of a party in the proceeding who
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`further certify in the Acknowledgement that they are not a competitor to
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`any party, or a consultant for, or employed by, such a competitor with
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`respect to the subject matter of the proceeding.
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`(D)
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`(E)
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`In house counsel. In house counsel of a party.
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`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
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`house counsel’s support staff, who sign the Acknowledgement shall be
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`Location Labs Exhibit 1120
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`extended access to confidential information only upon agreement of the
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`parties or by order of the Board upon a motion brought by the party seeking
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`to disclose confidential information to that person. The party opposing
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`disclosure to that person shall have the burden of proving that such person
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`should be restricted from access to confidential information.
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`(F)
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`The Office. Employees and representatives of the Office who
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`have a need for access to the confidential information shall have such access
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`without the requirement to sign an Acknowledgement. Such employees and
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`representatives shall include the Director, members of the Board and their
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`clerical staff, other support personnel, court reporters, and other persons
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`acting on behalf of the Office.
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`(G)
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`Support Personnel. Administrative assistants, clerical staff,
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`court 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 supporting
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`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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`(A) Maintaining such information in a secure location to which
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`Location Labs Exhibit 1120
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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
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`confidentiality of the information, which efforts shall be no less rigorous than
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`those the recipient uses to maintain the confidentiality of information not
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`received from the disclosing party;
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`(C)
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`Ensuring that support personnel of the recipient who have
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`access to the confidential information understand and abide by the
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`obligation to maintain the confidentiality of information received that is
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`designated as confidential; and
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`(D) Limiting the copying of confidential information to a
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`reasonable number of copies needed for conduct of the proceeding and
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`maintaining a 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)
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`A party may file documents or information with the Board
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`under 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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`information is confidential and should not be made available to the public.
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`The submission shall be treated as confidential and remain under seal,
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`Location Labs Exhibit 1120
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`unless, upon motion of a party and after a hearing on the issue, or sua
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`sponte, the Board determines that the documents or information do not
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`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 non-
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`confidential version of the submission shall clearly indicate the locations
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`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
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`remain under seal unless, upon motion of a party and after a hearing on
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`the issue, or sua sponte, the Board determines that some or all of the
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`redacted information does not qualify 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
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`during discovery or other proceedings before the Board shall be clearly
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`marked as ‘‘PROTECTIVE ORDER MATERIAL” and shall be
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`produced in a manner that maintains its confidentiality.
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`Location Labs Exhibit 1120
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`Standard 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
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`terms; that I will use the confidential information only in connection with this
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`proceeding and for no other purpose; that I will only allow access to support staff
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`who are reasonably necessary to assist me in this proceeding; that prior to any
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`disclosure to such support staff I informed or will inform them of the requirements
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`of the Protective Order; that I am personally responsible for the requirements of the
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`terms of the Protective Order and I agree to submit to the jurisdiction of the Office
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`and the United States District Court for the Eastern District of Virginia for
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`purposes of enforcing the terms of the Protective Order and providing remedies for
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`its breach.
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`[Signature]
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