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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`ZHONGSHAN BROAD OCEAN MOTOR CO., LTD.; BROAD OCEAN
`MOTOR, LLC; AND BROAD OCEAN TECHNOLOGIES, LLC
`Petitioners
`
`v.
`
`NIDEC MOTOR CORPORATION
`Patent Owner
`
`
`
`Case No. IPR2014-01121
`U.S. Patent No. 7,626,349
`
`
`
`PROTECTIVE ORDER
`
`
`
`-
`
`Nidec Motor Corporation
`IPR2014-01121
`
`Exhibit 2001 - 1
`
`
`
`The following protective order will be entered into the instituted Inter Partes
`
`Review, Zhongshan Broad Ocean Motor Co., Ltd.,; Broad Ocean Motor, LLC; and
`
`Broad Ocean Technologies, LLC v. Nidec Motor Corporation (IPR2014-01121),
`
`and governs the treatment and filing of confidential information, including
`
`documents and testimony.
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`1. Confidential information shall be clearly marked “PROTECTIVE ORDER
`
`MATERIAL.”
`
`2. Access to confidential information marked “PROTECTIVE ORDER
`
`MATERIAL” 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.
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`(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
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`subject matter of the proceeding.
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`(D) In-house counsel. In-house counsel of a party.
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`(E) Foreign Counsel. Any counsel located outside the United States of
`
`America that are retained by the Petitioners, in the instant proceeding,
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`partners, associates, contract lawyers, employees, and staff of such counsel
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`to whom it is reasonably necessary to disclose the information for this
`
`-
`
`
`
`Nidec Motor Corporation
`IPR2014-01121
`
`Exhibit 2001 - 2
`
`
`
`proceeding, including support staff such as paralegals, legal translators,
`
`secretaries, and legal clerks.
`
`(F) 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
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`that person shall have the burden of proving that such person should be
`
`restricted from access to confidential information.
`
`(G) 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.
`
`(H) 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.
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`3. The Parties shall have the right to further designate confidential information or
`
`-
`
`
`
`Nidec Motor Corporation
`IPR2014-01121
`
`Exhibit 2001 - 3
`
`
`
`portions of confidential information as “PROTECTIVE ORDER MATERIAL -
`
`ATTORNEY’S EYES ONLY.” The “PROTECTIVE ORDER MATERIAL -
`
`ATTORNEY’S EYES ONLY” shall be limited to such documents, materials,
`
`testimony, or information that the designating party believes, in good faith,
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`contains information, the disclosure of which is likely to cause significant harm
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`to the competitive position of the designating party or would violate
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`confidentiality agreements with third parties. Access to confidential
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`information marked “PROTECTIVE ORDER MATERIAL - ATTORNEY’S
`
`EYES ONLY” is limited to the following individuals who have executed the
`
`acknowledgment appended to this order:
`
`(A) Outside Counsel. (i) outside counsel who appear on the pleadings as
`
`counsel for a Party, and (ii) partners, associates, employees, and staff of
`
`such counsel to whom it is reasonably necessary to disclose the information
`
`for this proceeding, including supporting personnel employed by the
`
`attorneys, such as paralegals, legal translators, legal secretaries, and legal
`
`clerks, or (iii) independent attorneys contracted to assist outside counsel in
`
`connection with this proceeding.
`
`(B) 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.
`
`(C) The Office. Employees and representatives of the Office who have a
`
`need for access to the confidential information shall have such access
`
`-
`
`
`
`Nidec Motor Corporation
`IPR2014-01121
`
`Exhibit 2001 - 4
`
`
`
`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.
`
`(D) 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.
`
`4. Persons receiving confidential information shall use reasonable efforts to
`
`maintain the confidentiality of the information, including:
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`(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
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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;
`
`and
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`(D) Limiting the copying of confidential information to a reasonable
`
`-
`
`
`
`Nidec Motor Corporation
`IPR2014-01121
`
`Exhibit 2001 - 5
`
`
`
`number of copies needed for conduct of the proceeding and maintaining a
`
`record of the locations of such copies.
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`5. Persons receiving confidential information shall use the following procedures to
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`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 confidential
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`information that is under seal and the reasons why the information is confidential
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`and should not be made available to the public. The submission shall be treated as
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`confidential and remain under seal, unless, upon motion of a party and after a
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`hearing on the 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 confidential and
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`non-confidential versions of its submission, together with a Motion to Seal the
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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,
`
`the Board determines that some or all of the redacted information does not qualify
`
`for confidential treatment.
`
`-
`
`
`
`Nidec Motor Corporation
`IPR2014-01121
`
`Exhibit 2001 - 6
`
`
`
`(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.
`
`Standard Acknowledgement of Protective Order. The following form is to
`
`be used to acknowledge a protective order and gain access to information covered
`
`by the protective order:
`
`
`
`
`-
`
`
`
`Nidec Motor Corporation
`IPR2014-01121
`
`Exhibit 2001 - 7
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`ZHONGSHAN BROAD OCEAN MOTOR CO., LTD.; BROAD OCEAN
`MOTOR, LLC; AND BROAD OCEAN TECHNOLOGIES, LLC
`Petitioners
`
`v.
`
`NIDEC MOTOR CORPORATION
`Patent Owner
`
`
`
`Case No. IPR2014-01121
`U.S. Patent No. 7,626,349
`
`
`
`Acknowledgment for Access to Protective Order Material
`
`-
`
`
`
`Nidec Motor Corporation
`IPR2014-01121
`
`Exhibit 2001 - 8
`
`
`
`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.
`
`
`
` _______________________
`
` [Signature]
`
` _______________________
`
` [Name]
`
` _______________________
`
` [Date]
`
`
`
`
`
`
`
`
`
`-
`
`Nidec Motor Corporation
`IPR2014-01121
`
`Exhibit 2001 - 9
`
`