PROTECTIVE ORDER FOR PROCEEDING IPR2014-01213
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`This protective order governs the treatment and filing of confidential
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`information, including documents and testimony.
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`1a. Confidential Information shall be clearly marked ‘‘PROTECTIVE
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`ORDER MATERIAL.’’
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`1b. Highly Confidential information shall be clearly marked “HIGHLY
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`CONFIDENTIAL PROTECTIVE ORDER MATERIAL”
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`2a. 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 proceeding
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`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 party, or a
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`consultant for, or employed by, such a competitor with respect to the subject matter
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`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 counsel’s
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`333450-v1/7065-04702
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`This protective order governs the treatment and filing of confidential
`
`information, including documents and testimony.
`
`
`
`1a. Confidential Information shall be clearly marked ‘‘PROTECTIVE
`
`ORDER MATERIAL.’’
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`
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`1b. Highly Confidential information shall be clearly marked “HIGHLY
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`CONFIDENTIAL PROTECTIVE ORDER MATERIAL”
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`2a. 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 proceeding
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`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 party, or a
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`consultant for, or employed by, such a competitor with respect to the subject matter
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`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 counsel’s
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`333450-v1/7065-04702
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`support staff, who sign the Acknowledgement shall be extended access to
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`Confidential Information only upon agreement of the parties or by order of the
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`Board upon a motion brought by the party seeking to disclose Confidential
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`Information to that person. The party opposing disclosure to that person shall have
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`the burden of proving that such person should be restricted from access to
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`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 without the
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`requirement to sign an Acknowledgement. Such employees and representatives
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`shall include the Director, members of the Board and their clerical staff, other
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`support personnel, court reporters, and other 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 reasonably
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`necessary to assist those persons in the proceeding shall not be required to sign an
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`Acknowledgement, but shall be informed of the terms and requirements of the
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`Protective Order by the person they are supporting who receives Confidential
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`Information or Highly Confidential Information.
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`2b. Access to Highly Confidential Information is limited to the following
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`individuals as set forth in ¶¶ 2a(B), (C), (F), and (G).
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`3. Persons receiving Confidential Information or Highly Confidential
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`Information shall use reasonable efforts to maintain the confidentiality of the
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`information, including:
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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 uses to
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`maintain the confidentiality of information not received from the 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 or Highly Confidential Information understand and abide
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`by the obligation to maintain the confidentiality of information received that is
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`designated as confidential; and
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`(D) Limiting
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`the copying of Confidential Information and Highly
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`Confidential Information to a reasonable number of copies needed for conduct of
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`the proceeding and maintaining a record of the locations of such copies.
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`4. Persons receiving Confidential Information or Highly Confidential
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`Information shall use the following procedures to maintain the confidentiality of
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`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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`333450-v1/7065-04702
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`seal, together with a non-confidential description of the nature of the Confidential
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`Information or Highly Confidential Information that is under seal and the reasons
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`why the 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, unless, upon
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`motion of a party and after a hearing on the issue, or sua sponte, the Board
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`determines that the documents or information do not to qualify for confidential
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`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,
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`the Board determines that some or all of the redacted information does not qualify
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`for confidential treatment.
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`(B) Documents and Information Exchanged Among the Parties.
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`Information designated as Confidential Information or Highly Confidential
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`333450-v1/7065-04702
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`Information that is disclosed to another party during discovery or other
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`proceedings before the Board shall be clearly marked as “PROTECTIVE ORDER
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`MATERIAL” or
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`“HIGHLY CONFIDENTIAL PROTECTIVE ORDER
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`MATERIAL” and shall be produced in a manner that maintains its confidentiality.
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`5. Standard Acknowledgement of Protective Order. The form set forth in
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`Exhibit A may be used to acknowledge a protective order and gain access to
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`information covered by the protective order.
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`[Ex. A – Standard Acknowledgement from 77 Fed. Reg. 48756, 48771 (Aug.
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`14, 2012) with modifications as set forth below]
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`Exhibit A
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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 terms;
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`that I will use information governed by the Protective Order only in connection
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`with this proceeding and for no other purpose; that I will only allow access to
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`support staff who are reasonably necessary to assist me in this proceeding; that
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`prior to any disclosure to such support staff I informed or will inform them of the
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`requirements of the Protective Order; that I am personally responsible for the
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`requirements of the terms of the Protective Order and I agree to submit to the
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`333450-v1/7065-04702
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`jurisdiction of the Office and the United States District Court for the Eastern
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`District of Virginia for purposes of enforcing the terms of the Protective Order and
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`providing remedies for its breach.
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`Petitioner certifies that it accepts and agrees to the terms of this Protective
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`Order.
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`Date: June 9, 2015
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`6
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`/s/Rodney B. Carroll
`Rodney B. Carroll (Reg. No. 39,624)
`Jerry C. Harris, Jr. (Reg. No. 66,822)
`Ryan D. Jenlink (Reg. No. 72,907)
`J. Robert Brown, Jr. (Reg. No. 45,438)
`Conley Rose, P.C.
`5601 Granite Parkway, Suite 500
`Plano, TX 75024
`rcarroll@dfw.conleyrose.com
`jcharris@dfw.conleyrose.com
`rjenlink@dfw.conleyrose.com
`rbrown@dfw.conleyrose.com
`Telephone: 972-731-2288
`Facsimile: 972-731-2289
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`By:
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`333450-v1/7065-04702
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`Exhibit A
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`Standard Acknowledgment for Access to Protective Order Material
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`1, Rodney B. Carroll, affirm that I have read the Protective Order; that I will abide
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`by its terms; that I will use information governed by the Protective Order 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 to
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`submit to the jurisdiction of the Office and the United States District Court for the
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`Eastern District of Virginia for purposes of enforcing the terms of the Protective
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`Order and providing remedies for its breach.
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`333451-vl/7065-04702
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`Exhibit A
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`Standard Acknowledgment for Access to Protective Order Material
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`I, Jerry C. Harris, Jr., affirm that I have read the Protective Order; that I will abide
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`by its terms; that I will use information governed by the Protective Order 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 to
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`submit to the jurisdiction of the Office and the United States District Court for the
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`Eastern District of Virginia for purposes of enforcing the terms of the Protective
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`Order and providing remedies for its breach.
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`By:
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`,/-X
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`'
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`Date:
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`I
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`J
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`333451-vl/7065-04702
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`Exhibit A
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`Standard Acknowledgment for Access to Protective Order Material
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`1, Ryan D. Jenlink, affirm that I have read the Protective Order; that I will abide by
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`its terms; that I will use information governed by the Protective Order 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 to
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`submit to the jurisdiction of the Office and the United States District Court for the
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`Eastern District of Virginia for purposes of enforcing the terms of the Protective
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`Order and providing remedies for its breach.
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`(ll QOLF
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`-4l\...m9,
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`Date:
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`333451-v1/7065-04702
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`Exhibit A
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`Standard Acknowledgment for Access to Protective Order Material
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`I, J. Robert Brown, Jr., affirm that I have read the Protective Order; that I will
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`abide by its terms; that I will use information governed by the Protective Order
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`only in connection with this proceeding and for no other purpose; that I will only
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`allow 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 to
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`submit to the jurisdiction of the Office and the United States District Court for the
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`Eastern District of Virginia for purposes of enforcing the terms of the Protective
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`Order and providing remedies for its breach.
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`By:
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`Date:
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`I 7'/K
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`333451-vl/7065-04702
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