`________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_________________________
`
`PETROLEUM GEO-SERVICES INC.,
`
`Petitioner
`
`v.
`
`WESTERNGECO, L.L.C.,
`
`Patent Owner
`
`________________________
`
`Case IPR2014-01478
`U.S. Patent No. 7,293,520
`________________________
`
`PROPOSED PROTECTIVE ORDER
`(DEFAULT PROTECTIVE ORDER)
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`WESTERNGECO Exhibit 2038, pg. 1
`PGS v WESTERNGECO
`IPR2014-01478
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`Proposed Protective Order
`Case IPR2014-01478
`U.S. PATENT 7,293,520
`
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`STANDING PROTECTIVE ORDER
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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. 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 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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`support staff, who sign the Acknowledgement shall be extended access to
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`2
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`WESTERNGECO Exhibit 2038, pg. 2
`PGS v WESTERNGECO
`IPR2014-01478
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`
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`confidential information only upon agreement of the parties or by order of the
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`Proposed Protective Order
`Case IPR2014-01478
`U.S. PATENT 7,293,520
`
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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.
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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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`3
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`WESTERNGECO Exhibit 2038, pg. 3
`PGS v WESTERNGECO
`IPR2014-01478
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`
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`(A) Maintaining such information in a secure location to which persons
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`Proposed Protective Order
`Case IPR2014-01478
`U.S. PATENT 7,293,520
`
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`not authorized to receive the information shall not have access;
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`(B) Otherwise using reasonable efforts to maintain the confidentiality of
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`the 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 disclosing
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`party;
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`(C) Ensuring that support personnel of the recipient who have access to
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`the confidential information understand and abide by the obligation to maintain the
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`confidentiality of information received that is designated as confidential; 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 record of
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`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 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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`4
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`WESTERNGECO Exhibit 2038, pg. 4
`PGS v WESTERNGECO
`IPR2014-01478
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`
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`confidential and remain under seal, unless, upon motion of a party and after a
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`Proposed Protective Order
`Case IPR2014-01478
`U.S. PATENT 7,293,520
`
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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,
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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 that is disclosed to another party during
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`discovery or other proceedings before the Board shall be clearly marked as
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`“PROTECTIVE ORDER MATERIAL” and shall be produced in a manner that
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`maintains its confidentiality.
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`5
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`WESTERNGECO Exhibit 2038, pg. 5
`PGS v WESTERNGECO
`IPR2014-01478
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`5. Standard Acknowledgement of Protective Order. The form attached as
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`Proposed Protective Order
`Case IPR2014-01478
`U.S. PATENT 7,293,520
`
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`Appendix 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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`6
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`WESTERNGECO Exhibit 2038, pg. 6
`PGS v WESTERNGECO
`IPR2014-01478
`
`
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`Proposed Protective Order
`Case IPR2014-01478
`U.S. PATENT 7,293,520
`
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`Agreed upon by the parties.
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`Respectfully submitted,
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`Petroleum Geo-Services, Inc.
`Petitioner
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`By
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`
`
`
`
`
`/David Berl/
`David Berl
`(Reg. No. 72,751)
`dberl@wc.com
`
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`
`
`
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`Christopher Suarez
`(Reg. No. 72,553)
`Csuarez@wc.com
`
`Williams & Connolly, LLP
`725 12th St., NW
`Washington, DC 20005
`Tel: (202) 434-5491
`Fax: (202) 434-5029
`
`Dated: February 27, 2015
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`WesternGeco L.L.C.
`Patent Owner
`
`
`
`
`
`
`By /Michael L. Kiklis/
`
`
` Michael L. Kiklis
`
`
`(Reg. No. 38,939)
`CPdocketKiklis@oblon.com
`
`
`
`Scott A. McKeown
`
`
`(Reg. No. 42,866)
`CPdocketMcKeown@oblon.com
`
`
`Oblon, McClelland,
`Maier & Neustadt, LLP
`1940 Duke Street
`
`Alexandria, VA 22314
`Tel: (703) 413-3000
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`Fax: (703) 413-2220
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`
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`
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`Dated: March 2, 2015
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`7
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`WESTERNGECO Exhibit 2038, pg. 7
`PGS v WESTERNGECO
`IPR2014-01478
`
`
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`APPENDIX A
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_________________________
`
`PETROLEUM GEO-SERVICES INC.,
`
`Petitioner
`
`v.
`
`WESTERNGECO, L.L.C.,
`
`Patent Owner
`
`________________________
`
`Case IPR2014-01478
`U.S. Patent No. 7,293,520
`________________________
`
`Standard Acknowledgment for Access to Protective Order Material
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`WESTERNGECO Exhibit 2038, pg. 8
`PGS v WESTERNGECO
`IPR2014-01478
`
`
`
`Standard Acknowledgment for Access to Protective Order Material
`
`Case IPR2014-01478
`U.S. PATENT 7,293,520
`
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`I ________________________, affirm that I have read the Protective Order;
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`that I will abide by its terms;
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`that I will use the confidential information only in connection with this
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`proceeding and for no other purpose;
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`that I will only allow access to support staff who are reasonably necessary to
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`assist me in this proceeding;
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`that prior to any disclosure to such support staff I informed or will inform
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`them of the requirements of the Protective Order;
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`that I am personally responsible for the requirements of the terms of the
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`Protective Order and I agree to submit to the jurisdiction of the Office and the
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`United States District Court for the Eastern District of Virginia for purposes of
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`enforcing the terms of the Protective Order and providing remedies for its breach.
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`SIGNED this _______ day of _________________________ 20____ at
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`______________________________________.
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`____________________________
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`(signature)
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`__________________________
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`(print name)
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`
`
`2
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`WESTERNGECO Exhibit 2038, pg. 9
`PGS v WESTERNGECO
`IPR2014-01478