UNITED STATES PATENT AND TRADEMARK OFFICE
`
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_____________
`
`DAICEL CORPORATION
`Petitioner
`v.
`
`CELANESE INTERNATIONAL CORPORATION
`Patent Owner
`
`_____________
`
`Inter Partes Review No. IPR2015-00171
`Patent No. 8,076,507
`
`____________________________________________________________
`
` PROTECTIVE ORDER
`
`Deleted: STANDING
`
`000001
`
`(cid:44)(cid:51)(cid:53)(cid:21)(cid:19)(cid:20)(cid:24)(cid:16)(cid:19)(cid:19)(cid:20)(cid:26)(cid:20)
`(cid:40)(cid:91)(cid:75)(cid:76)(cid:69)(cid:76)(cid:87)(cid:3)(cid:20)(cid:19)(cid:23)(cid:26)
`
`
`
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_____________
`
`DAICEL CORPORATION
`Petitioner
`v.
`
`CELANESE INTERNATIONAL CORPORATION
`Patent Owner
`
`_____________
`
`Inter Partes Review No. IPR2015-00171
`Patent No. 8,076,507
`
`____________________________________________________________
`
` PROTECTIVE ORDER
`
`Deleted: STANDING
`
`000001
`
`(cid:44)(cid:51)(cid:53)(cid:21)(cid:19)(cid:20)(cid:24)(cid:16)(cid:19)(cid:19)(cid:20)(cid:26)(cid:20)
`(cid:40)(cid:91)(cid:75)(cid:76)(cid:69)(cid:76)(cid:87)(cid:3)(cid:20)(cid:19)(cid:23)(cid:26)
`
`
`
`The following protective order will be entered in the instituted Inter Partes Review,
`
`Deleted: ¶
`This standing
`
`IPR2015-00171, and governs the treatment and filing of confidential information,
`
`including documents and testimony.
`
`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.
`
`(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 subject matter of the
`
`proceeding.
`
`(D) In-house counsel. In-house counsel of a party.
`
`(E) 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
`
`- 2 -
`
`000002
`
`
`
`information to that person. The party opposing disclosure to that person shall have
`
`the burden of proving that such person should be restricted from access to
`
`confidential information.
`
`(F) 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.
`
`(G) 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.
`
`3.The Parties shall have the right to further designate confidential information or
`
`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, contains
`
`information, the disclosure of which is likely to cause significant harm to the
`
`competitive position of the designating party or would violate confidentiality
`
`- 3 -
`
`000003
`
`
`
`agreements with third parties. Access to confidential 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 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
`
`- 4 -
`
`000004
`
`
`
`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:
`
`(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 disclosing party;
`
`(C) Ensuring that support personnel of the recipient who have access to the
`
`confidential information understand and abide by the obligation to maintain the
`
`confidentiality of information received that is designated as confidential; and
`
`(D) Limiting the copying of confidential information to a reasonable number of
`
`copies needed for conduct of the proceeding and maintaining a record of the
`
`locations of such copies.
`
`5. Persons receiving confidential information shall use the following procedures to
`
`maintain the confidentiality of the information:
`
`(A) Documents and Information Filed With the Board.
`
`(i) A party may file documents or information with the Board under seal,
`
`together with a non-confidential description of the nature of the confidential information
`
`- 5 -
`
`000005
`
`
`
`that is under seal and the reasons why the information is confidential and should not be
`
`made available to the public. The submission shall be treated as confidential and remain
`
`under seal, unless, upon motion of a party and after a hearing on the issue, or sua sponte,
`
`the Board determines that the documents or information do not to qualify for confidential
`
`treatment.
`
`(ii) Where confidentiality is alleged as to some but not all of the
`
`information submitted to the Board, the submitting party shall file confidential and non-
`
`confidential versions of its submission, together with a Motion to Seal the confidential
`
`version setting forth the reasons why the information redacted from
`
`the non-confidential version is confidential and should not be made available to the
`
`public. The nonconfidential version of the submission shall clearly indicate the locations
`
`of information that has been redacted. The confidential version of the submission shall be
`
`filed under seal. The redacted information shall remain under 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.
`
`(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.
`
`- 6 -
`
`000006
`
`
`
`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:
`
`- 7 -
`
`000007
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_____________
`
`DAICEL CORPORATION
`Petitioner
`v.
`
`CELANESE INTERNATIONAL CORPORATION
`Patent Owner
`
`_____________
`
`Inter Partes Review No. IPR2015-00171
`Patent No. 8,076,507
`
`____________________________________________________________
`
`Acknowledgment for Access to Protective Order Material
`
`Deleted: Standard
`
`- 8 -
`
`000008
`
`
`
`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]
`
`- 9 -
`
`000009
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