Exhibit 1048
`
`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
`
`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:27)
`
`
`
`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
`
`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:27)
`
`
`
`Exhibit 1048
`
`The following protective order will be entered in the instituted Inter Partes Review,
`
`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.
`
`(cid:3)
`
`-2-
`
`000002
`
`
`
`(cid:3)
`
`(cid:3)
`
`Exhibit 1048
`
`(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 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
`
`-3-
`
`000003
`
`
`
`Exhibit 1048
`
`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 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
`
`-4-
`
`000004
`
`(cid:3)
`
`(cid:3)
`
`
`
`(cid:3)
`
`(cid:3)
`
`Exhibit 1048
`
`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 necessary to assist those persons in the proceeding
`
`shall not be required to sign an Acknowledgement, but shall be
`
`-5-
`
`000005
`
`
`
`informed of the terms and requirements of the Protective Order by the
`
`person they are supporting who receives confidential information.
`
`Exhibit 1048
`
`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.
`
`-6-
`
`000006
`
`(cid:3)
`
`(cid:3)
`
`
`
`Exhibit 1048
`
`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 that is under seal and the
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`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
`
`-7-
`
`000007
`
`(cid:3)
`
`(cid:3)
`
`
`
`(cid:3)
`
`Exhibit 1048
`
`(iii) 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.
`
`(cid:3)
`
`-8-
`
`000008
`
`
`
`Exhibit 1048
`
`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
`
`(cid:3)
`
`000009
`
`
`
`Exhibit 1048
`
`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]
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`(cid:3)
`
`000010
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