`Patent 8,137,757 B2
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`__________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`___________________
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`OWENS CORNING,
`Petitioner
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`v.
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`FAST FELT CORPORATION,
`Patent Owner
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`Case IPR2015-00650
`Patent 8,137,757 B2
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`JOINT MOTION TO ENTER A PROTECTIVE ORDER
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`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
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`Case IPR2015-00650
`Patent 8,137,757 B2
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`Petitioner, Owens Corning, and Patent Owner, Fast Felt Corporation, hereby
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`jointly and respectfully moves for entry of the Default Protective Order provided in
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`Appendix B of the Office Patent Trial Practice Guide, 77 Fed. Reg. 48,756, 48,771
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`(Aug. 14, 2012), filed herewith as Exhibit A, to handle the exchange of
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`supplemental evidence.
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`/James D. Petruzzi/
`James D. Petruzzi
`Registration No. 35,644
`The Petruzzi Law Firm
`4900 Woodway, Suite 745
`Houston, TX 77056
`jpetruzzi@masonpetruzzi.com;
`(713) 840-9993
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`Date: September 24, 2015
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`Date: September 24, 2015
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`/Nenad Pejic/
`Nenad Pejic
`Registration No. 37,415
`Calfee, Halter & Griswold, LLP
`1405 East Sixth Street
`Cleveland, OH 44114
`npejic@calfee.com
`(216) 622-8835
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`Exhibit A
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`Case IPR2015-00650
`Patent 8,137,757 B2
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`Case IPR2015-00650
`Patent 8,137,757 B2
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`__________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`___________________
`
`OWENS CORNING,
`Petitioner
`
`
`
`v.
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`
`
`FAST FELT CORPORATION,
`Patent Owner
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`
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`Case IPR2015-00650
`Patent 8,137,757 B2
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`
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`STANDING PROTECTIVE ORDER
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`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
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`Case IPR2015-00650
`Patent 8,137,757 B2
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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.
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`Confidential information shall be clearly marked “PROTECTIVE
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`ORDER MATERIAL.”
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`2.
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`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
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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,
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`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)
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`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
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`counsel’s support staff, who sign the Acknowledgement shall be extended
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`access to confidential information only upon agreement of the parties or by
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`Case IPR2015-00650
`Patent 8,137,757 B2
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`order of the Board upon a motion brought by the party seeking to disclose
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`confidential information to that person. The party opposing disclosure to that
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`person shall have the burden of proving that such person should be restricted
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`from access to 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
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`without the requirement to sign an Acknowledgement. Such employees and
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`representatives shall include the Director, members of the Board and their
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`clerical staff, other support personnel, court reporters, and other persons
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`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
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`reasonably necessary to assist those persons in the proceeding shall not be
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`required to sign an Acknowledgement, but shall be informed of the terms
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`and requirements of the Protective Order by the person they are supporting
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`who receives confidential information.
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`3.
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`Persons receiving confidential information shall use reasonable efforts
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`to maintain the confidentiality of the information, including:
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`(A) Maintaining such information in a secure location to which persons
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`not authorized to receive the information shall not have access;
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`Case IPR2015-00650
`Patent 8,137,757 B2
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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
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`recipient uses to maintain the confidentiality of information not received
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`from the disclosing 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
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`maintain the confidentiality of information received that is designated as
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`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
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`record of the locations of such copies.
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`4.
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`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
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`under seal, together with a non-confidential description of the nature of the
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`confidential information that is under seal and the reasons why the
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`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,
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`unless, upon motion of a party and after a hearing on the issue, or sua
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`Case IPR2015-00650
`Patent 8,137,757 B2
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`sponte, the Board determines that the documents or information do not to
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`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
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`confidential and nonconfidential versions of its submission, together with a
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`Motion to Seal the confidential version setting forth the reasons why the
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`information redacted from the non-confidential version is confidential and
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`should not be made available to the public. The nonconfidential version of
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`the submission shall clearly indicate the locations of information that has
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`been redacted. The confidential version of the submission shall be filed
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`under seal. The redacted information shall 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 some or all of the redacted information does not qualify for
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`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
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`during discovery or other proceedings before the Board shall be clearly
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`marked as “PROTECTIVE ORDER MATERIAL” and shall be produced in
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`a manner that maintains its confidentiality.
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`Case IPR2015-00650
`Patent 8,137,757 B2
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`__________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`___________________
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`OWENS CORNING,
`Petitioner
`
`v.
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`FAST FELT CORPORATION,
`Patent Owner
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`Case IPR2015-00650
`Patent 8,137,757 B2
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`STANDARD ACKNOWLEDGEMENT FOR ACCESS TO
`PROTECTIVE ORDER MATERIAL
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` __________________________________________, affirm that I have
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` I
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`read the Protective Order; that I will abide by its terms; that I will use the
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`confidential information only in connection with this proceeding and for no other
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`purpose; that I will only allow access to support staff who are reasonably necessary
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`to assist me in this proceeding; that prior to any disclosure to such support staff I
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`informed or will inform them of the requirements of the Protective Order; that I am
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`personally responsible for the requirements of the terms of the Protective Order
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`Case IPR2015-00650
`Patent 8,137,757 B2
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`and I agree to submit to the jurisdiction of the Office and the United States District
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`Court for the Eastern District of Virginia for purposes of enforcing the terms of the
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`Protective Order and providing remedies for its breach.
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`_________________________________
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`Signature
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`_________________________________
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`Date