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`______________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`_______________
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`J SQUARED, INC. d/b/a UNIVERSITY LOFT COMPANY
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`Petitioner
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`v.
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`SAUDER MANUFACTURING COMPANY
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`Patent Owner
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`_______________
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`Case IPR2015-00958
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`Patent No. 8,585,136
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`CHAIR WITH COUPLING
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`COMPANION STOOL BASE
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`_______________
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`PROTECTIVE ORDER
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`Finding good cause exists to enter a Protective Order governing the
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`disclosure and treatment of confidential information produced in this inter partes
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`review, it is ordered:
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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
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`the proceeding.
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`(C) Experts. Retained experts of a party in the proceeding who
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`further 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 subject
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`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
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`persons 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 access
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`to 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
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`have a 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 clerical
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`staff, other support personnel, court reporters, and other persons acting on behalf of
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`the Office.
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`(G) Support Personnel. Administrative assistants, clerical staff,
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`court 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 required
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`to sign an Acknowledgement, but shall be informed of the terms and requirements
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`of the Protective Order by the person they are supporting who receives confidential
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`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
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`persons not authorized to receive the information shall not have access;
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`(B) Otherwise using
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`reasonable
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`efforts
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`to maintain
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`the
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`confidentiality of the information, which efforts shall be no less rigorous than those
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`the recipient uses to maintain the confidentiality of information not received from
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`the disclosing party;
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`(C) Ensuring that support personnel of the recipient who have
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`access to 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
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`the copying of confidential
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`information
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`to a
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`reasonable number of copies needed for conduct of the proceeding and maintaining
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`a 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
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`Board 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 information is
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`confidential and should not be made available to the public. The submission shall
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`be treated as confidential and remain under seal, unless, upon motion of a party
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`and after a hearing on the issue, or sua sponte, the Board determines that the
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`documents or information do not to qualify for confidential treatment.
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`(ii) Where confidentiality is alleged as to some but not all of
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`the information submitted to the Board, the submitting party shall file confidential
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`and 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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`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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`J SQUARED, INC. d/b/a UNIVERSITY LOFT COMPANY
`
`Petitioner
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`v.
`
`SAUDER MANUFACTURING COMPANY
`
`Patent Owner
`
`_______________
`
`
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`Case IPR2015-00958
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`Patent No. 8,585,136
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`CHAIR WITH COUPLING
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`COMPANION STOOL BASE
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`_______________
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`ACKOWLEDGMENT FOR ACCESS TO
`PROTECTIVE ORDER MATERIAL
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`I, William F. Bahret, affirm that I have read the Protective Order; that I will
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`abide by its terms; that I will use the confidential information 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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`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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`Dated: November 23, 2015
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`/s/William F. Bahret
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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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`
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`J SQUARED, INC. d/b/a UNIVERSITY LOFT COMPANY
`
`Petitioner
`
`v.
`
`SAUDER MANUFACTURING COMPANY
`
`Patent Owner
`
`_______________
`
`
`
`Case IPR2015-00958
`
`Patent No. 8,585,136
`
`
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`CHAIR WITH COUPLING
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`COMPANION STOOL BASE
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`_______________
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`ACKOWLEDGMENT FOR ACCESS TO
`PROTECTIVE ORDER MATERIAL
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`-3-
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`I, Thomas N. Young, affirm that I have read the Protective Order; that I will
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`abide by its terms; that I will use the confidential information 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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`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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`Dated: November 23, 2015
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`/s/Thomas N. Young
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