UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`THE MANGROVE PARTNERS MASTER FUND, LTD.,
`
`Petitioner,
`
`v. VIRNETX INC.,
`
`Patent Owner.
`
`Case IPR2015-01046
`
`Patent 6,502,135 B2
`
`PROPOSED PROTECTIVE ORDER
`(DEFAULT PROTECTIVE ORDER)
`
`1
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`THE MANGROVE PARTNERS MASTER FUND, LTD.,
`
`Petitioner,
`
`v. VIRNETX INC.,
`
`Patent Owner.
`
`Case IPR2015-01046
`
`Patent 6,502,135 B2
`
`PROPOSED PROTECTIVE ORDER
`(DEFAULT PROTECTIVE ORDER)
`
`1
`
`
`
`STANDING PROTECTIVE ORDER
`
`This standing protective order 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 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
`
`
`
`Proposed Protective Order
`Case IPR2015-01046
`U.S. Patent No. 6,502,135
`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 shall be informed of the terms and requirements of the
`
`Protective Order by the person they are supporting who receives confidential
`
`information.
`
`3.
`
`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
`
`3
`
`
`
`Proposed Protective Order
`Case IPR2015-01046
`U.S. Patent No. 6,502,135
`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.
`
`4.
`
`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 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
`
`4
`
`
`
`Proposed Protective Order
`Case IPR2015-01046
`U.S. Patent No. 6,502,135
`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 non-confidential 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.
`
`5.
`
`Standard Acknowledgement of Protective Order. The form attached as
`
`Appendix A may be used to acknowledge a protective order and gain access to
`
`information covered by the protective order.
`
`Agreed upon by the parties.
`
`5
`
`
`
`Proposed Protective Order
`Case IPR2015-01046
`U.S. Patent No. 6,502,135
`
`THE MANGROVE PARTNERS
`MASTER FUND, LTD.
`Petitioner
`By /Abraham Kasdan/
`Abraham Kasdan
`(Reg. No. 32,997)
`akasdan@wiggin.com
`Counsel for Petitioner
`
`Dated: March 3, 2016
`
`6
`
`
`
`APPENDIX A
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`THE MANGROVE PARTNERS MASTER FUND, LTD.,
`
`Petitioner,
`
`v. VIRNETX INC.,
`
`Patent Owner.
`
`Case IPR2015-01046
`
`U.S. Patent No. 6,590,135
`
`Standard Acknowledgment for Access to Protective Order Material
`
`
`
`Case IPR2015-01046
`U.S. Patent No. 6,590,135
`
`Standard Acknowledgment for Access to Protective Order Material
`
`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.
`
`SIGNED this
`
`day of
`
`20
`
`at
`
`.
`
`(signature)
`
`(print name)
`
`
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