Proposed Protective Order
`
`This 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.
`
`Patent Owner further contemplates designating “PROTECTIVE ORDER
`
`MATERIAL” as material and information subject to The International Traffic in Arms
`
`Regulations (“ITAR”) found in Title 22 of the Code of Federal Regulations, parts 120 to
`
`130 (“ITAR Restricted Documents”). ITAR Restricted Documents shall be clearly
`
`marked “THIS DOCUMENT CONTAINS TECHNICAL DATA CONTROLLED
`
`UNDER THE INTERNATIONAL TRAFFIC IN ARMS REGULATIONS (ITAR) AND
`
`MAY NOT BE EXPORTED, REEXPORTED, TEMPORARILY IMPORTED,
`
`TRANSFERRED, OR RETRANSFERRED TO ANY NON-U.S. PERSON, COUNTRY
`
`OR ENTITY, BY ANY MEANS, WITHOUT THE APPROPRIATE APPROVAL OF
`
`THE U.S. DEPARTMENT OF STATE, DIRECTORATE OF DEFENSE TRADE
`
`CONTROLS (DDTC)” (“ITAR-RESTRICTED”). A Party shall designate documents,
`
`information or material as “ITAR-RESTRICTED” only upon a good faith belief that the
`
`documents, information or material are subject to restrictions under the ITAR regulations.
`
`Confidential Information and ITAR Restricted Documents shall be collectively referred
`
`to as “Designated Material”).
`
`3.
`
`Access to Confidential Information is limited to the following individuals
`
`who have executed the acknowledgment appended to this order:
`
`
`
`000001
`
`Raytheon 2003
`
`
`
`This 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.
`
`Patent Owner further contemplates designating “PROTECTIVE ORDER
`
`MATERIAL” as material and information subject to The International Traffic in Arms
`
`Regulations (“ITAR”) found in Title 22 of the Code of Federal Regulations, parts 120 to
`
`130 (“ITAR Restricted Documents”). ITAR Restricted Documents shall be clearly
`
`marked “THIS DOCUMENT CONTAINS TECHNICAL DATA CONTROLLED
`
`UNDER THE INTERNATIONAL TRAFFIC IN ARMS REGULATIONS (ITAR) AND
`
`MAY NOT BE EXPORTED, REEXPORTED, TEMPORARILY IMPORTED,
`
`TRANSFERRED, OR RETRANSFERRED TO ANY NON-U.S. PERSON, COUNTRY
`
`OR ENTITY, BY ANY MEANS, WITHOUT THE APPROPRIATE APPROVAL OF
`
`THE U.S. DEPARTMENT OF STATE, DIRECTORATE OF DEFENSE TRADE
`
`CONTROLS (DDTC)” (“ITAR-RESTRICTED”). A Party shall designate documents,
`
`information or material as “ITAR-RESTRICTED” only upon a good faith belief that the
`
`documents, information or material are subject to restrictions under the ITAR regulations.
`
`Confidential Information and ITAR Restricted Documents shall be collectively referred
`
`to as “Designated Material”).
`
`3.
`
`Access to Confidential Information is limited to the following individuals
`
`who have executed the acknowledgment appended to this order:
`
`
`
`000001
`
`Raytheon 2003
`
`
`
`
`
`(A) Counsel of Record. Counsel of record for the parties in the 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) In-house counsel. In-house counsel of a party.
`
`(D) 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.
`
`(E) 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.
`
`(F) Support Personnel. Administrative assistants, clerical staff, court reporters and
`
`other support personnel of the foregoing persons who are reasonably necessary
`
`
`
`000002
`
`
`
`
`
`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.
`
`Subject to all ITAR export and temporary import controls, ITAR Restricted
`
`Documents are further limited to the individuals in paragraph 4 above who are U.S.
`
`Persons (as defined by ITAR §120.15). Notwithstanding anything in this Order, access to
`
`or disclosure or release of ITAR Restricted Documents by any unauthorized person is
`
`controlled by the ITAR, and nothing in this order shall be construed to contravene the
`
`ITAR, without the prior written approval of the U.S. Department of State, Directorate of
`
`Defense Trade Controls, or a violation of the ITAR could result.
`
`5.
`
`“ITAR-RESTRICTED” documents, information and material may not be
`
`exported, reexported, temporarily imported, transferred, or retransferred to any foreign
`
`person (as defined by ITAR § 120.16), country, or entity, by any means, without the
`
`appropriate approval of the U.S. Department of State, Directorate of Defense Trade
`
`Controls. These restrictions also apply to United States citizens and permanent residents
`
`employed by a company or organization that falls within the definition of “foreign
`
`person.” See ITAR § 120.16. United States persons employed by such a foreign
`
`organization or company are not eligible to receive ITAR-controlled information absent
`
`an authorization from the DDTC.
`
`6.
`
`In any instance where information designated as “ITAR-RESTRICTED” is
`
`accessed, the person with such access shall not transfer, carry, or send such information
`
`
`
`000003
`
`
`
`
`
`to a location outside the United States, including via any electronic device or means, nor
`
`otherwise share such information with any person not explicitly authorized to receive
`
`such information as set forth above. “ITAR-RESTRICTED” documents related to this
`
`case containing technical data under the ITAR must be protected from export or transfer
`
`to unauthorized foreign persons, whether located inside or outside of the United States,
`
`including any foreign persons (as defined under these export control regimes) that may be
`
`employed by law firms, consultants, or any other third party involved in this dispute.
`
`Additionally, the furnishing of technical assistance (including the disclosure or release of
`
`ITAR-controlled technical data) may constitute a “defense service,” which also requires
`
`approval. Any disclosure of Raytheon-produced export-controlled technical data, or
`
`furnishing of technical assistance where an authorization is needed but not secured,
`
`constitutes an export violation, which should be disclosed to the Department of State.
`
`Counsel will take all necessary steps to ensure that any “ITAR-RESTRICTED”
`
`documents will only be provided to, or accessible by, U.S. persons employed by Counsel
`
`that have entered an appearance in this case. Counsel also must ensure that only U.S.
`
`persons serving as expert or fact witnesses, or acting on behalf of Counsel as contractors,
`
`vendors, or other service providers, have access to export control restricted Documents.
`
`Additionally, Counsel will take all necessary steps to ensure access to these documents
`
`will be restricted to U.S. Persons (as defined by ITAR §120.15), that these documents
`
`will not be exported to foreign persons or foreign countries, and that no technical
`
`assistance directly related to controlled defense articles or other commodities will be
`
`provided to foreign persons or foreign countries.
`
`
`
`000004
`
`
`
`
`
`7.
`
`The ITAR contains additional provisions relating to the disclosure of any
`
`actual or suspected infractions regarding “ITAR-RESTRICTED” documents and things.
`
`See ITAR § 127.12. Any party aware of actual or suspected ITAR infractions will
`
`immediately inform Raytheon Company.
`
`8.
`
`Persons receiving Designated Material 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
`
`Designated Material understand and abide by the obligation to maintain the
`
`confidentiality of information received that is designated; and
`
`(D) Limiting the copying of Designated Material to a reasonable number of copies
`
`needed for conduct of the proceeding and maintaining a record of the locations
`
`of such copies.
`
`9.
`
`Persons receiving Designated Material shall use the following procedures
`
`to maintain the confidentiality of the information:
`
`(A) Documents and Information Filed With the Board.
`
`
`
`000005
`
`
`
`
`
`(i) A party may file documents or information with the Board under seal,
`
`together with a non-confidential description of the nature of the Designated
`
`Material 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 after notice and
`
`hearing, the Board determines that the documents or information do not to
`
`qualify for confidential treatment and are not ITAR Restricted.
`
`(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 after notice
`
`and hearing, 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. Designated
`
`Material that is disclosed to another party during discovery or other proceedings
`
`
`
`000006
`
`
`
`
`
`before the Board shall be clearly marked as ‘‘PROTECTIVE ORDER
`
`MATERIAL’’ and shall be produced in a manner that maintains its confidentiality.
`
`10. Retained Jurisdiction. The Board shall retain jurisdiction to enforce this Order after
`
`the Final Disposition, unless the Order is vacated.
`
`
`
`
`
`000007
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`SONY CORPORATION,
`Petitioner,
`
`v.
`
`RAYTHEON COMPANY,
`Patent Owner.
`_______________
`
`Case IPR2015-01201
`
`Patent 5,591,678
`_______________
`
`Acknowledgement 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 Designated
`Material 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.
`
`Name (print): _______________________________
`
`Signature: __________________________________
`
`
`
`000008
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