John L. Abramic
`
`312 577 1264
`
`jabramic@steptoe.com
`
`STEPTOE & JOHNSON LLP
`
`115 S. Lasalle Street
`Suite 3100
`
`Chicago. IL 60603
`312 577 1300 main
`www.steptoe com
`
`February 5, 2016
`
`VIA ELlZ("l‘I{0Nl(‘ MAIL
`
`COUNSEL FOR SONY CORPORATION.
`
`Re: Sony Corporation v. Raytheon Company, IPR2015-01201
`
`Dear Counsel:
`
`We are writing to you in light of certain documents and information that Raytheon
`Company may be submitting in connection with its patent owner response in this proceeding. As
`you may know, Raytheon Company is a defense contractor, and many of its products are subject
`to protections under the International Traffic in Arms Regulations (ITAR) and the Export
`Administration Regulations (EAR). See 22 C.F.R. 120-130 (2015); 15 C.F.R. 15.700-799
`
`(2015).
`
`As a result, certain documents related to this proceeding containing technical data under
`the ITAR or EAR (the ITAR- or EAR-Restricted Documents) 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. As
`you may be aware, any disclosure of Raytheon-produced export—controlled technical data or
`furnishing of technical assistance where an authorization is needed but not secured constitutes
`and export violation, which should be disclosed to the Department of State.
`
`Some of the documents to be produced in connection with Patent Owner’s response are
`considered export—controlled under the ITAR or EAR, which means they cannot be exported,
`reexported, or retransferred to foreign persons, as defined by ITAR §l20.16, or to any country
`outside the United States, without a specific or general authorization from the U.S. Department
`of State and/or the U.S. Department of Commerce (whichever export control regime may be
`
`applicable).
`
`

`
`COUNSEL FOR SONY CORPORATION
`February 5, 2016
`
`Page 2
`
`S e 1:
`5.5.2. .I3HN,(3E3
`
`As such, and to ensure absolute compliance with U.S. export regulations, Raytheon
`requests that counsel take all necessary steps to ensure that any lTAR- or EAR-Restricted
`Documents produced by Raytheon will only be provided to or accessible by U.S. persons
`employed by Counsel and working on 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 controlled documents. We will
`designate the documents accordingly.
`
`Please confirm that Counsel will take all necessary steps to ensure access to these
`documents will be restricted to U.S. persons (as defined by ITAR §l20. 1 5), that these documents
`will not 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.
`
`We will work with you to submit a Protective Order to the PTAB to cover proper
`marking and handling of U.S. export-controlled documents. We hope that these provisions will
`facilitate discovery while minimizing the risk that any party inadvertently violates the ITAR or
`the EAR. To the extent you believe or contemplate that foreign persons will need to have access
`to export-controlled documentation or related technical assistance, you must so inform Raytheon
`before any such access is provided and you must cooperate with Raytheon to secure the
`necessary authorizations. Please be advised that such authorizations can take multiple months to
`secure through specific applications/requests placed with the relevant U.S. Government agency.
`Failure to do so can result in civil and criminal penalties.
`
`We ask that you please by February 29, 2016.
`
`Thank you for your cooperation.
`
`Sincerely,
`
`wyzzxsf/d>.\
`
`John L. Abramic