`Filed By: Donald R. Steinberg, Reg. No. 37,241
`David L. Cavanaugh, Reg. No. 36,476
`Michael H. Smith, Reg. No. 71,190
`60 State Street,
`Boston, Massachusetts 02109
`Tel: (617) 526-6000
`Email: Don.Steinberg@wilmerhale.com
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` David.Cavanaugh@wilmerhale.com
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` MichaelH.Smith@wilmerhale.com
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________________________________________
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`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________________________________________
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`
`
`ASML NETHERLANDS B.V., EXCELITAS TECHNOLOGIES CORP., AND QIOPTIQ
`PHOTONICS GMBH & CO. KG,
`Petitioners
`
`v.
`
`ENERGETIQ TECHNOLOGY, INC.,
`Patent Owner.
`
`Case IPR2015-01362
`
`
`
`DEFAULT STANDING PROTECTIVE ORDER AND
`PETITIONERS’ CERTIFICATION OF AGREEMENT TO TERMS OF
`DEFAULT STANDING PROTECTIVE ORDER
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`IPR2015-01362
`Default Standing Protective Order
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`DEFAULT STANDING PROTECTIVE ORDER
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`This standing protective order governs the treatment and filing of
`confidential information, including documents and testimony.
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`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:
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`(A) Parties. Persons who are owners of a patent involved in the
`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 proceeding.
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`(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.
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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 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
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`IPR2015-01362
`Default Standing Protective Order
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`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.
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`(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.
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`(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.
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`3.
`Persons receiving confidential information shall use reasonable efforts
`to maintain the confidentiality of the information, including:
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`(A) Maintaining such information in a secure location to which
`persons not authorized to receive the information shall not have access;
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`(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;
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`IPR2015-01362
`Default Standing Protective Order
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`(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.
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`4.
`Persons receiving confidential information shall use the following
`procedures to maintain the confidentiality of the information:
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`(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.
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`(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
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`IPR2015-01362
`Default Standing Protective Order
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`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.
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`(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.
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`Standard Acknowledgment for Access to Protective Order Material
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`IPR2015-01362
`Default Standing Protective Order
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`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.
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`
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`Dated: __________________________________
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`
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`Signed: _________________________________
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`IPR2015-01362
`Default Standing Protective Order
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`Petitioners’ Certification of Agreement to Terms of Default Standing
`Protective Order
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`
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`I, Donald R. Steinberg, affirm that I am the representative of record for
`Petitioners ASML Netherlands B.V., Excelitas Technologies Corp., and Qioptiq
`Photonics GmbH & Co., KG (“Petitioners”) in inter partes review trial no.
`IPR2015-01362. I hereby certify that Petitioners accept and agree to the terms of
`the Default Standing Protective Order.
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`
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`Date: March 1, 2016
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`Respectfully submitted,
`
`/Donald R Steinberg/
`Donald R. Steinberg
`Registration No. 37,241
`Lead Counsel for Petitioners
`Wilmer Cutler Pickering
` Hale & Dorr LLP
`Tel: 617-526-6453
`Fax: 617-526-5000
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`IPR2015-01362
`Default Standing Protective Order
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`CERTIFICATE OF SERVICE
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`I hereby certify that on March 2, 2016, I caused a true and correct copy of the
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`following materials:
`
` DEFAULT STANDING PROTECTIVE ORDER AND
`PETITIONERS’ CERTIFICATION OF AGREEMENT TO TERMS
`OF DEFAULT STANDING PROTECTIVE ORDER
`
`to be served by electronic mail to the following address:
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`
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`PTABMattersBoston@proskauer.com.
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`Respectfully Submitted,
`
`_/Arthur Shum/_____________
`Arthur Shum
`Limited Recog. No. L0904
`Wilmer Cutler Pickering
`
`Hale & Dorr LLP
`Tel: 617-526-6453
`Fax: 617-526-5000
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