`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________
`
`RPX Corporation,
`Petitioner
`
`v.
`
`Applications In Internet Time LLC,
`Patent Owner
`_____________
`
`Case IPR2015-01750
`Patent 8,484,111 B2
`
`
`
`Case IPR2015-01751
`Case IPR2015-01752
`Patent 7,356,482 B21
`_____________
`
`
`
`STANDING PROTECTIVE ORDER
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`
`
`
`1 The word-for-word identical Standing Protective Order applies to each of the proceedings identified in the
`heading.
`
`4281953.1
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`
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`
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`This standing protective order governs the treatment and filing of
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`confidential information, including documents and testimony.
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`1. Confidential information shall be clearly marked ‘‘PROTECTIVE
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`ORDER MATERIAL.’’
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`2. 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
`
`proceeding and other persons who are named parties to the
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`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
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`to any party, or a consultant for, or employed by, such a competitor
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`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
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`persons performing work for a party, other than in-house counsel and
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`in-house counsel’s support staff, who sign the Acknowledgement
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`shall be extended access to confidential information only upon
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`4281953.1
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`
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`agreement of the parties or by order of the Board upon a motion
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`brought by the party seeking to disclose confidential information to
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`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
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`access to 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
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`access without the requirement to sign an Acknowledgement. Such
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`employees and representatives shall include the Director, members of
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`the Board and their clerical staff, other support personnel, court
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`reporters, and other persons acting on behalf of 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
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`who are reasonably necessary to assist those persons in the proceeding
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`shall not be required to sign an Acknowledgement, but shall be
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`informed of the terms and requirements of the Protective Order by the
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`person they are supporting who receives confidential 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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`4281953.1
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`
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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
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`access;
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`(B) Otherwise using reasonable efforts to maintain the
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`confidentiality of the information, which efforts shall be no less
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`rigorous than those the recipient uses to maintain the confidentiality of
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`information not received from 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
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`obligation to maintain the confidentiality of information received that
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`is designated as confidential; and
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`(D) Limiting the copying of confidential information to a
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`reasonable number of copies needed for conduct of the proceeding
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`and maintaining 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
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`of the nature of the confidential information that is under seal
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`4281953.1
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`4281953.1
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`and the reasons why the information is confidential and should
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`not be made available to the public. The submission shall be
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`treated as confidential and remain under seal, unless, upon
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`motion of a party and after a hearing on the issue, or sua sponte,
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`the Board determines that the documents or information do not
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`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
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`shall file confidential and non-confidential versions of its
`
`submission, together with a Motion to Seal the confidential
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`version setting forth the reasons why the information redacted
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`from the non-confidential version is confidential and should not
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`be made available to the public. The nonconfidential version of
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`the submission shall clearly indicate the locations of
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`information that has been redacted. The confidential version of
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`the submission shall be filed under seal. The redacted
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`information shall remain under seal unless, upon motion of a
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`party and after a hearing on the issue, or sua sponte, the Board
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`determines that some or all of the redacted information does not
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`qualify for confidential treatment.
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`
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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
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`party during discovery or other proceedings before the Board shall be
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`clearly marked as ‘‘PROTECTIVE ORDER MATERIAL’’ and shall
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`be produced in a manner that maintains its confidentiality.
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`(i)
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`Standard Acknowledgement of Protective Order. The
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`following form may be used to acknowledge a protective order
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`and gain access to information covered by the protective order:
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`
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`
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`4281953.1
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________
`
`RPX Corporation,
`Petitioner
`
`v.
`
`Applications In Internet Time LLC,
`Patent Owner
`_____________
`
`Case IPR2015-01750
`Patent 8,484,111 B2
`
`
`
`Case IPR2015-01751
`Case IPR2015-01752
`Patent 7,356,482 B21
`
`_____________
`
`
`
`STANDARD ACKNOWLEDGMENT FOR
`
`ACCESS TO PROTECTIVE ORDER MATERIAL
`
`
`
`
`1 The word-for-word identical Standing Acknowledgement for Access to Protective Order Material applies to each
`of the proceedings identified in the heading.
`
`4281953.1
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`
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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.
`
`
`
`___________________
`Date
`
`
`
`
`
`
`
`
`
`
`
`[Name]
`
`
`
`
`
`
`
`
`
`
`
`4281953.1
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________
`
`RPX Corporation,
`Petitioner
`
`v.
`
`Applications In Internet Time LLC,
`Patent Owner
`_____________
`
`Case IPR2015-01750
`Patent 8,484,111 B2
`
`
`
`Case IPR2015-01751
`Case IPR2015-01752
`Patent 7,356,482 B21
`
`_____________
`
`
`
`STANDARD ACKNOWLEDGMENT FOR
`
`ACCESS TO PROTECTIVE ORDER MATERIAL
`
`
`
`
`1 The word-for-word identical Standing Acknowledgement for Access to Protective Order Material applies to each
`of the proceedings identified in the heading.
`
`4281953.1
`
`
`
`
`
`
`
`(cid:10)(cid:17)(cid:12)(cid:18)(cid:12)(cid:14)(cid:1)(cid:9)(cid:2)(cid:1)(cid:10)(cid:12)(cid:16)(cid:12)(cid:11)(cid:15)(cid:13)(cid:13)
`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.
`
`
`
`(cid:5)(cid:4)(cid:3)(cid:6)(cid:8)(cid:3)(cid:6)(cid:4)(cid:5)(cid:7)
`___________________
`Date
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`[Name] (cid:10)(cid:17)(cid:12)(cid:18)(cid:12)(cid:14)(cid:1)(cid:9)(cid:2)(cid:1)(cid:10)(cid:12)(cid:16)(cid:12)(cid:11)(cid:15)(cid:13)(cid:13)
`
`
`
`
`
`4281953.1
`
`
`
`DocuSign Envelope ID: 137A536B-1AO6—461F-803A-61OFBEB95CEC
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`RPX Corporation,
`
`Petitioner
`
`Applications In Internet Time LLC,
`
`Patent Owner
`
`Case IPR2015—Ol75O
`
`Patent 8,484,111 B2
`
`Case IPR20l5-01751
`
`Case IPR2015—01752
`Patent 7,356,482 B21
`
`STANDARD ACKNOWLEDGMENT FOR
`
`ACCESS TO PROTECTIVE ORDER MATERIAL
`
`1 The word-for-word identical Standing Acknowledgement for Access to Protective Order Material applies to each
`of the proceedings identified in the heading.
`
`4281953.]
`
`
`
`DocuSign Envelope ID: 137A536B-1AO6—461F-803A-61OFBEB95CEC
`
`9
`I Kala sarvaiya
`
`, 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.
`
`11/3/2015
`
`Date
`
`941“ SMWW“
`
`[Name]
`
`4281953.]
`
`
`
`CERTIFICATION OF AGREEMENT TO TERMS OF THE DEFAULT
`
`STANDING PROTECTIVE ORDER
`
`I, Richard F. Giunta, affirm that I am representative of record for Petitioner
`
`RPX Corporation (“RPX”) in IPR201 5-01750, IPR20l5-01751, and IPR2015—
`
`01752. To date, RPX has not received any confidential information of Patent
`
`Owner Applications in Internet Time, LLC (“AIT”) in any of these matters. If AIT
`
`provides any of its confidential information to RPX in the future in these matters, I
`hereby certify that RPX accepts and agrees to the terms of the Default Standing
`
`Protective Order for any AIT confidential information that AIT may provide to
`
`RPX in these matters.
`
`Dated: December 7, 2015
`
`)
`
`Richard F. Giunta
`
`(Registration No.: 36,149)
`Wolf, Greenfield & Sacks, P.C.
`600 Atlantic Avenue
`
`Boston, MA 02210
`
`Attorney for RPX Corporation
`
`
`
`CERTIFICATE OF SERVICE UNDER 37 C.F.R. § 42.6 gE)g41
`
`It is hereby certified that on this 7”‘ day of December, 2015, a copy of the
`
`foregoing document was served via electronic mail, as previously consented to by
`
`Patent Owner upon the following counsel of record:
`
`Steven C. Sereboff (Reg. No. 37,035)
`M. Kala Sarvaiya (Reg. No. 58,912)
`Jonathan Pearce (Reg. No. 60,972)
`SoCal IP Law Group LLP
`310 N. Westlake Boulevard, Suite 120
`
`Westlake Village, CA 91362
`uspto@,socalip.com
`
`
`
`(/..2/.7
`// (I
`
`Richard F. Giunta
`
`Date: December 7, 2015