`To:
`Cc:
`Subject:
`Date:
`Attachments:
`
`Hunt, Elisabeth
`Steve Sereboff
`Kala Sarvaiya; Noelle Smith; Giunta, Rich
`RE: RPX v AIT additional discovery [A213.L15F15]
`Friday, October 30, 2015 11:03:58 AM
`Standing Protective Order.pdf
`
`Steve,
`
`Thank you for sending your signed acknowledgment of the protective order. As a reminder, the
` terms of the order limit access to confidential information to certain individuals (parties, party
` representatives, experts and in-house counsel) who have executed the acknowledgement. If Kala or
` others are going to see the confidential information, please have them also execute copies of the
` acknowledgment page in compliance with the protective order, and return the signed copies to us.
`
`Regards,
`
`Elisabeth Hunt
`Wolf, Greenfield & Sacks, P.C.
`(617) 646-8443 | (617) 646-8646 fax
`
`From: Steve Sereboff [mailto:SSereboff@socalip.com]
`Sent: Thursday, October 29, 2015 6:24 PM
`To: Hunt, Elisabeth
`Cc: Kala Sarvaiya; Noelle Smith; Giunta, Rich
`Subject: RE: RPX v AIT additional discovery [A213.L15F15]
`
`Elisabeth, thanks. Signed doc is attached. /steve/
`
`
`From: Elisabeth H. Hunt [mailto:Elisabeth.Hunt@WolfGreenfield.com]
`Sent: Thursday, October 29, 2015 10:47 AM
`To: Steve Sereboff
`Cc: Kala Sarvaiya; Noelle Smith; Rich Giunta
`Subject: RE: RPX v AIT additional discovery [A213.L15F15]
`
`Steve and Kala,
`
`Attached is the PTAB’s default standing protective order. Prior to RPX’s production of confidential
` information in connection with AIT’s discovery requests, please have the acknowledgment page
` executed as required, and return the signed acknowledgments to us.
`
`Regards,
`
`Elisabeth Hunt
`Wolf, Greenfield & Sacks, P.C.
`(617) 646-8443 | (617) 646-8646 fax
`
`From: Steve Sereboff [mailto:SSereboff@socalip.com]
`Sent: Tuesday, October 20, 2015 3:27 PM
`
`Page 1 of 10
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`
`
`To: PTAB Rich Giunta; PTAB Elisabeth Hunt
`Cc: Kala Sarvaiya; Anneliese Lomonaco
`Subject: RPX v AIT additional discovery [A213.L15F15]
`
`Rich and Elisabeth,
`
`In accordance with the PTAB’s order in Case IPR2015-01750, Case IPR2015-01751 and Case
` IPR2015-01752, Patent Owner’s requests for production are attached. As a courtesy we have
` attached a Word version as well.
`
`/Steven C. Sereboff/
`ph +1 (805) 230-1356
`mobile +1 (805) 279-0074
`SoCal IP Law Group LLP
`www.socalip.com
`310 N. Westlake Blvd., Suite 120, Westlake Village, CA 91362
`1332 Anacapa St., Suite 201, Santa Barbara, CA 93101
`ssereboff@socalip.com
`
`
`
`Page 2 of 10
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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
`_____________
`
`
`
`STANDING PROTECTIVE ORDER
`
`
`
`
`1 The word-for-word identical Standing Protective Order applies to each of the proceedings identified in the
`heading.
`
`4281953.1
`
`Page 3 of 10
`
`
`
`
`
`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 to confidential information only upon
`
`4281953.1
`
`Page 4 of 10
`
`
`
`
`
`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:
`
`4281953.1
`
`Page 5 of 10
`
`
`
`
`
`(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 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
`
`4281953.1
`
`Page 6 of 10
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`
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`
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`4281953.1
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`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
`
`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 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, the Board
`
`determines that some or all of the redacted information does not
`
`qualify for confidential treatment.
`
`Page 7 of 10
`
`
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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.
`
`(i)
`
`Standard Acknowledgement of Protective Order. The
`
`following form may be used to acknowledge a protective order
`
`and gain access to information covered by the protective order:
`
`
`
`
`
`4281953.1
`
`Page 8 of 10
`
`
`
`
`
`
`
`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
`
`Page 9 of 10
`
`
`
`
`
`
`
`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
`
`Page 10 of 10