IPR2016-00118
`Patent 8,155,342
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`_________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`________________
`
`UNIFIED PATENTS INC.
`Petitioner
`
`v.
`
`BLITZSAFE TEXAS, LLC
`Patent Owner
`
`_________________
`
`IPR2016-00118
`Patent 8,155,342
`Multimedia Device Integration System
`_________________
`
`JOINT MOTION TO SEAL AND JOINT PROTECTIVE ORDER
`
`
`
`
`
`
`
`Patent 8,155,342
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`_________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`________________
`
`UNIFIED PATENTS INC.
`Petitioner
`
`v.
`
`BLITZSAFE TEXAS, LLC
`Patent Owner
`
`_________________
`
`IPR2016-00118
`Patent 8,155,342
`Multimedia Device Integration System
`_________________
`
`JOINT MOTION TO SEAL AND JOINT PROTECTIVE ORDER
`
`
`
`
`
`
`
`
`IPR2016-00118
`Patent 8,155,342
`
`I. MOTION TO SEAL
`
`Patent Owner has informed Petitioner that it intends to include highly
`
`confidential and extremely sensitive information in connection with Patent
`
`Owner’s Preliminary Response, including information related to Unified’s core
`
`business. Patent Owner identifies the following documents as central to its
`
`argument in Patent Owner’s Preliminary Response that Petitioner has not identified
`
`all of the real parties in interest in this proceeding. Pursuant to 37 C.F.R. §§ 42.14
`
`and 42.55, the parties hereby jointly move to seal Exhibits 2007-2011, which
`
`contain such information:
`
`Ex. # Exhibit
`
`2007 Member Agreement and Subscription Form
`
`2008 Member Agreement and Subscription Form
`
`2009 Member Agreement and Subscription Form
`
`2010 Member Agreement and Subscription Form
`
`2011 Confidential email from Kevin Jakel to Peter Lambrianakos.
`
`The parties also jointly move to seal Patent Owner’s Preliminary Response
`
`because it cites to and incorporates information from these documents. Exhibits
`
`2007-2011 contain highly confidential and extremely sensitive information related
`
`to Unified’s core business, including the identification of Unified’s members as
`
`- 1 -
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`
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`IPR2016-00118
`Patent 8,155,342
`
`well as the terms of their membership. As discussed in connection with the
`
`Protective Order below, Unified guards such information to protect its members as
`
`well as its own business. Unified has not and would never make this information
`
`publicly available. As discussed in connection with the protective order below,
`
`adverse consequences to Unified would result from public disclosure of this
`
`information.
`
`Unified agrees to publicly file redacted versions of the aforementioned
`
`Exhibits within a reasonable time after the submission of Patent Owner’s
`
`Preliminary Response. Patent Owner agrees to publicly file a redacted version of
`
`its Preliminary Response within a reasonable time after its submission. The parties
`
`believe that doing so will allow the public sufficient information to understand the
`
`record.
`
`In light of the facts that (1) the parties believe that the public will have a
`
`sufficiently complete record upon entry of redacted versions of the exhibits filed
`
`under seal, (2) as discussed below, disclosure of the information would result in
`
`significant harm to Unified, and (3) Patent Owner needs to rely on the information
`
`(as discussed above), the balance of these factors favor sealing, and the parties
`
`request that the aforementioned Exhibits be sealed.
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`- 2 -
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`
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`IPR2016-00118
`Patent 8,155,342
`
`II.
`
`PROTECTIVE ORDER
`
`The parties have agreed upon entry of a Protective Order in this case. The
`
`agreed Protective Order is attached hereto as Exhibit A. The agreed Protective
`
`Order deviates from the Board’s default Protective Order in two respects,
`
`discussed further below.
`
`A.
`
`Limits on persons to whom material may be disclosed
`
`One way in which the agreed Protective Order differs from the Board’s
`
`default Protective Order is that it prohibits in-house counsel or other party
`
`employees from accessing certain classes of confidential information—designated
`
`“HIGHLY CONFIDENTIAL—ATTORNEYS’ EYES ONLY.” The parties
`
`submit that, in light of the reasons discussed above and herein, such limitations are
`
`necessary in this proceeding.
`
`Petitioner characterizes its business as follows: Unified’s core business is
`
`adverse to non-practicing entities (NPEs). It reduces NPE litigation risk by
`
`protecting key technology sectors. Companies in a technology sector subscribe to
`
`Unified’s technology-specific deterrence, and in turn, Unified performs many
`
`NPE-deterrent activities. See Petitioner’s Voluntary Interrogatory Response No. 1.
`
`Unified’s membership list is held in the strictest of confidence because members
`
`fear that if their identity were known, NPEs would retaliate. Such retaliation
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`- 3 -
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`IPR2016-00118
`Patent 8,155,342
`
`potentially subjects Unified’s members to NPE retaliation, including litigation, and
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`would severely impact Unified’s ability to conduct business. That is why such
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`information is subject to confidentiality provisions within the membership
`
`agreements. Unified accordingly seeks heightened protection for such materials
`
`disclosed in connection with this proceeding, and submits that such information
`
`should be kept under seal to protect not only Unified but also its members. These
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`changes do not affect access to confidential information for employees and
`
`representatives of the Patent and Trademark Office who have a need for access to
`
`the confidential information.
`
`B. Application of limits only to confidential information marked
`“CONFIDENTIAL - PROTECTIVE ORDER MATERIAL” or
`“HIGHLY CONFIDENTIAL –ATTORNEYS’ EYES ONLY”
`
`The agreed Protective Order also deviates from the Board’s default
`
`protective order to expressly clarify that the limits in the Board’s protective order
`
`apply only to confidential information that is marked “CONFIDENTIAL -
`
`PROTECTIVE ORDER MATERIAL” or “HIGHLY CONFIDENTIAL –
`
`ATTORNEYS’ EYES ONLY” in this proceeding. This clarifies that any
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`documents produced in other proceedings or produced with different markings will
`
`not be affected by the terms of the Board’s protective order in this proceeding.
`
`Rather, the Protective Order will govern only materials marked “CONFIDENTIAL
`
`- 4 -
`
`
`
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`IPR2016-00118
`
`Patent 8,155,342
`
`- PROTECTIVE ORDER MATERIAL” or “HIGHLY CONFIDENTIAL —
`
`ATTORNEYS’ EYES ONLY” in connection with this proceeding.
`
`With these revisions, noted in redline showing changes from the Board’s
`
`Protective Order in Exhibit B hereto, the parties move for entry of the attached
`
`Protective Order.
`
`/7
`Un'
`'ed)’ate;its Inc.
`/ _
`
`B : / ( /“/
`Pa ‘
`Kizipatric < Townsend & Stockton LLP
`Two Embarcadero Center, Eighth Floor
`San Francisco, CA 9411 1
`phaughey@kilpatricktownsend.com
`
`Scott E. Kolassa
`
`Kilpatrick Townsend & Stockton LLP
`1080 Marsh Road
`
`Menlo Park, CA 94025
`SKolassa@ki1patricktownsend.com
`
`Jonathan Stroud
`
`Unified Patents Inc.
`
`1875 Connecticut Ave., NW. Floor 10
`
`Washington, D.C., 20009
`jonathan@unifiedpatents.com
`
`
`
`IPR2016-00118
`Patent 8,155,342
`
`
`Blitzsafe Texas, LLC
`
`
`
`
`By:
`Peter Lambrianakos (Reg. No. 58,279)
`Brown Rudnick LLP
`7 Times Square
`New York, NY 10036
`plambrianakos@brownrudnick.com
`
`
`
`
`- 6 -
`
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that the foregoing JOINT MOTION TO SEAL
`
`AND JOINT PROTECTIVE ORDER is being served on February 5, 2016, by
`
`e-mail at the following address of record for the subject patent:
`
`Peter Lambrianakos (Reg. No. 58,279)
`Brown Rudnick LLP
`
`7 Times Square
`New York, NY 10036
`plambrianakos@brownrudnick.com
`
`Respectfu11y/./
`
`Dated: February 5, 2016
`
`
`
`_\ /X
`E I/(T) \ >
`
`By:
`
`olassa, Reg. No. 55,337
`.
`Scott
`Kilpa rick Townsend & Stockton LLP
`1080 Marsh Road
`
`Menlo Park, CA 94025
`SKo1assa@kilpatricktownsend.com
`
`
`
`
`
`Exhibit A
`
`Exhibit A
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`UNIFIED PATENTS INC.
`Petitioner
`
`V.
`
`BLITZSAFE TEXAS, LLC
`Patent Owner
`
`IPR2016-00118
`Patent 8,155,342
`Multimedia Device Integration System
`
`PROTECTIVE ORDER
`
`
`
`IPR2016-00118 Protective Order
`Patent 8,155,342
`
`WPIEREAS, Unified Patents, Inc. and Blitzsafe Texas, LLC (collectively
`
`parties” and, as the context requires “party”) are private entities that desire to
`
`keep confidential, in good faith, information that is not reasonably believed to be in
`
`the public domain; and
`
`WHEREAS, to promote fairness and efficiency in this proceeding
`
`without the need to seek a separate protective order for each competitively
`
`sensitive document and/or any competitively sensitive information requested or
`
`exchanged, including, but not limited to, trade secrets or other confidential
`
`research, development or other commercial information, the parties desire to
`
`voluntarily enter into this Protective Order.
`
`NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED,
`
`as follows:
`
`1.
`
`Confidential information” includes information (regardless of how it is
`
`generated, stored or maintained) or tangible things that would qualify for
`
`protection under Federal Rule of Civil Procedure 26(c) or any other
`
`applicable rule of procedure, evidence, and/or substantive law.
`
`2. Confidential Information shall be clearly marked “CONFIDENTIAL -
`
`PROTECTIVE ORDER MATERIAL” or “HIGHLY CONFIDENTIAL -
`
`1
`
`
`
`IPR2016-00118 Protective Order
`Patent 8,155,342
`ATTORNEYS’ EYES ONLY.” Confidential Information shall include
`
`information disclosed by one party to the other, which, if in written, graphic,
`
`machine-readable or other tangible form is marked as “CONFIDENTIAL -
`
`PROTECTIVE ORDER MATERIAL” or “HIGHLY CONFIDENTIAL -
`
`ATTORNEYS’ EYES ONLY” or which, if disclosed orally or by
`
`demonstration, is identified at the time of initial disclosure as confidential.
`
`Confidential Information shall not include any Information which (i) the
`
`parties agree, or the Board rules, is already public knowledge, (ii) the parties
`
`agree, or the Board rules, has become public knowledge other than as a
`
`result of disclosure by the receiving party, or (iii) is in the receiving party’s
`
`legitimate possession independently of the producing party.
`
`3. In the event that Confidential Information is made available for inspection.
`
`marking such infonnation CONFIDENTIAL - PROTECTIVE ORDER
`
`MATERIAL or HIGHLY CONFIDENTIAL - ATTORNEYS’ EYES
`
`ONLY need not be completed with respect to inspected materials until
`
`copies of the materials are produced. Making documents and things
`
`available for inspection shall not constitute a waiver of any claim of
`
`confidentiality, and all materials provided for inspection by the party’s
`
`counsel shall be treated as though designated HIGHLY CONFIDENTIAL -
`
`2
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`
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`IPR2016-00118 Protective Order
`Patent 8,155,342
`ATTORNEYS’ EYES ONLY at the time of the inspection, unless otherwise
`
`agreed by the parties in writing.
`
`4. Any party may challenge a designation of confidentiality at any time. In the
`
`event of a challenge, the parties shall attempt to resolve such challenge in
`
`good faith and must meet and confer directly in voice to voice dialogue in
`
`connection with doing so.
`
`5. HIGHLY CONFIDENTIAL - ATTORNEYS’ EYES ONLY Information
`
`may be disclosed only to:
`
`(a) Outside counsel of record for a party in the proceeding, including
`
`employees of outside counsel of record’s law firm(s) to whom it is
`
`reasonably necessary to disclose this information to assist outside
`
`counsel of record in connection with this proceeding, including
`
`members of their firms, associate attorneys, paralegal, clerical, and
`
`other regular employees of such counsel. All in-house counsel and
`
`other representatives of the parties (other than outside counsel of
`
`record) shall not be allowed to view HIGHLY CONFIDENTIAL -
`
`ATTORNEYS’ EYES ONLY Information.
`
`(b) Experts. Retained experts of a party in the proceeding who are not
`
`employed by any party, not a competitor to any party, and not a
`
`3
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`
`
`IPR2016-00118 Protective Order
`Patent 8,155,342
`consultant for, or employed by, such a competitor with respect to the
`
`subject matter of the proceeding and certify in accordance with and
`
`sign the Standard Acknowledgment for Access to Protective Order
`
`Material (“Acknowledgment”), which is attached to this Protective
`
`Order as Exhibit A.
`
`(c) The Office. Employees and representatives of the Office and Board
`
`who have a need for access to the information shall have such access
`
`without the requirement to sign the 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.
`
`(d) Support Personnel. Administrative assistants, clerical staff, court
`
`reporters, outside copying and exhibit preparation services and other
`
`support personnel of the foregoing persons who are reasonably
`
`necessary to assist those persons in the proceeding and who execute
`
`the Acknowledgement.
`
`6. CONFIDENTIAL - PROTECTIVE ORDER MATERIAL may be disclosed
`
`only to the following individuals:
`
`4
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`
`
`IPR2016-00118 Protective Order
`Patent 8,155,342
`(a) Above Personnel. Those persons or entities identified in paragraph 5
`
`of this Protective Order under the conditions set forth in that
`
`paragraph.
`
`(b) Parties to the Present Proceeding. Persons who are owners of a patent
`
`involved in the proceeding and other persons who are named parties
`
`to the proceeding, who sign the Acknowledgment.
`
`(c) In-house counsel. In-house counsel of a party who signs the
`
`Acknowledgement.
`
`(d) Other Employees of a Party. No more than two (2) employees of each
`
`party who have been designated to assist with this matter who sign the
`
`Acknowledgement.
`
`7. Persons receiving Confidential Information 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
`
`5
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`IPR2016-00118 Protective Order
`Patent 8,155,342
`receiving party uses to maintain the confidentiality of information not
`
`received from the disclosing party;
`
`(c) Ensuring that support personnel of the receiving party 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.
`
`8. 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 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
`
`6
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`IPR2016-00118 Protective Order
`Patent 8,155,342
`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 nonconfidential 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.
`
`(b) Documents and Information Exchanged Among the Parties.
`
`Information designated as Confidential Information that is disclosed
`
`to another party during discovery or other proceedings before the
`
`7
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`
`
`IPR2016-00118 Protective Order
`Patent 8,155,342
`Board shall be clearly marked as “CONFIDENTIAL - PROTECTIVE
`
`ORDER MATERIAL” or “HIGHLY CONFIDENTIAL
`
`ATTORNEYS’ EYES ONLY,” respectively, and shall be exchanged
`
`in a manner that maintains its confidentiality.
`
`9. Unless otherwise provided herein, redacted copies of documents may be
`
`produced where the redacted portions contain privileged matter. Any
`
`redactions must be conspicuous.
`
`10. All Confidential Information, whether marked as “CONFIDENTIAL -
`
`PROTECTIVE ORDER MATERIAL” or “HIGHLY CONFIDENTIAL -
`
`ATTORNEYS’ EYES ONLY,” shall be used only for this proceeding and
`
`shall not be used for any other purpose.
`
`8
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`
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`IPR2016-00118 Protective Order
`Patent 8,155,342
`
`Unified Paints nc.
`
`By:
`Paul C. Mau^w
`Kilpatri(|k Townsend & Stockton LLP
`Two Embarcadero Center, Eighth Floor
`San Francisco, CA 94111
`phaughev@kilpatricktownsend.com
`
`Scott E. Kolassa
`Kilpatrick Townsend & Stockton LLP
`1080 Marsh Road
`Menlo Park, CA 94025
`SKolassa@kilpatricktownsend.com
`
`Jonathan Stroud
`Unified Patents Inc.
`1875 Connecticut Ave., NW. Floor 10
`Washington, D.C., 20009
`i onathan@unifiedpatents. com
`
`Blitzsale
`
`js,
`
`By:
`
`Peter I^mbrianakos (Reg. No. 58,279)
`Brown Rudnick LLP
`7 Times Square
`New York, NY 10036
`plambrianakos@brownrudnick.com
`
`9
`
`
`
`IPR2016-00118 Protective Order
`Patent 8,155,342
`
`EXHIBIT A
`
`UNIFIED PATENTS, INC. v. BLITZSAFE TEXAS LLC
`
`Case IPR2016-00118
`Patent No. 8,155,342
`
`Standard Acknowledgment for Access to Protective Order Material
`
`I
`
`, affirm that I have
`
`read the Protective Order; that I will abide by its ternis; 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 tenns of the
`
`Protective Order and providing remedies for its breach.
`
`Executed on
`
`20_.
`
`
`
`
`
`Exhibit B
`
`Exhibit B
`
`
`
`
`
`DEFAULT UNITED STATES PATENT AND TRADEMARK OFFICE
`
`_________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`________________
`
`UNIFIED PATENTS INC.
`Petitioner
`
`v.
`
`BLITZSAFE TEXAS, LLC
`Patent Owner
`
`_________________
`
`IPR2016-00118
`Patent 8,155,342
`Multimedia Device Integration System
`_________________
`
`
`
`PROTECTIVE ORDER
`The following Standing Protective Order will be automatically entered into
`the proceeding upon the filing of a petition for review or institution of a derivation:
`
`Standing Protective Order
`
`THIS STANDING PROTECTIVE ORDER GOVERNS THE TREATMENT
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`IPR2016-00118 Protective Order
`Patent 8,155,342
`
`WHEREAS, Unified Patents, Inc. and filing ofBlitzsafe Texas, LLC
`
`(collectively “parties” and, as the context requires “party”) are private entities that
`
`desire to keep confidential, in good faith, information that is not reasonably
`
`believed to be in the public domain; and
`
`WHEREAS, to promote fairness and efficiency in this proceeding
`
`without the need to seek a separate protective order for each competitively
`
`sensitive document and/or any competitively sensitive information requested or
`
`exchanged, including documents and testimony., but not limited to, trade secrets or
`
`other confidential research, development or other commercial information, the
`
`parties desire to voluntarily enter into this Protective Order.
`
`1. NOW, THEREFORE, IT IS HEREBY STIPULATED AND
`
`AGREED, as follows:
`
`1. “Confidential information” includes information (regardless of how it is
`
`generated, stored or maintained) or tangible things that would qualify for
`
`protection under Federal Rule of Civil Procedure 26(c) or any other
`
`applicable rule of procedure, evidence, and/or substantive law.
`
`2. Confidential Information shall be clearly marked "“CONFIDENTIAL -
`
`PROTECTIVE ORDER MATERIAL."” or “HIGHLY CONFIDENTIAL –
`
`1
`
`
`
`
`
`
`IPR2016-00118 Protective Order
`
`Patent 8,155,342
`
`ATTORNEYS’ EYES ONLY.” Confidential Information shall include
`
`information disclosed by one party to the other, which, if in written, graphic,
`
`machine-readable or other tangible form is marked as “CONFIDENTIAL -
`
`PROTECTIVE ORDER MATERIAL” or “HIGHLY CONFIDENTIAL –
`
`ATTORNEYS’ EYES ONLY” or which, if disclosed orally or by
`
`demonstration, is identified at the time of initial disclosure as confidential.
`
`Confidential Information shall not include any Information which (i) the
`
`parties agree, or the Board rules, is already public knowledge, (ii) the parties
`
`agree, or the Board rules, has become public knowledge other than as a
`
`result of disclosure by the receiving party, or (iii) is in the receiving party’s
`
`legitimate possession independently of the producing party.
`
`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.
`
`3. (C) In the event that Confidential Information is made available for
`
`inspection, marking such information CONFIDENTIAL - PROTECTIVE
`
`ORDER MATERIAL or HIGHLY CONFIDENTIAL – ATTORNEYS’
`
`2
`
`
`
`
`
`
`IPR2016-00118 Protective Order
`
`Patent 8,155,342
`
`EYES ONLY need not be completed with respect to inspected materials
`
`until copies of the materials are produced. Making documents and things
`
`available for inspection shall not constitute a waiver of any claim of
`
`confidentiality, and all materials provided for inspection by the party’s
`
`counsel shall be treated as though designated HIGHLY CONFIDENTIAL –
`
`ATTORNEYS’ EYES ONLY at the time of the inspection, unless otherwise
`
`agreed by the parties in writing.
`
`4. Any party may challenge a designation of confidentiality at any time. In the
`
`event of a challenge, the parties shall attempt to resolve such challenge in
`
`good faith and must meet and confer directly in voice to voice dialogue in
`
`connection with doing so.
`
`5. HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY Information
`
`may be disclosed only to:
`
`(a) Outside counsel of record for a party in the proceeding, including
`
`employees of outside counsel of record’s law firm(s) to whom it is
`
`reasonably necessary to disclose this information to assist outside
`
`counsel of record in connection with this proceeding, including
`
`members of their firms, associate attorneys, paralegal, clerical, and
`
`other regular employees of such counsel. All in-house counsel and
`
`3
`
`
`
`
`
`
`IPR2016-00118 Protective Order
`
`Patent 8,155,342
`
`other representatives of the parties (other than outside counsel of
`
`record) shall not be allowed to view HIGHLY CONFIDENTIAL –
`
`ATTORNEYS’ EYES ONLY Information.
`
`(b) Experts. Retained experts of a party in the proceeding who further
`
`certify in the Acknowledgement that they are not employed by any
`
`party, not a competitor to any party, orand not a consultant for, or
`
`employed by, such a competitor with respect to the subject matter of
`
`the proceeding and certify in accordance with and sign the Standard
`
`Acknowledgment for Access to Protective Order Material
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`(“Acknowledgment”), which is attached to this Protective Order as
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`Exhibit A.
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`(D) 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
`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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`IPR2016-00118 Protective Order
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`Patent 8,155,342
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`(c) (F) The Office. Employees and representatives of the Office and
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`Board who have a need for access to the confidential information shall
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`have such access without the requirement to sign anthe
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`Acknowledgement. Such employees and representatives shall include
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`the Director, members of the Board and their clerical staff, other
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`support personnel, court reporters, and other persons acting on behalf
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`of the Office.
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`(d) (G) Support Personnel. Administrative assistants, clerical staff, court
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`reporters, outside copying and exhibit preparation services and other
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`support personnel of the foregoing persons who are reasonably
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`necessary to assist those persons in the proceeding shall not be
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`required to sign an Acknowledgement, but shall be informed of the
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`terms and requirements of the Protective Order by the person they are
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`supporting who receives confidential informationand who execute the
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`Acknowledgement.
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`6. 3.CONFIDENTIAL - PROTECTIVE ORDER MATERIAL may be
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`disclosed only to the following individuals:
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`IPR2016-00118 Protective Order
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`Patent 8,155,342
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`(a) Above Personnel. Those persons or entities identified in paragraph 5
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`of this Protective Order under the conditions set forth in that
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`paragraph.
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`(b) Parties to the Present Proceeding. Persons who are owners of a patent
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`involved in the proceeding and other persons who are named parties
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`to the proceeding, who sign the Acknowledgment.
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`(c) In-house counsel. In-house counsel of a party who signs the
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`Acknowledgement.
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`(d) Other Employees of a Party. No more than two (2) employees of each
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`party who have been designated to assist with this matter who sign the
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`Acknowledgement.
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`7. Persons receiving confidential informationConfidential Information shall use
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`reasonable efforts to maintain the confidentiality of the information.,
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`including:
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`(a) (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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`IPR2016-00118 Protective Order
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`Patent 8,155,342
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`(b) (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 recipientreceiving party uses to maintain the
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`confidentiality of information not received from the disclosing party;
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`(c) (C) Ensuring that support personnel of the recipientreceiving party
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`who have access to the confidential informationConfidential
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`Information understand and abide by the obligation to maintain the
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`confidentiality of information received that is designated as
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`confidential; and
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`(d) (D) Limiting the copying of confidential informationConfidential
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`Information to a reasonable number of copies needed for conduct of
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`the proceeding and maintaining a record of the locations of such
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`copies.
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`8. 4. Persons receiving confidential informationConfidential Information shall
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`use the following procedures to maintain the confidentiality of the
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`information:
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`(a) (A) Documents and informationInformation Filed With the Board.
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`(i) (i) A party may file documents or information with the Board
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`under seal, together with a non-confidential description of the
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`IPR2016-00118 Protective Order
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`Patent 8,155,342
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`nature of the confidential informationConfidential Information
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`that is under seal and the reasons why the information is
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`confidential and should not be made available to the public. The
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`submission shall be treated as confidential and remain under
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`seal, unless, upon motion of a party and after a hearing on the
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`issue, or sua sponte, the Board determines that the documents
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`or information do not to qualify for confidential treatment.
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`(ii) (ii) Where confidentiality is alleged as to some but not all of the
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`information submitted to the Board, the submitting party shall
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`file confidential and non-confidentialnonconfidential versions
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`of its submission, together with a Motion to Seal the
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`confidential version setting forth the reasons why the
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`information redacted from the non-confidential version is
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`confidential and should not be made available to the public.
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`The nonconfidential version of the submission shall clearly
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`indicate the locations of information that has been redacted.
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`The confidential version of the submission shall be filed under
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`seal. The redacted information shall remain under seal unless,
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`upon motion of a party and after a hearing on the issue, or sua
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`Patent 8,155,342
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`sponte, the Board determines that some or all of the redacted
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`information does not qualify for confidential treatment.
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`(b) (B) Documents and Information Exchanged Among the Parties.
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`Information designated as confidentialConfidential Information that is
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`disclosed to another party during discovery or other proceedings
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`before the Board shall be clearly marked as “CONFIDENTIAL -
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`PROTECTIVE ORDER MATERIAL"” or “HIGHLY
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`CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” respectively, and
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`shall be producedexchanged in a manner that maintains its
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`confidentiality.
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`(j) Standard Acknowledgement of Protective Order. The following form may
`be used to acknowledge a protective order and gain across to information covered
`by the protective order:
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`[CAPTION]
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`9. Standard AcknowledgementUnless otherwise provided herein, redacted
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`copies of documents may be produced where the redacted portions contain
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`privileged matter. Any redactions must be conspicuous.
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`10. All Confidential Information, whether marked as “CONFIDENTIAL -
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`PROTECTIVE ORDER MATERIAL” or “HIGHLY CONFIDENTIAL –
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`IPR2016-00118 Protective Order
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`Patent 8,155,342
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`ATTORNEYS’ EYES ONLY,” shall be used only for this proceeding and
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`shall not be used for any other purpose.
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`Patent 8,155,342
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`Unified Patents Inc.
`
`
`By:
`Paul C. Haughey
`Kilpatrick Townsend & Stockton LLP
`Two Embarcadero Center, Eighth Floor
`San Francisco, CA 94111
`phaughey@kilpatricktownsend.com
`
`Scott E. Kolassa
`Kilpatrick Townsend & Stockton LLP
`1080 Marsh Road
`Menlo Park, CA 94025
`SKolassa@kilpatricktownsend.com
`
`Jonathan Stroud
`Unified Patents Inc.
`1875 Connecticut Ave., NW. Floor 10
`Washington, D.C., 20009
`jonathan@unifiedpatents.com
`
`Blitzsafe Texas, LLC
`
`
`
`
`By:
`Peter Lambrianakos (Reg. No. 58,279)
`Brown Rudnick LLP
`7 Times Square
`New York, NY 10036
`plambrianakos@brownrudnick.com
`
`
`
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`EXHIBIT A
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`IPR2016-00118 Protective Order
`Patent 8,155,342
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`UNIFIED PATENTS, INC. v. BLITZSAFE TEXAS LLC
`
`Case IPR2016-00118
`Patent No. 8,155,342
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`Standard Acknowledgment for Access to Protective Order Material
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`I _________,__________________________________________, affirm
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`that I have read the Protective Order; that I will abide by its terms; that lI will use
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`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
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`necessary to assist me in this proceeding; that prior to any disclosure to such
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`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
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`Protective Order and I agree to submit to the jurisdiction of the Office and the
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`United States District Court for the Eastern District of Virginia for purposes of
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`enforcing the terms of the Protective Order and providing remedies for its breach.
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`[Signature]
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`Executed on
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`, 20__.
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