UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`UNIFIED PATENTS INC.
`
`Petitioner
`
`BLITZSAFE TEXAS, LLC
`
`Patent Owner
`
`IPR2016-00118
`
`Patent 8,155,342
`Multimedia Device Integration System
`
`PROTECTIVE ORDER
`
`PETITIONER - UNIFIED PATENTS, INC. - EXHIBIT 1020 - Page 1
`PETITIONER — UNIFIED PATENTS, INC. — EXHIBIT 1020 — Page 1
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`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`UNIFIED PATENTS INC.
`
`Petitioner
`
`BLITZSAFE TEXAS, LLC
`
`Patent Owner
`
`IPR2016-00118
`
`Patent 8,155,342
`Multimedia Device Integration System
`
`PROTECTIVE ORDER
`
`PETITIONER - UNIFIED PATENTS, INC. - EXHIBIT 1020 - Page 1
`PETITIONER — UNIFIED PATENTS, INC. — EXHIBIT 1020 — Page 1
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`
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`IPR2016-001 18 Protective Order
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`Patent 8,155,342
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`WHEREAS, Unified Patents, Inc. and Blitzsafe Texas, LLC (collectively
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`“parties” and, as the context requires “party”) are private entities that desire to
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`keep confidential, in good faith, infonnation that is not reasonably believed to be in
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`the public domain; and
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`WHEREAS, to promote fairness and efficiency in this proceeding
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`without the need to seek a separate protective order for each competitively
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`sensitive document and/or any competitively sensitive information requested or
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`exchanged, including, but not limited to, trade secrets or other confidential
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`research, development or other commercial information, the parties desire to
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`voluntarily enter into this Protective Order.
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`NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED,
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`as follows:
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`1. “Confidential information” includes information (regardless of how it is
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`generated, stored or maintained) or tangible things that would qualify for
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`protection under Federal Rule of Civil Procedure 26(0) or any other
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`applicable rule of procedure, evidence, and/or substantive law.
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`2. Confidential Information shall be clearly marked “CONFIDENTIAL -
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`PROTECTIVE ORDER MATERIAL” or “HIGHLY CONFIDENTIAL —
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`PETITIONER - UNIFIED PATENTS, INC. - EXHIBIT 1020 - Page 2
`PETITIONER — UNIFIED PATENTS, INC. — EXHIBIT 1020 — Page 2
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`
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`IPR201 6-001 18 Protective Order
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`Patent 8,155,342
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`ATTORNEYS’ EYES ONLY.” Confidential Information shall include
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`information disclosed by one party to the other, which, if in written, graphic,
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`machine-readable or other tangible form is marked as “CONFIDENTIAL -
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`PROTECTIVE ORDER MATERIAL” or “HIGHLY CONFIDENTIAL —
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`ATTORNEYS’ EYES ONLY” or which, if disclosed orally or by
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`demonstration, is identified at the time of initial disclosure as confidential.
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`Confidential Information shall not include any Information which (i) the
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`parties agree, or the Board rules, is already public knowledge, (ii) the parties
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`agree, or the Board rules, has become public knowledge other than as a
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`result of disclosure by the receiving party, or (iii) is in the receiving party’s
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`legitimate possession independently of the producing party.
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`. In the event that Confidential Information is made available for inspection,
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`marking such information CONFIDENTIAL - PROTECTIVE ORDER
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`MATERIAL or HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES
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`ONLY need not be completed with respect to inspected materials until
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`copies of the materials are produced. Making documents and things
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`available for inspection shall not constitute a waiver of any claim of
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`confidentiality, and all materials provided for inspection by the party’s
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`counsel shall be treated as though designated HIGHLY CONFIDENTIAL —
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`PETITIONER - UNIFIED PATENTS, INC. - EXHIBIT 1020 - Page 3
`PETITIONER — UNIFIED PATENTS, INC. — EXHIBIT 1020 — Page 3
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`
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`ATTORNEYS’ EYES ONLY at the time of the inspection, unless otherwise
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`IPR2016—00l 18 Protective Order
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`Patent 8,155,342
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`agreed by the parties in writing.
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`. Any party may challenge a designation of confidentiality at any time. In the
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`event of a challenge, the parties shall attempt to resolve such challenge in
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`good faith and must meet and confer directly in voice to voice dialogue in
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`connection with doing so.
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`. HIGHLY CONFIDENTIAL — ATTORNEYS’ EYES ONLY Information
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`may be disclosed only to:
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`(a) Outside counsel of record for a party in the proceeding, including
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`employees of outside counsel of record’s law firm(s) to whom it is
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`reasonably necessary to disclose this information to assist outside
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`counsel of record in connection with this proceeding, including
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`members of their firms, associate attorneys, paralegal, clerical, and
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`other regular employees of such counsel. All in—house counsel and
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`other representatives of the parties (other than outside counsel of
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`record) shall not be allowed to view HIGHLY CONFIDENTIAL —
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`ATTORNEYS’ EYES ONLY Information.
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`(b) Experts. Retained experts of a party in the proceeding who are not
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`employed by any party, not a competitor to any party, and not a
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`PETITIONER - UNIFIED PATENTS, INC. - EXHIBIT 1020 - Page 4
`PETITIONER — UNIFIED PATENTS, INC. — EXHIBIT 1020 — Page 4
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`
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`IPR20l 6-001 18 Protective Order
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`Patent 8,155,342
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`consultant for, or employed by, such a competitor with respect to the
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`subject matter of the proceeding and certify in accordance with and
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`sign the Standard Acknowledgment for Access to Protective Order
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`Material (“Acknowledgment”), which is attached to this Protective
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`Order as Exhibit A.
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`(c) The Office. Employees and representatives of the Office and Board
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`who have a need for access to the information shall have such access
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`without the requirement to sign the 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
`
`reporters, and other persons acting on behalf of the Office.
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`((1) 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 and who execute
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`the Acknowledgement.
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`6. CONFIDENTIAL - PROTECTIVE ORDER MATERIAL may be disclosed
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`only to the following individuals:
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`PETITIONER - UNIFIED PATENTS, INC. - EXHIBIT 1020 - Page 5
`PETITIONER — UNIFIED PATENTS, INC. — EXHIBIT 1020 — Page 5
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`
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`IPR20 1 6-001 1 8 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
`
`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.
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`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 Information shall use reasonable efforts to
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`maintain the confidentiality of the information, including:
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`(a) Maintaining such information in a secure location to which persons
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`not authorized to receive the information shall not have access;
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`(b) Otherwise using reasonable efforts to maintain the confidentiality of
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`the information, which efforts shall be no less rigorous than those the
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`PETITIONER - UNIFIED PATENTS, INC. - EXHIBIT 1020 - Page 6
`PETITIONER — UNIFIED PATENTS, INC. — EXHIBIT 1020 — Page 6
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`
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`receiving party uses to maintain the confidentiality of information not
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`IPR20 1 6-001 1 8 Protective Order
`
`Patent 8,155,342
`
`received from the disclosing party;
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`(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
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`(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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`8. 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.
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`(1) 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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`nature of the Confidential Information that is under seal and the
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`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
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`PETITIONER - UNIFIED PATENTS, INC. - EXHIBIT 1020 - Page 7
`PETITIONER — UNIFIED PATENTS, INC. — EXHIBIT 1020 — Page 7
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`
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`IPR20 1 6-001 18 Protective Order
`
`Patent 8,155,342
`
`determines that the documents or information do not qualify for
`
`confidential treatment.
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`(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 nonconfidential versions of its submission,
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`together with a Motion to Seal the confidential version setting
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`forth the reasons why the information redacted from the non-
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`confidential version is confidential and should not be made
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`available to the public. The nonconfidential version of the
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`submission shall clearly indicate the locations of information
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`that has been redacted. The confidential version of the
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`submission shall be filed under seal. The redacted information
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`shall remain under seal unless, upon motion of a party and after
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`a hearing on the issue, or sua sponte, the Board determines that
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`some or all of the redacted information does not qualify for
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`confidential treatment.
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`(b) Documents and Information Exchanged Among the Parties.
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`Information designated as Confidential Information that is disclosed
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`to another party during discovery or other proceedings before the
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`PETITIONER - UNIFIED PATENTS, INC. - EXHIBIT 1020 - Page 8
`PETITIONER — UNIFIED PATENTS, INC. — EXHIBIT 1020 — Page 8
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`
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`IPR2016-001 18 Protective Order
`
`Patent 8,155,342
`
`Board shall be clearly marked as “CONFIDENTIAL - PROTECTIVE
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`ORDER MATERIAL” or “HIGHLY CONFIDENTIAL —
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`ATTORNEYS’ EYES ONLY,” respectively, and shall be exchanged
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`in a manner that maintains its confidentiality.
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`9. Unless otherwise provided herein, redacted copies of documents may be
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`produced where the redacted portions contain privileged matter. Any
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`redactions must be conspicuous.
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`l0.All Confidential Information, whether marked as “CONFIDENTIAL -
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`PROTECTIVE ORDER MATERIAL” or “HIGHLY CONFIDENTIAL —
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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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`PETITIONER - UNIFIED PATENTS, INC. - EXHIBIT 1020 - Page 9
`PETITIONER — UNIFIED PATENTS, INC. — EXHIBIT 1020 — Page 9
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`
`
`/
`Unified Paténts nc.
`
`IPR2016-00118 Protective Order
`
`Patent 8,155,342
`
`
`
`By:
`
`/-”
`
`
`
`Paul C.
`
`au he
`
`Kilpatri k Townsend & Stockton LLP
`Two Embarcadero Center, Eighth Floor
`San Francisco, CA 94111
`hau he iDkil atricl<townsend.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
`'1onathan((Dunifiedgatents.com
`
`Blitzsfi s, /?
`
`
`"7/4/~ .,
`
`
`
`By
`
`\
`Peter L Inbrianakos (Reg. No. 58,279)
`Brown Rudnick LLP
`
`
`
`7 Times Square
`New York, NY 10036
`
`plambrianakos@brownrudnick.com
`
`PETITIONER - UNIFIED PATENTS, INC. - EXHIBIT 1020 - Page 10
`PETITIONER — UNIFIED PATENTS, INC. — EXHIBIT 1020 — Page 10
`
`
`
`IPR2016-001 18 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
`
`1
`
`, affirm that I have
`
`read the Protective Order; that I will abide by its terms; that I will use the
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`confidential information only in connection with this proceeding and for no other
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`purpose; that I will only allow access to support staff who are reasonably necessary
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`to assist me in this proceeding; that prior to any disclosure to such support staff I
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`informed or will inform them of the requirements of the Protective Order; that I am
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`personally responsible for the requirements of the terms of the Protective Order
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`and I agree to submit to the jurisdiction of the Office and the United States District
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`Court for the Eastern District of Virginia for purposes of enforcing the terms of the
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`Protective Order and providing remedies for its breach.
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`Executed on
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`, 20
`
`PETITIONER - UNIFIED PATENTS, INC. - EXHIBIT 1020 - Page 11
`PETITIONER — UNIFIED PATENTS, INC. — EXHIBIT 1020 — Page 11
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