`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`______________
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`BAKER HUGHES INCORPORATED
`and
`BAKER HUGHES OILFIELD OPERATIONS, INC.,
`Petitioners
`
`v.
`
`PACKERS PLUS ENERGY SERVICES, INC.
`Patent Owner
`
`______________
`
`
`Case IPR2016-00596
`Patent 7,134,505
`______________
`
`
`AGREED PROPOSED PROTECTIVE ORDER
`
`
`
`36461459.1
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`
`
`Case IPR2016-00596
`Patent 7,134,505
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`STANDING PROTECTIVE ORDER
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`This standing protective order governs the treatment and filing of confidential
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`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:
`
`(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)
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`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
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`counsel’s support staff, who sign the Acknowledgement shall be extended
`
`access to confidential information only upon agreement of the parties or
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`36461459.1
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`1
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`Case IPR2016-00596
`Patent 7,134,505
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`by order of the Board upon a motion brought by the party seeking to
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`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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`(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
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`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.
`
`Should the confidential information bear the designation “RESTRICTED –
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`ATTORNEYS’ EYES ONLY” under the Protective Order governing Civil Action
`
`No. 6:15-cv-724-RWS-KNM (“the Litigation Protective Order”), access to same
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`will not be permitted for individuals listed in 2(E) or 2(D) except for those in-house
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`36461459.1
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`2
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`Case IPR2016-00596
`Patent 7,134,505
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`counsel who exercise no competitive decision-making authority on behalf of their
`
`client. Should the confidential information bear the designation “RESTRICTED –
`
`ATTORNEYS’ EYES ONLY – TECHNICAL” under the Litigation Protective
`
`Order, access to same will not be permitted for individuals listed in 2(D) or 2(E).
`
`3. 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 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
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`36461459.1
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`3
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`
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`maintain the confidentiality of the information:
`
`(A) Documents and Information Filed With the Board.
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`Case IPR2016-00596
`Patent 7,134,505
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`(i) A party may file documents or information with the Board under seal,
`
`together with a non-confidential description of the nature of the
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`confidential information that is under seal and the reasons why the
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`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.
`
`(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
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`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
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`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
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`36461459.1
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`4
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`
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`that some or all of the redacted information does not qualify for
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`Case IPR2016-00596
`Patent 7,134,505
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`confidential treatment.
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`(B) Documents and Information Exchanged Among the Parties. Information
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`designated as confidential that is disclosed to another party during
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`discovery or other proceedings before the Board shall be clearly marked
`
`as ‘‘PROTECTIVE ORDER MATERIAL’’ and shall be produced in a
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`manner that maintains its confidentiality.
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`5. Any attorney representing a party, and any person associated with a party and
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`permitted to receive the other party’s confidential information that is designated
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`RESTRICTED – OUTSIDE ATTORNEYS’ EYES ONLY – TECHNICAL
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`under the Litigation Protective Order, and who accesses, or otherwise learns, in
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`whole or in part, the other party’s confidential information that is designated
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`RESTRICTED – OUTSIDE ATTORNEYS’ EYES ONLY – TECHNICAL
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`under the Litigation Protective Order shall not prepare, prosecute, or assist in the
`
`preparation or prosecution of any patent application pertaining to the field of the
`
`invention of the challenged patent suit on behalf of the receiving party or its
`
`acquirer, successor, predecessor, or other affiliate during the pendency of this
`
`proceeding and for one year after its conclusion, including any appeals. To ensure
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`compliance with the purpose of this provision, each party shall create an “Ethical
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`Wall” between such persons and any individuals who, on behalf of the party or
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`36461459.1
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`5
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`Case IPR2016-00596
`Patent 7,134,505
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`its acquirer, successor, predecessor, or other affiliate, prepare, prosecute,
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`supervise or assist in the preparation or prosecution of any patent application
`
`pertaining to the field of invention of the challenged patent. The terms of this
`
`provision do not apply to post grant review procedures (e.g., inter partes reviews)
`
`before the Patent Trial and Appeals Board. Persons with access to
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`RESTRICTED – OUTSIDE ATTORNEYS’ EYES ONLY – TECHNICAL
`
`information are not restricted from participating in post grant review procedures
`
`addressing the challenged patent or patent(s) related to the challenged patent by
`
`priority.
`
`
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`36461459.1
`
`6
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Case IPR2016-00596
`Patent 7,134,505
`
`______________
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`BAKER HUGHES INCORPORATED
`and
`BAKER HUGHES OILFIELD OPERATIONS, INC.,
`Petitioners
`
`v.
`
`PACKERS PLUS ENERGY SERVICES, INC.
`Patent Owner
`
`______________
`
`
`Case IPR2016-00596
`Patent 7,134,505
`______________
`
`
`STANDARD ACKNOWLEDGMENT
`FOR ACCESS TO PROTECTIVE ORDER MATERIAL
`
`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; and that I am personally
`
`36461459.1
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`1
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`Case IPR2016-00596
`Patent 7,134,505
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`responsible for the requirements of the terms of the Protective Order. I agree to
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`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
`
`Signed
`
`
`
`
`
`
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`
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`36461459.1
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`2
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