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`______________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`______________________
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`RUBICON COMMUNICATIONS, LP
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`Petitioner,
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`v.
`
`LEGO A/S
`
`Patent Owner.
`
`________________________
`
`Case IPR2016-01187
`
`Patent 8,894,066
`
`PROPOSED PROTECTIVE ORDER
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`Rubicon Communications, LP Ex. 1035
`Rubicon Communications, LP vs. LEGO A/S
`IPR2016-01187
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`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
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`ORDER MATERIAL” or “PROTECTIVE ORDER MATERIAL –
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`ATTORNEYS’ EYES ONLY.”
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`A. “PROTECTIVE ORDER MATERIAL” means information,
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`documents, or things that have not been made public by the
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`disclosing party and that the disclosing party reasonably and in
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`good faith believes contains on comprises (a) trade secrets, (b)
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`proprietary business information, or (c) information implicating an
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`individual’s legitimate expectation of privacy.
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`B. “PROTECTIVE ORDER MATERIAL – ATTORNEYS’ EYES
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`ONLY” means PROTECTIVE ORDER MATERIAL that the
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`disclosing party reasonably and in good faith believes is so highly
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`sensitive that its disclosure to a competitor could result in
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`significant competitive or commercial disadvantage to the
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`designating party.
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`2. Access to confidential information is limited to the following individuals
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`who have executed the acknowledgment appended to this order:
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`A. Parties. Material designated “PROTECTIVE ORDER
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`MATERIAL” (but not “PROTECTIVE ORDER – ATTORNEYS’
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`EYES ONLY”) may be disclosed to persons who are owners of a
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`patent involved in the proceeding and other persons who are
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`named parties to the proceeding.
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`B. Party Representatives. Material designated “PROTECTIVE
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`ORDER MATERIAL” or “PROTECTIVE ORDER –
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`ATTORNEYS’ EYES ONLY” may be disclosed to representatives
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`of record for a party in the proceeding.
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`C. Experts. Material designated “PROTECTIVE ORDER
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`MATERIAL” or “PROTECTIVE ORDER – ATTORNEYS’
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`EYES ONLY” may be disclosed to retained experts of a party in
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`the proceeding who further certify in the Acknowledgement that
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`they are not a competitor to any party, or a consultant for, or
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`employed by, such a competitor with respect to the subject matter
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`of the proceeding.
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`D. In-house counsel. Material designated “PROTECTIVE ORDER
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`MATERIAL” or “PROTECTIVE ORDER – ATTORNEYS’
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`EYES ONLY” may be disclosed to in-house counsel of a party.
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`E. Other Employees of a Party. Material designated “PROTECTIVE
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`ORDER MATERIAL” (but not “PROTECTIVE ORDER –
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`ATTORNEYS’ EYES ONLY”) may be disclosed to employees,
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`consultants or other persons performing work for a party, other
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`than in-house counsel and in-house counsel’s support staff, who
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`sign the Acknowledgement only upon agreement of the parties or
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`by order of the Board upon a motion brought by the party seeking
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`to disclose confidential information to that person. The party
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`opposing disclosure to that person shall have the burden of proving
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`that such person should be restricted from access to confidential
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`information.
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`F. The Office. Employees and representatives of the Office who have
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`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
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`of 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, court
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`reporters and other support personnel of the foregoing persons who
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`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
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`the person they are supporting who receives confidential
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`information.
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`3. 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
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`of the information, which efforts shall be no less rigorous than
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`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 access to
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`the confidential information understand and abide by the obligation
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`to maintain the confidentiality of information received that is
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`designated as confidential; and
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`D. Limiting the copying of confidential information to a reasonable
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`number of copies needed for conduct of the proceeding and
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`maintaining a record of the locations of such copies.
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`4. 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 Board
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`under seal, together with a non-confidential description of
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`the nature of the confidential information that is under seal
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`and the reasons why the information is confidential and
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`should not be made available to the public. The submission
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`shall be treated as confidential and remain under seal,
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`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
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`documents or information do not to qualify for confidential
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`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
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`shall file confidential and nonconfidential versions of its
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`submission, together with a Motion to Seal the confidential
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`version setting forth the reasons why the information
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`redacted from the non-confidential version is confidential
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`and should not be made available to the public. The
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`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
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`under seal. The redacted information shall remain under seal
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`unless, upon motion of a party and after a hearing on the
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`issue, or sua sponte, the Board determines that some or all of
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`the redacted information does not qualify for confidential
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`treatment.
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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
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`be clearly marked as “PROTECTIVE ORDER MATERIAL” or
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`“PROTECTIVE ORDER MATERIAL – ATTORNEYS’ EYES
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`ONLY” and shall be produced in a manner that maintains its
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`confidentiality.
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`______________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`______________________
`
`RUBICON COMMUNICATIONS, LP
`
`Petitioner,
`
`
`
`v.
`
`
`
`LEGO A/S
`
`Patent Owner.
`
`________________________
`
`Case IPR2016-01187
`
`Patent 8,894,066
`
`
`
`
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`STANDARD ACKNOWLEDGMENT FOR ACCESS TO PROTECTIVE
`ORDER MATERIAL
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`I __________________________________________, affirm that I have read
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`the Protective Order; that I will abide by its terms; that I will use the confidential
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`information only in connection with this proceeding and for no other purpose; that
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`I will only allow access to support staff who are reasonably necessary to assist me
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`in this proceeding; that prior to any disclosure to such support staff I informed or
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`will inform them of the requirements of the Protective Order; that I am personally
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`responsible for the requirements of the terms of the Protective Order and I agree to
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`submit to the jurisdiction of the Office and the United States District Court for the
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`Eastern District of Virginia for purposes of enforcing the terms of the Protective
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`Order and providing remedies for its breach.
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`[Signature]
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