UNITED STATES PATENT AND TRADEMARK OFFICE
`___________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________________
`
`
`
`WEATHERFORD INTERNATIONAL, LLC;
`WEATHERFORD/LAMB, INC.;
`WEATHERFORD US, LP; and WEATHERFORD
`ARTIFICIAL LIFT SYSTEMS, LLC
`Petitioners
`
`v.
`
`PACKERS PLUS ENERGY SERVICES INC.,
`Patent Owner
`
`___________________
`
`Case IPR2016-01517
`Patent 7,134,505
`___________________
`
`
`
`AGREED PROPOSED PROTECTIVE ORDER
`
`
`
`
`___________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________________
`
`
`
`WEATHERFORD INTERNATIONAL, LLC;
`WEATHERFORD/LAMB, INC.;
`WEATHERFORD US, LP; and WEATHERFORD
`ARTIFICIAL LIFT SYSTEMS, LLC
`Petitioners
`
`v.
`
`PACKERS PLUS ENERGY SERVICES INC.,
`Patent Owner
`
`___________________
`
`Case IPR2016-01517
`Patent 7,134,505
`___________________
`
`
`
`AGREED PROPOSED PROTECTIVE ORDER
`
`
`
`
`
`Protective Order
`
`This following protective order will be entered into the instituted Inter Partes
`
`Review No. IPR2016-01517, WEATHERFORD INTERNATIONAL, LLC, et al. v.
`
`PACKERS PLUS ENERGY SERVICES, INC. (hereinafter "proceeding"), and
`
`governs the treatment and filing of confidential information, including documents
`
`and testimony.
`
`1. Confidential information shall be clearly marked "PROTECTIVE ORDER
`
`MATERIAL" or "PROTECTIVE ORDER MATERIAL – ATTORNEY'S EYES
`
`ONLY."
`
`2. Access to confidential
`
`information marked "PROTECTIVE ORDER
`
`MATERIAL" 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 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. The Parties shall further have the right to further designate confidential
`
`information or portions of confidential information as "PROTECTIVE ORDER
`
`MATERIAL – ATTORNEY'S EYES ONLY." The "PROTECTIVE ORDER
`
`MATERIAL – ATTORNEY'S EYES ONLY" shall be limited to such documents,
`
`materials, testimony, or information that the designating party believes, in good
`
`faith, contains information, the disclosure of which is likely to cause significant harm
`
`to the competitive position of the designation party or would violate confidentiality
`
`agreements with third parties. Access to confidential
`
`information marked
`
`"PROTECTIVE ORDER MATERIAL – ATTORNEY'S EYES ONLY" is limited
`
`to the following individuals who have executed the acknowledgement appended to
`
`this order:
`
`(A) Outside Counsel. (i) Outside counsel who appear on the pleadings as
`
`counsel for a party; (ii) partners, associates, employees, and staff of such
`
`counsel
`
`to whom it
`
`is necessary to disclose the information for this
`
`proceeding, including supporting personnel employed by the attorneys, such
`
`as paralegals, legal translators, legal secretaries, and legal clerks; or (iii)
`
`
`
`independent attorneys contracted to assist outside counsel in connection this
`
`this proceeding.
`
`(B) 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.
`
`(C) The Office. The 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.
`
`(D) Support Personnel. Administrative assistants, clerical staff, court
`
`reporters and other support personnel of the foregoing persons who are
`
`reasonably necessary to assist those person 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
`
`received confidential information.
`
`
`
`4. 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.
`
`5. 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 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 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 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.
`
`(j) 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:
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`________________________
`
`WEATHERFORD INTERNATIONAL, LLC;
`WEATHERFORD/LAMB, INC.; WEATHERFORD US, LP; and
`WEATHERFORD ARTIFICIAL LIFT SYSTEMS, LLC
`Petitioners
`
`v.
`
`PACKERS PLUS ENERGY SERVICES, INC.,
`Patent Owner
`________________________
`
`Case IPR2016-01517
`Patent 7,134,505
`
`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; 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.
`
`Name: _____________________
`
`Signature: _____________________
`
`
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