UNITED STATES PATENT AND TRADEMARK OFFICE
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`—————
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`—————
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`APPLE INC.,
`Petitioner,
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`v.
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`PERSONALIZED MEDIA COMMUNICATIONS, LLC,
`Patent Owner.
`
`—————
`
`Case No.: IPR2016-01520: U.S. Patent No. 8,559,635
`
`—————
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`JOIN STIPULATED MOTION FOR ENTRY OF PROTECTIVE ORDER
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`Mail Stop: PATENT BOARD
`Patent Trial and Appeal Board
`U.S. Patent & Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
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`—————
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`—————
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`APPLE INC.,
`Petitioner,
`
`v.
`
`PERSONALIZED MEDIA COMMUNICATIONS, LLC,
`Patent Owner.
`
`—————
`
`Case No.: IPR2016-01520: U.S. Patent No. 8,559,635
`
`—————
`
`JOIN STIPULATED MOTION FOR ENTRY OF PROTECTIVE ORDER
`
`
`
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`Mail Stop: PATENT BOARD
`Patent Trial and Appeal Board
`U.S. Patent & Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
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`This stipulated protective order governs the treatment and filing of
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`“HIGHLY CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY”
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`(“Protected Material”) information in IPR2016-01520 (“this proceeding”),
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`including documents and testimony. This Order is without prejudice to the right of
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`any party to seek further or additional protection of any Protected Material or to
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`seek to modify this Order in any way.
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`1.
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`Designation of Protected Material. Protected Material shall be clearly
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`marked “HIGHLY CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY.”
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`a.
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`A party may designate as “HIGHLY CONFIDENTIAL – OUTSIDE
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`ATTORNEYS’ EYES ONLY” such materials as the party reasonably and in
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`good faith believes to contain particularly sensitive technical or strategic
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`information relating to research for, design of, and supply of current
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`products or services; technical, business, and research information regarding
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`future products or services; non-public and highly sensitive financial
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`information; marketing and sales information, such as marketing plans and
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`forecasts, customer lists, pricing data, cost data, customer orders, and
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`customer quotations; non-public regulatory filings and related regulatory
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`materials; agreements with other third parties reflecting sensitive business
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`strategy or commercial information; and such other documents, information,
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`or materials that relate to other proprietary information that the designating
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`party reasonably believes is of such nature and character that disclosure of
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`such information would be harmful to the designating party.
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`b.
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`The following information shall not be designated or protected under
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`this Protective Order:
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`i. Information that is properly in the public domain at the time of
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`disclosure, including publicly available publications, catalogs and
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`other advertising materials, press releases, and publicly-filed
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`financial statements, unless such information was not placed in the
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`public domain by the party asserting confidentiality, and is
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`otherwise within the scope of Protected Material as defined herein;
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`or
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`ii.
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`Information that is independently developed by the receiving
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`party, as reflected by written documentation demonstrated to be in
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`existence prior to production by the party claiming confidentiality.
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`2.
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`Persons Entitled to Access to Protected Material.
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`a.
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`A party receiving “HIGHLY CONFIDENTIAL – OUTSIDE
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`ATTORNEYS’ EYES ONLY” information shall strictly restrict access to
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`that information to the following individuals who, except as provided
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`otherwise below, first have signed and served on the opposing party an
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`Acknowledgement as provided herein:
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`i.
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`Outside counsel. Outside counsel of a party of record in the
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`proceeding. Outside counsel need not first sign or serve the
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`Acknowledgement but must agree to be bound by its terms and those
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`of this Protective Order before receiving access.
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`ii.
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`Experts. Retained experts of a party in the proceeding who
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`further certify in the Acknowledgement that they are not a competitor
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`to any party, or a consultant for, or employed by, such a competitor
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`with respect to the subject matter of the proceeding.
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`iii. The Office. Employees and representatives of the Office who
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`have a need for access to the “HIGHLY CONFIDENTIAL –
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`OUTSIDE ATTORNEYS’ EYES ONLY” information shall have
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`such access without the requirement to sign an Acknowledgement.
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`Such employees and representatives shall include the Director,
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`members of the Board and their clerical staff, other support personnel,
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`court reporters, and other persons acting on behalf of the Office.
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`iv.
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`Support Personnel. Administrative assistants, clerical staff,
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`court reporters, graphics vendors and other support personnel of the
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`foregoing persons who are reasonably necessary to assist those
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`persons in the proceeding shall not be required to sign an
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`Acknowledgement, but shall be informed of the terms and
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`requirements of the Protective Order by the person they are supporting
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`who receives “HIGHLY CONFIDENTIAL – OUTSIDE
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`ATTORNEYS’ EYES ONLY” information.
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`3.
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`Protection of Protected Material. Persons receiving Protected Material shall
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`use reasonable efforts to maintain the confidentiality of the Protected Material,
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`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.
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`Otherwise using reasonable efforts to maintain the confidentiality of
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`the Protected Material, which efforts shall be no less rigorous than those the
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`recipient uses to maintain the confidentiality of its own confidential
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`information;
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`c.
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`Ensuring that support personnel of the recipient who have access to
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`the Protected Material understand and abide by the obligation to maintain
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`the confidentiality of information received that is designated as Protected
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`Material; and
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`d.
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`Limiting the copying of Protected Material to a reasonable number of
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`copies needed for conduct of the proceeding and maintaining a record of the
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`locations of such copies.
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`4.
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`Treatment of Protected Material. Persons receiving Protected Material shall
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`use the following procedures to maintain the confidentiality of the information:
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`a.
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`Documents and Information Filed With the Board.
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`i.
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`A party may file documents or information with the Board
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`under seal, together with a nonconfidential description of the nature of
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`the Protected Material that is under seal and the reasons why the
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`information is Protected Material and should not be made available to
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`the public. The submission shall be treated as Protected Material and
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`remain under seal, unless, upon motion of a party and after a hearing
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`on the issue, the Board determines that the documents or information
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`do not to qualify for treatment as Protected Material. Subject to
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`Board approval, any third party to whom the documents or
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`information relate may file objections to the Board regarding the
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`motion to unseal the documents or information prior to the hearing.
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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 file
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`Protected Material and nonconfidential versions of its submission,
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`together with a Motion to Seal the Protected Material version setting
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`forth the reasons why the information redacted from the
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`nonconfidential version is Protected Material and should not be made
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`available to the public. The nonconfidential version of the submission
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`shall clearly indicate the locations of information that has been
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`redacted. The Protected Material version of the submission shall be
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`filed 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 issue, the
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`Board determines that some or all of the redacted information does
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`not qualify for Protected Material treatment. Subject to Board
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`approval, any third party to whom the documents or information relate
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`may file objections to the Board regarding the motion to unseal the
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`documents or information prior to the hearing.
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`b.
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`Documents and Information Exchanged Among the Parties.
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`Information designated as Protected Material that is disclosed to another
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`party during discovery or other proceedings before the Board shall be clearly
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`marked as Protected Material and shall be produced in a manner that
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`maintains its confidentiality.
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`c.
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`Confidential Testimony. Any person providing testimony in a
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`proceeding may, on the record during the testimony, preliminarily designate
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`the entirety of the person’s testimony and all transcriptions thereof as
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`confidential, as well as any documents entered or otherwise examined during
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`deposition, pending further review. Within seven days of the receipt of the
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`transcript of the testimony, that person, or that person’s representative, shall
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`advise the opposing party of those portions of the testimony to which a claim
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`of confidentiality is to be maintained, and the reasons in support of that
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`claim. Such portions shall be treated as confidential and maintained under
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`seal in any filing to the Board.
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`5.
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`Disposal of Protected Material. Within one month after final termination of
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`the above-captioned proceeding, including any appeals, or within one month after
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`the time for appeal has expired, each party shall assemble all copies of all
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`Protected Material it has received, including Protected Material provided to its
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`representatives and experts, and shall destroy the Protected Material and provide a
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`certification of destruction to the party who produced the Protected Material.
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`6.
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`Acknowledgement of Protective Order. Any person receiving Protected
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`Material shall, prior to receipt of Protected Material first sign the below
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`Acknowledgment, under penalty of perjury:
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`APPLE INC.,
`Petitioner,
`
`v.
`
`PERSONALIZED MEDIA COMMUNICATIONS, LLC,
`Patent Owner.
`
`—————
`
`Case No.: IPR2016-01520: U.S. Patent No. 8,559,635
`
`
`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 Protected
`Material 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.
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`[Signature]
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`STIPULATED AND AGREED TO:
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`Dated: May 30, 2017
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`
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`/Joel R. Merkin/
`
`
`Marcus E. Sernel
`
`
`Joel R. Merkin
`
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`KIRKLAND & ELLIS LLP
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`300 North LaSalle Street
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`Chicago, Illinois 60654
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`P: 312.862.2000
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`
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`F: 312.862.2200
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`Attorneys for Petitioner Apple, Inc.
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`/Douglas Kline/
`Douglas Kline
`Goodwin Procter LLP
`53 State Street
`Boston MA 02109-2802
`P: (617) 570-1000
`F: (617) 523-1231
`
`Thomas J. Scott, Jr.
`Personalized Media Communications,
`LLC
`Reston, VA
`
`Jennifer A. Albert
`Stephen T. Schreiner
`Goodwin Procter LLP
`901 New York Avenue, N.W.
`Washington, DC 20001-2232
`P: (202) 346-4000
`F: (202) 346-4444
`
`Sarah Fink
`Goodwin Procter LLP
`620 Eighth Avenue
`New York, NY 10018-1405
`P: (212) 813-8800
`F: (212) 355-3333
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`Counsel for Patent Owner
`Personalized Media Communications
`LLC
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`- 10 -
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