`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`_________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_________________________
`
`POLYGROUP LIMITED (MCO),
`Petitioner,
`
`
`v.
`
`
`WILLIS ELECTRIC COMPANY, LIMITED,
`Patent Owner.
`
`________________________
`
`
`
`Case IPR2016-01613
`U.S. Patent No. 9,044,056
`
`_________________________
`
`PROPOSED PROTECTIVE ORDER
`(AMENDED PROTECTIVE ORDER)
`
`
`
`
`
`STANDING PROTECTIVE ORDER
`
`This standing protective order governs the treatment and filing of
`
`confidential information, including documents and testimony.
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`1. Confidential information shall be clearly marked “PROTECTIVE
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`ORDER MATERIAL.”
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`2. Access to confidential information is limited to the following
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`individuals who have executed the acknowledgment appended to this order:
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`(A) Party Representatives. Counsel of record for a party in the
`
`proceeding.
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`(B) 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 to any
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`party, or a consultant for, or employed by, such a competitor with respect to the
`
`subject matter of the proceeding.
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`(C) Other Employees of a Party. Officers, directors, employees,
`
`consultants, inventors, or other persons performing work for a party 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.
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`The party 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 information.
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`
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`Page 2
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`
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`(D) The Office. Employees and representatives of the Office who
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`have a need for access to the confidential information shall have such access
`
`without the requirement to sign an Acknowledgement. Such employees and
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`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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`(E) 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.
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`3. Persons receiving confidential information shall use reasonable efforts
`
`to maintain the confidentiality of the information, including:
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`(A) Maintaining such information in a secure location to which
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`persons not authorized to receive the information shall not have access;
`
`(B) Otherwise using reasonable efforts to maintain the
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`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;
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`
`
`
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`
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`Page 3
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`
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`(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.
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`4. 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) To the extent that either Party files a motion seeking to
`
`introduce in these proceedings confidential information governed by a
`
`Protective Order in any related District Court action, the Parties agree that the
`
`moving Party may file such confidential information under seal (subject to
`
`meeting the requirements set forth below) to aid the Board in deciding whether
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`moving Party is entitled to the discovery it seeks, and the non-moving Party’s
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`agreement to such limited use of the confidential information does not waive
`
`the non-moving party’s right to oppose any other use of such confidential
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`information in the IPR proceedings.
`
`(ii) A party may file documents or information with the
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`
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`
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`Page 4
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`
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`Board under seal, together with a non-confidential description of the nature of
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`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.
`
`(iii) 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.
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`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.
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`
`
`(B) Documents and Information Exchanged Among the Parties.
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`
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`
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`Page 5
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`
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`Information 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
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`“PROTECTIVE ORDER MATERIAL” and shall be produced in a manner that
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`maintains its confidentiality.
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`5. Standard Acknowledgement of Protective Order. The form attached
`
`as Appendix A may be used to acknowledge a protective order and gain access
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`to information covered by the protective order.
`
`Agreed upon by the parties.
`
`/Paul E. McGowan/
`/Larina A. Alton/
`
`
`
`Larina A. Alton, Reg. No. 72,750
`
`Paul E. McGowan, Reg. No. 46,917
`Luke D. Toft
`
`Alexis N. Simpson, Reg. No. 63,686
`Christopher J. Forstner, Reg. No. 46,049 Fox Rothschild LLP
`Robert A. Angle, Pro Hac Vice
` Campbell Mithun Tower
`Dabney C. Carr, Pro Hac Vice
`
`222 South Ninth Street, Suite 2000
`
`
` Minneapolis, MN 55402
`
`Douglas J. Christensen
`
`
`
`Troutman Sanders LLP
`Christensen Fonder Dardi
`
`600 Peachtree Street, Suite 5200
`33 South Sixth Street, Suite 3950
`
`Atlanta, GA 30308
`
`
`
`
`
`
`
` Minneapolis, MN 55402
`Jason D. Eisenberg, Reg. No. 43,447
`Sterne, Kessler, Goldstein & Fox LLC
`
`Date: May 1, 2017 Date: May 1, 2017
`
`
`
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`Page 6
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`
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`
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`APPENDIX A
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`_________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_________________________
`
`POLYGROUP LIMITED (MCO),
`Petitioner,
`
`
`v.
`
`
`WILLIS ELECTRIC COMPANY, LIMITED,
`Patent Owner.
`
`________________________
`
`
`
`Case IPR2016-01613
`U.S. Patent No. 9,044,056
`
`_________________________
`
`STANDARD ACKNOWLEDGEMENT FOR ACCESS TO PROTECTIVE
`ORDER MATERIALS
`
`
`
`
`
`
`
`
`
`Page 7
`
`
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`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;
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`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
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`Protective Order and I agree to submit to the jurisdiction of the Office and the
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`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
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`breach.
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`SIGNED this _______ day of _________________________ 20____ at
`
`______________________________________.
`
`____________________________
`(signature)
`
`____________________________
`(print name)
`
`
`
`
`
`
`
`Page 8
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`
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`
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`Certificate of Service
`
`Pursuant to 37 C.F.R. §§ 42.6(e) and 42.105(a), I hereby certify that on
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`the 2nd day of May, 2017, I caused a complete copy of the Proposed Amended
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`Protective Order and Standard Acknowledgement for Access to Protective
`
`Order Materials to be served on the Patent Owner of the subject Inter Partes
`
`Review as follows:
`
`By E-mail to the Patent Owner’s attorneys of record:
`
`/Paul E. McGowan/
`Paul E. McGowan, Reg. No 46,917
`
`
`
`Page 9
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`
`
`
`
`
`Larina A. Alton
`Luke D. Toft
`Fox Rothschild LLP
`Campbell Mithun Tower
`222 South Ninth Street, Suite 2000
`Minneapolis, MN 55402
`lalton@foxrothschild.com
`ltoft@foxrothschild.com
`
`Douglas J. Christensen
`Christensen Fonder Dardi
`33 South Sixth Street, Suite 3950
`Minneapolis, MN 55402
`christensen@cfd-ip.com
`
`
`
`
`
`
`
`
`
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