UNITED STATES PATENT AND TRADEMARK OFFICE
`____________________________________________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________________
`
`KRANOS CORPORATION
`d/b/a Schutt Sports
`Petitioner
`
`v.
`
`RIDDELL, INC.
`Patent Owner
`____________________
`
`Case: IPR2016-01646
`Patent No. 8,528,118
`
`
`
`STANDING PROTECTIVE ORDER
`
`
`____________________________________________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________________
`
`KRANOS CORPORATION
`d/b/a Schutt Sports
`Petitioner
`
`v.
`
`RIDDELL, INC.
`Patent Owner
`____________________
`
`Case: IPR2016-01646
`Patent No. 8,528,118
`
`
`
`STANDING PROTECTIVE ORDER
`
`
`
`IPR2016-01646
`U.S. Pat. No. 8,528,118
`
`This standing protective order governs the treatment and filing of
`
`confidential information, including documents and testimony.
`
`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) 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
`
`1
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`
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`IPR2016-01646
`U.S. Pat. No. 8,528,118
`
`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. 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;
`
`2
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`IPR2016-01646
`U.S. Pat. No. 8,528,118
`
`(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 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
`
`3
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`
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`IPR2016-01646
`U.S. Pat. No. 8,528,118
`
`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
`
`4
`
`
`
`IPR2016-01646
`U.S. Pat. No. 8,528,118
`
`
`
`Dated: September 8, 2017
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`/s/ James J. Lukas, Jr.
`James J. Lukas, Jr.
`GREENBERG TRAURIG, LLP
`77 West Wacker Drive, Suite 3100
`Chicago, Illinois 60601
`(312) 456-8400
`(312) 456-8435
`
`Counsel for Kranos Corporation d/b/a
`Schutt Sports
`
`
`
`
`
`
`
`
`
`5
`
`
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`IPR2016-01646
`U.S. Pat. No. 8,528,118
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned certifies that a true and correct copy of this STANDING
`
`PROTECTIVE ORDER has been served on September 8, 2017, by electronic mail
`
`to the following:
`
`Lead Counsel
`Ronald H. Spuhler
`McAndrews, Held & Malloy, Ltd
`500 West Madison Street, 34th Floor
`Chicago, IL 60661
`(312) 775-8000
`(312) 775-8100
`rspuhler@mcandrews-ip.com
`
`
`
`Dated: September 8, 2017
`
`
`
`
`
`
`
`
`Back-up Counsel
`Thomas J. Wimbiscus
`Scott P. McBride
`Christopher M. Scharff
`Ryan J. Pianetto
`McAndrews, Held & Malloy, Ltd
`500 West Madison Street, 34th Floor
`Chicago, IL 60661
`(312) 775-8000
`(312) 775-8100
`twimbiscus@mcandrews-ip.com
`smcbride@mcandrews-ip.com
`cscharff@mcandrews-ip.com
`rpianetto@mcandrews-ip.com
`
`
`s/ James J. Lukas, Jr.
`
`
`
`6
`
`
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