`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`CALIFORNIA INSTITUTE OF TECHNOLOGY,
`Patent Owner.
`_________________________________________
`
`Case IPR2017-00728
`(U.S. Patent No. 7,421,032)
`_________________________________________
`
`PROTECTIVE ORDER
`
`Apple v. Caltech
`IPR2017-00728
`Apple 1269
`
`
`
`This standing protective order governs the treatment and filing of confidential
`
`information, including documents and testimony.
`
`1.
`
`Confidential information shall be clearly marked “CONFIDENTIAL –
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`ATTORNEYS EYES ONLY.”
`
`2.
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`Access to confidential information is limited to the following
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`individuals who have executed the acknowledgment appended to this order:
`
`(A)
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`Parties. Persons who are owners of a patent involved in the proceeding
`
`and other persons who are named parties to the proceeding.
`
`(B)
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`Party Representatives. Representatives of record for a party in the
`
`proceeding.
`
`(C)
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`Experts. Retained experts of a party in the proceeding who further
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`certify in the Acknowledgement that they are not a competitor to any party, or
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`a consultant for, or employed by, such a competitor.
`
`(D)
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`In-house counsel. Up to four in-house counsel of a party or real party in
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`interest.
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`(E) Other Employees of a Party. Employees, consultants or other persons
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`performing work for a party, other than in-house counsel and in-house
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`counsel’s support staff, who sign the Acknowledgement shall be extended
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`access to confidential information only upon agreement of the parties or by
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`2
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`
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`order of the Board upon a motion brought by the party seeking to disclose
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`confidential information to that person. The party opposing disclosure to that
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`person shall have the burden of proving that such person should be restricted
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`from access to confidential information.
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`(F) The Office. Employees and representatives of the U.S. Patent and
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`Trademark Office who have a need for access to the confidential information
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`shall have such access without the requirement to sign an Acknowledgement.
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`Such employees and representatives shall include the Director, members of
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`the Board and their clerical staff, other support personnel, court reporters, and
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`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 are
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`reasonably necessary to assist those persons in the proceeding shall not be
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`required to sign an Acknowledgement, but shall be informed of the terms and
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`requirements of the Protective Order by the person they are supporting who
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`receives confidential information.
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`3.
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`Persons receiving confidential information shall use reasonable efforts
`
`to maintain the confidentiality of the information, including:
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`3
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`
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`(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
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`the information, which efforts shall be no less rigorous than those the
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`recipient uses to maintain the confidentiality of information not received from
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`the disclosing party;
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`(C) Ensuring that support personnel of the recipient who have access to the
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`confidential information understand and abide by the obligation to maintain
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`the confidentiality of information received that is 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 maintaining a
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`record of the locations of such copies.
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`4.
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`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 under
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`seal, together with a non-confidential description of the nature of the
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`confidential information that is under seal and the reasons why the
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`4
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`
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`information is confidential and should not be made available to the
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`public. The submission shall be treated as confidential and remain
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`under seal, 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 documents or
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`information do not to qualify for confidential 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 shall file
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`confidential and non-confidential versions of its submission, together
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`with a Motion to Seal the confidential version setting forth the reasons
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`why the information redacted from the non-confidential version is
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`confidential and should not be made available to the public. The
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`nonconfidential version of the submission shall clearly indicate the
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`locations of information that has been redacted. The confidential
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`version of the submission shall be filed under seal. The redacted
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`information shall remain under seal unless, upon motion of a party and
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`after a hearing on the issue, or sua sponte, the Board determines that
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`some or all of the redacted information does not qualify for confidential
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`treatment.
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`5
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`
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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 party
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`during discovery or other proceedings before the Board shall be clearly
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`marked as “CONFIDENTIAL – ATTORNEYS EYES ONLY” and shall be
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`produced in a manner that maintains its confidentiality.
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`5.
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`Standard Acknowledgement of Protective Order. The following form
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`may be used to acknowledge a protective order and gain access to information
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`covered by the protective order:
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`6
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`
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`CALIFORNIA INSTITUTE OF TECHNOLOGY,
`Patent Owner.
`_________________________________________
`
`Case IPR2017-00210 (U.S. Patent No. 7,116,710)
`Case IPR2017-00219 (U.S. Patent No. 7,116,710)
`Case IPR2017-00297 (U.S. Patent No. 7,916,781)
`Case IPR2017-00700 (U.S. Patent No. 7,421,032)
`Case IPR2017-00701 (U.S. Patent No. 7,421,032)
`Case IPR2017-00728 (U.S. Patent No. 7,421,032)
`_________________________________________
`
`PROTECTIVE ORDER
`
`7
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`
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`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
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`connection with this proceeding and for no other purpose; that I will only allow
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`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
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`the requirements of the Protective Order; that I am personally responsible for the
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`requirements of the terms of the Protective Order and I agree to submit to the
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`jurisdiction of the U.S. Patent and Trademark Office and the United States District
`
`Court for the Eastern District of Virginia for purposes of enforcing the terms of the
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`Protective Order and providing remedies for its breach.
`
`_________________________
`Signature
`
`_________________________
`Date
`
`8
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`