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`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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`SAMSUNG ELECTRONICS CO., LTD.; AND
`SAMSUNG ELECTRONICS AMERICA, INC.
`Petitioner
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`v.
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`IMAGE PROCESSING TECHNOLOGIES, LLC
`Patent Owner
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`____________________
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`Patent No. 6,717,518
`____________________
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`PROTECTIVE ORDER
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`Page 1 of 9
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`SAMSUNG EXHIBIT 1014
`Samsung v. Image Processing Techs.
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`Finding good cause exists to enter a Protective Order governing the
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`disclosure and treatment of confidential information produced in this inter partes
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`review, it is ordered:
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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 individuals
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`who have executed the acknowledgment appended to this order:
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`(A) Parties. Persons who are owners of a patent involved in the proceeding
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`and other persons who are named parties to the proceeding.
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`(B) Party Representatives. Representatives of record for a party in the
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`proceeding.
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`(C) 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 a
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`consultant for, or employed by, such a competitor with respect to the subject matter
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`of the proceeding.
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`(D) In-house counsel. In-house counsel of a party.
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`SAMSUNG EXHIBIT 1014
`Page 2 of 9
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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 counsel’s
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`support staff, who sign the Acknowledgement shall be extended access to
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`confidential information only upon agreement of the parties or by order of the
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`Board upon a motion brought by the party seeking to disclose confidential
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`information to that person. The party opposing disclosure to that person shall have
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`the burden of proving that such person should be restricted from access to
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`confidential information.
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`(F) The Office. Employees and representatives of the Office who have a need
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`for access to the confidential information shall have such access without the
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`requirement to sign an Acknowledgement. Such employees and representatives
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`shall include the Director, members of the Board and their clerical staff, other
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`support personnel, court reporters, and 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 reasonably
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`necessary to assist those persons in the proceeding shall not be required to sign an
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`Acknowledgement, but shall be informed of the terms and requirements of the
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`Protective Order by the person they are supporting who receives confidential
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`information.
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`SAMSUNG EXHIBIT 1014
`Page 3 of 9
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`3. The parties may additionally mark information both “PROTECTIVE
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`ORDER MATERIAL” and “ATTORNEYS’ EYES ONLY.” Notwithstanding
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`anything else in this Order, material so marked may be viewed by outside counsel
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`only, and may not be shared with the non-disclosing party or employees of the
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`non-disclosing party.
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`4. Any outside counsel permitted to receive the other Party’s Protected
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`Material that is designated “ATTORNEYS’ EYES ONLY,” who obtains, receives,
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`has access to, or otherwise learns, in whole or in part, such material under this
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`Order shall not prepare, prosecute, supervise, or assist in the preparation or
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`prosecution of any patent application pertaining to the field of the invention of the
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`patents-in-suit on behalf of the receiving Party or its acquirer, successor,
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`predecessor, or other affiliate during the pendency of this Action and for one year
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`after its conclusion, including any appeals. To ensure compliance with the purpose
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`of this provision, each Party shall create an “Ethical Wall” between those persons
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`with access to “ATTORNEYS’ EYES ONLY” material and any individuals who,
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`on behalf of the Party or its acquirer, successor, predecessor, or other affiliate,
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`prepare, prosecute, supervise or assist in the preparation or prosecution of any
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`patent application pertaining to the field of invention of the patent-in-suit. This
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`Prosecution Bar shall not apply to any reexamination, post-grant review, or inter
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`partes review proceedings, except that persons covered by this Prosecution Bar
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`SAMSUNG EXHIBIT 1014
`Page 4 of 9
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`shall not assist, supervise, or particulate in the proposal, drafting, or modification
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`of any new or amended claims in such proceedings.
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`5. Persons receiving confidential information shall use reasonable efforts to
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`maintain the confidentiality of the information, including:
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`(A) Maintaining such information in a secure location to which persons not
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`authorized to receive the information shall not have access;
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`(B) Otherwise using reasonable efforts to maintain the confidentiality of the
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`information, which efforts shall be no less rigorous than those the recipient uses to
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`maintain the confidentiality of information not received from 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 the
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`confidentiality of information received that is designated as confidential; and
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`(D) Limiting the copying of confidential information to a reasonable number
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`of 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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`6. 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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`SAMSUNG EXHIBIT 1014
`Page 5 of 9
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`(i) A party may file documents or information with the Board under seal,
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`together with a non-confidential description of the nature of the confidential
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`information that is under seal and the reasons why the information is confidential
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`and should not be made available to the public. The submission shall be treated as
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`confidential and remain under seal, unless, upon motion of a party and after a
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`hearing on the 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 information
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`submitted to the Board, the submitting party shall file confidential and non-
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`confidential versions of its submission, together with a Motion to Seal the
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`confidential version setting forth the reasons why the information redacted from
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`the non-confidential version is confidential and should not be made available to the
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`public. The nonconfidential version of the submission shall clearly indicate the
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`locations of information that has been redacted. The confidential version of the
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`submission shall be filed under seal. The redacted information shall remain under
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`seal unless, upon motion of a party and after a hearing on the issue, or sua sponte,
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`the Board determines that some or all of the redacted information does not qualify
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`for confidential treatment.
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`SAMSUNG EXHIBIT 1014
`Page 6 of 9
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`(B) Documents and Information Exchanged Among the Parties. Information
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`designated as confidential that is disclosed to another party during discovery or
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`other proceedings before the Board shall be clearly marked as “PROTECTIVE
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`ORDER MATERIAL” and shall be produced in a manner that maintains its
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`confidentiality.
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`(j) Standard Acknowledgement of Protective Order. The following form may
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`be used to acknowledge a protective order and gain access to information covered
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`by the protective order.
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`SAMSUNG EXHIBIT 1014
`Page 7 of 9
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`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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`SAMSUNG ELECTRONICS CO., LTD.; AND
`SAMSUNG ELECTRONICS AMERICA, INC.
`Petitioner
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`v.
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`IMAGE PROCESSING TECHNOLOGIES, LLC
`Patent Owner
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`____________________
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`Patent No. 6,717,518
`____________________
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`Acknowledgment for Access to Protective Order Material
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`1
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`SAMSUNG EXHIBIT 1014
`Page 8 of 9
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`I __________________________, affirm that I have read the Protective
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`Order; that I will abide by its terms; that I will use the confidential information
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`only in connection with this proceeding and for no other purpose; that I will only
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`allow access to support staff who are reasonably necessary to assist me in this
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`proceeding; that prior to any disclosure to such support staff I informed or will
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`inform them of the requirements of the Protective Order; that I am personally
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`responsible for the requirements of the terms of the Protective Order and I agree to
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`submit to the jurisdiction of the Office and the United States District Court for the
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`Eastern District of Virginia for purposes of enforcing the terms of the Protective
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`Order and providing remedies for its breach.
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`By _________________________________
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`Date: _______________________________
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`SAMSUNG EXHIBIT 1014
`Page 9 of 9
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