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`This stipulated protective order governs the treatment and filing of protected information,
`including documents and testimony.
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`1. Protected information shall be clearly marked “CONFIDENTIAL” or “CONFIDENTIAL –
`ATTORNEYS’ EYES ONLY”.
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`2. Access to protected information marked “CONFIDENTIAL” is limited to the following
`individuals 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 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 proceeding.
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`(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.
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`(D) In-house counsel. In-house counsel of a party.
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`(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 protected information only upon agreement of the
`parties or by order of the Board upon a motion brought by the party seeking to disclose protected
`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 protected information.
`
`(F) The Office. Employees and representatives of the Office who have a need for access to the
`protected 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.
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`3. Access to protected information marked “CONFIDENTIAL – ATTORNEYS’ EYES ONLY”
`is limited to the following individuals who have executed the acknowledgement appended to this
`order: outside counsel of record for a party in this IPR proceeding, and the individuals identified
`above in 2(C), 2(D), 2(F), and 2(G); provided, however, that access by in-house counsel pursuant
`to paragraph 2(D) be limited to in-house counsel who exercise no competitive decision-making
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`Alacritech Ex. 2400, Page 1
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`authority on behalf of the client. Such material may include the following types of
`information: (1) sensitive technical information, including current research, development and
`manufacturing information; (2) sensitive business information, including highly sensitive
`financial or marketing information; (3) competitive technical information, including technical
`analyses or comparisons of competitor’s products or services; (4) competitive business
`information, including non-public financial and marketing analyses, media scheduling,
`comparisons of competitor’s products or services, and strategic product/service expansion plans;
`(5) personal health or medical information; (6) an individual’s personal credit, banking or other
`financial information; or (7) any other commercially sensitive information the disclosure of
`which to non-qualified persons subject to this Order the producing party reasonably and in good
`faith believes would likely cause harm.
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`4. Persons receiving protected 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 persons not authorized to receive
`the information shall not have access;
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`(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 protected information
`understand and abide by the obligation to maintain the confidentiality of information received
`that is designated as confidential; and
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`(D) Limiting the copying of protected 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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`5. Persons receiving protected information shall use the following 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 seal, together with a non-
`confidential description of the nature of the protected 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.
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`(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
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`Alacritech Ex. 2400, Page 2
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`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 “CONFIDENTIAL” or “CONFIDENTIAL – ATTORNEYS’
`EYES ONLY” and shall be produced in a manner that maintains its confidentiality.
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`(j) Standard Acknowledgement of Protective Order. The following form may be used to
`acknowledge a protective order and gain access to information covered by the protective order:
`
`[CAPTION]
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`Standard Acknowledgment for Access to Protective Order Material
`
` I
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` ____, 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; 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.
`
`[Signature]
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`6. The protective orders in the co-pending district court litigations (2:16-cv-00693, 2:16-cv-
`00692, 2:16-cv-00695) are not affected by this Stipulated Protective Order.
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`Alacritech Ex. 2400, Page 3
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