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`UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`__________________
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`UNIFIED PATENTS INC.
`Petitioner
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`v.
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`FALL LINE PATENTS, LLC
`Patent Owner
`__________________
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`Case IPR2018-00043
`Patent 9,454,748
`__________________
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`JOINT MOTION FOR PROTECTIVE ORDER
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`The parties jointly request the entry of a protective order. The parties have
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`conferred and agreed to the terms of the default Protective Order, which is attached
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`as Attachment A.
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`Dated: February 22, 2019
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`Respectfully submitted,
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`__/Michael D. Ellis/__
`Michael D. Ellis
`Reg. No. 72,628
`Counsel for Patent Owner
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 C.F.R. § 42.6, the undersigned certifies that on February 22,
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`2019, the foregoing document was served via email on counsel for Petitioner:
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`HAYNES AND BOONE, LLP
`David O’Brien (David.obrien.ipr@haynesboone.com)
`Raghav Bajaj (Raghav.bajaj.ipr@haynesboone.com)
`David McCombs (David.mccombs.ipr@haynesboone.com)
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`UNIFIED PATENTS INC.
`Jonathan Stroud (jonathan@unifiedpatents.com)
`Roshan Mansinghani (roshan@unifiedpatents.com)
`Jonathan Bowser (jbowser@unifiedpatents.com)
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`__/Michael D. Ellis/___
`Michael D. Ellis
`Counsel for Patent Owner
`Reg. No. 72,628
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`ATTACHMENT A
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`ATTACHMENT A
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`1
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`DEFAULT PROTECTIVE ORDER
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`This standing protective order governs the treatment and filing of confidential
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`information, including documents and testimony.
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`1.
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`Confidential information shall be clearly marked “PROTECTIVE ORDER
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`MATERIAL.”
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`2.
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`Access to confidential information is limited to the following individuals who
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`have executed the acknowledgment appended to this order:
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`(A)
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`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)
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`Party Representatives. Representatives of record for a party in the
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`proceeding.
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`(C)
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`Experts. Retained experts of a party in the proceeding who further certify
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`in the Acknowledgement that they are not a competitor to any party, or a consultant for,
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`or employed by, such a competitor with respect to the subject matter of the proceeding.
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`(D)
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`(E)
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`In-house counsel. In-house counsel of a party.
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`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 support
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`staff, who sign the Acknowledgement shall be extended access to confidential
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`information only upon agreement of the parties or by order of the Board upon a motion
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`brought by the party seeking to disclose confidential information to that person. The party
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`opposing disclosure to that person shall have the burden of proving that such person
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`should be restricted from access to confidential information.
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`(F)
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`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 requirement
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`to sign an Acknowledgement. Such employees and representatives shall include the
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`Director, members of the Board and their clerical staff, other support personnel, court
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`reporters, and other persons acting on behalf of the Office.
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`(G)
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`Support Personnel. Administrative assistants, clerical staff, court reporters
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`and other support personnel of the foregoing persons who are reasonably necessary to
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`assist those persons in the proceeding shall not be required to sign an Acknowledgement,
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`but shall be informed of the terms and requirements of the Protective Order by the person
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`they are supporting who receives confidential information.
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`3.
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`Persons receiving confidential information shall use reasonable efforts to maintain
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`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)
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`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)
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`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 locations
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`of such copies.
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`4.
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`Persons receiving confidential information shall use the following procedures to
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`maintain the confidentiality of the information:
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`(A) Documents and Information Filed With the Board.
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`(i)
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`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 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
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`information submitted to the Board, the submitting party shall file confidential
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`and non- confidential versions of its submission, together with a Motion to Seal
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`the confidential version setting forth the reasons why the information redacted
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`from the non-confidential version is confidential and should not be made
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`available to the public. The non-confidential version of the submission shall
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`clearly indicate the locations of information that has been redacted. The
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`confidential 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 after a
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`hearing on the issue, or sua sponte, the Board determines that some or all of the
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`redacted information does not qualify for confidential treatment.
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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 other
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`proceedings before the Board shall be clearly marked as “PROTECTIVE ORDER
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`MATERIAL” and shall be produced in a manner that maintains its confidentiality.
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`5
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`———————
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`UNIFIED PATENTS INC.
`Petitioner
`- vs. -
`FALL LINE PATENTS, LLC
`Patent Owner
`———————
`IPR2018-00043
`U.S. Patent 9,454,748
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`Standard Acknowledgment for Access to Protective Order Material
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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 only in
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`connection with this proceeding and for no other purpose; that I will only allow access to support
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`staff who are reasonably necessary to assist me in this proceeding; that prior to any disclosure to
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`such support staff I informed or will inform them of the requirements of the Protective Order;
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`that I am personally responsible for the requirements of the terms of the Protective Order and I
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`agree to 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 Order and
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`providing remedies for its breach.
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`Dated: __________________________
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`Signed:_________________________
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