`
`Case IPR2018-00044
`Patent No. 7,302,423
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
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`
`
`
`BEFORE THE PATENT AND TRIAL AND APPEAL BOARD
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`UNIFIED PATENTS, INC.
`Petitioner
`
`
`v.
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`VILOX TECHNOLOGIES, LLC.
`Patent Owner
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`Case IPR2018-00044
`Patent No. 7,302,423
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`PATENT OWNER’S MOTION FOR ENTRY OF A
`MODIFIED DEFAULT PROTECTIVE ORDER
`TO ACCOMPANY A MOTION TO SEAL
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`Case IPR2018-00044
`Patent No. 7,302,423
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`Patent Owner requests entry of the attached Modified Default Protective
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`Order to Accompany a Motion to Seal be entered. The Parties have agreed to
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`the Modified Default Protective Order.
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`Attachment A is the agreed to Modified Default Protective Order.
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`Attachment B is a red-line version of the Default Protective Order showing
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`changes thereto.
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`The Panel authorized filing of this Motion and a Motion to Seal during a
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`/s/
`John K. Harrop
`
`Counsel for Patent Owner
`Vilox Technologies LLC
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`January 17, 2019 conference with the Panel.
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`Dated: January 22, 2019
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`Case IPR2018-00044
`Patent No. 7,302,423
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`Certificate of Service
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`The undersigned certifies service pursuant to 37 CFR § 42.6(e) that
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`PATENT OWNER’S MOTION TO SEAL was served on the Petitioner by
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`/s/
`John K. Harrop
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`Counsel for Patent Owner
`Vilox Technologies LLC
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`email as authorized by the Petitioner.
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`Dated: January 22, 2019
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`ATTACHMENT A
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`________________
`
`UNIFIED PATENTS INC.
`Petitioner,
`
`v.
`
`VILOX TECHNOLOGIES LLC
`Patent Owner
`________________
`
`IPR2018-00044
`Patent 7,302,423
`
`________________
`
`PROTECTIVE ORDER
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`
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`WHEREAS, Unified Patents, Inc. and Vilox Technologies LLC (collectively
`
`IPR2018-00044
`Protective Order
`
`
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`“parties” and, as the context requires “party”) are private entities that desire to
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`keep confidential, in good faith, information that is not reasonably believed to be in
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`the public domain; and
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`WHEREAS, to promote fairness and efficiency in this proceeding without
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`the need to seek a separate protective order for each competitively sensitive
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`document and/or any competitively sensitive information requested or exchanged,
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`including, but not limited to, trade secrets or other confidential research,
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`development or other commercial information (“Confidential Information”), the
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`parties desire to voluntarily enter into this Protective Order.
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`NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED,
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`as follows:
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`1. Confidential Information includes information (regardless of how it is
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`generated, stored, or maintained) or tangible things that would qualify for
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`protection under Federal Rule of Civil Procedure 26(c) or any other
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`applicable rule of procedure, evidence, substantive law, and/or by agreement
`
`of the parties.
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`2. Confidential Information shall be clearly marked “CONFIDENTIAL -
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`PROTECTIVE ORDER MATERIAL” or “HIGHLY CONFIDENTIAL –
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`ATTORNEYS’ EYES ONLY.” Confidential Information shall include
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`2
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`IPR2018-01186
`Protective Order
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`information disclosed by one party to the other, which, if in written, graphic,
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`machine-readable or other tangible form is marked as “CONFIDENTIAL -
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`PROTECTIVE ORDER MATERIAL” or “HIGHLY CONFIDENTIAL –
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`ATTORNEYS’ EYES ONLY” or which, if disclosed orally or by
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`demonstration, is identified at the time of initial disclosure as confidential.
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`Confidential Information shall not include any Information which (i) the
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`parties agree, or the Board rules, is already public knowledge, (ii) the parties
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`agree, or the Board rules, has become public knowledge other than as a
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`result of disclosure by the receiving party, or (iii) is in the receiving party’s
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`legitimate possession independently of the producing party.
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`3. In the event that Confidential Information is made available for inspection,
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`marking such information CONFIDENTIAL - PROTECTIVE ORDER
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`MATERIAL or HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
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`ONLY need not be completed with respect to inspected materials until
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`copies of the materials are produced. Making documents and things
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`available for inspection shall not constitute a waiver of any claim of
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`confidentiality, and all materials provided for inspection by the party’s
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`counsel shall be treated as though designated HIGHLY CONFIDENTIAL –
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`ATTORNEYS’ EYES ONLY at the time of the inspection, unless otherwise
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`agreed by the parties in writing.
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`3
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`4. Any party may challenge a designation of confidentiality at any time. In the
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`IPR2018-01186
`Protective Order
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`event of a challenge, the parties shall attempt to resolve such challenge in
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`good faith and must meet and confer directly in voice to voice dialogue in
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`connection with doing so.
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`5. HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY Information
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`shall be limited to such documents, materials, testimony, or information that
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`the designating party believes, in good faith, contains information, the
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`disclosure of which is likely to cause significant harm to the competitive
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`position of the designating party or would violate confidentiality agreements
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`with third parties. HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
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`ONLY Information may be disclosed only to:
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`a. Outside counsel of record for a party in the proceeding, including
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`employees of outside counsel of record’s law firm(s) to whom it is
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`reasonably necessary to disclose this information to assist outside
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`counsel of record in connection with this proceeding, including
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`members of their firms, associate attorneys, paralegal, clerical, and
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`other regular employees of such counsel. All in-house counsel and
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`other representatives of the parties (other than outside counsel of
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`record) shall not be allowed to view HIGHLY CONFIDENTIAL –
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`ATTORNEYS’ EYES ONLY Information.
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`4
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`b. Experts. Retained experts of a party in the proceeding who are not
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`IPR2018-01186
`Protective Order
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`employed by any party, not a competitor to any party, and not a
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`consultant for, or employed by, such a competitor with respect to the
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`subject matter of the proceeding and certify in accordance with and
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`sign the Standard Acknowledgment for Access to Protective Order
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`Material (“Acknowledgment”), which is attached to this Protective
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`Order as Exhibit A.
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`c. The Office. Employees and representatives of the Office and Board
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`who have a need for access to the information shall have such access
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`without the requirement to sign the Acknowledgement. Such
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`employees and representatives shall include the Director, members of
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`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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`d. Support Personnel. Administrative assistants, clerical staff, court
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`reporters, third-party support services (e.g., outside copying, hosting,
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`graphics, and exhibit preparation services), and other support
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`personnel of the foregoing persons who are reasonably necessary to
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`assist those persons in the proceeding and who are informed of the
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`terms and requirements of the Protective Order by the person they are
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`supporting who receives the information.
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`5
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`6. CONFIDENTIAL - PROTECTIVE ORDER MATERIAL may be disclosed
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`IPR2018-01186
`Protective Order
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`only to the following individuals:
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`a. Above Personnel. Those persons or entities identified in paragraph 5
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`of this Protective Order under the conditions set forth in that
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`paragraph.
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`b. Parties to the Present Proceeding. Persons who are owners of a patent
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`involved in the proceeding and other persons who are named parties
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`to the proceeding, who sign the Acknowledgment.
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`c. In-house counsel. In-house counsel of a party who signs the
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`Acknowledgement.
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`d. Other Employees of a Party. No more than two (2) employees of each
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`party who have been designated to assist with this matter who sign the
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`Acknowledgement.
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`7. 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
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`not authorized to receive the information shall not have access;
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`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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`6
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`receiving party uses to maintain the confidentiality of information not
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`IPR2018-01186
`Protective Order
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`received from the disclosing party;
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`c. Ensuring that support personnel of the receiving party who have
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`access to the Confidential Information understand and abide by the
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`obligation to maintain the confidentiality of information received that
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`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
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`maintaining a record of the locations of such copies.
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`8. 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
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`under seal, together with a non-confidential description of the
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`nature of the Confidential Information that is under seal and the
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`reasons why the information is confidential and should not be
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`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
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`party and after a hearing on the issue, or sua sponte, the Board
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`7
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`IPR2018-01186
`Protective Order
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`determines that the documents or information do not qualify for
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`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
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`file confidential and nonconfidential versions of its submission,
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`together with a Motion to Seal the confidential version setting
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`forth the reasons why the information redacted from the
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`nonconfidential version is confidential and should not be made
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`available to the public. The nonconfidential version of the
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`submission shall clearly indicate the locations of information
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`that has been redacted. The confidential version of the
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`submission shall be filed under seal. The redacted information
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`shall remain under seal unless, upon motion of a party and after
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`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
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`confidential treatment.
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`b. Documents and Information Exchanged Among the Parties.
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`Information designated as Confidential Information that is disclosed
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`to another party during discovery or other proceedings before the
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`Board shall be clearly marked as “CONFIDENTIAL - PROTECTIVE
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`8
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`ORDER MATERIAL” or “HIGHLY CONFIDENTIAL –
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`IPR2018-01186
`Protective Order
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`ATTORNEYS’ EYES ONLY,” respectively, and shall be exchanged
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`in a manner that maintains its confidentiality.
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`9. Unless otherwise provided herein, redacted copies of documents may be
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`produced where the redacted portions contain privileged matter. Any
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`redactions must be conspicuous.
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`10. All Confidential Information, whether marked as “CONFIDENTIAL -
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`PROTECTIVE ORDER MATERIAL” or “HIGHLY CONFIDENTIAL –
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`ATTORNEYS’ EYES ONLY,” shall be used only for this proceeding, and
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`shall not be used for any other purpose, unless agreed to otherwise in writing
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`by the parties.
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`9
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`IPR2018-00044
`Protective Order
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`Vilox Technologies LLC
`By: /John K. Harrop/
`John K. Harrop
`Cecil E. Key
`Jay Kesan
`P.O. Box 320171
`Alexandria, VA 22320
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`
`
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`Unified Patents Inc.
`By:/ David O’Dell/
`David M. O’Dell
`Thomas W. Kelton
`Haynes and Boone, LLP
`2323 Victory Ave. Suite 700
`Dallas, TX 75219
`
`Jonathan R. Bowser
`Roshan Mansinghani
`Unified Patents Inc.
`1875 Connecticut Ave., NW, Floor 10
`Washington, DC 20009
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`10
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`IPR2018-01186
`Protective Order
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`
`EXHIBIT A
`UNIFIED PATENTS, INC. v. VILOX TECHNOLOGIES LLC
`Case IPR2018-00044
`Patent No. 7,302,423
`Standard Acknowledgment for Access to Protective Order Material
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`I __________________________________________, affirm that I have read the
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`Protective Order; that I will abide by its terms; that I will use the confidential
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`information only in connection with this proceeding and for no other purpose; that
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`I will only allow access to support staff who are reasonably necessary to assist me
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`in this proceeding; that prior to any disclosure to such support staff I informed or
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`will 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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`Executed on ________________________, 20____.
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`ATTACHMENT B
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`DEFA.ULT BEFORE
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`THE PATENT TRIAL AND APPEAL BOARD
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`UNIFIED PATENTS INC.
`Petitioner,
`
`VILOX TECHNOLOGIES LLC
`Patent Owner
`
`IPR2018-00044
`Patent 7.302,423
`
`PROTECTIVE ORDER
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`Protective Order
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`IPR2018-00044
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`The following Standing Protective Order ·.vill be automatically entered
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`into the proceeding upon the filing of a i petition for re_·view or institution of a
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`derivation·
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`Standing Proteetive Order
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`This standing protective order govern.s the treatment and filing of
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`confidential information, including documents and testimony
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`
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`IPR2018-00044 Protective Order
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`WHEREAS. Unified Patents, Inc. and Vilox Technologies LLC (collectively
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`"parties" and, as the context requires "party") are private entities that desire to keep
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`confidential, in good faith, information that is not reasonably believed to be in the
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`public domain: and
`
`WHEREAS, to promote fairness and efficiency in this proceeding without the
`
`need to seek a separate protective order for each competitively sensitive document
`
`and/or any competitively sensitive information requested or exchanged, including,
`
`but not limited to, trade secrets or other confidential research, development or other
`
`commercial information ("Confidential Information"), the parties desire to
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`voluntarily enter into this Protective Order.
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`NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED,
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`as follows:
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`1. Confidential Information includes information (regardless of how it is
`
`generated. stored, or maintained) or tangible things that would qualify for
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`protection under Federal Rule of Civil Procedure 26(c) or any other
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`applicable rule of procedure, evidence, substantive law, and/or by agreement
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`of the patt ies.
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`2. 1. DAnficlf".ntinl infrn=mntiAn shnll hf': r.lf".nrlv mndrncl " PlU ) T F'.D T TV F'... ORnRR
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` 4A:TERIAL."Confidential Information shall be clearly marked
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`"CONFIDENTIAL - PROTECTIVE ORDER MATERIAL" or "HIGHLY
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`IPR2018-01186Protective Order
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`CONFIDENTIAL - ATTORNEYS' EYES ONLY." Confidential
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`Inf01mation shall include information disclosed by one party to the other,
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`which, if in written, graphic, machine-readable or other tangible form is
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`marked as "CONFIDENTIAL - PROTECTIVE ORDER MATERIAL" or
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`"HIGHLY CONFIDENTIAL - ATTORNEYS' EYES ONLY" or which, if
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`disclosed orally or by demonstration, is identified at the time of initial
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`disclosure as confidential. Confidential Information shall not include any
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`Inf01mation which (i) the parties agree, or the Board rules, is already public
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`knowledge, (ii) the parties agree, or the Board rules, has become public
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`knowledge other than as a result of disclosure by the receiving party, or (iii) is
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`in the receiving party's legitimate possession independently of the producing
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`2. Access to confidential information is limited to the following individuals who
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`have mrncuted the acknowledgment appended to this order:
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`(i\) Parties. Persons who am owners of a patent involved in the
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`proceeding and other persons who are named parties to the
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`proceeding .
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`3. In the event that Confidential Information is made available for inspection,
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`marking such information CONFIDENTIAL - PROTECTIVE ORDER
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`MATERIAL or HIGHLY CONFIDENTIAL -ATTORNEYS' EYES ONLY
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`IPR2018-01186Protective Order
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`need not be completed with respect to inspected materials until copies of the
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`materials are produced . Making documents and things available for
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`inspection shall not constitute a waiver of any claim of confidentiality, and all
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`materials provided for inspection by the party's counsel shall be treated as
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`though designated HIGHLY CONFIDENTIAL-ATTORNEYS' EYES
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`ONLY at the time of the inspection, unless otherwise agreed by the parties in
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`writing.
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`4. Any party may challenge a designation of confidentiality at any time. In the
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`event of a challenge, the parties shall attempt to resolve such challenge in
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`good faith and must meet and confer directly in voice to voice dialogue in
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`connection with doing so.
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`5. HIGHLY CONFIDENTIAL-ATTORNEYS' EYES ONLY lnfonnation
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`shall be limited to such documents, materials, testimony, or information that
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`the designating party believes, in good faith. contains information. the
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`disclosure of which is likely to cause significant harm to the competitive
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`position of the designating party or would violate confidentiality agreements
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`with third patties. HIGHLY CONFIDENTIAL-ATTORNEYS' EYES
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`ONLY Information may be disclosed only to:
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`a. (R) Portv RmCrJ r .r;m# ,qf il w r; R Pnrnc:;1mtntivPc:; nf rnr.nrcl fiw fl nnrtv in thP
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`proceeding.Outside counsel of record for a party in the proceeding,
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`IPR2018-01186Protective Order
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`including employees of outside counsel of record's law fom(s) to
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`whom it is reasonably necessary to disclose this information to assist
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`outside counsel of record in connection with this proceeding, including
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`members of their firms, associate attorneys, paralegal. clerical, and
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`other regular employees of such counsel. All in-house counsel and
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`other representatives of the parties (other than outside counsel of
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`record) shall not be allowed to view HIGHLY CONFIDENTIAL -
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`ATTORNEYS' EYES ONLY Infmmation.
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`b. fr.-Experts.Retained experts of a party in the proceeding who forth@r
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`r. wtifv in th?. A rknAmlP.rlo:.-111?.nt th:it thP.u are not employed by any
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`not a competitor to any party, eFand not a consultant for, or
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`employed by, such a competitor with respect to the subject matter of the
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`proceeding and certify in accordance with and sign the Standard
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`Acknowledgment for Access to Protective Order Material
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`("Acknow ledgment" ), which is attached to this Protective Order as
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`Exhibit A.
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`(C) In house counsel. In house counsel of a party .
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`(D) 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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`crnmsel's mm n 01·t stnff who sism th@ Acknowl@clo:@ment 1>:hnll h@
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`IPR2018-01186Protective Order
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`extended access to confidential information only upon agreement of
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`the parties or by order of the Board upon a motion brought by the
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`party seeking to disclose confidential information to that person. The
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`party opposing disclosure to that person shall have the burden of
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`proving that such person should be restricted from access to
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`confidential information.
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`c. lr.-The Office. Employees and representatives of the Office and Board
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`who have a need for access to the confidential information shall have
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`such access without the requirement to sign anthe Acknowledgement.
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`Such employees and representatives shall include the Director,
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`members of the Board and their clerical staff, other supp01i personnel,
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`court reporters, and other persons acting on behalf of the Office.
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`d. &.-Support Personnel. Administrative assistants, clerical staff, court
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`reporters , third-party support services (e.g.. outside copying, hosting,
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`graphics, and exhibit preparation services), and other support personnel
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`of the foregoing persons who are reasonably necessary to assist those
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`persons in the proceeding shall not he rnauirnd to si2'll a,n
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`.t\nlmm1.d€".01H m€".nt hut sh ll h€".and who are informed of the terms and
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`requirements of the Protective OrderbyOrder by the person they are
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`supporting who receives confidentialthe infonnation.
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`IPR2018-01186Protective Order
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`6. CONFIDENTIAL - PROTECTIVE ORDER MATERIAL may be disclosed
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`only to the following individuals:
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`a. Above Personnel. Those persons or entities identified in paragraph 5 of
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`this Protective Order under the conditions set forth in that paragraph.
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`b. Parties to the Present Proceeding. Persons who are owners of a patent
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`involved in the proceeding and other persons who are named parties to
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`the proceeding , who sign the Acknowledgment.
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`c. In-house counsel. In-house counsel of a party who signs the
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`Acknowledgement.
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`d. Other Employees of a Party. No more than two (2) employees of each
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`party who have been designated to assist with this matter who sign the
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`Acknowledgement.
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`7. 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
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`the information, which efforts shall be no less rigorous than those the
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`n r.ini €".nt receiving party uses to maintain the confidentiality of
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`information not received from the disclosing party;
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`IPR2018-01 l 86Protective Order
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`c. Ensuring that support personnel of the recipientreceiving party who
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`have access to the Confidential Information understand and abide by
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`the obligation to maintain the confidentiality of infmmation received
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`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
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`maintaining a record of the locations of such copies.
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`8. ;h-Persons receiving Confidential Infmmation 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 Withwith the Board.
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`1. 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
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`the Confidential Information that is under seal and the reasons
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`why the information is confidential and should not be made
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`available to the public. The submission shall be treated as
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`confidential and remain under seal, unless, upon motion of a
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`party and after a hearing on the issue, or sua sponte, the Board
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`determines that the documents or information do not te-qualify
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`for confidential treatment.
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`IPR2018-0 l l 86Protective Order
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`11. Where confidentiality is alleged as to some but not all of the
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`inf01mation submitted to the Board, the submitting party shall
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`file confidential and non confidentialnonconfidentialversions of
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`its submission, together with a Motion to Seal the confidential
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`version setting forth the reasons why the information redacted
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`from the non confidentialnonconfidentialversion is confidential
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`and should not be made available to the public. The
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`nonconfidential version of the submission shall clearly indicate
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`the locations of information that has been redacted. The
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`confidential version of the submission shall be filed under seal.
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`The redacted inf01mation shall remain under seal unless, upon
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`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
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`does not qualify for confidential treatment.
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`b. Documents and Information Exchanged Among the Parties.
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`Infonnation designated as Confidential Information that is disclosed to
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`another party during discove1y or other proceedings before the Board
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`shall be clearly marked as .:..:." CONFIDENTIAL - PROTECTIVE
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`ORDER MATERIAL.!..:." or "HIGHLY CONFIDENTIAL -
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`IPR2018-01186Protective Order
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`ATTORNEYS' EYES ONLY." respectively, and shall be
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`nrndnced exchangedin a manner that maintains its confidentiality.
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`9. Unless otherwise provided herein. redacted copies of documents may be
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`produced where the redacted portions contain privileged matter. Any
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`redactions must be conspicuous.
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`10. All Confidential Information, whether marked as "CONFIDENTIAL -
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`PROTECTIVE ORDER MATERIAL" or "HIGHLY CONFIDENTIAL -
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`ATTORNEYS' EYES ONLY," shall be used only for this proceeding. and
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`shall not be used for any other purpose, unless agreed to otherwise in writing
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`by the parties.
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`IPR2018-01186Protective Order
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`Unified Patents Inc.
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`Vilox Technologies LLC
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`By: /John K. Harrop/
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`John K. Harrop
`Cecil E. Key
`Jay Kesan
`P.O. Box 320171
`Alexandria. VA 22320
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`By:/ David O' Dell/
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`David M. O' Dell
`Thomas W. Kelton
`Haynes and Boone, LLP
`2323 Victory Ave. Suite 700
`Dallas. TX 75219
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`Jonathan R. Bowser
`Roshan Mansinghani
`Unified Patents Inc.
`1875 Connecticut Ave., NW, Floor 10
`Washington. DC 20009
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`12
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`IPR2018-01186Protective Order
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`EXHIBIT A
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`UNIFIED PATENTS. INC. v. VILOX TECHNOLOGIES LLC
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`Case IPR2018-00044
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`Patent No. 7.302.423
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`Standard Acknowledgment for Access to Protective Order Material
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`I
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`affirm that I have read the
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`Protective Order: that I will abide bv its terms: that I will use the confidential
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`information only in connection with this proceeding and for no other purpose: that I
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`I
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`will only allow access to support staff who are reasonably necessary to assist me in
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`this proceeding: that prior to any disclosure to such support staff I informed or will
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`infmm them of the requirements of the Protective Order: that I am personally
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`responsible for the requirements of the te1ms 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 te1ms of the Protective
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`Order and providing remedies for its breach.
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`Executed on
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`20
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`!
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