Addendum B
`Addendum B
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`INTEL EX. 1401.001
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`INTEL EX. 1401.001
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`

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`Case No. IPR2018-00234
`U.S. Patent No. 8,805,948
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`AppendixAddendum A
`Stipulated Protective Order
`
`This sStipulated pProtective eOrder governs the treatment andfiling of
`protected information, including documents and testimony.
`
`1. Protected information shall be clearly marked “CONFIDENTIAL.”¢¢
`“CONFIDENTIAL — ATTORNEYS’ EYES ONLY.”-or
`
`‘“PETITIONER’S RESTRICTED — ATTORNEYS’ EYES ONLY.”
`
`2. Access to protected information marked “CONFIDENTIAL.”is limited to the
`following individuals who have executed the acknowledgment appendedto this
`eOrder:
`
`(A) Parties. Persons who are owners ofa patent involved in the proceeding and
`other persons whoare namedparties to the proceeding.
`
`(B) Party Representatives. Representatives of record for a party in the proceeding.
`
`(C) Experts. Retained experts of a party in the proceeding whofurthercertify in the
`Acknowledgementthat they are not a competitor to any party, or a consultantfor, or
`employed by, such a competitor with respect to the subject matter of the
`proceeding.
`
`(D) In-house counsel. In-house counselofa party.
`
`(E) Other Employees ofa 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 Acknowledgementshall be extended access to
`
`protected information only upon agreementofthe parties or by order of the Board
`upon a motion broughtby 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 berestricted from access to protected information.
`
`(F) The Office. Employees and representatives of the Office who have a need for
`accessto 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 andtheir clerical staff, other support personnel,
`court reporters, and other persons acting on behalf of the Office.
`
`|
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`INTEL EX. 1401.002
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`INTEL EX. 1401.002
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`Case No. IPR2018-00234
`U.S. Patent No. 8,805,948
`LeeNoPhpue
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`(G) Support Personnel. Administrative assistants, clerical staff, court reporters and
`other support personnel of the foregoing persons whoare reasonably necessary to
`assist those persons in the proceeding shall not be required to sign an
`Acknowledgement,
`but shall be informedof the terms and requirements of the Protective Order by the
`person they are supporting whoreceives confidential information.
`
`3. Access to protected information marked “CONFIDENTIAL — ATTORNEYS’
`EYES ONLY”is limited to the following individuals who have executed the
`acknowledgement appendedto this eOrder: outside counsel of record for a party in
`this IPR proceeding, andthe 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
`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 expansionplans; (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 goodfaith believes would likely cause harm.
`
`
`4. Access to protected information marked “PETITIONER’S RESTRICTED —
`
`ATTORNEYS’ EYES ONLY”is limited to the following individuals who have
`executed the acknowledgement appendedto this Order: outside counsel of record
`for the Patent Ownerin this IPR proceeding, the petitioner in this IPR proceeding
`
`whoproduced the information marked “PETITIONER’S RESTRICTED —
`ATTORNEYS’ EYES ONLY”, andthe individuals identified above in 2(C), 2(F),
`and 2(G): provided, however, that access by experts pursuant to paragraph 2(C) be
`
`limited to the experts of the Patent Ownerin this IPR proceeding andthe petitioner
`in this IPR proceeding whoproduced the information marked ““PETITIONER’S
`RESTRICTED — ATTORNEYS’ EYES ONLY.” Such material may include the
`followin
`es of information:
`(1)
`sensitive, competitive business information.
`
`including customer contracts: or (2) any other commercially sensitive information
`
`2
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`INTEL EX. 1401.003
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`INTEL EX. 1401.003
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`Case No. IPR2018-00234
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`U.S. Patent No. 8,805,948
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`the disclosure of which to non-qualified persons subject to this Order, including
`
`other petitioners in this IPR proceeding, the producing party reasonably and in
`good faith believes would likely cause harm. Notwithstanding this provision,
`outside counsel and in-house counsel for any other petitioner in this IPR
`
`proceeding mayattend any oral argumentfor this IPR even if “PETITIONER’S
`
`RESTRICTED — ATTORNEYS’ EYES ONLY”informationis discussed.
`
`45. Persons receiving protected information shall use reasonable efforts to maintain
`the confidentiality of the information, including:
`
`(A) Maintaining such information in a secure location to which personsnot
`authorized to receive the information shall not have access;
`
`(B) Otherwise using reasonable efforts to maintain the confidentiality of the
`information, whichefforts 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 personnelof the recipient who haveaccessto the
`protected information understand andabide by the obligation to maintain the
`confidentiality of information received that is designated as confidential; and
`
`Ilbo
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`INTEL EX. 1401.004
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`INTEL EX. 1401.004
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`

`

`
`
`CaseNoTPR2018-00234
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`(D) Limiting the copying of protected information to a reasonable numberof
`copies needed for conduct of the proceeding and maintaining a record of the
`locations of such copies.
`
`56. Persons receiving protected information shall use the following procedures
`to maintain the confidentiality of the information:
`
`(A) Documents and Information Filed With the Board.
`
`(1) A party may file documents or information with the Board underseal, together
`with a non-confidential description of the nature of the protected informationthatis
`under seal and the reasons why the informationis confidential and should not be
`madeavailable to the public. The submission shall be treated as confidential and
`remain underseal, unless, upon motion ofa party
`and after a hearing on the issue, or sua sponte, the Board determinesthat the
`documents or information do notto qualify for confidential treatment.
`
`4
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`INTEL EX. 1401.005
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`INTEL EX. 1401.005
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`

`Case No. IPR2018-00234
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`U.S. Patent No. 8,805,948
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`(11) Where confidentiality is alleged as to some but notall 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 whythe 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 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 ofa party and after a hearing onthe issue, or swa sponte,
`the Board determinesthat someorall 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~er—CONFIDEN FAR.” “CONFIDENTIAL —
`ATTORNEYS’ EYES ONLY.” or “PETITIONER’S RESTRICTED —
`ATTORNEYS’ EYES ONLY”andshall be produced in a mannerthat maintains
`its confidentiality. For clarity, nothing precludes a party from sharing any ofits
`own protected information.
`
`(j) Standard Acknowledgement ofProtective Order. The following form may be
`used to acknowledgea protective order and gain access to information covered by
`the protective order:
`
`In
`
`INTEL EX. 1401.006
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`INTEL EX. 1401.006
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`

`

`[CAPTION]
`
`Standard Acknowledgment for Access to Protective Order Material
`
`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 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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`INTEL EX. 1401.007
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`

`

`Case No. IPR2018-00234
`
`U.S. Patent No. 8,805,948
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`67. 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.
`
`IN
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`INTEL EX. 1401.008
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`INTEL EX. 1401.008
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`

`

`Summary report:
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`INTEL EX. 1401.009
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`INTEL EX. 1401.009
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