`Addendum C
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`INTEL EX. 1402.001
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`INTEL EX. 1402.001
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`Case No. IPR2018-00234
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`U.S. Patent No. 8,805,948
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`Addendum A
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`latedProtective‘ective Ord
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`Sti
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`ing This Stipulated Protective Order
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`Thisstandineprotectiveordergoverns the treatmentandfiling of ceafidentialprotected
`information, including documents andtestimony.
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`1. Confidentie!Protected information shall be clearly marked “PROFECTRVEORDER
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`MATERTATCONFIDENTIAL,” “CONFIDENTIAL — ATTORNEYS’ EYES
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`ONLY.” or “PETITIONER’S RESTRICTED — ATTORNEYS’ EYES ONLY.”
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`2. Access to eenfidentialprotected information marked “CONFIDENTIAL”is limited
`to the following individuals who have executed the acknowledgment appended to
`this eOrder:
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`(A) Parties. Persons who are owners ofa patent involved in the proceeding and
`other persons whoare namedparties 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 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.
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`(D) In-house counsel. In-house counselof a party.
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`(E) Other Employees ofa Party. Employees, consultants or other persons
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`performing work for a party, other than in-house counseland in-house
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`counsel’s
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`14
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`INTEL EX. 1402.002
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`INTEL EX. 1402.002
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`support staff, who sign the Acknowledgementshall be extended access to
`eonfidentialprotected information only upon agreementofthe parties or by
`order of the Board upon a motion brought by the party seeking to disclose
`eonfidentielprotected 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 eenfidentielprotected information.
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`(F) The Office. Employees and representatives of the Office who have a need
`for access to the cenfidentialprotected 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.
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`(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 proceedingshall 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.
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`3. Access to protected information marked “CONFIDENTIAL —
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`ATTORNEYS’ EYES ONLY”is limited to the following individuals who
`have executed the acknowledgement appendedto this Order: outside counsel
`of record for a party in this IPR proceeding, and the individuals identified
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`above in 2(C), 2(D). 2(F), and 2(G): provided, however, that access by in-
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`house counsel pursuant to paragraph 2(D) be limited to in-house counsel who
`exercise no competitive decision-making authority on behalfof the client.
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`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
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`information, including technical analyses or comparisons of competitor’s
`products or services: (4) competitive business information, including non-
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`public financial and marketing analyses, media scheduling, comparisons of
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`competitor’s products or services, and strategic product/service expansion
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`2
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`INTEL EX. 1402.003
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`INTEL EX. 1402.003
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`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
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`to this Order the producing party reasonably and in goodfaith believes would
`likely cause harm.
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`4. Access to protected information marked “PETITIONER’S RESTRICTED
`— ATTORNEYS’ EYES ONLY”is limited to the following individuals who
`have executed the acknowledgement appended to this Order: outside counsel
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`of record for the Patent Ownerin this IPR proceeding, the petitioner in this
`IPR proceeding who produced the information marked “PETITIONER’S
`RESTRICTED — ATTORNEYS’ EYES ONLY”, and the individuals
`identified above in 2(C),
`2(F),
`and 2(G):
`provided, however, that access b
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`experts pursuant to paragraph 2(C) be limited to the experts of the Patent
`Ownerin this IPR proceeding andthe petitioner in this IPR proceeding who
`produced the information marked ““PETITIONER’S RESTRICTED —
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`ATTORNEYS’ EYES ONLY.” Such material may include the following
`types of information: (1) sensitive, competitive business information.
`including customercontracts: or (2) any other commercially sensitive
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`information the disclosure of which to non-qualified persons subjectto this
`Order, including other petitioners in this IPR proceeding, the producing party
`reasonably andin good faith believes would likely cause harm.
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`Notwithstanding this provision, outside counsel and in-house counsel for any
`other petitioner in this IPR proceeding may attend any oral argumentfor this
`IPR even if “PETITIONER’S RESTRICTED — ATTORNEYS’ EYES
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`ONLY”information is discussed.
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`35. Persons receiving ceafidentialprotected 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
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`INTEL EX. 1402.004
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`INTEL EX. 1402.004
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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
`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:
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`(C) Ensuring that support personnelof the recipient who haveaccess to the
`confidentialprotected information understand and abide bythe obligation to
`maintain the confidentiality of information received that is designated as
`confidential; and
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`(D) Limiting the copying of essfidentielprotected information to a
`reasonable number of
`copies needed for conduct of the proceeding and maintaining a record ofthe
`locations of such copies.
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`46. Persons receiving eenfidentialprotected 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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`(1) A party may file documents or information with the Board underseal,
`together with a non-confidential description of the nature of the
`eonfidentielprotected information that is under seal and the reasons why the
`informationis confidential and should not be madeavailable to the public.
`The submissionshall be treated as confidential and remain underseal, unless,
`upon motionofa party
`and after a hearing on the issue, or sua sponte, the Board determinesthat the
`documents or information do not to qualify for confidential treatment.
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`(11) Where confidentiality is alleged as to some butnotall of the
`information
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`INTEL EX. 1402.005
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`INTEL EX. 1402.005
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`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 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 andafter a
`hearing on the issue, or sua sponte, the Board determines that someorall of
`the redacted information does not qualify for confidential treatment.
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`(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
`“PROTECTIVEORDERMATERTALCONFIDENTIAL,” “CONFIDENTIAL —
`ATTORNEYS’ EYES ONLY.”or “PETITIONER’S RESTRICTED —
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`ATTORNEYS’ EYES ONLY”andshall be produced in a mannerthat
`maintains its confidentiality.For clarity, nothing precludes a party from
`sharing any of its own protected information.
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`(j) Standard Acknowledgement ofProtective Order. The following form may
`be used to acknowledge a protective order and gain access to information
`covered bythe protective order:
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`INTEL EX. 1402.006
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`INTEL EX. 1402.006
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`[CAPTION]
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`Standard Acknowledgmentfor Access to Protective Order
`Material
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`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
`remediesfor its breach.
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`[Signature]
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`7. The protective orders in the co-pendingdistrict court
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`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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`INTEL EX. 1402.007
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`INTEL EX. 1402.007
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`Summary report:
`Litéra® Change-Pro TDC 10.1.0.800 Document comparison done on
`12/13/2018 10:53:35 AM
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`INTEL EX. 1402.008
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`INTEL EX. 1402.008
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