Addendum A
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`Addendum A
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`INTEL EX. 1400.001
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`INTEL EX. 1400.001
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`Case No. IPR2018-00234
`U.S. Patent No. 8,805,948
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`Addendum A
`Stipulated Protective Order
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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,”
`“CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” or “PETITIONER’S
`RESTRICTED – 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.
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`(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.
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`INTEL EX. 1400.002
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`Case No. IPR2018-00234
`U.S. Patent No. 8,805,948
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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 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
`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. 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 of record
`for the Patent Owner in 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 by experts pursuant to paragraph 2(C) be
`limited to the experts of the Patent Owner in this IPR proceeding and the petitioner
`in this IPR proceeding who produced the information marked “PETITIONER’S
`RESTRICTED – ATTORNEYS’ EYES ONLY.” Such material may include the
`following types of information: (1) sensitive, competitive business information,
`including customer contracts; or (2) any other commercially sensitive information
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`INTEL EX. 1400.003
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`Case No. IPR2018-00234
`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 may attend any oral argument for this IPR even if “PETITIONER’S
`RESTRICTED – ATTORNEYS’ EYES ONLY” information is discussed.
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`5. 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;
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`(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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`6. 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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`INTEL EX. 1400.004
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`Case No. IPR2018-00234
`U.S. Patent No. 8,805,948
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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 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.
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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
`“CONFIDENTIAL,” “CONFIDENTIAL – ATTORNEYS’ EYES ONLY,” or
`“PETITIONER’S RESTRICTED – ATTORNEYS’ EYES ONLY” and shall be
`produced in a manner that maintains its confidentiality. For clarity, nothing
`precludes a party from sharing any of its own protected information.
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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:
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`[CAPTION]
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`Standard Acknowledgment for Access to Protective Order Material
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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.
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`[Signature]
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`INTEL EX. 1400.005
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`Case No. IPR2018-00234
`U.S. Patent No. 8,805,948
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`7. 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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`INTEL EX. 1400.006
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