(cid:36)(cid:71)(cid:71)(cid:72)(cid:81)(cid:71)(cid:88)(cid:80) C
`
`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
`US. Patent No. 8 805 948
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`Addendum A
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`
`
`' This Sti ulated Protective Order
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`SFhis-standing-preteet-ive-erder—govems the treatment and filing of eenfidentialprotected
`information, including documents and testimony.
`
`I. GenfidenfielPr—otected information shall be clearly marked‘‘P—RGZPEGPRQ-QRDE-R
`
`WCONFIDENTIAL” “CONFIDENTLAL— ATTORNEYS’ EYES
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`ONLY” or “PETITIONER’ S RESTRICTED— ATTORNEYS’ EYES ONLY.”
`
`2. Access to eenfident-lalprotected information marked “CONFIDENTIAL” is limited
`to the following individuals who have executed the acknowledgment appended to
`this eQrder:
`
`(A) Parties. Persons who are owners of a patent involved in the proceeding and
`other persons who are named parties 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 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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`(B) Other Employees ofa 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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`counsel’s
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`1 4.
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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 Acknowledgement shall be extended access to
`eenfidentialprotected information only upon agreement of the parties or by
`order of the Board upon a motion brought by the party seeking to disclose
`eeafidenfielprotected 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 eeafidenfialprotected information-
`
`a?) The Ofi’ice. Employees and representatives of the Office who have a need
`for access to the eenfidentialprotected 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 Ofiice.
`
`(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.
`
`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 appended to this Order: outside counsel
`of record for 3 pg in this IPR proceedingE and the individuals identified
`
`above in 21C Q, ZQDQ, 21F}, and 21G}; provided, however, that access by in-
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`house counsel ursuant to ara a h 2 D be limited to in—house counsel who
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`exercise no competitive decision-making authorig on behalf of the client.
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`Such material may include the following mpes of information: g1) sensitive
`technical information, including current research, development and
`manufacturing information,“ g2: sensitive business information, including
`
`hi
`1
`sensitive financial or marketin information; 3 co
`etitive technical
`
`information, including technical analyses or comparisons of competitor’s
`products or services,“ 141 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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`

`

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`plans; 15 1 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 pafl reasonably and in good faith 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 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
`
`rovided, however, that access b
`and 2 G '
`identified above in 2 C 2
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`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 —
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`ATTORNEYS’ EYES ONLY.” Such material may include the following
`gpes of information: 11! sensitive, cogetitive business information,
`including customer contracts; or 121 any other commercially sensitive
`
`information the disclosure of which to non-qualified persons subject to this
`Order, including other petitioners in this IPR proceeding, the producing pafl
`reasonably and in 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 argment for this
`IPR even if “PETITIONER’S RESTRICTED — ATTORNEYS’ EYES
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`ONL ” information is discussed.
`
`3;. Persons receiving eenfidentialprotected information shall use
`reasonable efforts to
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`maintain the confidentiality of the information, including:
`
`(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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`

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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;
`
`(C) Ensuring that support personnel of the recipient who have access to the
`eenfidentialprotected 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 eenfidemialprotected information to a
`reasonable number of
`
`copies needed for conduct of the proceeding and maintaining a record of the
`locations of such copies.
`
`49. Persons receiving eenfidenfialprotected information shall use the
`following procedures
`to maintain the confidentiality of the information:
`
`(A) Documents and Information Filed With the Board.
`
`(i) A party may file documents or information with the Board under seal,
`together with a non-confidential description of the nature of the
`eeafident—ialprotected 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.
`
`(ii) Where confidentiality is alleged as to some but not all 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 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.
`
`(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
`“WCONHDENTIAL,” “CONFIDENTIAL —
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`ATTORNEYS’ EYES ONLY,” or “PETITIONER’S RESTRICTED —
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`ATTORNEYS’ EYES ONLY” and shall be produced in a manner that
`maintains its confidentiality. For clarigE nothing precludes a gag fiom
`sharing any of its own protected information.
`
`(j) Standard Acknowledgement ofProtective 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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`INTEL EX. 1402.006
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`INTEL EX. 1402.006
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`

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`[CAPTION]
`
`Standard Acknowledgment for Access to Protective Order
`Material
`
`
`, affirm that I
`
`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]
`
`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. 1402.007
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`INTEL EX. 1402.007
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`

`

`Summary report:
`Litera® Change-Pro TDC 10.1.0.800 Document comparison done on
`12/13/2018 10:53:35 AM
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`S le name: Default S 1e
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`Intelli_ent Table Com 0 arison: Active
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`Ori_inal filename: 2 - Default PO. df
`Modified filename: 3— St' oulated Protective Order - Revised 948.DOCX
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`INTEL EX. 1402.008
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`INTEL EX. 1402.008
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