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`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________________________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________________________________________
`
`
`UNIFIED PATENTS INC.
`Petitioner
`
`v.
`
`REALTIME ADAPTIVE STREAMING, LLC
`Patent Owner
`
`IPR2018-00883
`U.S. Patent 8,934,535
`
`____________________
`
`JOINT MOTION FOR PROTECTIVE ORDER
`
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`IPR2018-00883
`U.S. Patent 8,934,535
`The parties have agreed upon entry of a Protective Order in this case. The
`
`agreed Protective Order is attached hereto as Attachment A. The agreed Protective
`
`Order deviates from the Board’s default Protective Order in one primary respect.
`
`Specifically, the agreed Protective Order differs from the Board’s default
`
`Protective Order is that it prohibits in-house counsel or other party employees from
`
`accessing certain classes of confidential information—designated “HIGHLY
`
`CONFIDENTIAL—ATTORNEYS’ EYES ONLY.” Petitioner submits that, in
`
`light of the reasons discussed herein, such limitations are necessary in this
`
`proceeding.
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`Petitioner characterizes its business as follows: Unified’s core business is
`
`adverse to non-practicing entities (NPEs). It reduces NPE litigation risk by
`
`protecting key technology sectors. Companies in a technology sector subscribe to
`
`Unified’s technology-specific deterrence, and in turn, Unified performs many NPE-
`
`deterrent activities. Certain Unified confidential information (e.g., the identity of
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`certain members, certain confidential financial or business information, or the like)
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`is held in the strictest of confidence due to confidentiality provisions (e.g., within
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`Unified’s membership agreements) and because such information could cause harm
`
`to Unified and/or its members (e.g., retaliation against certain members by NPEs).
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`Such harm potentially subjects Unified’s members to NPE retaliation, including
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`litigation, and would severely impact Unified’s ability to conduct business. Unified
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`
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`
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`IPR2018-00883
`U.S. Patent 8,934,535
`accordingly seeks heightened protection for such materials disclosed in connection
`
`with this proceeding. A motion to seal will be forthcoming. These changes do not
`
`affect access to confidential information for employees and representatives of the
`
`Patent and Trademark Office who have a need for access to the confidential
`
`information.
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`Patent Owner agrees to the language of the proposed protective order, but does
`
`not join Petitioner’s characterization of its business. Patent Owner reserves its rights
`
`to challenge the designation of any particular material as either CONFIDENTIAL -
`
`PROTECTIVE ORDER MATERIAL or HIGHLY CONFIDENTIAL –
`
`ATTORNEYS’ EYES ONLY.
`
`The revisions are noted in redline showing changes from the Board’s
`
`Protective Order in Attachment B hereto.
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`
`
`Dated: August 20, 2018
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`
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`
`
`By: /Lionel M. Lavenue/
`Lionel M. Lavenue, Lead Counsel
`Reg. No. 46,859
`
`
`Finnegan, Henderson, Farabow,
`Garrett & Dunner, LLP
`
`
`11955 Freedom Drive
`Reston, VA 20190
`Tel: 571-203-2700
`Fax: 202-408-4400
`
`
`
`
`
`
`
`
`
`
`IPR2018-00883
`U.S. Patent 8,934,535
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that a copy of the foregoing Motion for
`
`Joint Protective Order was served on August 20, 2018, via email directed to
`
`counsel of record for the Patent Owner at the following:
`
`William P. Rothwell
`william@noroozipc.com
`Kayvan B. Noroozi
`kayvan@noroozipc.com
`Joel P.N. Stonedale
`joel@noroozipc.com
`
`NOROOZI PC
`2245 Texas Drive, Suite 300
`Sugar Land, TX 77479
`
`Thomas C. Chen
`NOROOZI PC
`1299 Ocean Ave., Suite 450
`Santa Monica, CA 90401
`
`Neil A. Rubinn
`nrubin@raklaw.com
`Kent Shum
`kshum@raklaw.com
`RUSS AUGUST & KABAT
`12424 Wilshire Blvd., 12th Fl.
`Los Angeles, CA 90025
`
`
`
`By: /Cory C. Bell/
`Cory C. Bell, Back-up Counsel
`Reg. No. 75,096
`
`
`
`
`
`
`
`
`
`FINNEGAN, HENDERSON, FARABOW,
`GARRETT & DUNNER, LLP
`
`
`
`
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`
`
`
`Dated: August 20, 2018
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`
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`
`
`Attachment A
`
`Attachment A
`
`
`
`IPR2018-00883
`Protective Order
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________________
`
`UNIFIED PATENTS INC.
`
`Petitioner,
`
`v.
`
`REALTIME ADAPTIVE STREAMING, LLC,
`
`Patent Owner.
`
`____________________
`
`IPR2018-00883
`
`U.S. Patent 8,934,535
`
`____________________
`
`SYSTEMS AND METHODS FOR VIDEO AND AUDIO DATA STORAGE
`AND DISTRIBUTION
`
`____________________
`
`PROTECTIVE ORDER
`
`
`
`1
`
`
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`
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`
`
`IPR2018-00883
`Protective Order
`
`
`WHEREAS, Unified Patents, Inc. and Realtime Adaptive Streaming, LLC
`
`(collectively “parties” and, as the context requires “party”) are private entities that
`
`desire to keep confidential, in good faith, information that is not reasonably
`
`believed to be in the 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 voluntarily enter into this Protective Order.
`
`NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED,
`
`as follows:
`
`1. Confidential Information includes information (regardless of how it is
`
`generated, stored, or maintained) or tangible things that would qualify for
`
`protection under Federal Rule of Civil Procedure 26(c) or any other
`
`applicable rule of procedure, evidence, substantive law, and/or by agreement
`
`of the parties.
`
`2. Confidential Information shall be clearly marked “CONFIDENTIAL -
`
`PROTECTIVE ORDER MATERIAL” or “HIGHLY CONFIDENTIAL –
`
`ATTORNEYS’ EYES ONLY.” Confidential Information shall include
`
`
`
`2
`
`
`
`IPR2018-00883
`Protective Order
`
`information disclosed by one party to the other, which, if in written, graphic,
`
`machine-readable or other tangible form is marked as “CONFIDENTIAL -
`
`PROTECTIVE ORDER MATERIAL” or “HIGHLY CONFIDENTIAL –
`
`ATTORNEYS’ EYES ONLY” or which, if disclosed orally or by
`
`demonstration, is identified at the time of initial disclosure as confidential.
`
`Confidential Information shall not include any Information which (i) the
`
`parties agree, or the Board rules, is already public knowledge, (ii) the parties
`
`agree, or the Board rules, has become public knowledge other than as a
`
`result of disclosure by the receiving party, or (iii) is in the receiving party’s
`
`legitimate possession independently of the producing party.
`
`3. In the event that Confidential Information is made available for inspection,
`
`marking such information CONFIDENTIAL - PROTECTIVE ORDER
`
`MATERIAL or HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
`
`ONLY need not be completed with respect to inspected materials until
`
`copies of the materials are produced. Making documents and things
`
`available for inspection shall not constitute a waiver of any claim of
`
`confidentiality, and all materials provided for inspection by the party’s
`
`counsel shall be treated as though designated HIGHLY CONFIDENTIAL –
`
`ATTORNEYS’ EYES ONLY at the time of the inspection, unless otherwise
`
`agreed by the parties in writing.
`
`3
`
`
`
`
`
`IPR2018-00883
`Protective Order
`
`
`4. Any party may challenge a designation of confidentiality at any time. In the
`
`event of a challenge, the parties shall attempt to resolve such challenge in
`
`good faith and must meet and confer directly in voice to voice dialogue in
`
`connection with doing so.
`
`5. HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY Information
`
`shall be limited to such documents, materials, testimony, or information that
`
`the designating party believes, in good faith, contains information, the
`
`disclosure of which is likely to cause significant harm to the competitive
`
`position of the designating party or would violate confidentiality agreements
`
`with third parties. HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
`
`ONLY Information may be disclosed only to:
`
`a. Outside counsel of record for a party in the proceeding, including
`
`employees of outside counsel of record’s law firm(s) to whom it is
`
`reasonably necessary to disclose this information to assist outside
`
`counsel of record in connection with this proceeding, including
`
`members of their firms, associate attorneys, paralegal, clerical, and
`
`other regular employees of such counsel. All in-house counsel and
`
`other representatives of the parties (other than outside counsel of
`
`record) shall not be allowed to view HIGHLY CONFIDENTIAL –
`
`ATTORNEYS’ EYES ONLY Information.
`
`4
`
`
`
`
`
`IPR2018-00883
`Protective Order
`
`
`b. Experts. Retained experts of a party in the proceeding who are not
`
`employed by any party, not a competitor to any party, and not a
`
`consultant for, or employed by, such a competitor with respect to the
`
`subject matter of the proceeding and certify in accordance with and
`
`sign the Standard Acknowledgment for Access to Protective Order
`
`Material (“Acknowledgment”), which is attached to this Protective
`
`Order as Exhibit A.
`
`c. The Office. Employees and representatives of the Office and Board
`
`who have a need for access to the information shall have such access
`
`without the requirement to sign the 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.
`
`d. Support Personnel. Administrative assistants, clerical staff, court
`
`reporters, outside copying and exhibit preparation services and other
`
`support personnel of the foregoing persons who are reasonably
`
`necessary to assist those persons in the proceeding and who execute
`
`the Acknowledgement.
`
`6. CONFIDENTIAL - PROTECTIVE ORDER MATERIAL may be disclosed
`
`only to the following individuals:
`
`5
`
`
`
`
`
`IPR2018-00883
`Protective Order
`
`
`a. Above Personnel. Those persons or entities identified in paragraph 5
`
`of this Protective Order under the conditions set forth in that
`
`paragraph.
`
`b. Parties to the Present Proceeding. Persons who are owners of a patent
`
`involved in the proceeding and other persons who are named parties
`
`to the proceeding, who sign the Acknowledgment.
`
`c. In-house counsel. In-house counsel of a party who signs the
`
`Acknowledgement.
`
`d. Other Employees of a Party. No more than two (2) employees of each
`
`party who have been designated to assist with this matter who sign the
`
`Acknowledgement.
`
`7. Persons receiving Confidential Information shall use reasonable efforts to
`
`maintain the confidentiality of the information, including:
`
`a. Maintaining such information in a secure location to which persons
`
`not authorized to receive the information shall not have access;
`
`b. Otherwise using reasonable efforts to maintain the confidentiality of
`
`the information, which efforts shall be no less rigorous than those the
`
`receiving party uses to maintain the confidentiality of information not
`
`received from the disclosing party;
`
`
`
`6
`
`
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`IPR2018-00883
`Protective Order
`
`
`c. Ensuring that support personnel of the receiving party who have
`
`access to the Confidential Information understand and abide by the
`
`obligation to maintain the confidentiality of information received that
`
`is designated as confidential; and
`
`d. Limiting the copying of Confidential Information to a reasonable
`
`number of copies needed for conduct of the proceeding and
`
`maintaining a record of the locations of such copies.
`
`8. Persons receiving Confidential 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 Confidential 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 qualify for
`
`confidential treatment.
`
`
`
`7
`
`
`
`ii. Where confidentiality is alleged as to some but not all of the
`
`IPR2018-00883
`Protective Order
`
`
`information submitted to the Board, the submitting party shall
`
`file confidential and nonconfidential versions of its submission,
`
`together with a Motion to Seal the confidential version setting
`
`forth the reasons why the information redacted from the
`
`nonconfidential 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 Information that is disclosed
`
`to another party during discovery or other proceedings before the
`
`Board shall be clearly marked as “CONFIDENTIAL - PROTECTIVE
`
`ORDER MATERIAL” or “HIGHLY CONFIDENTIAL –
`
`
`
`8
`
`
`
`IPR2018-00883
`Protective Order
`
`
`ATTORNEYS’ EYES ONLY,” respectively, and shall be exchanged
`
`in a manner that maintains its confidentiality.
`
`9. Unless otherwise provided herein, redacted copies of documents may be
`
`produced where the redacted portions contain privileged matter. Any
`
`redactions must be conspicuous.
`
`10. All Confidential Information, whether marked as “CONFIDENTIAL -
`
`PROTECTIVE ORDER MATERIAL” or “HIGHLY CONFIDENTIAL –
`
`ATTORNEYS’ EYES ONLY,” shall be used only for this proceeding, and
`
`shall not be used for any other purpose, unless agreed to otherwise in writing
`
`by the parties.
`
`
`
`9
`
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`
`
`Unified Patents Inc.
`
`Realtime Adaptive Streaming, LLC
`
`By:/Lionel M. Lavenue/
`
`By: /William P. Rothwell/
`
`IPR2018-00883
`Protective Order
`
`Lionel M. Lavenue (Reg. No. 46,859)
`Finnegan, Henderson, Farabow,
` Garrett & Dunner, LLP
`Two Freedom Square
`11955 Freedom Drive
`Reston, VA 20190-5675
`
`C. Brandon Rash (Reg. No. 59,121)
`James D. Stein (Reg. No. 63,782)
`Finnegan, Henderson, Farabow,
` Garrett & Dunner, LLP
`901 New York Avenue, NW
`Washington, DC 20001-4413
`
`Ashraf A. Fawzy (Reg. No. 67,914)
`Jonathan Stroud (Reg. No. 72,518)
`Unified Patents Inc.
`1875 Connecticut Ave., NW, Floor 10
`Washington, DC 20009
`
`
`William P. Rothwell (Reg. No. 72,522)
`Joel P.N. Stonedale (Reg. No. 76,924)
`NOROOZI PC
`2245 Texas Drive, Suite 300
`Sugar Land, TX 77479
`
`Kayvan B. Noroozi (Pro Hac Vice
`Pending)
`NOROOZI PC
`1299 Ocean Ave., Suite 450
`Santa Monica, CA 90401
`
`Neil A. Rubin (Reg. No. 67,030)
`Kent Shum (Reg. No. 61,117)
`RUSS AUGUST & KABAT
`12424 Wilshire Blvd., 12th Fl.
`Los Angeles, CA 90025
`
`
`
`10
`
`
`
`UNIFIED PATENTS, INC. v. REALTIME ADAPTIVE STREAMING, LLC
`
`EXHIBIT A
`
`IPR2018-00883
`Protective Order
`
`
`Case IPR2018-00883
`
`Patent No. 8,934,353
`
`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.
`
`Executed on ________________________, 20____.
`
`
`
`
`
`
`
`Attachment B
`
`Attachment B
`
`
`
`IPR2018-00883Protective Order
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________________
`
`UNIFIED PATENTS INC.
`
`Petitioner,
`
`v.
`
`REALTIME ADAPTIVE STREAMING, LLC,
`
`Patent Owner.
`
`____________________
`
`IPR2018-00883
`
`U.S. Patent 8,934,535
`
`____________________
`
`SYSTEMS AND METHODS FOR VIDEO AND AUDIO DATA STORAGE
`AND DISTRIBUTION
`
`____________________
`
`DEFAULT PROTECTIVE ORDER
`
`
`
`1
`
`
`
`
`
`
`
`
`
`IPR2018-00883Protective Order
`
`
`WHEREAS, Unified Patents, Inc. and Realtime Adaptive Streaming, LLC
`
`(collectively “parties” and, as the context requires “party”) are private entities that
`
`desire to keep confidential, in good faith, information that is not reasonably
`
`believed to be in the 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 voluntarily enter into this Protective Order.
`
`NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED,
`
`as follows:
`
`1. Confidential Information includes information (regardless of how it is
`
`generated, stored, or maintained) or tangible things that would qualify for
`
`protection under Federal Rule of Civil Procedure 26(c) or any other
`
`applicable rule of procedure, evidence, substantive law, and/or by agreement
`
`of the parties.
`
`2. Confidential Information shall be clearly marked “CONFIDENTIAL -
`
`PROTECTIVE ORDER MATERIAL” or “HIGHLY CONFIDENTIAL –
`
`ATTORNEYS’ EYES ONLY.” Confidential Information shall include
`
`
`
`2
`
`
`
`IPR2018-00883Protective Order
`
`
`information disclosed by one party to the other, which, if in written, graphic,
`
`machine-readable or other tangible form is marked as “CONFIDENTIAL -
`
`PROTECTIVE ORDER MATERIAL” or “HIGHLY CONFIDENTIAL –
`
`ATTORNEYS’ EYES ONLY” or which, if disclosed orally or by
`
`demonstration, is identified at the time of initial disclosure as confidential.
`
`Confidential Information shall not include any Information which (i) the
`
`parties agree, or the Board rules, is already public knowledge, (ii) the parties
`
`agree, or the Board rules, has become public knowledge other than as a
`
`result of disclosure by the receiving party, or (iii) is in the receiving party’s
`
`legitimate possession independently of the producing party.
`
`3. In the event that Confidential Information is made available for inspection,
`
`marking such information CONFIDENTIAL - PROTECTIVE ORDER
`
`MATERIAL or HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
`
`ONLY need not be completed with respect to inspected materials until
`
`copies of the materials are produced. Making documents and things
`
`available for inspection shall not constitute a waiver of any claim of
`
`confidentiality, and all materials provided for inspection by the party’s
`
`counsel shall be treated as though designated HIGHLY CONFIDENTIAL –
`
`ATTORNEYS’ EYES ONLY at the time of the inspection, unless otherwise
`
`agreed by the parties in writing.
`
`
`
`3
`
`
`
`IPR2018-00883Protective Order
`
`
`4. Any party may challenge a designation of confidentiality at any time. In the
`
`event of a challenge, the parties shall attempt to resolve such challenge in
`
`good faith and must meet and confer directly in voice to voice dialogue in
`
`connection with doing so.
`
`5. HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY Information
`
`shall be limited to such documents, materials, testimony, or information that
`
`the designating party believes, in good faith, contains information, the
`
`disclosure of which is likely to cause significant harm to the competitive
`
`position of the designating party or would violate confidentiality agreements
`
`with third parties. HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES
`
`ONLY Information may be disclosed only to:
`
`a. Outside counsel of record for a party in the proceeding, including
`
`employees of outside counsel of record’s law firm(s) to whom it is
`
`reasonably necessary to disclose this information to assist outside
`
`counsel of record in connection with this proceeding, including
`
`members of their firms, associate attorneys, paralegal, clerical, and
`
`other regular employees of such counsel. All in-house counsel and
`
`other representatives of the parties (other than outside counsel of
`
`record) shall not be allowed to view HIGHLY CONFIDENTIAL –
`
`ATTORNEYS’ EYES ONLY Information.
`
`
`
`4
`
`
`
`The following Standing Protective Order will be automatically entered into
`
`IPR2018-00883Protective Order
`
`
`the proceeding upon the filing of a petition for review or institution of a derivation:
`
`Standing Protective Order
`
`This standing protective order governs the treatment and filing of
`
`confidential information, including documents and testimony.
`
`1. Confidential information shall be clearly marked “PROTECTIVE ORDER
`
`MATERIAL.”
`
`2. Access to confidential information is limited to the following individuals who
`
`have executed the acknowledgment appended to this order:
`
`(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.
`
`a.b.
`
`Experts. Retained experts of a party in the proceeding who
`
`further certify in the Acknowledgement that they areare not employed
`
`by any party, not a competitor to any party, orand not a consultant for,
`
`or employed by, such a competitor with respect to the subject matter
`
`of the proceeding and certify in accordance with and sign the Standard
`
`
`
`5
`
`
`
`IPR2018-00883Protective Order
`
`
`Acknowledgment for Access to Protective Order Material
`
`(“Acknowledgment”), which is attached to this Protective Order as
`
`Exhibit A.
`
`(C) In-house counsel. In-house counsel of a party.
`
`(D) 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 confidential information only upon agreement of
`
`the parties or by order of the Board upon a motion brought by the
`
`party seeking to disclose confidential 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
`
`confidential information.
`
`b.c.
`
`The Office. Employees and representatives of the Office and
`
`Board who have a need for access to the confidential information shall
`
`have such access without the requirement to sign anthe
`
`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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`6
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`c.d.
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`Support Personnel. Administrative assistants, clerical staff,
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`IPR2018-00883Protective Order
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`court reporters, outside copying and exhibit preparation services and
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`other support personnel of the foregoing persons who are reasonably
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`necessary to assist those persons in the proceeding shall not be
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`required to sign anand who execute the Acknowledgement, but shall
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`be informed of the terms and requirements of the Protective Order by
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`the person they are supporting who receives confidential information.
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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
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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
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`2.7.
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`Persons receiving Confidential Information shall use reasonable
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`efforts to maintain the confidentiality of the information, including:
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`IPR2018-00883Protective Order
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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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`recipientreceiving party uses to maintain the confidentiality of
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`information not received from the disclosing party;
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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 information 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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`3.8.
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`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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`8
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`IPR2018-00883Protective Order
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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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`determines that the documents or information do not to qualify
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`for 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 non-confidentialnonconfidential versions
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`of its submission, together with a Motion to Seal the
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`confidential version setting forth the reasons why the
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`information redacted from the non-confidentialnonconfidential
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`version is confidential and should not be made available to the
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`public. The nonconfidential version of the submission shall
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`clearly indicate the locations of information that has been
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`redacted. The confidential version of the submission shall be
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`filed under seal. The redacted information shall remain under
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`seal unless, upon motion of a party and after a hearing on the
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`issue, or sua sponte, the Board determines that some or all of
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`9
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`the redacted information does not qualify for confidential
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`IPR2018-00883Protective Order
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`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 -
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`PROTECTIVE ORDER MATERIAL’’ and shall be produced” or
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`“HIGHLY CONFIDENTIAL – ATTORNEYS’ EYES ONLY,”
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`respectively, and shall be exchanged in a manner that maintains its
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`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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`10
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`EXHIBIT A
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`UNIFIED PATENTS, INC. v. REALTIME ADAPTIVE STREAMING, LLC
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`IPR2018-00883Protective Order
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`Case IPR2018-00883
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`Patent No. 8,934,353
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`Standard Acknowledgment for Access to Protective Order Material
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`
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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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