Unified Patents v. Bradium Technologies
`IPR2018-00952
`Unified Exhibit 1025
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`IPR2018-00952
`Unified Exhibit 1025
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`IPR2018-00952
`Patent 9,253,239
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`This standing protective order governs the treatment and filing of
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`confidential information, including documents and testimony.
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`1. Confidential information shall be clearly marked “PROTECTIVE
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`ORDER MATERIAL.” “Confidential information” includes information
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`(regardless of how it is generated, stored or maintained) or tangible things that
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`would qualify for protection from disclosure under Federal Rule of Civil Procedure
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`26(c) or undertrade secret law.
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`2. Access to confidential informationis limited to:
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`(A) Party Representatives. Representatives of record for a party in the
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`proceeding. Bradium Technologies, LLC’s (“Bradium”) representatives include
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`Bunsow De Mory LLP,its attorneys, paralegals, clerical and other regular
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`employees.
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`(B) Experts. Retained experts of a party in the proceeding whofurther
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`certify in the Acknowledgementthat they are not a competitor to any party, or a
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`consultant for, or employed by, such a competitor with respect to the subject matter
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`of the proceeding.
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`(D) In-house counsel. In-house counsel of a party who appear as back-up
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`counsel.
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`ActiveUS 169536064v. 1
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`IPR2018-00952
`Patent 9,253,239
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`(E) The Office. Employees and representatives of the Office who have a
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`need for access to the confidential information shall have such access without the
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`requirement to sign an Acknowledgement. Such employees and representatives
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`shall include the Director, members of the Board andtheir clerical staff, other
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`support personnel, court reporters, and other persons acting on behalf of the Office.
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`(F) Support Personnel. Administrative assistants, clerical staff, court
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`reporters, outside copying and exhibit preparation services and other support
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`personnel of the foregoing persons whoare reasonably necessary to assist those
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`persons in the proceeding shall not be required to sign an Acknowledgement, but
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`shall be informed of the terms and requirements of the Protective Order by the
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`person they are supporting who receives confidential information.
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`3. Persons receiving confidential information shall use reasonable efforts to
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`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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`authorized to receive the information shall not have access;
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`(B) Otherwise using reasonable efforts to maintain the confidentiality of the
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`information, which efforts shall be no less rigorous than those the recipient uses to
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`maintain the confidentiality of information not received from the disclosing party;
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`ActiveUS 169536064v. 1
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`IPR2018-00952
`Patent 9,253,239
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`(C) Ensuring that support personnel of the recipient who haveaccessto the
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`confidential information understand and abide by the obligation to maintain the
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`confidentiality of information received that is designated as confidential; and
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`(D) Limiting the copying of confidential information to a reasonable number
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`of copies needed for conduct of the proceeding and maintaining a record of the
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`locations of such copies.
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`4, Any party may challenge a designation of confidentiality at any time.
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`In
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`the event of a challenge, the parties shall attempt to resolve such challenge in good
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`faith and meet and confer directly in voice to voice dialogue in connection with
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`doing so. The parties may then approach the Board if unableto resolve a dispute.
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`5. Nothing in this Protective Order is intended to affect the burden of proof
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`on any party under 37 C.F.R. 42.20 or otherwise. Nothing in this Protective Order
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`is intended to prevent Bradium from identifying in public filings, based on non-
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`confidential information, the identities of any persons or parties whom it contends
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`are real parties in interest or in privity with Petitioner, or to prevent the Board from
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`identifying the namesof any parties it finds are real parties in interest or in privity
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`with Petitioner.
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`ActiveUS 169536064v. 1
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`IPR2018-00952
`Patent 9,253,239
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`6. Unless otherwise provided herein, redacted copies of documents may be
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`produced where the redacted portions contain privileged matter. Any redactions
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`must be conspicuous. Any party can request additional information to assess
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`privilege on a reasonable numberofthe redactions or documents withheld from
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`production. Any party may challenge the propriety of redactionsorthe
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`withholding of documents. In the event of a challenge to a redaction or the
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`withholding of a document onthe basis of privilege, the parties shall attempt to
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`resolve such challenge in good faith and meet and confer directly in voice to voice
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`dialogue in connection with doing so. The parties may then approach the Boardif
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`unable to resolve a dispute.
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`7. Confidential information shall be used only for this proceeding and not
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`for any other purpose, except that confidential information may be used in
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`subsequent IPR proceedings, subject to an equivalent protective order, that involve
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`the same patent, in which there is a dispute regarding real party in interest or
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`privity, or where it is contended that estoppel or a time bar applies as a result of
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`IPR2018-00952.
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`8. 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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`ActiveUS 169536064v. I
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`IPR2018-00952
`Patent 9,253,239
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`(i) A party may file documents or information with the Board underseal,
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`together with a non-confidential description of the nature of the confidential
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`information that is under seal and the reasons why the information is confidential
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`and should not be made available to the public. The submission shall be treated as
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`confidential and remain underseal, unless, upon motion of a party and after a
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`hearing on the issue, or sua sponte, the Board determines that the documents or
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`information do not qualify for confidential treatment.
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`(ii) Where confidentiality is alleged as to some butnotall of the information
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`submitted to the Board, the submitting party shall file confidential and non-
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`confidential versions of its submission, together with a Motion to Seal the
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`confidential version setting forth the reasons why the information redacted from
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`the non-confidential version is confidential and should not be made available to the
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`public. The nonconfidential version ofthe submission shall clearly indicate the
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`locations of information that has been redacted. The confidential version of the
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`submission shall be 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 issue, or sua sponte,
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`the Board determines that someorall of the redacted information does not qualify
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`for confidential treatment.
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`ActiveUS 169536064v.1
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`IPR2018-00952
`Patent 9,253,239
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`(B) Documents and Information Exchanged Among the Parties. Information
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`designated as confidential that is disclosed to another party during discovery or
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`other proceedings before the Board shall be clearly marked as “PROTECTIVE
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`ORDER MATERIAL”and shall be produced in a mannerthat maintainsits
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`confidentiality.
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`(j) Standard AcknowledgementofProtective Order. The following form may
`be used to acknowledge a protective order and gain accessto information covered
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`by the protective order.
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`Unified Patents Inc.
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`By:
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`/ Jonathan E Robe /
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`August 30, 2018
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`David L. Cavanaugh (Reg. No. 36,476)
`Wilmer Cutler Pickering Hale and Dorr LLP
`1875 Pennsylvania Avenue, NW
`Washington, DC 20006
`david.cavanaugh@wilmerhale.com
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`Daniel V. Williams (Reg. No. 45,221)
`Wilmer Cutler Pickering Hale and Dorr LLP
`1875 Pennsylvania Avenue, NW
`Washington, DC 20006
`daniel.williams@wilmerhale.com
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`Jonathan E. Robe (Reg. No. 76,033)
`Wilmer Cutler Pickering Hale and Dorr LLP
`1875 Pennsylvania Avenue, NW
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`ActiveUS 169536064v. |
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`IPR2018-00952
`Patent 9,253,239
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`Washington, DC 20006
`jonathan.robe@wilmerhale.com
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`Jonathan Stroud (Reg. No. Reg. 72,518)
`Unified Patents Inc.
`1875 Connecticut Ave., NW. Floor 10
`Washington, D.C., 20009
`jonathan@unifiedpatents.com
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`Roshan S. Mansinghani (Reg. No. 62,429)
`Unified Patents Inc.
`13355 Noel Road, Suite 1100
`Dallas, TX 75240
`Tel: (214) 945-0200
`Email: roshan@unifiedpatents.com
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`Bradium Technologies LLC --~
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`py CCA.Lee:2.
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`4
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`Chris J. Coulson (Reg. No. 61,771)
`Bunsow De Mory LLP
`101 Brambach Rd.
`Scarsdale, NY 10583
`ccoulson@bdiplaw.com
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`Michael N. Zachary (pro hac vice pending)
`Lauren N. Robinson (Reg. No. 74,404)
`Bunsow De Mory LLP
`701 El Camino Real
`Redwood City, CA 94063
`mzachary(@bdiplaw.com
`lrobinson@bdiplaw.com
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`AcuivecltS 169330064.
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`IPR2018-00952
`Patent 9,253,239
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`UNITED STATES PATENT AND TRADEMARKOFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`UNIFIED PATENTSINC.
`Petitioner
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`Vv.
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`BRADIUM TECHNOLOGIES, LLC
`Patent Owner
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`IPR2018-00952
`Patent 9,253,239
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`Acknowledgment for Access to Protective Order Material
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`ActiveUS 169536064v. |
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`IPR2018-00952
`Patent 9,253,239
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`I
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`, affirm that I have read the Protective
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`Order; that I will abide by its terms; that I will use the confidential information
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`only in connection with this proceeding and for no other purpose, except that
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`confidential information may be used in subsequent IPR proceedings, subject to an
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`equivalent protective order, that involve the same patent, in which there is a
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`dispute regarding real party in interest or privity, or where it 1s contended that
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`estoppel or a time bar applies as a result of IPR2018-00952; that I will only allow
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`access to support staff who are reasonably necessary to assist me in this
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`proceeding; that prior to any disclosure to such support staff I informed or will
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`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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`By
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`Date:
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`ActiveUS 169536064v. |
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