IPR2018-00952
`Patent 9,253,239
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`Unified Patents Inc.
`Petitioner
`
`v.
`
`Bradium Technologies, LLC
`Patent Owner
`
`____________________
`
`IPR2018-00952
`Patent 9,253,239
`____________________
`
`DEFAULT PROTECTIVE ORDER
`The following Standing Protective Order will be automatically entered into
`the proceeding upon the filing of a petition for review or institution of a derivation:
`
`Standing Protective Order
`
`Unified Patents v. Bradium Technologies
`IPR2018-00952
`Unified Exhibit 1026
`
`
`Patent 9,253,239
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`Unified Patents Inc.
`Petitioner
`
`v.
`
`Bradium Technologies, LLC
`Patent Owner
`
`____________________
`
`IPR2018-00952
`Patent 9,253,239
`____________________
`
`DEFAULT PROTECTIVE ORDER
`The following Standing Protective Order will be automatically entered into
`the proceeding upon the filing of a petition for review or institution of a derivation:
`
`Standing Protective Order
`
`Unified Patents v. Bradium Technologies
`IPR2018-00952
`Unified Exhibit 1026
`
`
`
`IPR2018-00952
`Patent 9,253,239
`
`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."” “Confidential information” includes information
`
`(regardless of how it is generated, stored or maintained) or tangible things that
`
`would qualify for protection from disclosure under Federal Rule of Civil Procedure
`
`26(c) or under trade secret law.
`
`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.
`
`(BA) Party Representatives. Representatives of record for a party in the
`
`proceeding. Bradium Technologies, LLC’s (“Bradium”) representatives include
`
`Bunsow De Mory LLP, its attorneys, paralegals, clerical and other regular
`
`employees.
`
`(CB) 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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`IPR2018-00952
`Patent 9,253,239
`
`(D) In-house counsel. In-house counsel of a party who appear as back-up
`
`counsel.
`
`(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
`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.
`
`(FE) The Office. Employees and representatives of the Office who have a
`
`need for access to the confidential 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.
`
`2
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`IPR2018-00952
`Patent 9,253,239
`
`(GF) 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 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. 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 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
`
`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.
`
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`IPR2018-00952
`Patent 9,253,239
`
`4. Any party may challenge a designation of confidentiality at any time. In
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`the event of a challenge, the parties shall attempt to resolve such challenge in good
`
`faith and meet and confer directly in voice to voice dialogue in connection with
`
`doing so. The parties may then approach the Board if unable to resolve a dispute.
`
`5. Nothing in this Protective Order is intended to affect the burden of proof
`
`on any party under 37 C.F.R. 42.20 or otherwise. Nothing in this Protective Order
`
`is intended to prevent Bradium from identifying in public filings, based on non-
`
`confidential information, the identities of any persons or parties whom it contends
`
`are real parties in interest or in privity with Petitioner, or to prevent the Board from
`
`identifying the names of any parties it finds are real parties in interest or in privity
`
`with Petitioner.
`
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`IPR2018-00952
`Patent 9,253,239
`
`6. Unless otherwise provided herein, redacted copies of documents may be
`
`produced where the redacted portions contain privileged matter. Any redactions
`
`must be conspicuous. Any party can request additional information to assess
`
`privilege on a reasonable number of the redactions or documents withheld from
`
`production. Any party may challenge the propriety of redactions or the
`
`withholding of documents. In the event of a challenge to a redaction or the
`
`withholding of a document on the basis of privilege, the parties shall attempt to
`
`resolve such challenge in good faith and meet and confer directly in voice to voice
`
`dialogue in connection with doing so. The parties may then approach the Board if
`
`unable to resolve a dispute.
`
`7. Confidential information shall be used only for this proceeding and not
`
`for any other purpose, except that confidential information may be used in
`
`subsequent IPR proceedings, subject to an equivalent protective order, that involve
`
`the same patent, in which there is a dispute regarding real party in interest or
`
`privity, or where it is contended that estoppel or a time bar applies as a result of
`
`IPR2018-00952.
`
`48. Persons receiving confidential information shall use the following
`
`procedures to maintain the confidentiality of the information:
`
`(A) Documents and informationInformation Filed With the Board.
`5
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`
`
`IPR2018-00952
`Patent 9,253,239
`
`(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 to qualify for confidential treatment.
`
`(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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`IPR2018-00952
`Patent 9,253,239
`
`(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 “PROTECTIVE
`
`ORDER MATERIAL"” and shall be produced in a manner that maintains its
`
`confidentiality.
`
`(j) Standard Acknowledgement of Protective Order. The following form may
`
`be used to acknowledge a protective order and gain acrossaccess to information
`
`covered by the protective order:.
`
`[CAPTION]
`
`Unified Patents Inc.
`
`By:
`
`_______________________________
`
`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
`
`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
`
`Jonathan E. Robe (Reg. No. 76,033)
`Wilmer Cutler Pickering Hale and Dorr LLP
`7
`
`
`
`IPR2018-00952
`Patent 9,253,239
`
`1875 Pennsylvania Avenue, NW
`Washington, DC 20006
`jonathan.robe@wilmerhale.com
`
`Jonathan Stroud (Reg. No. Reg. 72,518)
`Unified Patents Inc.
`1875 Connecticut Ave., NW. Floor 10
`Washington, D.C., 20009
`jonathan@unifiedpatents.com
`
`Roshan S. Mansinghani (Reg. 62,429)
`Unified Patents Inc.
`13355 Noel Road, Suite 1100
`Dallas, TX 75240
`Tel: (214) 945-0200
`Email: roshan@unifiedpatents.com
`
`Bradium Technologies LLC
`
`By:
`
`_______________________________
`
`8
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`
`
`IPR2018-00952
`Patent 9,253,239
`
`Chris J. Coulson (Reg. No. 61,771)
`Bunsow De Mory LLP
`101 Brambach Rd.
`Scarsdale, NY 10583
`ccoulson@bdiplaw.com
`
`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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`IPR2018-00952
`Patent 9,253,239
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________________
`
`UNIFIED PATENTS INC.
`Petitioner
`
`v.
`
`BRADIUM TECHNOLOGIES, LLC
`Patent Owner
`
`____________________
`
`IPR2018-00952
`Patent 9,253,239
`____________________
`
`Standard AcknowledgementAcknowledgment for Access to Protective Order
`
`Material
`
`1
`
`
`
`IPR2018-00952
`Patent 9,253,239
`
`I __________________________, affirm that I have read the Protective
`
`Order; that I will abide by its terms; that lI will use the confidential information
`
`only in connection with this proceeding and for no other purpose, except that
`
`confidential information may be used in subsequent IPR proceedings, subject to an
`
`equivalent protective order, that involve the same patent, in which there is a
`
`dispute regarding real party in interest or privity, or where it is contended that
`
`estoppel or a time bar applies as a result of IPR2018-00952; 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]
`
`By _________________________________
`
`Date: _______________________________
`
`2
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