` Patent No. 8,552,978
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`GOOGLE LLC, ZTE (USA), INC.,
`SAMSUNG ELECTRONICS CO., LTD.,
`LG ELECTRONICS INC., HUAWEI DEVICE USA, INC.,
`HUAWEI DEVICE CO. LTD., HUAWEI TECHNOLOGIES CO. LTD.,
`HUAWEI DEVICE (DONGGUAN) CO. LTD.,
`HUAWEI INVESTMENT & HOLDING CO. LTD.,
`HUAWEI TECH. INVESTMENT CO. LTD., and
`HUAWEI DEVICE (HONG KONG) CO. LTD.,
`Petitioner
`
`v.
`
`CYWEE GROUP LTD.,
`Patent Owner.
`
`
`
`
`
`
`
`Case IPR2018-01257
`U.S. Patent No. 8,552,978
`
`
`JOINT MOTION TO MODIFY DEFAULT PROTECTIVE ORDER
`
`
`
` Case IPR2018-01257
` Patent No. 8,552,978
`
`
`
`
`
`The Parties have conferred and jointly request entry of the attached
`
`Protective Order to modify the Default Protective Order. The Parties have agreed
`
`to this modified Protective Order.
`
`
`
`Attachment A is the agreed upon modified Protective Order. Attachment B
`
`is a red-line version of the modified Protective Order showing changed from the
`
`Default Protective Order.
`
`
`
`This Motion accompanies Patent Owner’s Motion to Seal Ex. 2031 (Paper
`
`47) as HIGHLY CONFIDENTIAL PROTECTIVE ORDER MATERIAL.
`
`
`
`Date: August 13, 2019
`
`/Matthew A. Smith/ (RN 49,003)
`Matthew A. Smith
`SMITH BALUCH LLP
`1100 Alma St., Ste 109
`Menlo Park, CA
`(202) 669-6207
`smith@smithbaluch.com
`
`Counsel for Petitioner Google LLC
`
`
`
`/Jay P. Kesan/ (Reg. No. 37,488)
`Jay P. Kesan
`DIMURO GINSBURG P.C.
`1101 King Street, Suite 610
`Alexandria, Virginia 22314
`(703) 684-4333
`JKesan@dimuro.com
`
`Counsel for Patent Owner
`Cywee Group Ltd.
`
`
`
` Case IPR2018-01257
` Patent No. 8,552,978
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that the foregoing Stipulation Modifying
`
`Scheduling Order was served by electronic mail on Tuesday, August 13, 2019, on
`
`all counsel of record at the United States Patent & Trademark Office.
`
`
`
`Date: August 13, 2019
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`/Jay P. Kesan/
`Jay P. Kesan
`Reg. No. 37,488
`
`Counsel for Patent Owner
`Cywee Group Ltd.
`
`
`
`ATTACHMENT A
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`GOOGLE LLC, ZTE (USA), INC.,
`SAMSUNG ELECTRONICS CO., LTD.,
`LG ELECTRONICS INC., HUAWEI DEVICE USA, INC.,
`HUAWEI DEVICE CO. LTD., HUAWEI TECHNOLOGIES CO. LTD.,
`HUAWEI DEVICE (DONGGUAN) CO. LTD.,
`HUAWEI INVESTMENT & HOLDING CO. LTD.,
`HUAWEI TECH. INVESTMENT CO. LTD., and
`HUAWEI DEVICE (HONG KONG) CO. LTD.,
`Petitioner
`
`v.
`
`CYWEE GROUP LTD.,
`Patent Owner.
`
`
`
`
`
`
`
`Case IPR2018-01257 (Patent 8,552,978 B2)
`Case IPR2018-01258 (Patent 8,441,438 B2)
`
`PROTECTIVE ORDER
`
`
`
`IPR2018-01257 (Patent 8,552,978 B2)
`IPR2018-01258 (Patent 8,441,438 B2)
`
`
`This protective order governs the treatment and filing of confidential
`information, including documents and testimony.
`
`1. Confidential information shall be clearly marked “PROTECTIVE ORDER
`MATERIAL” or “HIGHLY CONFIDENTIAL PROTECTIVE ORDER
`MATERIAL.” Confidential information marked “HIGHLY CONFIDENTIAL
`PROTECTIVE ORDER MATERIAL” shall include any confidential information
`contained in Exhibit 2031 (even if not marked as such).
`
`2. Access to another party’s confidential information marked “PROTECTIVE
`ORDER MATERIAL” 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.
`
`(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, and
`other than work as an independent expert regarding U.S. Patents 8,552,978 and
`8,441,438, are not a consultant for, or employed by, such a competitor with respect
`to the subject matter of the proceeding.
`
`(D) In-house counsel. In-house counsel of a party.
`
`(E) Support Personnel. Administrative assistants, clerical staff, court
`reporters and other support personnel (excluding patent agents and technical
`advisors, any of whom are substantively involved in the merits of the proceeding)
`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.
`
`(F) The Office. Employees and representatives of the United States Patent
`and Trademark 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
`
`
`
`IPR2018-01257 (Patent 8,552,978 B2)
`IPR2018-01258 (Patent 8,441,438 B2)
`
`Access to another party’s confidential information marked “HIGHLY
`3.
`CONFIDENTIAL PROTECTIVE ORDER MATERIAL” is limited to the
`following individuals who have executed the acknowledgment appended to this
`order:
`
`(A) Party Representatives. Individuals who are outside counsel of record for
`
`a party in the proceeding.
`
`(B) Support Personnel. Administrative assistants, clerical staff, court
`
`reporters and other support personnel (excluding patent agents and technical
`advisors, any of whom are substantively involved in the merits of the proceeding)
`of the foregoing persons identified in paragraph 3(A) who are reasonably necessary
`to assist those individuals 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.
`
`(C) Experts. Subject to the limitation in the next sentence, retained experts
`of a party in the proceeding who further certify in the Acknowledgement that they
`are not a competitor to any party, and other than work as an independent expert
`regarding U.S. Patents 8,552,978 and 8,441,438, are not a consultant for, or
`employed by, such a competitor with respect to the subject matter of the
`proceeding. The only “HIGHLY CONFIDENTIAL PROTECTIVE ORDER
`MATERIAL” that the individuals identified in this paragraph 3(C) may access is
`confidential information contained in Exhibit 2031 (even if not marked as such).
`
`
`
`(D) The Office. Individuals identified in paragraph 2(F).
`
`Except as set forth above, employees (e.g., corporate officers), consultants,
`4.
`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.
`
`Persons receiving confidential information shall use reasonable efforts to
`5.
`maintain the confidentiality of the information, including:
`
`
`
`3
`
`
`
`IPR2018-01257 (Patent 8,552,978 B2)
`IPR2018-01258 (Patent 8,441,438 B2)
`
`
`(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.
`
`Persons receiving confidential information shall use the following
`6.
`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 along with
`a Motion to Seal. The Motion to Seal should provide a non-confidential description
`of the nature of the confidential information that is under seal, and set forth the
`reasons why the information is confidential and should not be made available to
`the public. A party may challenge the confidentiality of the information by
`opposing the Motion to Seal. The submission shall be treated as confidential and
`remain under seal, unless the Board determines that the documents or information
`do not to qualify for confidential treatment. The information shall remain under
`seal unless the Board determines that some or all of the information does not
`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. A party may challenge the confidentiality of the information by opposing
`the Motion to Seal. The non-confidential 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
`
`
`
`4
`
`
`
`IPR2018-01257 (Patent 8,552,978 B2)
`IPR2018-01258 (Patent 8,441,438 B2)
`
`remain under seal unless 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. Documents
`(including deposition transcripts) and other information designated as confidential
`that are disclosed to another party during discovery or other proceedings before the
`Board shall be clearly marked as “PROTECTIVE ORDER MATERIAL” or
`“HIGHLY CONFIDENTIAL PROTECTIVE ORDER MATERIAL,” as the case
`may be, and shall be produced in a manner that maintains its confidentiality.
`
`7. Within 60 days after the final disposition of this action, including the
`exhaustion of all appeals and motions, each party receiving confidential
`information must return, or certify the destruction of, all copies of the confidential
`information to the producing party.
`
`
`
`AGREED TO BY AND BETWEEN:
`
`
`
`
`
`
`
`On behalf of Google LLC:
`
`
`____________________________
`SMITH BALUCH LLP
`1100 Alma St., Ste. 109
`Menlo Park, CA
`(202) 669-6207
`smith@smithbaluch.com
`
`On behalf of CyWee Group Ltd.:
`
`
`____________________________
`DIMURO GINSBURG P.C.
`1101 King Street, Suite 610
`Alexandria, Virginia 22314
`(703) 684-4333
`JKesan@dimuro.com
`
`5
`
`
`
`IPR2018-01257 (Patent 8,552,978 B2)
`IPR2018-01258 (Patent 8,441,438 B2)
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`GOOGLE LLC, ZTE (USA), INC.,
`SAMSUNG ELECTRONICS CO., LTD.,
`LG ELECTRONICS INC., HUAWEI DEVICE USA, INC.,
`HUAWEI DEVICE CO. LTD., HUAWEI TECHNOLOGIES CO. LTD.,
`HUAWEI DEVICE (DONGGUAN) CO. LTD.,
`HUAWEI INVESTMENT & HOLDING CO. LTD.,
`HUAWEI TECH. INVESTMENT CO. LTD., and
`HUAWEI DEVICE (HONG KONG) CO. LTD.,
`Petitioner
`
`v.
`
`CYWEE GROUP LTD.,
`Patent Owner.
`
`
`
`
`
`
`
`
`
`
`
`
`Case IPR2018-01257 (Patent 8,552,978 B2)
`Case IPR2018-01258 (Patent 8,441,438 B2)
`
`Acknowledgment for Access to Protective Order Material
`
`
`
`6
`
`
`
`IPR2018-01257 (Patent 8,552,978 B2)
`IPR2018-01258 (Patent 8,441,438 B2)
`
`
`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.
`
`
`_______________________
`[Signature]
`
`
`
`7
`
`
`
`ATTACHMENT B
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`GOOGLE LLC, ZTE (USA), INC.,
`SAMSUNG ELECTRONICS CO., LTD.,
`LG ELECTRONICS INC., HUAWEI DEVICE USA, INC.,
`HUAWEI DEVICE CO. LTD., HUAWEI TECHNOLOGIES CO. LTD.,
`HUAWEI DEVICE (DONGGUAN) CO. LTD.,
`HUAWEI INVESTMENT & HOLDING CO. LTD.,
`HUAWEI TECH. INVESTMENT CO. LTD., and
`HUAWEI DEVICE (HONG KONG) CO. LTD.,
`Petitioner
`
`v.
`
`CYWEE GROUP LTD.,
`Patent Owner.
`
`
`
`
`
`
`
`Case IPR2018-01257 (Patent 8,552,978 B2)
`Case IPR2018-01258 (Patent 8,441,438 B2)
`
`PROTECTIVE ORDER
`
`Formatted: Left
`
`Formatted: Left
`
`
`
`IPR2018-01257 (Patent 8,552,978 B2)
`IPR2018-01258 (Patent 8,441,438 B2)
`
`
`This protective order governs the treatment and filing of confidential
`information, including documents and testimony.
`
`1. Confidential information shall be clearly marked “PROTECTIVE ORDER
`MATERIAL” or “HIGHLY CONFIDENTIAL PROTECTIVE ORDER
`MATERIAL.” Confidential information marked “HIGHLY CONFIDENTIAL
`PROTECTIVE ORDER MATERIAL” shall include any confidential information
`contained in Exhibit 2031 (even if not marked as such).
`
`2. Access to another party’s confidential information marked “PROTECTIVE
`ORDER MATERIAL” 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.
`
`(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, and
`other than work as an independent expert regarding U.S. Patents 8,552,978 and
`8,441,438, are not a consultant for, or employed by, such a competitor with respect
`to the subject matter of the proceeding.
`
`(D) In-house counsel. In-house counsel of a party.
`
`(E) Support Personnel. Administrative assistants, clerical staff, court
`reporters and other support personnel (excluding patent agents and technical
`advisors, any of whom are substantively involved in the merits of the proceeding)
`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.
`
`(F) The Office. Employees and representatives of the United States Patent
`and Trademark 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
`
`
`
`IPR2018-01257 (Patent 8,552,978 B2)
`IPR2018-01258 (Patent 8,441,438 B2)
`
`Access to another party’s confidential information
`Employees3.
`.
`marked “HIGHLY CONFIDENTIAL PROTECTIVE ORDER MATERIAL” is
`limited to the following individuals who have executed the acknowledgment
`appended to this order:
`
`(A) Party Representatives. Individuals who are outside counsel of record for
`
`a party in the proceeding.
`
`(B) Support Personnel. Administrative assistants, clerical staff, court
`
`reporters and other support personnel (excluding patent agents and technical
`advisors, any of whom are substantively involved in the merits of the proceeding)
`of the foregoing persons identified in paragraph 3(A) who are reasonably necessary
`to assist those individuals 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.
`
`(C) Experts. Subject to the limitation in the next sentence, retained experts
`of a party in the proceeding who further certify in the Acknowledgement that they
`are not a competitor to any party, and other than work as an independent expert
`regarding U.S. Patents 8,552,978 and 8,441,438, are not a consultant for, or
`employed by, such a competitor with respect to the subject matter of the
`proceeding. The only “HIGHLY CONFIDENTIAL PROTECTIVE ORDER
`MATERIAL” that the individuals identified in this paragraph 3(C) may access is
`confidential information contained in Exhibit 2031 (even if not marked as such).
`
`
`
`(D) The Office. Individuals identified in paragraph 2(F).
`
`Except as set forth above, employees (e.g., corporate officers), consultants,
`4.
`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.
`
`Persons receiving confidential information shall use reasonable efforts to
`5.
`maintain the confidentiality of the information, including:
`
`
`
`3
`
`
`
`IPR2018-01257 (Patent 8,552,978 B2)
`IPR2018-01258 (Patent 8,441,438 B2)
`
`
`(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.
`
`Persons receiving confidential information shall use the following
`6.
`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 along with
`a Motion to Seal. The Motion to Seal should provide a non-confidential description
`of the nature of the confidential information that is under seal, and set forth the
`reasons why the information is confidential and should not be made available to
`the public. A party may challenge the confidentiality of the information by
`opposing the Motion to Seal. The submission shall be treated as confidential and
`remain under seal, unless the Board determines that the documents or information
`do not to qualify for confidential treatment. The information shall remain under
`seal unless the Board determines that some or all of the information does not
`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. A party may challenge the confidentiality of the information by opposing
`the Motion to Seal. The non-confidential 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
`
`
`
`4
`
`
`
`IPR2018-01257 (Patent 8,552,978 B2)
`IPR2018-01258 (Patent 8,441,438 B2)
`
`remain under seal unless 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. Documents
`(including deposition transcripts) and other information designated as confidential
`that are disclosed to another party during discovery or other proceedings before the
`Board shall be clearly marked as “PROTECTIVE ORDER MATERIAL” or
`“HIGHLY CONFIDENTIAL PROTECTIVE ORDER MATERIAL,” as the case
`may be, and shall be produced in a manner that maintains its confidentiality.
`
`7. Within 60 days after the final disposition of this action, including the
`exhaustion of all appeals and motions, each party receiving confidential
`information must return, or certify the destruction of, all copies of the confidential
`information to the producing party.
`
`
`
`AGREED TO BY AND BETWEEN:
`
`
`
`
`
`
`
`On behalf of Google LLC:
`
`
`____________________________
`SMITH BALUCH LLP
`1100 Alma St., Ste. 109
`Menlo Park, CA
`(202) 669-6207
`smith@smithbaluch.com
`
`On behalf of CyWee Group Ltd.:
`
`
`____________________________
`DIMURO GINSBURG P.C.
`1101 King Street, Suite 610
`Alexandria, Virginia 22314
`(703) 684-4333
`JKesan@dimuro.com
`
`5
`
`
`
`IPR2018-01257 (Patent 8,552,978 B2)
`IPR2018-01258 (Patent 8,441,438 B2)
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`GOOGLE LLC, ZTE (USA), INC.,
`SAMSUNG ELECTRONICS CO., LTD.,
`LG ELECTRONICS INC., HUAWEI DEVICE USA, INC.,
`HUAWEI DEVICE CO. LTD., HUAWEI TECHNOLOGIES CO. LTD.,
`HUAWEI DEVICE (DONGGUAN) CO. LTD.,
`HUAWEI INVESTMENT & HOLDING CO. LTD.,
`HUAWEI TECH. INVESTMENT CO. LTD., and
`HUAWEI DEVICE (HONG KONG) CO. LTD.,
`Petitioner
`
`v.
`
`CYWEE GROUP LTD.,
`Patent Owner.
`
`
`
`
`
`
`
`
`
`
`
`
`Case IPR2018-01257 (Patent 8,552,978 B2)
`Case IPR2018-01258 (Patent 8,441,438 B2)
`
`Acknowledgment for Access to Protective Order Material
`
`
`
`6
`
`
`
`IPR2018-01257 (Patent 8,552,978 B2)
`IPR2018-01258 (Patent 8,441,438 B2)
`
`
`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.
`
`
`_______________________
`[Signature]
`
`
`
`7
`
`