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`This standing protective order governs the treatment and filing of confidential
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`information, including documents and testimony in IPR 2019-01655.
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` 1. Confidential information shall be clearly marked “PROTECTIVE ORDER MATERIAL.”
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` 2. Access to confidential information is limited to the following counsel only for
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`Petitioner in IPR-2019-01655 and counsel and personnel for the USPTO. Petitioner’s counsel
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`who may access the confidential information are John M. Baird, Ashraf Fawzy, Jonathan Stroud,
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`Roshan Mansinghani, Patrick McPhersonand Paul Belnap. Access is also provided for personnel
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`of the USPTO (“OFFICE” herein). Employees and representatives of the Office who have a need
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`for access to the confidential information shall have such access without the requirement to sign
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`an Acknowledgement. Such employees and representatives shall include the Director, members
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`of the Board and their clerical staff, other support personnel, court reporters, and other persons
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`acting on behalf of the Office. Office personnel shall include Support Personnel. Administrative
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`assistants, clerical staff, court reporters and other support personnel of the foregoing persons
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`who are reasonably necessary to assist those persons in the proceeding shall not be required to
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`sign an Acknowledgement, but shall be informed of the terms and requirements of the
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`Protective Order by the person they are supporting who receives confidential information.
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`3. Persons receiving confidential information shall use reasonable efforts to maintain
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`the confidentiality of the information, including: (A) Maintaining such information in a secure
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`location to which persons not so authorized to receive the information shall not have access; (B)
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`Otherwise using reasonable efforts to maintain the confidentiality of the information, which
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`efforts shall be no less rigorous than those the recipient uses to maintain the confidentiality of
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`information not received from the disclosing party; (C) Ensuring that support personnel of the
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`recipient who have access to the confidential information understand and abide by the
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`obligation to maintain the confidentiality of information received that is designated as
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`confidential; and (D) Limiting the copying of confidential information to a reasonable number of
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`copies needed for conduct of the proceeding and maintaining a record of the locations of such
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`copies.
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`4. Persons receiving confidential information shall use the following procedures to
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`maintain the confidentiality of the information:
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` (A) Documents and Information Filed with the Board. (i) A party may file documents or
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`information with the Board under seal, together with a non-confidential description of the
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`nature of the confidential information that is under seal and the reasons why the information is
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`confidential and should not be 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 party and after a hearing on the
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`issue, or sua sponte, the Board determines that the documents or information do not to qualify
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`for confidential treatment. (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 file confidential and
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`nonconfidential versions of its submission, together with a Motion to Seal the confidential
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`version setting forth the reasons why the information redacted from the non-confidential
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`version is confidential and should not be made available to the public. The nonconfidential
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`version of the submission shall clearly indicate the locations of information that has been
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`redacted. The confidential version of the submission shall be filed under seal. The redacted
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`information shall remain under 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 the redacted information does
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`not qualify for confidential treatment.
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` (B) Documents and Information Exchanged Among the Parties. Information designated as
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`confidential that is disclosed to another party during discovery or other proceedings before the
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`Board shall be clearly marked as “PROTECTIVE ORDER MATERIAL” and shall be produced in a
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`manner that maintains its confidentiality.
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`5. Standard Acknowledgment for Access to Protective Order Material
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`The following acknowledgment for access to Protective Order Material shall be signed by all
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`outside counsel representing any party other than Patent Owner in this proceeding:
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`I __________________________________________, 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 only in connection with
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`this proceeding and for no other purpose; that I will only allow access to support staff who are
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`reasonably necessary to assist me in this proceeding; that prior to any disclosure to such support staff I
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`informed or 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 submit to the
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`jurisdiction of the USPTO and the United States District Court for the Eastern District of Virginia for
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`purposes of enforcing the terms of the Protective Order and providing remedies for its breach.
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`_________________
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`Date
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`_____________________________________________
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`Signature
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