`
`MODIFIED PROTECTIVE ORDER
`
`The following Modified Protective Order will govern the filing and
`
`treatment of confidential information in the proceeding:
`
`
`
`Protective Order
`
`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.”
`
`2.
`
`Attorneys Eyes Only designated information shall be clearly marked
`
`“PROTECTIVE ORDER MATERIAL – ATTORNEYS EYES ONLY.” The
`
`Attorneys Eyes Only designation applies to Patent Owner’s detailed sales figures
`
`for alleged commercial embodiments, and any other documents or portions thereof
`
`containing such sales numbers. A receiving party may challenge a producing
`
`party’s Attorneys Eyes Only designation within ten (10) business days from receipt
`
`by requesting the producing party change the designation. The producing party
`
`within ten (10) business days after receipt of a written challenge, must advise the
`
`receiving party whether or not it will change the designation. If the parties are
`
`unable to reach agreement after the expiration of this ten (10) business day period,
`
`they shall meet and confer within five (5) business days. If the parties cannot
`
`
`
`1
`
`NOVOLUTO GMBH
`
`IPR2020-00007
`
`Exhibit 2070
`
`EX 2070_001
`
`
`
`resolve the issue, the producing party, within five (5) business days after the meet
`
`and confer, must either seek an order showing good cause as to why such
`
`information is entitled to the Attorneys Eyes Only designation or de-designate the
`
`information. The producing party must provide a redacted copy of any Attorneys
`
`Eyes Only designated information to the receiving party within five (5) business
`
`days after the Attorneys Eyes Only designated information is provided to the
`
`receiving party, or at least two (2) business days before the next Board filing date
`
`for the receiving party, whichever date is earlier. The redacted copy of the
`
`Attorneys Eyes Only designated information provided by the producing party may
`
`be publicly filed and/or disclosed by the receiving party. Until a ruling has been
`
`made on a dispute under this paragraph or the producing party de-designates the
`
`information, the Attorneys Eyes Only designation will remain in full force and
`
`effect, and the information continues to be protected by this Modified Protective
`
`Order. If the Board rules that the designated information does not deserve
`
`Attorneys Eyes Only protection, the producing party has the option of either de-
`
`designating the information or requesting the immediate destruction of the
`
`information by the receiving party, and removal of such information from the
`
`record.
`
`3.
`
`Access to confidential information is limited to the following
`
`
`
`2
`
`EX 2070_002
`
`
`
`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) Outside Counsel for the Parties.
`
`(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,
`
`or 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 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
`
`
`
`3
`
`EX 2070_003
`
`
`
`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.
`
`4.
`
`Access to Attorneys Eyes Only designated information is limited to
`
`the individuals identified above in 3.(B)-(C) and 3.(E) who have executed the
`
`acknowledgment appended to this order, and individuals in 3.(F).
`
`5.
`
`Employees (e.g., corporate officers), consultants, or other persons
`
`performing work for a party, other than those persons identified above in 3.(A)-
`
`(E), shall be extended access to confidential information or Attorneys Eyes Only
`
`designated 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 or
`
`Attorneys Eyes Only designated information to that person and after signing the
`
`Acknowledgment. The party opposing disclosure to that person shall have the
`
`burden of proving that such person should be restricted from access to confidential
`
`information or Attorneys Eyes Only designated information.
`
`6.
`
`Persons receiving confidential information or Attorneys Eyes Only
`
`designated information shall use reasonable efforts to maintain the confidentiality
`
`of the information, including:
`
`
`
`4
`
`EX 2070_004
`
`
`
`(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 or Attorneys Eyes Only
`
`designated information understand and abide by the obligation to
`
`maintain the confidentiality of information received that is designated
`
`as confidential or Attorneys Eyes Only; and
`
`(D) Limiting the copying of confidential information or Attorneys
`
`Eyes Only designated information to a reasonable number of copies
`
`needed for conduct of the proceeding and maintaining a record of the
`
`locations of such copies.
`
`7.
`
`Persons receiving confidential information or Attorneys Eyes Only
`
`designated information shall use the following procedures to maintain the
`
`
`
`5
`
`EX 2070_005
`
`
`
`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 or Attorneys Eyes Only designated 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 documents or information shall remain under
`
`seal unless the Board determines that some or all of it does not qualify
`
`for confidential Attorneys Eyes Only 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 or Attorneys Eyes Only designated information and
`
`should not be made available to the public. A party may challenge
`
`
`
`6
`
`EX 2070_006
`
`
`
`the confidentiality or Attorneys Eyes Only designation 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
`
`remain under seal unless the Board determines that some or all of the
`
`redacted information does not qualify for confidential or Attorneys
`
`Eyes Only designated treatment.
`
`(B) Documents and Information Exchanged Among
`
`the Parties.
`
`Documents (including deposition transcripts) and other information
`
`designated as confidential or Attorneys Eyes Only that are disclosed to
`
`another party during discovery or other proceedings before the Board shall
`
`be clearly marked as “PROTECTIVE ORDER MATERIAL” or
`
`“PROTECTIVE ORDER MATERIAL – ATTORNEYS EYES ONLY”
`
`respectively and shall be produced in a manner that maintains its
`
`confidentiality.
`
`8. Within 60 days after the final disposition of this action, including the
`
`exhaustion of all appeals and motions, each party receiving confidential or
`
`Attorneys Eyes Only designated information must return, or certify the destruction
`
`
`
`7
`
`EX 2070_007
`
`
`
`of, all copies of the confidential or Attorneys Eyes Only designated information to
`
`the producing party.
`
`9.
`
`Acknowledgement of Modified Protective Order. The following form
`
`will be used to acknowledge this Protective Order and gain access to information
`
`covered by the Protective Order:
`
`
`
`
`
`
`
`8
`
`EX 2070_008
`
`
`
`[CAPTION]
`
`Acknowledgment for Access to Protective Order Material
`
` I
`
` __________________________________________, affirm that I have read the
`
`Modified Protective Order; that I will abide by its terms; that I will use the
`
`confidential information or Attorneys Eyes Only designated 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 Modified Protective Order; that I am
`
`personally responsible for the requirements of the terms of the Modified 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 Modified Protective Order and providing remedies for its breach.
`
`________________________
`
`[Signature]
`
`________________________
`
`[Printed Name]
`
`________________________
`
`[Date]
`
`
`
`9
`
`EX 2070_009
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
