`U.S. Patent No. 8,023,580
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________
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`APPLE INC.,
`
`Petitioner,
`
`v.
`
`REMBRANDT WIRELESS TECHNOLOGIES, LP,
`
`Patent Owner.
`
`____________
`
`Case IPR2020-00033
`
`U.S. Patent No. 8,023,580
`
`____________
`
`STIPULATED DEFAULT PROTECTIVE ORDER
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`Apple Exhibit 1034
`Apple Inc. v. Rembrandt Wireless
`IPR2020-00033
`Page 00001
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`This Stipulated Default Protective Order will govern the filing and treatment
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`of confidential information in the proceeding.
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`1.
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`Confidential information shall be clearly marked “PROTECTIVE
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`ORDER MATERIAL.”
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`2.
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`Access to confidential information is limited to the following
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`individuals who have executed the acknowledgment appended to this order:
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`(A) Parties. Persons who are owners of a patent involved in the
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`proceeding and other persons who are named parties to the proceeding.
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`(B) Party Representatives. Representatives of record for a party in the
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`proceeding.
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`(C) Experts. Retained experts of a party in the proceeding who further
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`certify in the Acknowledgement that they are not a competitor to any party,
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`or a consultant for, or employed by, such a competitor with respect to the
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`subject matter of the proceeding.
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`(D)
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`In-house counsel. In-house counsel of a party.
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`(E)
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`Support Personnel. Administrative assistants, clerical staff, court
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`reporters and other support personnel of the foregoing persons who are
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`reasonably necessary to assist those persons in the proceeding shall not be
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`required to sign an Acknowledgement, but shall be informed of the terms
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`IPR2020-00033 Page 00002
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`IPR2020-00033
`U.S. Patent No. 8,023,580
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`and requirements of the Protective Order by the person they are supporting
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`who receives confidential information.
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`(F) The Office. Employees and representatives of the United States Patent
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`and Trademark Office who have a need for access to the confidential
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`information shall have such access without the requirement to sign an
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`Acknowledgement. Such employees and representatives shall include the
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`Director, members of the Board and their clerical staff, other support
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`personnel, court reporters, and other persons acting on behalf of the Office.
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`3.
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`Employees (e.g., corporate officers), consultants, or other persons
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`performing work for a party, other than in-house counsel and in-house counsel’s
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`support staff, who sign the Acknowledgement shall be extended access to
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`confidential information only upon agreement of the parties or by order of the
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`Board upon a motion brought by the party seeking to disclose confidential
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`information to that person. The party opposing disclosure to that person shall have
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`the burden of proving that such person should be restricted from access to
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`confidential information.
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`4.
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`Persons receiving confidential information shall use reasonable efforts
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`to maintain the confidentiality of the information, including:
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`(A) Maintaining such information in a secure location to which persons
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`not authorized to receive the information shall not have access;
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`IPR2020-00033 Page 00003
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`IPR2020-00033
`U.S. Patent No. 8,023,580
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`(B) Otherwise using reasonable efforts to maintain the confidentiality of
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`the information, which efforts shall be no less rigorous than those the
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`recipient uses to maintain the confidentiality of information not received
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`from the disclosing party;
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`(C) Ensuring that support personnel of the recipient who have access to
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`the confidential information understand and abide by the obligation to
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`maintain the confidentiality of information received that is designated as
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`confidential; and
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`(D) Limiting the copying of confidential information to a reasonable
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`number of copies needed for conduct of the proceeding and maintaining a
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`record of the locations of such copies.
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`5.
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`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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`(i) A party may file documents or information with the Board along
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`with a Motion to Seal. The Motion to Seal should provide a non-
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`confidential description of the nature of the confidential information
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`that is under seal, and set forth the reasons why the information is
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`confidential and should not be made available to the public. A party
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`may challenge the confidentiality of the information by opposing the
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`IPR2020-00033 Page 00004
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`IPR2020-00033
`U.S. Patent No. 8,023,580
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`Motion to Seal. The submission shall be treated as confidential and
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`remain under seal, unless the Board determines that the documents or
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`information do not to qualify for confidential treatment. The
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`information shall remain under seal unless the Board determines that
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`some or all of the information does not qualify for confidential
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`treatment.
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`(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
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`confidential and non-confidential versions of its submission, together
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`with a Motion to Seal the confidential version setting forth the reasons
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`why the information redacted from the non-confidential version is
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`confidential and should not be made available to the public. A party
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`may challenge the confidentiality of the information by opposing the
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`Motion to Seal. The non-confidential version of the submission shall
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`clearly indicate the locations of information that has been redacted.
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`The confidential version of the submission shall be filed under seal.
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`The redacted information shall remain under seal unless the Board
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`determines that some or all of the redacted information does not
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`qualify for confidential treatment.
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`IPR2020-00033
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`(B) Documents and Information Exchanged Among the Parties. Documents
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`(including deposition transcripts) and other information designated as
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`confidential that are disclosed to another party during discovery or other
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`proceedings before the Board shall be clearly marked as “PROTECTIVE
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`ORDER MATERIAL” and shall be produced in a manner that maintains its
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`confidentiality.
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`6. Within 60 days after the final disposition of this action, including the
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`exhaustion of all appeals and motions, each party receiving confidential
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`information must return, or certify the destruction of, all copies of the confidential
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`information to the producing party.
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`(k) Standard Acknowledgement of Protective Order. The following
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`form may be used to acknowledge a protective order and gain access to
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`information covered by the protective order:
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`
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`IPR2020-00033 Page 00006
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`IPR2020-00033
`U.S. Patent No. 8,023,580
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________
`
`APPLE INC.,
`
`Petitioner,
`
`v.
`
`REMBRANDT WIRELESS TECHNOLOGIES, LP,
`
`Patent Owner.
`
`____________
`
`Case IPR2020-00033
`
`U.S. Patent No. 8,023,580
`
`
`
`
`
`____________
`
`STANDARD ACKNOWLEDGMENT FOR ACCESS TO
`PROTECTIVE ORDER MATERIAL
`
` __________________________________________, affirm that I have
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` I
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`read the Protective Order; that I will abide by its terms; that I will use the
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`confidential information only in connection with this proceeding and for no other
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`IPR2020-00033 Page 00007
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`IPR2020-00033
`U.S. Patent No. 8,023,580
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`purpose; that I will only allow access to support staff who are reasonably necessary
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`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
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`personally responsible for the requirements of the terms of the Protective Order
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`and I agree to submit to the jurisdiction of the Office and the 64
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`United States District Court for the Eastern District of Virginia for purposes
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`of enforcing the terms of the Protective Order and providing remedies for its
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`breach.
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`
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`[Signature]
`By:
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`
`
`
`Date:
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`IPR2020-00033 Page 00008
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`IPR2020-00033
`U.S. Patent No. 8,023,580
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`
`/Gabrielle E. Higgins/
` Mark D. Rowland
`Registration No. 32,077
`Gabrielle E. Higgins
`Registration No. 38,916
`ROPES & GRAY LLP
`1900 University Avenue, 6th Floor
`East Palo Alto, CA 94303
`Phone: 650-617-4000
`Facsimile: 650-617-4090
`mark.rowland@ropesgray.com
`gabrielle.higgins@ropesgray.com
`
`ATTORNEYS FOR PETITIONER
`APPLE INC.
`
`
`/Jason Shapiro/
` Jason Shapiro
`Mark J. DeBoy
`EDELL, SHAPIRO AND FINNAN, LLC
`9801 Washingtonian Boulevard
`Suite 750
`Gaithersburg, Maryland 20878
`js@usiplaw.com
`mjd@usiplaw.com
`Tel: (301) 424-3640
`Fax: (301) 762-4056
`
`Nancy Linck
`646 Westbourne Street
`La Jolla, CA 92037
`nancylinck@outlook.com
`Tel: (858) 255-8043
`
`COUNSEL FOR PATENT OWNER
`REMBRANDT WIRELESS
`TECHNOLOGIES, LP
`
`Dated: December 23, 2019
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`
`
`
`Mailing address for all PTAB
`correspondence:
`ROPES & GRAY LLP
`IPRM – Floor 43
`Prudential Tower
`800 Boylston Street
`Boston, MA 02199-3600
`
`
`Dated: December 24, 2019
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