`U.S. Patent No. 8,023,580
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________
`
`APPLE INC.,
`
`Petitioner,
`
`v.
`
`REMBRANDT WIRELESS TECHNOLOGIES, LP,
`
`Patent Owner.
`
`____________
`
`Case IPR2020-00034
`
`U.S. Patent No. 8,023,580
`
`____________
`
`STIPULATED DEFAULT PROTECTIVE ORDER
`
`79306689_1 - 12/23/19 5:11:29 PM
`
`Apple Exhibit 1134
`Apple Inc. v. Rembrandt Wireless
`IPR2020-00034
`Page 00001
`
`
`
`This Stipulated Default Protective Order will govern the filing and treatment
`
`of confidential information in the proceeding.
`
`1.
`
`Confidential information shall be clearly marked “PROTECTIVE
`
`ORDER MATERIAL.”
`
`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.
`
`(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,
`
`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
`
`79306689_1 - 12/23/19 5:11:29 PM
`
`1
`
`IPR2020-00034 Page 00002
`
`
`
`IPR2020-00034
`U.S. Patent No. 8,023,580
`
`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.
`
`3.
`
`Employees (e.g., corporate officers), 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.
`
`4.
`
`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;
`
`79306689_1 - 12/23/19 5:11:29 PM
`
`2
`
`IPR2020-00034 Page 00003
`
`
`
`IPR2020-00034
`U.S. Patent No. 8,023,580
`
`(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.
`
`5.
`
`Persons receiving confidential information shall use the following
`
`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
`
`79306689_1 - 12/23/19 5:11:29 PM
`
`3
`
`IPR2020-00034 Page 00004
`
`
`
`IPR2020-00034
`U.S. Patent No. 8,023,580
`
`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 remain under seal unless the Board
`
`determines that some or all of the redacted information does not
`
`qualify for confidential treatment.
`
`79306689_1 - 12/23/19 5:11:29 PM
`
`4
`
`IPR2020-00034 Page 00005
`
`
`
`IPR2020-00034
`U.S. Patent No. 8,023,580
`
`(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” and shall be produced in a manner that maintains its
`
`confidentiality.
`
`6. 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.
`
`(k) Standard Acknowledgement of Protective Order. The following
`
`form may be used to acknowledge a protective order and gain access to
`
`information covered by the protective order:
`
`
`
`
`
`79306689_1 - 12/23/19 5:11:29 PM
`
`5
`
`IPR2020-00034 Page 00006
`
`
`
`IPR2020-00034
`U.S. Patent No. 8,023,580
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________
`
`APPLE INC.,
`
`Petitioner,
`
`v.
`
`REMBRANDT WIRELESS TECHNOLOGIES, LP,
`
`Patent Owner.
`
`____________
`
`Case IPR2020-00034
`
`U.S. Patent No. 8,023,580
`
`
`
`
`
`____________
`
`STANDARD ACKNOWLEDGMENT FOR ACCESS TO
`PROTECTIVE ORDER MATERIAL
`
` __________________________________________, affirm that I have
`
` I
`
`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
`
`79306689_1 - 12/23/19 5:11:29 PM
`
`6
`
`IPR2020-00034 Page 00007
`
`
`
`IPR2020-00034
`U.S. Patent No. 8,023,580
`
`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 64
`
`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:
`
`
`
`
`
`
`
`
`79306689_1 - 12/23/19 5:11:29 PM
`
`7
`
`IPR2020-00034 Page 00008
`
`
`
`IPR2020-00034
`U.S. Patent No. 8,023,580
`
`
`/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
`
`
`
`
`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
`
`
`
`
`
`79306689_1 - 12/23/19 5:11:29 PM
`
`8
`
`IPR2020-00034 Page 00009
`
`