UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`YITA LLC,
`Petitioner,
`
`v.
`
`MACNEIL IP LLC,
`Patent Owner.
`____________
`
`Case IPR2020-01139
`Patent No. 8,382,186
`____________
`
`PATENT OWNER’S MOTION TO SEAL
`AND FOR ENTRY OF A PROTECTIVE ORDER
`PURSUANT TO 37 C.F.R. § 42.54
`
`

`

`Patent Owner MacNeil IP LLC (“Patent Owner”) hereby moves for entry of
`
`the Protective Order appended below as Appendix A and further moves to seal its
`
`Patent Owner Response and Exhibit 2042, which are being filed concurrently with
`
`this motion. Patent Owner met and conferred with Petitioner Yita LLC
`
`(“Petitioner”) regarding this motion. Petitioner indicated that it opposes Patent
`
`Owner’s motion for entry of the Protective Order at Appendix A because it allows
`
`for an ATTORNEYS’ EYES ONLY designation and that it may oppose Patent
`
`Owner’s motion to seal.
`
`I.
`
`MOTION FOR ENTRY OF A PROTECTIVE ORDER
`
`Patent Owner’s proposed Protective Order is included below as Appendix A,
`
`and a redline showing changes from the Board’s default protective order is included
`
`as Appendix B. The Protective Order deviates from the Board’s default protective
`
`order in four respects, discussed below.
`
`A.
`
`Limits on persons to whom material may be disclosed
`
`Patent Owner has modified the list of individuals who are permitted access
`
`to confidential information under Section 2 of the Board’s default protective order.
`
`First, Patent Owner has modified the list to prohibit the parties or employees
`
`of parties to the proceeding from accessing confidential information designated
`
`“PROTECTIVE ORDER MATERIAL” except for in-house counsel for a party
`
`who either have responsibility for making decisions dealing directly with the
`1
`
`

`

`proceeding or who are assisting outside counsel in the proceeding. See Section 2.
`
`Support personnel for in-house counsel would be excluded from receiving access
`
`to such confidential information.
`
`Patent Owner submits that provisions prohibiting the parties or employees of
`
`parties to access the opposing party’s confidential information and restricting
`
`access to in-house counsel meeting the above-described criteria are necessary in
`
`this proceeding. Confidential documents may include competitively-sensitive
`
`business information. Providing the parties or employees of parties access to
`
`confidential materials could cause harm to the producing party, as could providing
`
`unrestricted access to in-house counsel.
`
`Second, Patent Owner has modified the list to prohibit parties and employees
`
`of parties, including in-house counsel of parties, from accessing confidential
`
`information designated “PROTECTIVE ORDER MATERIAL – ATTORNEYS’
`
`EYES ONLY.” See Section 3. Support personnel for in-house counsel would also
`
`be excluded from receiving access to such confidential information.
`
`Patent Owner submits that provisions further prohibiting in-house counsel of
`
`parties
`
`from accessing documents designated “PROTECTIVE ORDER
`
`MATERIAL – ATTORNEYS’ EYES ONLY” are necessary. The protective order
`
`issued by the district court in the parallel litigation between Patent Owner and a
`
`real-party-in-interest in this proceeding, Jinrong (SH) Automotive Accessory
`2
`
`

`

`Development Co. Ltd., (“District Court Protective Order”) likewise prohibits all
`
`party representatives, including in-house counsel of parties, from accessing certain
`
`documents designated “OUTSIDE COUNSEL ATTORNEYS’ EYES ONLY.”
`
`The District Court Protective Order is appended to this motion as Appendix C. The
`
`parties to this proceeding are direct competitors, and allowing any party
`
`representative to view potentially confidential business information could be
`
`harmful to the other party’s business interests.
`
`The Board’s rules expressly contemplate the use of “additional tiers or
`
`categories of confidential information,” including the “Attorneys’ Eyes Only”
`
`designation proposed here. Patent Trial and Appeal Board Consolidated Trial
`
`Practice Guide November 2019 at 115. Indeed, the Board regularly enters
`
`protective orders including an Attorneys’ Eyes Only designation. For example, in
`
`Quest USA Corp. v. PopSockets LLC, IPR2018-00497, Paper 59 (P.T.A.B. Aug.
`
`12, 2019), the Board considered an analogous situation to the one at issue here. In
`
`that case, the patent owner moved for entry of a protective order that included a
`
`“second level of confidentiality designation, ‘HIGHLY CONFIDENTIAL –
`
`ATTORNEYS’ EYES ONLY’” and moved to seal patent owner’s “sales data by
`
`year from 2014 to 2018” as well as declarations and the patent owner response
`
`addressing the same. Id., 87-88. The petitioner in that case opposed both motions.
`
`Id., 87. The Board found good cause existed to protect the patent owner’s
`3
`
`

`

`confidential information, entered the modified protective order, and granted the
`
`patent owner’s motion to seal. Id., 90.
`
`Patent Owner submits that the “PROTECTIVE ORDER MATERIAL –
`
`ATTORNEYS’ EYES ONLY” designation is not overly inclusive such that the
`
`parties are encouraged to categorize all or most documents as such. Patent Owner
`
`contemplates that the parties will only use this designation for documents that
`
`would qualify for the designation in the district court proceeding.
`
`These modifications do not affect access to confidential information for
`
`employees and representatives of the Patent and Trademark Office who have a need
`
`for access to the confidential information.
`
`B.
`
`Application of limits only to confidential information
`marked “PROTECTIVE ORDER MATERIAL” or
`“PROTECTIVE ORDER MATERIAL – ATTORNEYS’
`EYES ONLY”
`Patent Owner also has modified Section 1 and the first sentence of Section 2
`
`of the Board’s default protective order to expressly clarify that the limits in the
`
`Board’s protective order apply only to confidential information that is marked
`
`“PROTECTIVE ORDER MATERIAL” or “PROTECTIVE ORDER MATERIAL
`
`– ATTORNEYS’ EYES ONLY” in connection with this proceeding.
`
`4
`
`

`

`Application of limits to Support Personnel.
`C.
`Patent Owner has also modified the first sentence of the portion of Section 2
`
`related to Support Personnel to expressly clarify that the terms of that provision are
`
`limited to support personnel for Party Representatives and Experts.
`
`D.
`
`Reasonable efforts and procedures to maintain the
`confidentiality of the information
`Patent Owner has also modified the first sentence of Sections 4 and 5 to
`
`expressly clarify that the reasonable efforts and procedures to maintain the
`
`confidentiality of the information apply to persons receiving confidential
`
`information
`
`designated
`
`“PROTECTIVE ORDER MATERIAL”
`
`or
`
`“PROTECTIVE ORDER MATERIAL – ATTORNEYS’ EYES ONLY.”
`
`With these minor revisions, noted in the redline in Appendix B below, Patent
`
`Owner moves for entry of the attached Protective Order. Pursuant to the Patent
`
`Trial and Appeal Board Consolidated Trial Practice Guide November 2019, Patent
`
`Owner certifies that it accepts and agrees to the terms of the attached Protective
`
`Order.1
`
`1 Petitioner has confirmed that it will maintain any information designated as
`
`“PROTECTIVE ORDER MATERIAL – ATTORNEYS’ EYES ONLY” in this
`
`5
`
`

`

`II. MOTION TO SEAL
`
`Patent Owner moves to seal its Patent Owner Response and Exhibit 2042,
`
`which are being filed concurrently with this motion. Good cause exists for
`
`maintaining the Patent Owner Response and Exhibit 2042 under seal, as detailed
`
`below.
`
`A. Patent Owner Response and Exhibit 2042
`
`Patent Owner seeks to seal Exhibit 2042, which is the declaration of Mr.
`
`Ryan Granger, Patent Owner’s Vice President of Product Development. Mr.
`
`Granger’s declaration includes a limited amount of Patent Owner’s confidential
`
`business information. Specifically, Mr. Granger’s declaration includes confidential
`
`business information regarding the number of sets of WeatherTech® FloorLiner™
`
`products Patent Owner has sold to customers between 2004 and 2020 as well as
`
`gross revenue data from customers purchasing WeatherTech® FloorLiner™
`
`products between 2004 and 2020. The Patent Owner response discusses this limited
`
`confidential business information in Exhibit 2042. Consistent with the District
`
`Court Protective Order, Patent Owner has designated this confidential financial
`
`proceeding according to the terms of the proposed Protective Order at Appendix A
`
`until the Board rules on this motion.
`
`6
`
`

`

`information as “PROTECTIVE ORDER MATERIAL – ATTORNEYS’ EYES
`
`ONLY.” Appendix C, §§ 2-3.
`
`Good cause exists for maintaining Exhibit 2042 and the Patent Owner
`
`Response under seal. Mr. Granger’s declaration and the Patent Owner Response
`
`contain limited confidential business information concerning Patent Owner’s sales
`
`and gross revenue, information that, to the best of Patent Owner’s knowledge, is
`
`not otherwise available to the public. Confidential commercial information such as
`
`this is the type of information to be protected pursuant to 37 C.F.R. § 42.54(a)(7).
`
`Indeed, the Board has held that similar confidential information such as that
`
`submitted here should remain under seal. See, e.g., Endo Pharmaceuticals, Inc. v.
`
`Depomed, Inc., IPR2014-00652, Paper 61 at 2 (P.T.A.B. June 3, 2015) (granting
`
`patent owner’s motion to seal after finding good cause to seal exhibits containing,
`
`among other confidential information, “data on R&D costs and product sales” and
`
`“financial reports”); Cisco Systems, Inc. v. Crossroads Systems, Inc., IPR2014-
`
`01544, Paper 50 at 29 (P.T.A.B. Jan. 29, 2016) (granting patent owner’s motion to
`
`seal “confidential sales and licensing information”).
`
`Patent Owner has concurrently filed redacted versions of the Patent Owner
`
`Response and Exhibit 2042. Patent Owner has redacted from the public filings only
`
`those limited portions of the Patent Owner Response and Exhibit 2042 that reflect
`
`Patent Owner’s confidential business information. Patent Owner submits that its
`7
`
`

`

`underlying arguments and evidence in the Patent Owner Response, and Mr.
`
`Granger’s analysis in Exhibit 2042, remain clearly discernible from the redacted,
`
`public versions of the filings. Patent Owner has served Petitioner with both
`
`confidential and redacted versions of the Patent Owner Response and Exhibit 2042.
`
`Accordingly, Patent Owner submits that there is good cause to grant this
`
`motion to seal and respectfully requests that the Board grant this motion to seal.
`
`See 37 C.F.R. § 42.54(a).
`
`III. CONCLUSION
`
`For the foregoing reasons, Patent Owner respectfully requests that the Board
`
`grant this motion to seal and for entry of a protective order.
`
`Dated May 5, 2021
`
`Respectfully submitted,
`
`/David G. Wille/
`David G. Wille (Reg. No. 38,363)
`BAKER BOTTS L.L.P.
`(214) 953-6595
`2001 Ross Ave., Suite 900
`Dallas, TX 75201-2980
`
`Attorneys for Patent Owner, MacNeil IP
`LLC
`
`8
`
`

`

`CERTIFICATE OF SERVICE
`
`In accordance with 37 C.F.R. § 42.6(e), the undersigned certifies that on the
`
`5th day of May, 2021, a complete and entire copy of this PATENT OWNER’S
`
`MOTION TO SEAL AND FOR ENTRY OF A PROTECTIVE ORDER
`
`PURSUANT TO 37 C.F.R. § 42.54 and related documents were served on
`
`Petitioner via electronic mail at the following addresses:
`
`Mark P. Walters (Reg. No. 46,050)
`walters@LoweGrahamJones.com
`
`Ralph W. Powers III, Reg. No. 63,504
`tpowers-PTAB@sternekessler.com
`
`Jason A. Fitzsimmons, Reg. No. 65,367
`jfitzsimmons-PTAB@sternekessler.com
`
`Stephen A. Merrill, Reg. No. 72,955
`smerrill-PTAB@sternekessler.com
`
`John J. Bamert, Reg. No. 74,859
`bamert@LoweGrahamJones.com
`
`PTAB@sternekessler.com
`
`May 5, 2021
`Date
`
`/David G. Wille/
`David G. Wille (Reg. No. 38,363)
`BAKER BOTTS L.L.P.
`(214) 953-6595
`2001 Ross Ave., Suite 900
`Dallas, TX 75201-2980
`
`Attorneys for Patent Owner, MacNeil IP
`LLC
`
`9
`
`

`

`APPENDIX A
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_________________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_________________
`YITA LLC,
`Petitioner,
`
`v.
`
`MACNEIL IP LLC,
`Patent Owner.
`__________________
`
`Case No. IPR2020-01139
`Patent No. 8,382,186
`__________________
`Modified 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” or “PROTECTIVE ORDER MATERIAL –
`
`ATTORNEYS’ EYES ONLY.”
`
`2. Access to confidential information marked as “PROTECTIVE ORDER
`
`MATERIAL” is limited to the following individuals who have executed the
`
`acknowledgment appended to this order:
`
`

`

`(A) Party Representatives. Representatives of record for a party in the
`
`proceeding.
`
`(B) 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.
`
`(C) In-house counsel. In-house counsel of a party who either have
`
`responsibility for making decisions dealing directly with the above-
`
`captioned proceeding, or who are assisting outside counsel in the litigation
`
`of the above-captioned proceeding.
`
`(D) Support Personnel. Administrative assistants, clerical staff, court
`
`reporters and other support personnel of the individuals listed in Paragraphs
`
`2.A and 2.B 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.
`
`(E) 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. Access to confidential information marked as “PROTECTIVE ORDER
`
`MATERIAL – ATTORNEYS’ EYES ONLY” is limited to individuals listed in
`
`paragraphs 2.A, 2.B, 2.D, and 2.E who have executed the Acknowledgement
`
`appended to this order, as required.
`
`4. Persons receiving confidential information marked as “PROTECTIVE
`
`ORDER MATERIAL” or “PROTECTIVE ORDER MATERIAL –
`
`ATTORNEYS’ EYES ONLY” 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;
`
`(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 marked as “PROTECTIVE
`
`ORDER MATERIAL” or “PROTECTIVE ORDER MATERIAL –
`
`ATTORNEYS’ EYES ONLY” 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 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 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.
`
`(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 “PROTECTIVE ORDER MATERIAL –
`
`ATTORNEYS’ EYES ONLY” 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.
`
`

`

`UNITED STATES PATENT AND TRADEMARK OFFICE
`_________________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_________________
`YITA LLC,
`Petitioner,
`
`v.
`
`MACNEIL IP LLC,
`Patent Owner.
`__________________
`
`Case No. IPR2020-01139
`Patent No. 8,382,186
`
`Standard Acknowledgment for Access to Protective Order Material
`
`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.
`
`Dated:
`
`By:
`
`

`

`APPENDIX B
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_________________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_________________
`YITA LLC,
`Petitioner,
`
`v.
`
`MACNEIL IP LLC,
`Patent Owner.
`__________________
`
`Case No. IPR2020-01139
`Patent No. 8,382,186
`__________________
`Default Modified 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” or “PROTECTIVE ORDER MATERIAL –
`
`ATTORNEYS’ EYES ONLY.”
`
`2. Access to confidential information marked as “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.
`
`(BA) Party Representatives. Representatives of record for a party in the
`
`proceeding.
`
`(CB) 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.
`
`(DC) In-house counsel. In-house counsel of a party who either have
`
`responsibility for making decisions dealing directly with the above-
`
`captioned proceeding, or who are assisting outside counsel in the litigation
`
`of the above-captioned proceeding.
`
`(ED) Support Personnel. Administrative assistants, clerical staff, court
`
`reporters and other support personnel of the foregoing personsindividuals
`
`listed in Paragraphs 2.A and 2.B 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.
`
`(FE) 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 those persons identified above in
`
`(d)(2)(A)–(E), 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 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.Access to confidential information marked as “PROTECTIVE
`
`ORDER MATERIAL – ATTORNEYS’ EYES ONLY” is limited to individuals
`
`listed in paragraphs 2.A, 2.B, 2.D, and 2.E who have executed the
`
`Acknowledgement appended to this order, as required.
`
`4. Persons receiving confidential information marked as “PROTECTIVE
`
`ORDER MATERIAL” or “PROTECTIVE ORDER MATERIAL –
`
`ATTORNEYS’ EYES ONLY” 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;
`
`(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 marked as “PROTECTIVE
`
`ORDER MATERIAL” or “PROTECTIVE ORDER MATERIAL –
`
`ATTORNEYS’ EYES ONLY” 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 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 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.
`
`

`

`(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 “PROTECTIVE ORDER MATERIAL –
`
`ATTORNEYS’ EYES ONLY” 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.
`
`

`

`UNITED STATES PATENT AND TRADEMARK OFFICE
`_________________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_________________
`YITA LLC,
`Petitioner,
`
`v.
`
`MACNEIL IP LLC,
`Patent Owner.
`__________________
`
`Case No. IPR2020-01139
`Patent No. 8,382,186[CAPTION]
`
`Standard Acknowledgment for Access to Protective Order Material
`
`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
`
`

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`Court for the Eastern District of Virginia for purposes of enforcing the terms of the
`
`Protective Order and providing remedies for its breach.
`
`Dated:
`
`By:
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`

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`APPENDIX C
`
`APPENDIX C
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`

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`Case 2:20-cv-00856-TSZ Document 90 Filed 1010620 Page 1 of 11
`
`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF WASHINGTON
`
`AT SEATTLE
`
`MACNEIL AUTOMOTIVE
`PRODUCTS LIMITED, an Illinois
`corporation, dfb/a WEATHERTECH,
`and MACNEIL IP LLC, an Illinois
`company,
`
`CASE NO. 2:20-cv—00856-TSZ
`
`STIPULATED
`PROTECTIVE ORDER
`
`Plaintiffs,
`
`V.
`IINRONG (SH) AUTOMOTIVE
`ACCESSORY DEVELOPMENT CO.
`LTD, a Chinese company, and RUI
`DAI, a Chinese company and/or
`individual,
`
`
`Defendants.
`
`2 3 4 5 6 7
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`8
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`9
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`10
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`11
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`12
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`13
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`14
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`1 5
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`16
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`17
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`18
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`1 9
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`20
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`l.
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`PURPOSES AND LIMITATIONS
`
`21
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`Discovery in this action is likely to involve production of confidential, preprietary, or
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`22 private information for which special protection may be warranted. Accordingly, the parties hereby
`
`23
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`stipulate to and petition the court to enter the following Stipulated Protective Order. The parties
`
`24 acknowledge that this agreement is consistent with LCR 26(c). It does not confer blanket
`
`25 protection on all disclosures or responses to discovery, the protection it affords from public
`
`26 disclosure and use extends only to the limited information or items that are entitled to confidential
`
`
`
`

`

`Case 2:20-cv—00856-TSZ Document 90 Filed 10/06/20 Page 2 of 11
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`treatment under the applicable legal principles, and it does not presumptively entitle parties to file
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`confidential information under seal.
`
`2.
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`“CONFIDENTIAL” MATERLAL
`
`2.1
`
`“Confidential” material shall include the following documents and tangible things
`
`produced or otherwise exchanged: (1) information concerning marketing plans, business plans,
`
`forecasts, and business strategies and (2) other proprietary documents that would cause harm to a
`
`party if publicly disclosed.
`
`2.2
`
`“Outside Counsel Attorneys Eyes Only” material shall include documents and
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`tangible things produced or otherwise exchanged that (1) would otherwise be designated as
`
`confidential and (2) are reasonably believed by the designating party to represent a trade secret or
`
`other confidential commercial information of such sensitive nature that its dissemination cannot
`
`adequately be covered by the protections set forth for confidential materials. For example,
`
`financial and tax documents, molding, design, or other creation information would be considered
`
`Outside Counsel Attorneys’ Eyes Only.
`
`#WN
`\DOO'e-CIQUI
`
`10
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`11
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`12
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`13
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`14
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`15
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`3.
`
`
`SCOPE
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`16
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`17
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`18
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`19
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`20
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`21
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`22
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`23
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`24
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`25
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`26
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`The protections conferred by this agreement cover not only Confidential or Outside
`
`Counsel Attorneys’ Eyes Only material (as defined above), but also (1) any information copied or
`
`extracted from Confidential or Outside Counsel Attorneys’ Eyes Only material; (2) all copies,
`
`excerpts, summaries, or compilations of Confidential or Outside Counsel Attorneys’ Eyes Only
`
`material; and (3) any testimony, conversations, or presentations by parties or their counsel that
`
`might reveal Confidential or Outside Counsel Attorneys’ Eyes Only material.
`
`However, the protections conferred by this agreement do not cover information that is in
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`the public domain or becomes part of the public domain through trial or otherwise.
`
`4.
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`ACCESS TO AND USE OF CONFIDENTIAL MATERIAL
`
`4.1
`
`Basic Principles. A receiving party may use Confidential or Outside Counsel
`
`Attorneys’ Eyes Only material that is disclosed or produced by another party or by a non-party in
`
`
`
`

`

`Case 2:20-cv—00856-TSZ Document 90 Fifed 10106120 Page 3 of 11
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`connection with this case only for prosecuting, defending, or attempting to settle this litigation.
`
`Confidential or Outside Counsel Attorneys’ Eyes Onlylmaterial may be disclosed only to the
`
`categories ofpersons and under the conditions described in this agreement. Confidential or Outside
`
`Counsel Attorneys’ Eyes Only material must be stored and maintained by a receiving party at a
`
`location and in a secure manner that ensures that access is limited to the persons authorized under
`
`this agreement.
`
`4.2
`
`Disclosure of “CONFIDENTIAL” Information or Items. Unless otherwise ordered
`
`by the court or permitted in writing by the designating party, a receiving party may disclose any
`
`confidential material only to:
`
`(a)
`
`the receiving party’s counsei in this action, as well as employees of counsel
`
`.
`
`to whom it is reasonably necessary to disclose the information for this litigation;
`
`(b)
`
`the officers, directors, and employees (including in house counsel) of the
`
`receiving party to whom disclosure is reasonably necessary for this litigation, unless the parties
`
`agree that a particular document or material produced is for Attorney’s Eyes Only and is so
`
`_ designated;
`
`(0)
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`experts and consultants to whom disclosure is reasonably necessary for this
`
`litigation and who have signed the “Acknowledgment and Agreement to Be Bound” (Exhibit A);
`
`(d)
`
`(e)
`
`the court, court personnel, and court reporters and their staff;
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`copy or imaging services retained-by counsel to assist in the duplication of
`
`confidential material, provided that counsel for the party retaining the copy or imaging service
`
`instructs the service not to disclose any confidential material to third parties and to immediately
`
`return all originals and copies of any confidential material;
`
`(f)
`
`during their depositions, witnesses in the action to whom disclosure is
`
`reasonably necessary and who have signed the “Acknowledgment and Agreement to Be Bound”
`
`(Exhibit A), unless otherwise agreed by the designating party or ordered by the court. Pages of
`
`transcribed deposition testimony or exhibits to depositions that reveal co