` PATENT 10,257,319
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`_________________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
` _________________________
`CODE200, UAB; TESO LT, UAB; METACLUSTER LT, UAB; AND
`OXYSALES, UAB,
`Petitioners
`v.
`LUMINATI NETWORKS LTD.,
`Patent Owner
`_________________________
`
`Case IPR2020-01266
`Patent 10,257,319
`
`________________________
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`PROTECTIVE ORDER
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`This standing protective order governs the treatment and filing of
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`IPR2020-01266
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`confidential information, including documents and testimony.
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`1. Confidential information shall be clearly marked “PROTECTIVE
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`ORDER MATERIAL.”
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`2. Access to confidential information is limited to the following
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`individuals who have executed the acknowledgment appended to
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`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
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`proceeding.
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`(B) Party Representatives. Representatives of record for a
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`party in the proceeding.
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`(C) Experts. Retained experts of a party in the proceeding who
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`further certify in the Acknowledgement that they are not a
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`competitor to any party, or a consultant for, or employed
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`by, such a competitor with respect to the subject matter of
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`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) Other Employees Consultants of a Party. Employees
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`cConsultants or other persons performing work for a party,
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`IPR2020-01266
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`other than in-house counsel and in-house counsel’s support
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`staff, who sign the Acknowledgement shall be extended
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`access to confidential information only upon agreement of
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`the parties or by order of the Board upon a motion brought
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`by the party seeking to disclose confidential information to
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`that person. The party opposing disclosure to that person
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`shall have the burden of proving that such person should be
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`restricted from access to confidential information.
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`(E) The Office. Employees and representatives of the Office
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`who have a need for access to the confidential information
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`shall have such access without the requirement to sign an
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`Acknowledgement. Such employees and representatives
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`shall include the Director, members of the Board and their
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`clerical staff, other support personnel, court reporters, and
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`other persons acting on behalf of the Office.
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`(F) Support Personnel. Administrative assistants, clerical staff,
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`court reporters and other support personnel of the foregoing
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`persons who are reasonably necessary to assist those
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`persons in the proceeding shall not be required to sign an
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`Acknowledgement, but shall be informed of the terms and
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`requirements of the Protective Order by the person they are
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`supporting who receives confidential information.
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`3.
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`Persons receiving confidential information shall use reasonable efforts to
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`maintain the confidentiality of the information, including:
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`(A) Maintaining such information in a secure location to which
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`persons not
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`authorized to receive the information shall not have access;
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`(B) Otherwise using reasonable efforts to maintain the confidentiality
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`of the information, which efforts shall be no less rigorous than
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`those the recipient uses to maintain the confidentiality of
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`information not received from the disclosing party;
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`(C)
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` Ensuring that support personnel of the recipient who have access
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`to the confidential information understand and abide by the
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`obligation to maintain the confidentiality of information received
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`that is designated as 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
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`maintaining a record of the locations of such copies.
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`4.
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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
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`under seal, together with a non-confidential description of
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`the nature of the confidential information that is under seal
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`and the reasons why the information is confidential and
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`should not be made available to the public. The submission
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`shall be treated as confidential and remain under seal,
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`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
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`documents or information do not to qualify for confidential
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`treatment.
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`(ii) Where confidentiality is alleged as to some but not all of
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`the information submitted to the Board, the submitting
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`party shall file confidential and non-confidential versions of
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`its submission, together with a Motion to Seal the
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`confidential version setting forth the reasons why the
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`information redacted from the nonconfidential version is
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`confidential and should not be made available to the public.
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`The nonconfidential version of the submission shall clearly
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`indicate the locations of information that has been redacted.
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`The confidential version of the submission shall be filed
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`under seal. The redacted information shall remain under
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`seal unless, upon motion of a party and after a hearing on
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`the issue, or sua sponte, the Board determines that some or
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`all of the redacted information does not qualify for
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`confidential treatment.
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`(B) Documents and Information Exchanged Among the Parties.
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`Information designated as confidential that is disclosed to another
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`party during discovery or other proceedings before the Board shall
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`be clearly marked as “PROTECTIVE ORDER MATERIAL” and
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`shall be produced in a manner that maintains its confidentiality.
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`Respectfully submitted,
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`Date: October 26, 2020
`/s/ Thomas M. Dunham
`Thomas M. Dunham
`Registration Number 39,965
`COUNSEL FOR PATENT OWNER
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`IPR2020-01266
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`Date:
` _______________________
`Craig Tolliver
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`Registration Number 44,975
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`COUNSEL FOR PETITIONER
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`IPR2020-01266
` PATENT 10,257,319
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`_________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
` _________________________
`CODE200, UAB; TESO LT, UAB; METACLUSTER LT, UAB; AND
`OXYSALES, UAB,
`Petitioners
`v.
`LUMINATI NETWORKS LTD.,
`Patent Owner
`_________________________
`
`Case IPR2020-01266
`Patent 10,257,319
`
`________________________
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`ACKNOWLEDGEMENT FOR ACCESS
`TO PROTECTIVE ORDER MATERIAL
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`I,_________________, affirm that I have read the Protective Order; that
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`I will abide by its terms; that I will use the confidential information only in
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`connection with this proceeding and for no other purpose; that I will only allow
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`access to support staff who are reasonably necessary to assist me in this
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`proceeding; that prior to any disclosure to such support staff I informed or will
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`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
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`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
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`the Protective Order and providing remedies for its breach.
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`Date: ____________________
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`____________________
`Signature
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