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`This protective order governs the treatment and filing of confidential information, including documents
`and testimony.
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`1. Confidential information shall be clearly marked “PROTECTIVE ORDER MATERIAL.”
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`2. Access to confidential information is limited to the following individuals who have executed the
`acknowledgment appended to this order: (A) Reserved.(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. This includes all counsel of
`record. (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. Each party shall notify the other of
`any expert retained by supplying the expert’s name and curriculum vitae. The party receiving notice shall
`have seven days in which to provide specific grounds of conflict with the expert. If no such grounds are
`advanced, the Confidential Information shall be made available pursuant to the provisions of this
`Protective Order. In the event an objection is made, the parties shall confer and agree upon a resolution
`of the objection, or present the dispute to the USPTO as a Motion. (D) Reserved. (D) In-house counsel.
`In-house counsel of a party. 60 (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 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.
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`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.
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`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; (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
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`Formatted: Font: Italic
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`Exhibit 2037
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`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.
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`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 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. (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 63 that maintains its confidentiality.
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`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:
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`Standard Acknowledgment for Access to Protective Order Material
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`[CAPTION]
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` 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
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`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.
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