`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`________________________
`
`New World Medical, Inc.,
`Petitioner
`
`v.
`
`MicroSurgical Tech., Inc.,
`Patent Owner
`
`_______________________
`
`Case No. IPR2020-01573
`U.S. Patent No. 9,107,729
`________________________
`
`PROTECTIVE ORDER
`__________________________________________________________________
`
`The following Protective Order will govern the filing and treatment of
`
`confidential information in the proceeding, including documents and testimony.
`
`1.
`
`Confidential Information shall be clearly marked “PROTECTIVE
`
`ORDER MATERIAL - CONFIDENTIAL.”
`
`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.
`
`
`
`
`1
`
`Petitioner - New World Medical
`Ex. 1024, p. 1 of 11
`New World Medical, Inc. v. MicroSurgical Tech., Inc., IPR2020-01573
`
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`
`
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`(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
`
`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.
`
`2
`
`Petitioner - New World Medical
`Ex. 1024, p. 2 of 11
`New World Medical, Inc. v. MicroSurgical Tech., Inc., IPR2020-01573
`
`
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`
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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 those persons identified above in (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
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`burden of proving that such person should be restricted from access to Confidential
`
`Information.
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`4.
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`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;
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`(C) Ensuring that support personnel of the recipient who have access to the
`
`Confidential Information understand and abide by the obligation to maintain
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`the confidentiality of information received that is designated as confidential;
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`and
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`
`
`
`3
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`Petitioner - New World Medical
`Ex. 1024, p. 3 of 11
`New World Medical, Inc. v. MicroSurgical Tech., Inc., IPR2020-01573
`
`
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`
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`(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.
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`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 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
`
`
`
`
`4
`
`Petitioner - New World Medical
`Ex. 1024, p. 4 of 11
`New World Medical, Inc. v. MicroSurgical Tech., Inc., IPR2020-01573
`
`
`
`
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`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 - CONFIDENTIAL” and shall be produced in a
`
`manner that maintains its confidentiality.
`
`6.
`
`Attorneys Eyes Only Confidential Information in the form of
`
`(a) commercial and/or license agreements; (b) commercially sensitive marketing,
`
`financial, or sales data or information; and (c) information that is likely to cause
`
`economic harm or significant competitive disadvantage to the producing party if
`
`disclosed shall be clearly marked “PROTECTIVE ORDER MATERIAL—
`
`ATTORNEYS EYES ONLY.”
`
`7.
`
`Access to Attorneys Eyes Only Confidential Information is limited to
`
`the following individuals who have executed the acknowledgment appended to this
`
`order:
`
`
`
`
`5
`
`Petitioner - New World Medical
`Ex. 1024, p. 5 of 11
`New World Medical, Inc. v. MicroSurgical Tech., Inc., IPR2020-01573
`
`
`
`
`
`
`
`
`(A) Outside Counsel for the Parties. Outside counsel 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) 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 Attorneys Eyes Only Confidential Information.
`
`(D) The Office. Employees and representatives of the United States Patent
`
`and Trademark Office who have a need for access to the Attorneys Eyes
`
`Only 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.
`
`6
`
`Petitioner - New World Medical
`Ex. 1024, p. 6 of 11
`New World Medical, Inc. v. MicroSurgical Tech., Inc., IPR2020-01573
`
`
`
`
`
`8.
`
`Persons receiving Attorneys Eyes Only 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
`
`Attorneys Eyes Only 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 Attorneys Eyes Only Confidential Information
`
`to a reasonable number of copies needed for conduct of the proceeding and
`
`maintaining a record of the locations of such copies.
`
`9.
`
`Persons receiving Attorneys Eyes Only Confidential Information shall
`
`use the following procedures to maintain the Attorneys Eyes Only confidentiality
`
`of the information:
`
`(A) Documents and Information Filed With the Board.
`
`
`
`
`7
`
`Petitioner - New World Medical
`Ex. 1024, p. 7 of 11
`New World Medical, Inc. v. MicroSurgical Tech., Inc., IPR2020-01573
`
`
`
`
`
`
`
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`(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 Attorneys Eyes Only 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.
`
`8
`
`Petitioner - New World Medical
`Ex. 1024, p. 8 of 11
`New World Medical, Inc. v. MicroSurgical Tech., Inc., IPR2020-01573
`
`
`
`
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`(B) Documents and Information Exchanged Among the Parties. Documents
`
`(including deposition transcripts) and other information designated as
`
`Attorneys Eyes Only Confidential Information that are disclosed to another
`
`party during discovery or other proceedings before the Board shall be clearly
`
`marked as “PROTECTIVE ORDER MATERIAL - ATTORNEYS EYES
`
`ONLY” and shall be produced in a manner that maintains its confidentiality.
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`10. 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 or
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`Attorneys Eyes Only Confidential Information must return, or certify the
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`destruction of, all copies of the Confidential or Attorneys Eyes Only Confidential
`
`Information to the producing party.
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`11. Acknowledgement of Protective Order. The following form will be
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`used to acknowledge this Protective Order and gain access to information covered
`
`by this Protective Order:
`
`
`
`
`
`
`9
`
`Petitioner - New World Medical
`Ex. 1024, p. 9 of 11
`New World Medical, Inc. v. MicroSurgical Tech., Inc., IPR2020-01573
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`________________________
`
`New World Medical, Inc.,
`Petitioner
`
`v.
`
`MicroSurgical Tech., Inc.,
`Patent Owner
`
`_______________________
`
`Case No. IPR2020-01573
`U.S. Patent No. 9,107,729
`________________________
`
`ACKNOWLEDGEMENT 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
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`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
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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
`
`and I agree to submit to the jurisdiction of the Office and the United States District
`
`
`
`
`1
`
`Petitioner - New World Medical
`Ex. 1024, p. 10 of 11
`New World Medical, Inc. v. MicroSurgical Tech., Inc., IPR2020-01573
`
`
`
`
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`Court for the Eastern District of Virginia for purposes of enforcing the terms of the
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`Protective Order and providing remedies for its breach.
`
`
`
`
`
`
`
`
`
`
`
`_________________________
`[signature]
`
`_________________________
`[printed name]
`
`_________________________
`[date]
`
`
`2
`
`Petitioner - New World Medical
`Ex. 1024, p. 11 of 11
`New World Medical, Inc. v. MicroSurgical Tech., Inc., IPR2020-01573
`
`
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