DEFAULTUNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`SAMSUNG ELECTRONICS CO. LTD.,
`SAMSUNG ELECTRONICS AMERICA, INC., AND
`APPLE INC.
`
`Petitioners,
`
`v.
`
`NEONODE SMARTPHONE LLC
`
`Patent Owner.
`
`Case IPR2021-00145
`Patent No. 8,812,993
`
`SAMSUNG AND NEONODE JOINT PROPOSED PROTECTIVE
`
`ORDER
`
`EXHIBIT 1049
`Samsung et al. v. Neonode
`IPR2021-00145
`
`1
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`SAMSUNG ELECTRONICS CO. LTD.,
`SAMSUNG ELECTRONICS AMERICA, INC., AND
`APPLE INC.
`
`Petitioners,
`
`v.
`
`NEONODE SMARTPHONE LLC
`
`Patent Owner.
`
`Case IPR2021-00145
`Patent No. 8,812,993
`
`SAMSUNG AND NEONODE JOINT PROPOSED PROTECTIVE
`
`ORDER
`
`EXHIBIT 1049
`Samsung et al. v. Neonode
`IPR2021-00145
`
`1
`
`
`
`PROTECTIVE ORDER
`
`The following Default Protective Order will govern the filing and treatment
`of
` Samsung-Neonode confidential information in the proceeding:
`
`Default Protective Order
`
`This protective order governs the treatment and filing of confidential
`information,
`including documents and testimony.
`
`1.
`
`Confidential information shall be clearly marked “SAMSUNG-
`
`NEONODE-CONFIDENTIAL – APPLE ATTORNEYS’ EYES
`
`ONLYPROTECTIVE ORDER MATERIAL.”
`
`2.
`
`Access to confidential information marked “SAMSUNG-
`
`NEONODE-CONFIDENTIAL – APPLE ATTORNEYS’ EYES ONLY” is
`
`limited to the following individuals who have executed the acknowledgment
`
`appended to this order:
`
`(A) Samsung and Neonode Parties. and Representatives. Officers,
`
`employees, directors, agents and representatives of, including counsel
`
`of record for, Neonode Smartphone LLC, Neonode Inc., Samsung
`
`Electronics Co. Ltd., and Samsung Electronics America, Inc.
`
`(B) Persons with Knowledge. Persons who are owners of a patent, (i)
`
`participated or were involved in the negotiations and process resulting
`
`2
`
`
`
`in the preparation or drafting of any materials marked SAMSUNG-
`
`NEONODE-CONFIDENTIAL – APPLE ATTORNEYS’ EYES
`
`ONLY, or (ii) in connection with their work or duties for Neonode
`
`Smartphone LLC, Neonode Inc., Samsung Electronics Co. Ltd., and
`
`Samsung Electronics America, Inc., or any of their predecessors in
`
`interest, had access to materials marked SAMSUNG-NEONODE-
`
`CONFIDENTIAL – APPLE ATTORNEYS’ EYES ONLY.
`
`(A)(C) Apple Outside Counsel. Outside counsel of record for the
`
`Apple Inc. and any other party in this proceeding and other persons,
`
`including employees, of counsel, and contractors of outside counsel of
`
`record’s law firm(s) to whom it is reasonably necessary to disclose this
`
`information to assist outside counsel of record in connection with this
`
`proceeding, including members of their firms, associate attorneys,
`
`attorneys who are not employees of counsel of record who are
`
`namedretained to assist counsel of record on an hourly basis, and
`
`paralegal, clerical, and other regular employees of such counsel. All
`
`in-house counsel and other representatives of the parties to the
`
`proceeding(other than outside counsel of record as defined above) shall
`
`not be allowed to view SAMSUNG-NEONODE-CONFIDENTIAL –
`
`APPLE ATTORNEYS’ EYES ONLY Information.
`
`3
`
`
`
`(A) Party Representatives. Representatives of record for a party in the
`
`proceeding.
`(B)(D) 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.
`
`(B) In-house counsel. In-house counsel of a party.
`(C)(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.
`
`(D)(F)(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.
`
`4
`
`
`
`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.
`
`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
`
`5
`
`
`
`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.
`
`5.
`
`Persons receiving confidential information shall use the
`
`following procedures to maintain the confidentiality of the information:
`
`(A) (A) Documents and Information Filed With the Board.
`
`(i) (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 does not qualify for
`
`confidential treatment. The information shall remain under seal
`
`unless the Board determines that some or all of itthe information
`
`does not qualify for confidential treatment.
`
`6
`
`
`
`(ii) (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) (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 MATERIALSAMSUNG-NEONODE-
`
`7
`
`
`
`CONFIDENTIAL – APPLE ATTORNEYS’ EYES ONLY” and shall
`
`be produced in a manner that maintains its confidentiality.
`
`6.
`
`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:
`
`8
`
`
`
`[CAPTION]
`
`1
`
`9
`
`
`
`SAMSUNG ELECTRONICS CO. LTD., SAMSUNG ELECTRONICS
`AMERICA, INC., APPLE INC. v. NEONODE SMARTPHONE LLC
`Case IPR2021-00145
`Patent No. 8,812,993
`
`Standard Acknowledgment for Access to Protective Order Material
`
`I
`
`,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.
`
`[Signature]
`
`Executed on
`
`, 20__.
`
`Signed: ______________________________
`
`2
`
`10
`
`
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