`
`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
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`SAMSUNG AND NEONODE JOINT PROPOSED PROTECTIVE
`
`ORDER
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`EXHIBIT 1049
`Samsung et al. v. Neonode
`IPR2021-00145
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`1
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`PROTECTIVE ORDER
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`The following Default Protective Order will govern the filing and treatment
`of
` Samsung-Neonode confidential information in the proceeding:
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`Default Protective Order
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`This protective order governs the treatment and filing of confidential
`information,
`including documents and testimony.
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`1.
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`Confidential information shall be clearly marked “SAMSUNG-
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`NEONODE-CONFIDENTIAL – APPLE ATTORNEYS’ EYES
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`ONLYPROTECTIVE ORDER MATERIAL.”
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`2.
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`Access to confidential information marked “SAMSUNG-
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`NEONODE-CONFIDENTIAL – APPLE ATTORNEYS’ EYES ONLY” is
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`limited to the following individuals who have executed the acknowledgment
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`appended to this order:
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`(A) Samsung and Neonode Parties. and Representatives. Officers,
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`employees, directors, agents and representatives of, including counsel
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`of record for, Neonode Smartphone LLC, Neonode Inc., Samsung
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`Electronics Co. Ltd., and Samsung Electronics America, Inc.
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`(B) Persons with Knowledge. Persons who are owners of a patent, (i)
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`participated or were involved in the negotiations and process resulting
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`in the preparation or drafting of any materials marked SAMSUNG-
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`NEONODE-CONFIDENTIAL – APPLE ATTORNEYS’ EYES
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`ONLY, or (ii) in connection with their work or duties for Neonode
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`Smartphone LLC, Neonode Inc., Samsung Electronics Co. Ltd., and
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`Samsung Electronics America, Inc., or any of their predecessors in
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`interest, had access to materials marked SAMSUNG-NEONODE-
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`CONFIDENTIAL – APPLE ATTORNEYS’ EYES ONLY.
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`(A)(C) Apple Outside Counsel. Outside counsel of record for the
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`Apple Inc. and any other party in this proceeding and other persons,
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`including employees, of counsel, and contractors of outside counsel of
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`record’s law firm(s) to whom it is reasonably necessary to disclose this
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`information to assist outside counsel of record in connection with this
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`proceeding, including members of their firms, associate attorneys,
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`attorneys who are not employees of counsel of record who are
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`namedretained to assist counsel of record on an hourly basis, and
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`paralegal, clerical, and other regular employees of such counsel. All
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`in-house counsel and other representatives of the parties to the
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`proceeding(other than outside counsel of record as defined above) shall
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`not be allowed to view SAMSUNG-NEONODE-CONFIDENTIAL –
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`APPLE ATTORNEYS’ EYES ONLY Information.
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`(A) Party Representatives. Representatives of record for a party in the
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`proceeding.
`(B)(D) Experts. Retained experts of a party in the proceeding who
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`further certify in the Acknowledgement that they are not a competitor
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`to any party, or a consultant for, or employed by, such a competitor
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`with respect to the subject matter of the proceeding.
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`(B) In-house counsel. In-house counsel of a party.
`(C)(E) Support Personnel. Administrative assistants, clerical staff,
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`court reporters and other support personnel of the foregoing persons
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`who are reasonably necessary to assist those persons in the proceeding
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`shall not be required to sign an Acknowledgement, but shall be
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`informed of the terms and requirements of the Protective Order by the
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`person they are supporting who receives confidential information.
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`(D)(F)(F) The Office. Employees and representatives of the United
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`States Patent and Trademark Office who have a need for access to the
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`confidential information shall have such access without the
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`requirement to sign an Acknowledgement. Such employees and
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`representatives shall include the Director, members of the Board and
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`their clerical staff, other support personnel, court reporters, and other
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`persons acting on behalf of the Office.
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`3. 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
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`(d)(2)(A)–()-(E), shall be extended access to confidential information only
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`upon agreement of the parties or by order of the Board upon a motion
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`brought by the party seeking to disclose confidential information to that
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`person and after signing the Acknowledgment. The party opposing
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`disclosure to that person shall have the burden of proving that such person
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`should be restricted from access to confidential information.
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`4. Persons receiving confidential information shall use reasonable efforts
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`to 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 authorized to receive the information shall not have
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`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 those
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`the recipient uses to maintain the confidentiality of information not
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`received from the disclosing party;
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`(C) Ensuring that support personnel of the recipient who have access
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`to the confidential information understand and abide by the obligation
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`to maintain the confidentiality of information received that is
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`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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`5.
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`5.
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`Persons receiving confidential information shall use the
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`following procedures to maintain the confidentiality of the information:
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`(A) (A) Documents and Information Filed With the Board.
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`(i) (i) A party may file documents or information with the Board along
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`with a Motion to Seal. The Motion to Seal should provide a non-
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`confidential description of the nature of the confidential
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`information that is under seal, and set forth the reasons why the
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`information is confidential and should not be made available to the
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`public. A party may challenge the confidentiality of the
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`information by opposing the Motion to Seal. The submission shall
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`be treated as confidential and remain under seal, unless the Board
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`determines that the documents or information does not qualify for
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`confidential treatment. The information shall remain under seal
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`unless the Board determines that some or all of itthe information
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`does not qualify for confidential treatment.
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`(ii) (ii) Where confidentiality is alleged as to some but not all of the
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`information submitted to the Board, the submitting party shall file
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`confidential and non-confidential versions of its submission,
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`together with a Motion to Seal the confidential version setting forth
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`the reasons why the information redacted from the non-
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`confidential version is confidential and should not be made
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`available to the public. A party may challenge the confidentiality
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`of the information by opposing the Motion to Seal. The non-
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`confidential version of the submission shall clearly indicate the
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`locations of information that has been redacted. The confidential
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`version of the submission shall be filed under seal. The redacted
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`information shall remain under seal unless the Board determines
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`that some or all of the redacted information does not qualify for
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`confidential treatment.
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`(B) (B) Documents and Information Exchanged Among the Parties.
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`Documents (including deposition transcripts) and other information
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`designated as confidential that are disclosed to another party during
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`discovery or other proceedings before the Board shall be clearly
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`marked as “PROTECTIVE ORDER MATERIALSAMSUNG-NEONODE-
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`CONFIDENTIAL – APPLE ATTORNEYS’ EYES ONLY” and shall
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`be produced in a manner that maintains its confidentiality.
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`6.
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`6. Within 60 days after the final disposition of this action,
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`including the exhaustion of all appeals and motions, each party receiving
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`confidential information must return, or certify the destruction of, all copies
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`of the confidential information to the producing party.
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`(k) Standard Acknowledgement of Protective Order. The following form may be
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`used to acknowledge a protective order and gain access to information covered by
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`the protective order:
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`[CAPTION]
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`9
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`
`
`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
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`,I __________________________________________, affirm that I
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`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
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`purpose; that I will only allow access to support staff who are reasonably necessary
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`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
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`I agree to submit to the jurisdiction of the Office and the United States District Court
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`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.
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`[Signature]
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`Executed on
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`, 20__.
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`Signed: ______________________________
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