UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`UNIFIED PATENTS, LLC
`Petitioner,
`
`v.
`
`ELECTRONICS AND TELECOMMUNICATIONS RESEARCH INSTITUTE,
`KWANGWOON UNIVERSITY RESEARCH INSTITUTE FOR INDUSTRY
`COOPERATION, INDUSTRY-ACADEMIA COOPERATION GROUP OF
`SEJONG UNIVERSITY,
`Patent Owners.
`
`__________________________
`Case: IPR2021-00368
`
`U.S. Patent No. 9,736,484
`
`__________________________
`
`
`
`
`
`PROTECTIVE ORDER
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`United Patent, LLC. Ex. 1041 Page 1 of 9
`United Patents, LLC v. Elects. & Telecomm. Res. Inst., et al.
`IPR2021-00368
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`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`UNIFIED PATENTS, LLC
`Petitioner,
`
`v.
`
`ELECTRONICS AND TELECOMMUNICATIONS RESEARCH INSTITUTE,
`KWANGWOON UNIVERSITY RESEARCH INSTITUTE FOR INDUSTRY
`COOPERATION, INDUSTRY-ACADEMIA COOPERATION GROUP OF
`SEJONG UNIVERSITY,
`Patent Owners.
`
`__________________________
`Case: IPR2021-00368
`
`U.S. Patent No. 9,736,484
`
`__________________________
`
`
`
`
`
`PROTECTIVE ORDER
`
`United Patent, LLC. Ex. 1041 Page 1 of 9
`United Patents, LLC v. Elects. & Telecomm. Res. Inst., et al.
`IPR2021-00368
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`The following Protective Order will govern the filing and treatment of
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`confidential information in the proceeding:
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`PROTECTIVE ORDER
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`This protective order governs the treatment and filing of confidential
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`information, including documents and testimony.
`
`1. Confidential
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`information
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`shall
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`be
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`clearly marked
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`“CONFIDENTIAL - PROTECTIVE ORDER MATERIAL” or “HIGHLY
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`CONFIDENTIAL - ATTORNEYS’ EYES ONLY.”
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`2. Access
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`to
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`confidential
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`information marked
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`“HIGHLY
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`CONFIDENTIAL - ATTORNEYS’ EYES ONLY” is limited to the
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`following individuals who have executed the acknowledgement appended to
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`this order:
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`(A) Outside counsel. Outside counsel of record for a party in the
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`proceeding, including employees of outside counsel of record’s law
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`firm(s) to whom it is reasonably necessary to disclose this information
`
`to assist outside counsel of record in connection with this proceeding,
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`including members of their firms, associate attorneys, paralegal,
`
`clerical, and other regular employees of such counsel. All in-house
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`counsel and other representatives of the parties (other than outside
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`2
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`United Patent, LLC. Ex. 1041 Page 2 of 9
`United Patents, LLC v. Elects. & Telecomm. Res. Inst., et al.
`IPR2021-00368
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`counsel of record) shall not be allowed
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`to view HIGHLY
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`CONFIDENTIAL - ATTORNEYS’ EYES ONLY Information.
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`(B) Experts. Retained experts of a party in the proceeding who further
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`certify in the Acknowledgement that they are not a competitor to any
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`party, or a consultant for, or employed by, such a competitor with
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`respect to the subject matter of the proceeding.
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`(C) The Office. Employees and representatives of the United States
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`Patent and Trademark Office who have a need for access to the
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`confidential
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`information shall have such access without
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`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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`(D) Support Personnel. Administrative assistants, clerical staff, court
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`reporters and other support personnel of the foregoing persons who
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`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
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`the person they are supporting who receives confidential information.
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`3
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`United Patent, LLC. Ex. 1041 Page 3 of 9
`United Patents, LLC v. Elects. & Telecomm. Res. Inst., et al.
`IPR2021-00368
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`3. Access to confidential information marked “CONFIDENTIAL -
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`PROTECTIVE ORDER MATERIAL”
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`is
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`limited
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`to
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`the following
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`individuals who have executed the acknowledgment appended to this order:
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`(A) Above Personnel. Those persons or entities identified in
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`paragraph 2 of this Protective Order under the conditions set forth in
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`that paragraph.
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`(B) 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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`(C) In-house counsel. In-house counsel of a party.
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`4. Employees (e.g., corporate officers), consultants, or other
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`persons performing work for a party, other than in-house counsel and in-
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`house counsel’s support staff, who sign the Acknowledgement shall be
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`extended access to confidential information only upon agreement of the
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`parties or by order of the Board upon a motion brought by the party seeking
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`to disclose confidential information to that person. 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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`5. Persons receiving confidential information shall use reasonable
`4
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`United Patent, LLC. Ex. 1041 Page 4 of 9
`United Patents, LLC v. Elects. & Telecomm. Res. Inst., et al.
`IPR2021-00368
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`efforts to maintain the confidentiality of the information, including:
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`(A) Maintaining such information in a secure location to which
`
`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
`
`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 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
`
`number of copies needed for conduct of the proceeding and
`
`maintaining a record of the locations of such copies.
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`6. Persons receiving confidential information shall use the following
`
`procedures to maintain the confidentiality of the information:
`
`(A) Documents and Information Filed With the Board.
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`5
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`United Patent, LLC. Ex. 1041 Page 5 of 9
`United Patents, LLC v. Elects. & Telecomm. Res. Inst., et al.
`IPR2021-00368
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`(i) A party may file documents or information with the Board
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`along with a Motion to Seal. The Motion to Seal should provide
`
`a non- confidential description of the nature of the confidential
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`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
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`confidentiality of the information by opposing the Motion to
`
`Seal. The submission shall be treated as confidential and
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`remain under seal, unless the Board determines that the
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`documents or information do not to qualify for confidential
`
`treatment. The information shall remain under seal unless the
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`Board determines that some or all of the information does
`
`not qualify for confidential treatment.
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`(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
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`file confidential and non-confidential versions of its submission,
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`together with a Motion to Seal the confidential version setting
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`forth 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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`6
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`United Patent, LLC. Ex. 1041 Page 6 of 9
`United Patents, LLC v. Elects. & Telecomm. Res. Inst., et al.
`IPR2021-00368
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`available to the public. A party may challenge the confidentiality
`
`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
`
`version of the submission shall be filed under seal. The redacted
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`information shall remain under seal unless the Board determines
`
`that some or all of the redacted information does not qualify for
`
`confidential treatment.
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`(B) Documents and Information Exchanged Among the Parties.
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`Documents (including deposition transcripts) and other information
`
`designated as confidential that are disclosed to another party during
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`discovery or other proceedings before the Board shall be clearly
`
`marked
`
`as
`
`“CONFIDENTIAL
`
`-
`
`PROTECTIVE ORDER
`
`MATERIAL” or “HIGHLY CONFIDENTIAL – ATTORNEYS’
`
`EYES ONLY” and shall be produced in a manner that maintains its
`
`confidentiality.
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`7. 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
`7
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`United Patent, LLC. Ex. 1041 Page 7 of 9
`United Patents, LLC v. Elects. & Telecomm. Res. Inst., et al.
`IPR2021-00368
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`confidential information to the producing party.
`
`For Petitioner
`
`By: /Andrew R. Sommer/
`
`Andrew R. Sommer
`Reg. No. 53,932
`GREENBERG TRAURIG, LLP
`sommera@gtlaw.com
`
`Ashraf Fawzy
`Reg. No. 67,914
`Unified Patents, LLC
`afawzy@unifiedpatents.com
`
`Roshan S. Mansinghani
`Reg. No. 62,429
`Unified Patents, LLC
`roshan@unifiedpatents.com
`
`For Patent Owner
`
`By: /William H. Mandir/
`
`SUGHRUE MION PLLC
`
`William H. Mandir
`Reg. No. 32,156
`wmandir@sughrue.com
`
`Fadi Kiblawi
`Reg. No. 61,973
`fkiblawi@sughrue.com
`
`John F. Rabena
`Reg. No. 38,584
`jrabena@sughrue.com
`
`8
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`United Patent, LLC. Ex. 1041 Page 8 of 9
`United Patents, LLC v. Elects. & Telecomm. Res. Inst., et al.
`IPR2021-00368
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`EXHIBIT A
`
`UNIFIED PATENTS, LLC v. ELECTRONICS AND
`TELECOMMUNICATIONS RESEARCH INSTITUTE,
`KWANGWOON UNIVERSITY INDUSTRY-ACADEMIC
`COLLABORATION FOUNDATION, and UNIVERSITY-INDUSTRY
`COOPERATION GROUP OF KYUNG HEE UNIVERSITY
`Case IPR2021-00368
`U.S. Patent 8,867,854
`
`Standard Acknowledgment for Access to Protective Order Material
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`
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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
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`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
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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 agree
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`to submit to the jurisdiction of the Office and the United States District Court for
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`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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`
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`Executed on ____________________, 20___
`
`By: __________________________________
`
`1
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`United Patent, LLC. Ex. 1041 Page 9 of 9
`United Patents, LLC v. Elects. & Telecomm. Res. Inst., et al.
`IPR2021-00368
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