`____________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`TENNANT COMPANY,
`Petitioner,
`v.
`OXYGENATOR WATER TECHNOLOGIES, INC.,
`Patent Owner.
`____________
`Case IPR2021-00625
`Patent RE45415
`____________
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`PROTECTIVE ORDER
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`1
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`OWT Ex. 2114
`Tennant Company v. OWT
`IPR2021-00625
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`Default Protective Order
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`This protective order governs the treatment and filing of confidential information
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`including documents and testimony.
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`1.
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`2.
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`Confidential information shall be clearly marked “PROTECTIVE ORDER
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`MATERIAL.”
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`Access to confidential information is limited to the following individuals who
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`have executed the acknowledgment appended to this order:
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`(a)
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`Parties. Persons who are owners of a patent involved in the proceeding and
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`other persons who are named parties to the proceeding.
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`(b) Outside Counsel. Attorneys of record for a party in the proceeding and
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`employees of the law firms of such attorneys. Party Representatives.
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`Representatives of record for a party in the proceeding.
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`(c)
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`Experts. Retained experts of a party in the proceeding who further certify in
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`the Acknowledgement that they are not a competitor to any party, or a
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`consultant for, or employed by, such a competitor with respect to the
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`(d)
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`(e)
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`subject matter of the proceeding.
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`In-house counsel. In-house counsel of a party.
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`Support Personnel. Administrative assistants, clerical staff, court reporters
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`and other support personnel of the foregoing persons who are reasonably
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`necessary to assist those persons in the proceeding shall not be required to
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`sign an Acknowledgement, but shall be informed of the terms and
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`2
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`OWT Ex. 2114
`Tennant Company v. OWT
`IPR2021-00625
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`requirements of the Protective Order by the person they are supporting who
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`receives confidential information.
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`(f)
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`The Office. Employees and representatives of the United States Patent and
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`Trademark Office who have a need for access to the confidential
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`information shall have such access without the requirement to sign an
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`Acknowledgement. Such employees and representatives shall include the
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`Director, members of the Board and their clerical staff, other support
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`personnel, court reporters, and other persons acting on behalf of the Office.
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`3.
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`Employees (e.g., corporate officers), consultants, or other persons performing
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`work for a party, other than those persons identified above in (d)(2)(A)–(E), shall
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`be extended access to confidential information only upon agreement of the parties
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`or by order of the Board upon a motion brought by the party seeking to disclose
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`confidential information to that person and after signing the Acknowledgment.
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`The party opposing disclosure to that person shall have the burden of proving that
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`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
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`the confidentiality of the information, including:
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`(a) Maintaining such information in a secure location to which persons not
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`authorized to receive the information shall not have access;
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`(b) Otherwise using reasonable efforts to maintain the confidentiality of the
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`information, which efforts shall be no less rigorous than those the recipient
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`3
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`OWT Ex. 2114
`Tennant Company v. OWT
`IPR2021-00625
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`
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`uses to maintain the confidentiality of information not received from the
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`disclosing party;
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`(c)
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`Ensuring that support personnel of the recipient who have access to the
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`confidential information understand and abide by the obligation to maintain
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`the confidentiality of information received that is designated as
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`confidential; and
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`(d)
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`Limiting the copying of confidential information to a reasonable number of
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`copies needed for conduct of the proceeding and maintaining a record of
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`the locations of such copies.
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`5.
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`Persons receiving confidential information shall use the following procedures to
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`maintain the confidentiality of the information:
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`(a) Documents and Information Filed With the Board.
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`(i)
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`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 information
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`that is under seal, and set forth the reasons why the information is
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`confidential and should not be made available to the public. A party
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`may challenge the confidentiality of the information by opposing the
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`Motion to Seal. The documents or information shall remain under
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`seal unless the Board determines that some or all of it does not
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`qualify for confidential treatment.
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`4
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`OWT Ex. 2114
`Tennant Company v. OWT
`IPR2021-00625
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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 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-confidential
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`version is confidential and should not be made available to the
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`public. A party may challenge the confidentiality of the information
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`by opposing the Motion to Seal. The non-confidential version of the
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`submission shall clearly indicate the locations of information that
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`has been redacted. The confidential version of the submission shall
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`be filed under seal. The redacted information shall remain under seal
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`unless the Board determines that some or all of the redacted
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`information does not qualify for confidential treatment.
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`(b) Documents and Information Exchanged Among the Parties. Documents
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`(including deposition transcripts) and other information designated as
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`confidential that are disclosed to another party during discovery or other
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`proceedings before the Board shall be clearly marked as “PROTECTIVE
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`ORDER MATERIAL” and shall be produced in a manner that maintains its
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`confidentiality.
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`6. Within 60 days after the final disposition of this action, including the exhaustion
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`of all appeals and motions, each party receiving confidential information must
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`5
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`OWT Ex. 2114
`Tennant Company v. OWT
`IPR2021-00625
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`return, or certify the destruction of, all copies of the confidential information to the
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`producing party.
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`6
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`OWT Ex. 2114
`Tennant Company v. OWT
`IPR2021-00625
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`Acknowledgment for Access to Protective Order Material
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`I __________________________________________, affirm that I have read the
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`Protective Order; that I will abide by its terms; that I will use the confidential information
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`only in connection with this proceeding and for no other purpose; that I will only allow
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`access to support staff who are reasonably necessary to assist me in this proceeding; that
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`prior to any disclosure to such support staff I informed or will inform them of the
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`requirements of the Protective Order; that I am personally responsible for the
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`requirements of the terms of the Protective Order and I agree to submit to the jurisdiction
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`of the Office and the United States District Court for the Eastern District of Virginia for
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`purposes of enforcing the terms of the Protective Order and providing remedies for its
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`breach.
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`Dated: ________________
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`_________________________
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`7
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`OWT Ex. 2114
`Tennant Company v. OWT
`IPR2021-00625
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