`PATENT NO. 9,189,787
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`
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`__________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`__________________________________________________________________
`
`
`
`SAMSUNG ELECTRONICS AMERICA, INC. and
`SAMSUNG ELECTRONICS CO., LTD,
`
`Petitioner,
`
`v.
`
`RFCYBER CORP.,
`
`Patent Owner.
`
`
`Patent No. 9,189,787
`Filing Date: May 28, 2013
`Issue Date: November 17, 2015
`
`Inventor: Liang Seng Koh, Futon Cho, Hsin Pan, and Fuliang Cho
`Title: METHOD AND APPARATUS FOR
`CONDUCTING E-COMMENCE AND M-COMMENCE
`
`
`__________________________________________________________________
`
`PROTECTIVE ORDER
`
`Case No. IPR2021-00980
`__________________________________________________________________
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`1
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`RFCyber's Exhibit No. 2010, IPR2021-00980
`Page 001
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`IPR2021-00980
`PATENT NO. 9,189,787
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`The following Default Protective Order will govern the filing and treatment
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`of 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
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`information, including documents and testimony.
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`1.
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`1. Confidential information shall be clearly marked “PROTECTIVE
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`ORDER MATERIAL.”
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`2.
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`2. Information describing trade secrets or the confidential structure,
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`design, source code, or operation of products and systems may be designated as
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`highly confidential information. Such information should be clearly marked
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`“PROTECTIVE ORDER MATERIAL – ATTORNEYS’ EYES ONLY.”
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`3. Access to confidential information is limited to the following
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`individuals who have executed the acknowledgment appended to this order:
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`(A) Parties. Persons who are owners of a patent involved in the proceeding
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`and other persons who are named parties to the proceeding.
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`(B) Party Representatives. Representatives of record for a party in the
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`proceeding.
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`(C) 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 party,
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`2
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`RFCyber's Exhibit No. 2010, IPR2021-00980
`Page 002
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`or a consultant for, or employed by, such a competitor with respect to the
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`IPR2021-00980
`PATENT NO. 9,189,787
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`subject matter of the proceeding.
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`(D) In-house counsel. In-house counsel of a party.
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`(E) Support Personnel. Administrative assistants, clerical staff, court
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`reporters and
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` 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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`requirements of the Protective Order by the person they are supporting who
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`receives confidential information.
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`(F) The Office. Employees and representatives of the United States Patent
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`and 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. 4. Access to highly confidential material is limited to persons identified
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`in (2)(B), (C), (E), and (F).
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`5.
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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
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`3
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`RFCyber's Exhibit No. 2010, IPR2021-00980
`Page 003
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`(d)(2)(A)–(E), shall be extended access to confidential information or highly
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`IPR2021-00980
`PATENT NO. 9,189,787
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`confidential information only upon agreement of the parties or by order of the
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`Board upon a motion brought by the party seeking to disclose confidential
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`information to that person and after signing the Acknowledgment. The party
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`opposing disclosure to that person shall have the burden of proving that such
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`person should be restricted from access to confidential information. or highly
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`confidential information.
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`45. Persons receiving confidential information or highly confidential
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`information shall use reasonable efforts to maintain the confidentiality of the
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`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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`uses to maintain the confidentiality of information not received from the
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`disclosing party;
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`(C) 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 confidential
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`or highly confidential; and
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`4
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`RFCyber's Exhibit No. 2010, IPR2021-00980
`Page 004
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`(D) Limiting the copying of confidential information or highly confidential
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`IPR2021-00980
`PATENT NO. 9,189,787
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`information to a reasonable number of copies needed for conduct of the
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`proceeding and maintaining a record of the locations of such copies.
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`5
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`6. Persons receiving confidential information or highly confidential
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`information shall use the following procedures to maintain the confidentiality of
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`the information:
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`(A) Documents and Information Filed With the Board.
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`(i) A party may file documents or information with the Board along with a
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`Motion to Seal. The Motion to Seal should provide a non-confidential
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`description of the nature of the confidential information or highly
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`confidential 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 public. A
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`party may challenge the confidentiality of the information by opposing the
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`Motion to Seal. The documents or information shall remain under seal
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`unless the Board determines that some or all of it does not qualify for
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`confidential treatment.
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`(ii) Where confidentiality is alleged as to some but not all of the information
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`submitted to the Board, the submitting party shall file confidential and non-
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`confidential versions of its submission, together with a Motion to Seal the
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`5
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`RFCyber's Exhibit No. 2010, IPR2021-00980
`Page 005
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`
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`confidential version setting forth the reasons why the information redacted
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`IPR2021-00980
`PATENT NO. 9,189,787
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`from the non-confidential version is confidential and should not be made
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`available to the public. A party may challenge the confidentiality of the
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`information by opposing the Motion to Seal. The non-confidential version of
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`the submission shall clearly indicate the locations of information that has
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`been redacted. The confidential version of the submission shall be filed
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`under seal. The redacted information shall remain under seal unless the
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`Board determines that some or all of the redacted information does not
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`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 or highly confidential that are disclosed to another party during
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`discovery or other proceedings before the Board shall be clearly marked as
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`“PROTECTIVE ORDER MATERIAL” and shall be produced in a manner
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`that maintains its confidentiality.
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`6
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`7. 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
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`information or highly confidential information must return, or certify the
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`6
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`RFCyber's Exhibit No. 2010, IPR2021-00980
`Page 006
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`
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`destruction of, all copies of the confidential information and highly confidential
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`IPR2021-00980
`PATENT NO. 9,189,787
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`information to the producing party.
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`(k) Standard Acknowledgement of Protective Order. The following form
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`may be used to acknowledge a protective order and gain access to information
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`covered by the protective order:
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`7
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`RFCyber's Exhibit No. 2010, IPR2021-00980
`Page 007
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`
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`IPR2021-00980
`PATENT NO. 9,189,787
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`__________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`__________________________________________________________________
`
`
`
`SAMSUNG ELECTRONICS AMERICA, INC. and
`SAMSUNG ELECTRONICS CO., LTD,
`
`Petitioner,
`
`v.
`
`RFCYBER CORP.,
`
`Patent Owner.
`
`
`Patent No. 9,189,787
`Filing Date: May 28, 2013
`Issue Date: November 17, 2015
`
`Inventor: Liang Seng Koh, Futon Cho, Hsin Pan, and Fuliang Cho
`Title: METHOD AND APPARATUS FOR
`CONDUCTING E-COMMENCE AND M-COMMENCE
`__________________________________________________________________
`
`STANDARD ACKNOWLEDGMENT FOR ACCESS TO PROTECTIVE
`ORDER MATERIAL
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`Case No. IPR2021-00980
`__________________________________________________________________
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`8
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`RFCyber's Exhibit No. 2010, IPR2021-00980
`Page 008
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`
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`Standard Acknowledgment for Access to Protective Order Material
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`IPR2021-00980
`PATENT NO. 9,189,787
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`I __________________________________________, affirm
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`that I have read the Protective Order; that I will abide by its terms;
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`that I will use the confidential information only in connection with
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`this proceeding and for no other purpose; that I will only allow access
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`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
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`informed or will inform them of the requirements of the Protective
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`Order; that I am personally responsible for the requirements of the
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`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
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`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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`9
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`RFCyber's Exhibit No. 2010, IPR2021-00980
`Page 009
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