DEFAULT PROTECTIVE ORDER
`
`The following Default Protective Order will govern the filing and treatment of
`
`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 “CONFIDENTIAL-
`PROTECTIVE ORDER MATERIAL.”” or “SAMSUNG-NEONODE
`CONFIDENTIAL- GOOGLE ATTORNEYS’ EYES ONLY.”
`
`2.
`
`Access to confidential informationSamsung and Neonode Parties may
`
`designate as “SAMSUNG-NEONODE-CONFIDENTIAL – GOOGLE
`
`ATTORNEYS’ EYES ONLY” for protection under this Order, in whole or in part,
`
`any document, information, or material that constitutes or includes, in whole or in
`
`part, confidential or proprietary information or trade secrets of the Party and
`
`shared between the Samsung and Neonode Parties or their predecessors in interest.
`
`Access to confidential information marked “SAMSUNG-NEONODE-
`
`CONFIDENTIAL – GOOGLE ATTORNEYS’ EYES ONLY” is limited to the
`
`1
`
`Neonode Smartphone LLC, Exhibit 2058
`Page 2058 - 1
`IPR2021-01041, Google LLC v. Neonode Smartphone LLC
`
`
`
`The following Default Protective Order will govern the filing and treatment of
`
`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 “CONFIDENTIAL-
`PROTECTIVE ORDER MATERIAL.”” or “SAMSUNG-NEONODE
`CONFIDENTIAL- GOOGLE ATTORNEYS’ EYES ONLY.”
`
`2.
`
`Access to confidential informationSamsung and Neonode Parties may
`
`designate as “SAMSUNG-NEONODE-CONFIDENTIAL – GOOGLE
`
`ATTORNEYS’ EYES ONLY” for protection under this Order, in whole or in part,
`
`any document, information, or material that constitutes or includes, in whole or in
`
`part, confidential or proprietary information or trade secrets of the Party and
`
`shared between the Samsung and Neonode Parties or their predecessors in interest.
`
`Access to confidential information marked “SAMSUNG-NEONODE-
`
`CONFIDENTIAL – GOOGLE ATTORNEYS’ EYES ONLY” is limited to the
`
`1
`
`Neonode Smartphone LLC, Exhibit 2058
`Page 2058 - 1
`IPR2021-01041, Google LLC v. Neonode Smartphone LLC
`
`
`
`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, (i) participated or were involved
`
`in the negotiations and process resulting in the preparation or drafting of any
`
`materials marked SAMSUNG-NEONODE-CONFIDENTIAL – GOOGLE
`
`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 – GOOGLE ATTORNEYS’ EYES ONLY.
`
`(C) Google Outside Counsel. Outside counsel of record for the Google LLC
`
`party in the proceeding, 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 retained to
`
`2
`
`Neonode Smartphone LLC, Exhibit 2058
`Page 2058 - 2
`IPR2021-01041, Google LLC v. Neonode Smartphone LLC
`
`
`
`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 (other than outside counsel of record as defined
`
`above) shall not be allowed to view SAMSUNG-NEONODE-
`
`CONFIDENTIAL – GOOGLE ATTORNEYS’ EYES ONLY Information.
`
`(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.
`
`(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.
`
`(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
`
`3
`
`Neonode Smartphone LLC, Exhibit 2058
`Page 2058 - 3
`IPR2021-01041, Google LLC v. Neonode Smartphone LLC
`
`
`
`Director, members of the Board and their clerical staff, other support
`
`personnel, court reporters, and other persons acting on behalf of the Office.
`
`2.3. Access to confidential information marked “CONFIDENTIAL-
`PROTECTIVE ORDER MATERIAL” is limited to the following individuals who
`have executed the acknowledgment appended to this order:
`(A) Parties. Persons who are owners of a patent involved in the proceeding
`and other persons who are named parties to the proceeding.
`(B) Party Representatives. Representatives of record for a party in
`the proceeding.
`Persons with Knowledge. Persons who, (i) participated or were
`(C)
`
`involved in the negotiations and process resulting in the preparation or
`
`drafting of the materials marked CONFIDENTIAL-PROTECTIVE ORDER
`
`MATERIAL, or (ii) in connection with their work or duties for a party, or
`
`any of their predecessors in interest, had access to the materials marked
`
`CONFIDENTIAL-PROTECTIVE ORDER MATERIAL.
`
`(C)(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.
`
`(D)(E) In-house counsel. In-house counsel of a party.
`
`4
`
`Neonode Smartphone LLC, Exhibit 2058
`Page 2058 - 4
`IPR2021-01041, Google LLC v. Neonode Smartphone LLC
`
`
`
`(E)(F) 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.
`(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. 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.
`
`5
`
`Neonode Smartphone LLC, Exhibit 2058
`Page 2058 - 5
`IPR2021-01041, Google LLC v. Neonode Smartphone LLC
`
`
`
`5. 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 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.
`
`Persons receiving confidential information shall use the following
`56.
`procedures to maintain the confidentiality of the information:
`
`(A) Documents and Information Filed With the Board.
`(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,
`
`6
`
`Neonode Smartphone LLC, Exhibit 2058
`Page 2058 - 6
`IPR2021-01041, Google LLC v. Neonode Smartphone LLC
`
`
`
`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.
`(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) 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
`
`7
`
`Neonode Smartphone LLC, Exhibit 2058
`Page 2058 - 7
`IPR2021-01041, Google LLC v. Neonode Smartphone LLC
`
`
`
`proceedings before the Board shall be clearly marked as “CONFIDENTIAL-
`PROTECTIVE ORDER MATERIAL” or “SAMSUNG-NEONODE
`CONFIDENTIAL- GOOGLE ATTORNEYS’ EYES ONLY” and shall be
`produced in a manner that maintains its confidentiality.
`
`67. 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
`
`Neonode Smartphone LLC, Exhibit 2058
`Page 2058 - 8
`IPR2021-01041, Google LLC v. Neonode Smartphone LLC
`
`
`
`[CAPTION]
`
`Standard Acknowledgment for Access to Protective Order Material
`
`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]
`
`9
`
`Neonode Smartphone LLC, Exhibit 2058
`Page 2058 - 9
`IPR2021-01041, Google LLC v. Neonode Smartphone LLC
`
`
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