`DEFAULT PROTECTIVE ORDER
`The following Default Protective Order will govern the filing and treatment of
`confidential information in the proceeding:
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`Default Protective Order
`This protective order governs the treatment and filing of confidential information,
`including documents and testimony.
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`1. Confidential information shall be clearly marked “PROTECTIVE
`ORDER MATERIAL.”
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`2. Access to confidential information is limited to the following 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
`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
`proceeding.
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`(C) 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.
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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
`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
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`and requirements of the Protective Order by the person they are supporting
`who receives confidential information.
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`(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.
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`3. 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.
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`4. Persons receiving confidential information shall use reasonable 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 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 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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`5. Persons receiving confidential information shall use the following
`procedures to maintain the confidentiality of 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
`Motion to Seal. The Motion to Seal should provide a non-confidential
`description of the nature of the confidential 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 confidentiality of
`the information by opposing the Motion to Seal. The documents or
`information shall remain under seal unless the Board determines that some
`or all of it does not qualify for confidential treatment.
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`(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
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`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.
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`(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
`proceedings before the Board shall be clearly marked as “PROTECTIVE
`ORDER MATERIAL” and shall be produced in a manner that maintains its
`confidentiality.
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`6. 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.
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`(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:
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`[CAPTION]
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`Standard Acknowledgment for Access to Protective Order Material
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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 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
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`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.
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`[Signature]
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