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`Pursuant to Rule 45 of the Federal Rules of Civil Procedure, and in accordance
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`with
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`the
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`instructions and definitions
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`listed below, MemoryWeb, LLC
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`(“MemoryWeb”) requests that Kevin Jakel testify in his capacity as the CEO of
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`Unified Patents, LLC at a deposition on the following topics.
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`DEFINITIONS
`The following terms and phrases are to be given the definitions set forth
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`below. Notwithstanding any of the definitions below, each word, term, or phrase
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`used in this Schedule A is intended, and shall be construed, to have the broadest
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`permissible meaning under the Federal Rules of Civil Procedure.
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`1.
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`“Mr. Jakel” or “Jakel” refers to Kevin Jakel, CEO and Founder of
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`Unified Patents, LLC.
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`2.
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`“Unified,” “Unified Patents,” “You,” or “Your,” means Unified Patents,
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`LLC and its respective past and present officers, directors, affiliates, brokers, agents,
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`representatives, employees, servants, accountants, investment bankers, attorneys,
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`and all other persons acting directly or indirectly under its control and including all
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`affiliated companies or entities, including parents, subsidiaries, predecessors,
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`successors, partners, and joint ventures.
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`3.
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`“Apple” means Apple, Inc. and its respective past and present officers,
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`directors, affiliates, brokers, agents,
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`representatives, employees, servants,
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`MemoryWeb Ex. 2042
`Apple, Inc. v. MemoryWeb, LLC - IPR 2022-00031
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`accountants, investment bankers, attorneys, and all other persons acting directly or
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`indirectly under its control and including all affiliated companies or entities,
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`including parents, subsidiaries, predecessors, successors, partners, and joint
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`ventures.
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`4.
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`“MemoryWeb” or “Patent Owner” means MemoryWeb, LLC, and its
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`respective past and present officers, directors, affiliates, brokers, agents,
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`representatives, employees, servants, accountants, investment bankers, attorneys,
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`and all other persons acting directly or indirectly under its control and including all
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`affiliated companies or entities, including parents, subsidiaries, predecessors,
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`successors, partners, and joint ventures.
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`5.
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`“IPR2021-01413” or “Unified IPR” refers to the inter partes review
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`proceeding captioned as Unified Patents, LLC v. MemoryWeb, LLC, IPR2021-01413
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`before the Patent Trial and Appeal Board.
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`6.
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`“The ’228 Patent” or “Challenged Patent” refers to U.S. Patent No.
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`10,621,228.
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`7.
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`“IPR2022-00031” or “Apple IPR” refer to the inter partes review
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`proceeding captioned as Apple Inc. v. MemoryWeb, LLC, IPR2022-00031 before the
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`Patent Trial and Appeal Board.
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`MemoryWeb Ex. 2042
`Apple, Inc. v. MemoryWeb, LLC - IPR 2022-00031
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`8.
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`“IPR2022-00222” or “Samsung IPR” refer to the inter partes review
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`proceeding captioned as Samsung Electronics Co., Ltd. v. MemoryWeb, LLC,
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`IPR2022-00222 before the Patent Trial and Appeal Board.
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`9.
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`The terms “Document” and “Documents” shall have the broadest
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`possible meaning allowed by the Federal Rules of Civil Procedure and including
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`(without limitation) any writing of any kind, including originals and all non-identical
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`copies (whether different from the original by reason of any notation made on such
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`copies or otherwise). The terms “document” and “document(s)” shall also include,
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`without limitation, the following items, whether printed or reproduced by any
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`process, or written or produced by hand or stored in computer memory, magnetic or
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`hard disk or other data storage medium, and whether or not claimed to be privileged,
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`confidential or otherwise excludable from discovery, namely, notes, letters,
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`correspondence, communications, e-mails, telegrams, memoranda, summaries or
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`records of telephone conversations, summaries or records of personal conversations
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`or meetings, diaries, reports, laboratory and research reports and notebooks,
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`recorded experiments, charts, plans, drawings, diagrams, schematic diagrams,
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`illustrations, product descriptions, product analyses, requests for proposals,
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`documents related to proposed or actual produce improvements or changes, users
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`manuals or guides, installation guides or manuals, technical descriptions or
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`specifications, product repair manuals or guides, photographs, video images,
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`MemoryWeb Ex. 2042
`Apple, Inc. v. MemoryWeb, LLC - IPR 2022-00031
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`software flow charts or descriptions or specifications, minutes or records of
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`meetings, summaries of interviews, reports, or investigations, opinions or reports of
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`consultants, reports of patent searches, patent appraisals, opinions of counsel,
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`agreements, reports or summaries of negotiations, brochures, pamphlets,
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`advertisements, circulars, trade letters, press releases, drafts of documents, and all
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`other materials fixed in a tangible medium of whatever kind known to You or in Your
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`possession, custody or control.
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`10. The term “Communication” shall mean the transmittal of information,
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`in the form of facts, ideas, inquiries, or otherwise.
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`11. The term “Thing” or “Things” shall have the broadest possible meaning
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`allowed by the Federal Rules of Civil Procedure and refers to all tangible objects
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`and items other than Documents and includes every such object and item regardless
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`of nature or kind such as, by way of example but without limitation, machines,
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`devices, components, parts, assemblies, models, samples, prototypes, and
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`commercial and production items, whether or not complete and whether or not
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`functional.
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`12. The terms “and” and “or” shall be construed either disjunctively or
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`conjunctively, as necessary to bring within the scope of the discovery request all
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`responses that might otherwise be outside of its scope.
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`MemoryWeb Ex. 2042
`Apple, Inc. v. MemoryWeb, LLC - IPR 2022-00031
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`DEPOSITION TOPICS
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`1.
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`The subject matter in Mr. Jakel’s September 2, 2021 declaration, which
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`was submitted by Unified as Exhibit 1017 in IPR2021-01413.
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`2.
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`The subject matter in Mr. Jakel’s December 30, 2021 supplemental
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`declaration, which was submitted by Unified as Exhibit 1023 in IPR2021-01413 and
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`was designated as “Highly Confidential – Attorneys’ Eyes Only” and sealed under
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`the Unified IPR Protective Order.
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`3.
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`The testimony during Mr. Jakel’s May 26, 2022 deposition in IPR2021-
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`01413, the transcript of which was submitted by MemoryWeb as Exhibit 2036 in
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`IPR2021-01413 and which was designated as “Highly Confidential – Attorneys’
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`Eyes Only” and sealed under the Unified IPR Protective Order.
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`4.
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`The contents and authentication of all Documents produced by Unified
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`pursuant to MemoryWeb’s document subpoena and/or were submitted into evidence
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`during the Unified IPR.
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`MemoryWeb Ex. 2042
`Apple, Inc. v. MemoryWeb, LLC - IPR 2022-00031
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`ATTACHMENT B
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`MemoryWeb Ex. 2042
`Apple, Inc. v. MemoryWeb, LLC - IPR 2022-00031
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`APPLE, INC.
`Petitioner
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`v.
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`MEMORYWEB, LLC
`Patent Owner
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`Patent No. 10,621,228
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`
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`Inter Partes Review No. IPR2022-00031
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`
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`PROTECTIVE ORDER
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`MemoryWeb Ex. 2042
`Apple, Inc. v. MemoryWeb, LLC - IPR 2022-00031
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`IPR2022‐00031
`U.S. Patent No. 10,621,228
`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.
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`1. Confidential information shall be clearly marked “CONFIDENTIAL –
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`PROTECTIVE ORDER MATERIAL” or “HIGHLY CONFIDENTIAL –
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`ATTORNEYS’ EYES ONLY.”
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`2. Access to confidential information marked “HIGHLY CONFIDENTIAL
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`– ATTORNEYS’ EYES ONLY” is limited to the following individuals who have
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`executed the acknowledgement appended to this order:
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`(A) Outside counsel. Outside counsel of record for a party in the proceeding,
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`including employees of outside counsel of record’s law firm(s) to whom it is
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`reasonably necessary to disclose this information to assist outside counsel of
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`record in connection with this proceeding, including members of their firms,
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`associate attorneys, paralegal, clerical, and other regular employees of such
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`counsel. All in-house counsel and other representatives of the parties (other
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`than outside counsel of record) shall not be allowed to view HIGHLY
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`CONFIDENTIAL – ATTORNEYS’ EYES ONLY Information.
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`
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`1
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`MemoryWeb Ex. 2042
`Apple, Inc. v. MemoryWeb, LLC - IPR 2022-00031
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`IPR2022‐00031
`U.S. Patent No. 10,621,228
`(B) Experts. Retained experts of a party in the proceeding who further certify in the
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`Acknowledgement that they are not a competitor to any party, or a consultant for, or
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`employed by, such a competitor with respect to the subject matter of the proceeding.
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`(C) 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 information shall
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`have such access without the requirement to sign an Acknowledgement. Such
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`employees and representatives shall include the Director, members of the Board and
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`their clerical staff, other support personnel, court reporters, and other persons acting
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`on behalf of the Office.
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`(D) Support Personnel. Administrative assistants, clerical staff, court reporters and
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`other support personnel of the foregoing persons who are reasonably necessary to
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`assist those persons in the proceeding shall not be required to sign an
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`Acknowledgement, but shall be informed of the terms and requirements of the
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`Protective Order by the person they are supporting who receives confidential
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`information.
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`3. Access
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`to confidential
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`information marked “CONFIDENTIAL –
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`PROTECTIVE ORDER MATERIAL” is limited to the following individuals who
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`have executed the acknowledgment appended to this order:
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`
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`2
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`MemoryWeb Ex. 2042
`Apple, Inc. v. MemoryWeb, LLC - IPR 2022-00031
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`IPR2022‐00031
`U.S. Patent No. 10,621,228
`(A) Above Personnel. Those persons or entities identified in paragraph 2 of
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`this Protective Order under the conditions set forth in that paragraph.
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`(B) 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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`(C) In-house counsel. In-house counsel of a party.
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`4. Employees (e.g., corporate officers), consultants, or other persons
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`performing work for a party, other than in-house counsel and in-house counsel’s
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`support staff, who sign the Acknowledgement shall be extended access to
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`confidential information only upon agreement of the parties or by order of the Board
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`upon a motion brought by the party seeking to disclose confidential information to
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`that person. The party opposing disclosure to that person shall have the burden of
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`proving that such person should be restricted from access to confidential
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`information.
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`5. Persons receiving confidential information shall use reasonable efforts to
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`maintain 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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`3
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`MemoryWeb Ex. 2042
`Apple, Inc. v. MemoryWeb, LLC - IPR 2022-00031
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`IPR2022‐00031
`U.S. Patent No. 10,621,228
`(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 uses to
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`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
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`confidential information understand and abide by the obligation to maintain the
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`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
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`copies needed for conduct of the proceeding and maintaining a record of the
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`locations of such copies.
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`6. Persons receiving confidential information shall use the following
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`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
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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 submission shall be treated as confidential and
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`remain under seal, unless the Board determines that the documents or
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`
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`4
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`MemoryWeb Ex. 2042
`Apple, Inc. v. MemoryWeb, LLC - IPR 2022-00031
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`IPR2022‐00031
`U.S. Patent No. 10,621,228
`information do not to qualify for confidential treatment. The
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`information shall remain under seal unless the Board determines that
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`some or all of the information does not qualify for confidential
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`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 file
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`confidential and non-confidential versions of its submission, together
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`with a Motion to Seal the confidential version setting forth the reasons
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`why the information redacted from the non-confidential version is
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`confidential and should not be made available to the public. A party may
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`challenge the confidentiality of the information by opposing the Motion
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`to Seal. The non-confidential version of the submission shall clearly
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`indicate the locations of information that has been redacted. The
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`confidential version of the submission shall be filed under seal. The
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`redacted information shall remain under seal unless the Board
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`determines that some or all of the redacted information does not qualify
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`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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`
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`5
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`MemoryWeb Ex. 2042
`Apple, Inc. v. MemoryWeb, LLC - IPR 2022-00031
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`
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`IPR2022‐00031
`U.S. Patent No. 10,621,228
`proceedings before the Board shall be clearly marked as “CONFIDENTIAL
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`– PROTECTIVE ORDER MATERIAL” or “HIGHLY CONFIDENTIAL –
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`ATTORNEYS’ EYES ONLY” and shall be produced in a manner that
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`maintains its confidentiality.
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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 information
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`must return, or certify the destruction of, all copies of the confidential information
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`to the producing party.
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`
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`6
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`MemoryWeb Ex. 2042
`Apple, Inc. v. MemoryWeb, LLC - IPR 2022-00031
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`EXHIBIT A
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`APPLE INC. v. MEMORY WEB, LLC
`Case No. IPR20222-00031
`U.S. Patent 10,621,228
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`Standard Acknowledgment for Access to Protective Order Material
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`I _________________________________________ , affirm that I have read
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`the Protective Order; that I will abide by its terms; that I will use the confidential
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`information only in connection with this proceeding and for no other purpose; that I
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`will only allow access to support staff who are reasonably necessary to assist me in
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`this 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 to
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`submit to the jurisdiction of the Office and the United States District Court for the
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`Eastern District of Virginia for purposes of enforcing the terms of the Protective
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`Order and providing remedies for its breach.
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`Executed on ____________________ , 20__.
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`
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`7
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`MemoryWeb Ex. 2042
`Apple, Inc. v. MemoryWeb, LLC - IPR 2022-00031
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