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`_________________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`_________________________
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`THE DATA COMPANY TECHNOLOGIES INC.,
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`Petitioner
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`v.
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`BRIGHT DATA LTD.,
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`Patent Owner
`
`_________________________
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`Case IPR2022-00135
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`Patent No. 10,257,319
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`_________________________
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`JOINT PROTECTIVE ORDER
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`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
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`The Data Company Technologies Inc. v. Bright Data Ltd.
`IPR2022-00135, EX. 2046
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`Joint Protective Order
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`This protective order governs the treatment and filing of any confidential
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`information, including documents and testimony.
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`1. Confidential materials
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`CONFIDENTIAL
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`2. Access to materials
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`CONFIDENTIAL is limited to the
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`following individuals who have executed the Acknowledgment appended to this
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`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. Outside counsel 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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`or a consultant for, or employed by, such a competitor with respect to the
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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 other support personnel of the foregoing persons who are
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`reasonably necessary to assist those persons in the proceeding shall not be
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`required to sign an Acknowledgement, but shall be informed of the terms
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`and requirements of the Joint Protective Order by the person they are
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`supporting who 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. 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 (2)(A)
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`(E), shall be extended access to
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`CONFIDENTIAL only
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`upon agreement of the parties or by order of the Board upon a motion brought by
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`the party seeking to disclose the confidential information to that person and after
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`signing the Acknowledgment. The party opposing disclosure to that person shall
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`have the burden of proving that such person should be restricted from access to
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`confidential information.
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`4. Confidential material that is so sensitive that its dissemination requires
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`even further limitation, including but not limited to, for example, unpublished
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`technical information, trade secret information, financial information, or computer
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`source code, shall be clearly marked as
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`OUTSIDE
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`. Any computer source code designated as
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`restrictions regarding printing, transport, and transmission in paragraph (6) below.
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`who have executed the Acknowledgement appended to this order:
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`(A) Party Representatives. Outside counsel of record for a party in the
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`proceeding.
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`(B) 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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`or a consultant for, or employed by, such a competitor with respect to the
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`subject matter of the proceeding.
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`(C) Support Personnel. Administrative assistants, clerical staff, court
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`reporters and other support personnel of the foregoing persons (including
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`outside graphics vendors) who are reasonably necessary to assist those
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`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
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`the Joint Protective Order by the person they are supporting who receives
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`confidential information.
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`(D) 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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`6. Regarding computer source code
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`: a receiving Party may
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`include excerpts of Source Code Material in a paper, exhibit, expert declaration,
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`discovery document, deposition transcript, or other document filed with the Board
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`Document(s)
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`, provided that the
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`Source Code Document is appropriately marked
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`restricted to those who are entitled to have access to them as specified herein.
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`and
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`Additionally, regarding printing, transport, and transmission of Source Code
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`Material and/or Source Code Documents:
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`(A) No electronic copies of Source Code Material shall be made without
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`prior written consent of the producing Party, except as necessary for a
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`document
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`and procedures, must be filed
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`or served electronically. Except as otherwise specified herein, Source Code
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`Material may not be transmitted electronically over a network of any kind,
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`including a LAN, an intranet, or the Internet, other than when the receiving
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`Party initially receives the Source Code Material from the producing Party
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`and saves it for later permitted use.
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`(B) Source Code Documents may be transmitted electronically between a
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`person authorized under paragraphs (5)(A) or (5)(C) above and a person
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`authorized under paragraph (5)(B) above or an outside graphics vendor
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`under paragraph 5(C) only if the Source Code Document is appropriately
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`(C)
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`Source Code Documents may be transmitted electronically between
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`persons authorized under paragraphs (5)(A) or (5)(C) above and/or another
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`person within the same law firm only if the Source Code Document is
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`OUTSIDE
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`ATTORNE
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`(D) The receiving Party shall be permitted to make a reasonable number of
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`printouts and photocopies of Source Code Material and/or Source Code
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`Documents, all of which shall be designated and clearly labeled as
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`HIGHLY CONFIDENTIAL
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`(E) The receiving Party shall ensure that outside counsel, experts, and/or
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`support personnel keep the printouts or photocopies of Source Code Material
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`and/or Source Code Documents in a secured locked area. The receiving
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`Party may also temporarily keep the printouts or photocopies at: (i) the
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`Board for any hearing in this proceeding, for the dates associated with the
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`hearing; (ii) the sites where any deposition in this proceeding is taken, for
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`the dates associated with the deposition; and (iii) any intermediate location
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`reasonably necessary to transport the printouts or photocopies (e.g., a hotel
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`prior to a hearing or deposition).
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`(F) Except as otherwise specified in paragraph (6)(A) above, Source Code
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`Material may only be transported by the receiving Party at the direction of a
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`person authorized under paragraph (5) above to another person authorized
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`under paragraph (5) above, on paper or removable electronic media (e.g., a
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`DVD, CD-
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`or other similarly reliable courier.
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`CONFIDENTIAL,
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`,
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`OUTSIDE
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`and all copies,
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`abstracts, compilations, summaries, and extracts of such material.
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`8. Persons receiving Designated Material 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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`(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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`and
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`(D) Limiting the copying of confidential information to a reasonable number
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`of 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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`9. Persons receiving Designated Material shall use the following procedures
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`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 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
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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
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`may challenge the confidentiality of the information by opposing the
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`Motion to Seal. The non-confidential version of the submission shall
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`clearly indicate the locations of information that has been redacted.
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`The confidential version of the submission shall be filed under seal.
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`The redacted information shall remain under seal unless the Board
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`determines that some or all of the redacted information does not
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`qualify for confidential treatment.
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`(iii) A receiving Party may include excerpts of Designated Material in
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`a paper, exhibit, expert declaration, discovery document, deposition
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`transcript, or other document filed with the Board provided that the
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`Designated Material is appropriately marked under this order and is
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`filed with the Board
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`. The producing
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`Party will be responsible for filing a Motion to Seal in accordance
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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
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`CONFIDENTIAL,
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`OUTSIDE
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`,
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`and shall be
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`produced in a manner that maintains its confidentiality.
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`10. 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 Designated Material
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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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`(k) Standard Acknowledgement of Joint Protective Order. The following form may
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`be used to acknowledge a protective order and gain access to information covered
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`by the protective order:
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`_________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_________________________
`
`THE DATA COMPANY TECHNOLOGIES INC.,
`
`Petitioner
`
`v.
`
`BRIGHT DATA LTD.,
`
`Patent Owner
`
`_________________________
`
`Case IPR2022-00135
`
`Patent No. 10,257,319
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`_________________________
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`STANDARD ACKNOWLEDGEMENT
`FOR ACCESS TO DESIGNATED MATERIAL
`
`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
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`Standard Acknowledgment for Access to Designated Material
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`I __________________________________________, affirm that I
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`have read the Joint Protective Order; that I will abide by its terms; that I will
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`use the Designated Material only in connection with this proceeding and for
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`no other purpose; that I will only allow access to support staff who are
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`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
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`requirements of the Joint Protective Order; that I am personally responsible
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`for the requirements of the terms of the Joint Protective Order and I agree to
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`submit to the jurisdiction of the Office and the United States District Court
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`for the Eastern District of Virginia for purposes of enforcing the terms of the
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`Joint Protective Order and providing remedies for its breach.
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`_______________________
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`[Signature]
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`By: _______________________
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`Date: _______________________
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