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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`APPLE INC.,
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`Petitioner
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`v.
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`BILLJCO LLC,
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`Patent Owner
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`CASE: IPR2022-00426
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`U.S. PATENT NO. 8,761,804
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`PROTECTIVE ORDER
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`40627520.1
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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
`This protective order governs the treatment and filing of confidential
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`information, including documents and testimony.
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`6.
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`Confidential information shall be clearly marked “PROTECTIVE
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`ORDER MATERIAL.”
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`7.
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`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
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`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
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`the proceeding.
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`(C) Experts. Retained experts of a party in the proceeding who
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`further certify in the Acknowledgement that they are not a competitor
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`to any party, or a consultant for, or employed by, such a competitor with
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`respect to the subject matter of the proceeding.
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`(D)
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`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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`40627520.1
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`reasonably necessary to assist those persons in the proceeding shall not
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`be required to sign an Acknowledgement, but shall be informed of the
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`terms and requirements of the 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
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`Patent and Trademark Office who have a need for access to the
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`confidential information shall have such access without the requirement
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`to sign an Acknowledgement. Such employees and representatives
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`shall include the Director, members of the Board and their clerical staff,
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`other support personnel, court reporters, and other persons acting on
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`behalf of the Office.
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`8.
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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 (d)(2)(A)–
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`(E), shall be extended access to confidential information only upon agreement of the
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`parties or by order of the Board upon a motion brought by the party seeking to
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`disclose confidential
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`information
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`to
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`that person and after signing
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`the
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`Acknowledgment. The party opposing disclosure to that person shall have the
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`burden of proving that such person should be restricted from access to confidential
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`information.
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`40627520.1
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`9.
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`Persons receiving confidential information shall use reasonable efforts
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`to maintain the confidentiality of the information, including:
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`(A) Maintaining such information in a secure location to which
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`persons not authorized to receive the information shall not have access;
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`(B) Otherwise using
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`reasonable
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`efforts
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`to maintain
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`the
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`confidentiality of the information, which efforts shall be no less
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`rigorous than those the recipient uses to maintain the confidentiality of
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`information not received from the disclosing party;
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`(C) Ensuring that support personnel of the recipient who have access
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`to the confidential information understand and abide by the obligation
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`to maintain the confidentiality of information received that is
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`designated as confidential; and
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`(D) Limiting the copying of confidential information to a reasonable
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`number of copies needed for conduct of the proceeding and maintaining
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`a record of the locations of such copies.
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`10. 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 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. 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.
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`Documents (including deposition transcripts) and other information
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`designated as confidential that are disclosed to another party during
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`discovery or other proceedings before the Board shall be clearly marked
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`as “PROTECTIVE ORDER MATERIAL” and shall be produced in a
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`manner that maintains its confidentiality.
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`11. 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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`(k)
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`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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`40627520.1
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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.,
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`Petitioner
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`v.
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`BILLJCO LLC,
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`Patent Owner
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`CASE: IPR2022-00426
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`U.S. PATENT NO. 8,761,804
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`ACKNOWLEDGMENT FOR ACCESS
`TO PROTECTIVE ORDER MATERIAL
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`40627520.1
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`I _____________________________, affirm that I have
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`read the Protective Order; that I will abide by its terms;
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`that I will use the confidential information only in
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`connection with this proceeding and for no other purpose;
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`that I will only allow access to support staff who are
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`reasonably necessary to assist me in this proceeding; that
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`prior to any disclosure to such support staff I informed or
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`will inform them of the requirements of the Protective
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`Order;
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`that I am personally responsible for
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`the
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`requirements of the terms of the Protective Order and I
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`agree to submit to the jurisdiction of the Office and the
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`United States District Court for the Eastern District of
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`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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