`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`ASSA ABLOY AB, ASSA ABLOY INC., ASSA ABLOY RESIDENTIAL
`GROUP, INC., AUGUST HOME, INC., HID GLOBAL CORPORATION,
`ASSA ABLOY GLOBAL SOLUTIONS, INC.,
`Petitioner,
`
`v.
`
`CPC PATENT TECHNOLOGIES PTY LTD.,
`Patent Owner.
`
`
`
`
`
`
`
`
`
`REVISED JOINT MOTION FOR PROTECTIVE ORDER
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Case IPR2022-01093
`Patent 8,620,039
`
`
`
`
`
`
`
`
`
`
`
`I.
`
`INTRODUCTION
`Pursuant to the Board’s email of November 16, 2022 in related IPR2022-
`
`01006; 01045; 01089, Petitioners ASSA ABLOY AB, ASSA ABLOY Inc., ASSA
`
`ABLOY Residential Group, Inc., August Home, Inc., HID Global Corporation, and
`
`ASSA ABLOY Global Solutions, Inc. (collectively, “Petitioners”) and Patent
`
`Owner CPC Patent Technologies Pty Ltd. (“CPC” or “Patent Owner”) respectfully
`
`submit this Revised Joint Motion for Protective Order. The Parties have agreed
`
`upon entry of a [Proposed] Stipulated Protective Order (“Stipulated Protective
`
`Order”) in this proceeding. The Stipulated Protective Order is attached hereto as
`
`Appendix A. A mark-up showing the differences between the Stipulated Protective
`
`Order and the PTAB’s default protective order is also provided and attached hereto
`
`as Appendix B. Appendices A and B have been revised in accordance with the
`
`Board’s instructions in the aforementioned email.
`
`II. GOOD CAUSE EXISTS FOR ENTERING THE STIPULATED
`PROTECTIVE ORDER
`A party seeking to protect confidential information may seek entry of a
`
`protective order in a proceeding before the Board. See, e.g., Garmin Int’l, Inc. v.
`
`Cuozzo Speed Techs, LLC, IPR2012-00001, Paper 34 (PTAB Mar. 14, 2013).
`
`Upon a showing of good cause, the Board may enter a protective order to protect
`
`from public disclosure such confidential information as disclosed by a party during
`
`the course of a proceeding before the Board. See 37 CFR § 42.54.
`
`
`
`2
`
`
`
`Patent Owner and Petitioners have agreed to use the Stipulated Protective
`
`Order in Appendix A to govern the handling of confidential information in this
`
`proceeding. The Stipulated Protective Order corresponds to the default protective
`
`order set forth in the Office Patent Trial Practice Guide, but has been amended to
`
`1) revise confidential information designations; 2) preclude access by the Parties
`
`and limit in-house counsel access to the protected information; and 3) provide for
`
`notice provisions if disclosure of the protected information to an independent
`
`consultant or expert is sought. See Appendix B (mark-up showing amendments of
`
`the Stipulated Protective Order relative to the language in the Board’s default
`
`protective order).
`
`Amendment 1) is analogous to an outside-counsel-eyes-only designation and
`
`is necessary because the information sought to be protected is considered by the
`
`designating party to be highly sensitive technical and business trade secret
`
`information.
`
`Amendment 2) provides minor revisions to the provisions relating to who
`
`may access the protected material, including precluding access by the Parties and
`
`provisions relating to limiting the number of in-house counsel who have access to
`
`the protected information, as well as prior approval of the opposing party of in-
`
`house counsel before disclosure. These minor revisions are designed to avoid
`
`inadvertent disclosure of each party’s protected information.
`
`
`
`3
`
`
`
`Amendment 3) pertains to notice provisions regarding disclosure of
`
`protected information to independent consultants or experts. This revision is
`
`typical in standard protective orders and ensures there is no conflict of interest.
`
`In view of the foregoing, good cause exists to enter the Stipulated Protective
`
`Order. Accordingly, Patent Owner and Petitioners respectfully request entry of the
`
`Stipulated Protective Order.
`
`
`
`
`
`
`
`
`
`By: /Andrew Devkar/
`Dion Bregman
`Andrew Devkar
`James J. Kritsas
`MORGAN, LEWIS & BOCKIUS LLP
`1400 Page Mill Road
`Palo Alto, CA 94304
`Tel.: (650) 843-4000
`Fax.: (650) 843-4001
`HID-IPRs@morganlewis.com
`
`Attorneys for Petitioners
`
`
`Dated: November 17, 2022
`
`Respectfully submitted,
`
`
`
`
`By: /Andrew C. Ryan/
`Andrew C. Ryan
`Reg. No. 43,070
`Steven M. Coyle
`(admitted pro hac vice)
`Nicholas A. Geiger
`(admitted pro hac vice)
`CANTOR COLBURN LLP
`20 Church Street, 22nd Floor
`Hartford, CT 06103
`Tel.: (860) 286-2929
`Fax.: (860) 286-0115
`aryan@cantorcolburn.com
`scoyle@cantorcolburn.com
`ngeiger@cantorcolburn.com
`
`Attorneys for Patent Owner
`
`
`
`
`
`
`
`
`
`4
`
`
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R. § 42.6(e), the undersigned certifies that on this 17th
`
`day of November, 2022, service of the foregoing document was made on counsel
`
`of record by filing this document through the Patent Trial and Appeal Board’s
`
`P-TACTS platform.
`
`Dated: November 17, 2022
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`By:
`
`
`
`
`/Andrew C. Ryan/
`Andrew C. Ryan
`Reg. No. 43,070
`
`
`
`
`
`5
`
`
`
`
`
`
`
`
`
`
`Appendix A
`Appendix A
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Case No. IPR2022-01093
`Patent No. 8,620,039
`
`
`________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`________________
`
`ASSA ABLOY AB, ASSA ABLOY Inc.,
`ASSA ABLOY Residential Group, Inc., August Home, Inc., HID Global
`Corporation, and ASSA ABLOY Global Solutions, Inc.,
`Petitioners,
`
`v.
`
`CPC Patent Technologies PTY LTD.,
`Patent Owner.
`Case No. IPR2022-01093
`
`Patent No. 8,620,039
`
`________________________________________________________________
`
`
`
`PROTECTIVE ORDER
`
`
`
`
`
`
`
`The following Protective Order will govern the filing and treatment of confidential
`
`Case No. IPR2022-01093
`Patent No. 8,620,039
`
`
`information in the proceeding:
`
`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” or
`
`“CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY.”
`
`2. Access to information marked “CONFIDENTIAL” is limited to the
`
`following individuals who have executed the Acknowledgment appended to
`
`this order:
`
`(A). Party Representatives. Representatives of record for a party in the
`
`proceeding, excluding in-house counsel of a party, except as stated in
`
`Section 2(C).
`
`(B). 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.
`
`(i). A party desiring to disclose confidential information designated
`
`as CONFIDENTIAL to an independent expert or independent
`
`consultant shall give prior written notice to the producing party
`
`
`
`accompanied by an executed copy of the Acknowledgment
`
`Case No. IPR2022-01093
`Patent No. 8,620,039
`
`
`appended to this order for each independent expert or
`
`independent consultant to whom such information or material
`
`shall be disclosed, who shall have five (5) business days after
`
`such notice is given to object in writing with the basis for the
`
`objection. The party desiring to disclose the confidential
`
`information must also provide the following information for
`
`each expert or consultant: (i) name, address, curriculum vitae,
`
`current employer, and employment (including consulting)
`
`history for the past four (4) years; and (ii) a listing of cases in
`
`which the witness has testified as an expert at trial or by
`
`deposition within the preceding four (4) years. No confidential
`
`information shall be disclosed to such expert(s) or consultant(s)
`
`until after the expiration of the foregoing notice period, or until
`
`after the resolution of any objection made under this Section. In
`
`the event of an objection, the parties shall first informally try to
`
`resolve the objection in good faith. In the event the objection
`
`cannot be resolved, the objecting party must seek appropriate
`
`relief from the Board within ten (10) business days from the
`
`date it first received notice (or within such time as agreed, by
`
`
`
`the parties); otherwise such independent expert or consultant
`
`Case No. IPR2022-01093
`Patent No. 8,620,039
`
`
`shall be permitted such access. The burden of proving that the
`
`proposed independent expert or consultant should not be
`
`permitted access to Confidential Material is on the objecting
`
`party.
`
`(C). In-house counsel. Up to a maximum of three (3) in-house counsel of
`
`a party who are identified and approved by the other party before any
`
`confidential information is so disclosed.
`
`(D). 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.
`
`(E). 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
`
`Case No. IPR2022-01093
`Patent No. 8,620,039
`
`
`the Office.
`
`3. CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY shall mean (a)
`
`commercially sensitive marketing, financial, sales, web traffic, research and
`
`development, or technical data or information; (b) commercially sensitive
`
`competitive information, including, without limitation, information obtained
`
`from a non-party pursuant to a current Nondisclosure Agreement; or (c)
`
`commercial agreements, license agreements, settlement agreements, or
`
`settlement communications; and for which the disclosure of any such
`
`document is likely to cause harm to the competitive position of the
`
`producing party. Access to information marked “CONFIDENTIAL –
`
`OUTSIDE ATTORNEYS’ EYES ONLY” is limited to the following
`
`individuals who have executed the Acknowledgment appended to this order:
`
`(A). Party Representatives. Representatives of record for a party in the
`
`proceeding, excluding in-house counsel of a party.
`
`(B). 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 that are subject to the same
`
`requirements set forth above in Section (2)(B)(i)).
`
`
`
`(C). Support Personnel. Administrative assistants, clerical staff, court
`
`Case No. IPR2022-01093
`Patent No. 8,620,039
`
`
`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.
`
`(D). 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 or in-house counsel), consultants, or
`
`other persons performing work for a party, other than those persons identified
`
`above in (2)(A)–(E) and (3)(A)-(D), shall not be extended access to confidential
`
`information unless there is a prior 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
`
`Case No. IPR2022-01093
`Patent No. 8,620,039
`
`
`restricted from access to confidential information.
`
`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.
`
`6. Persons receiving confidential information shall use the following
`
`procedures to maintain the confidentiality of the information:
`
`(A). Documents and Information Filed with the Board.
`
`
`
`Case No. IPR2022-01093
`Patent No. 8,620,039
`
`(i). A party may file documents or information with the Board along with
`
`a Motion to Seal. The documents must be filed as viewable by the
`
`Board and counsel only. 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.
`
`(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
`
`Case No. IPR2022-01093
`Patent No. 8,620,039
`
`
`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 proceedings before the Board shall be clearly
`
`marked as “CONFIDENTIAL” or “CONFIDENTIAL – OUTSIDE
`
`ATTORNEYS’ EYES ONLY” and shall be produced in a manner that
`
`maintains its confidentiality.
`
`7. 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.
`
`
`
`
`
`
`
`Case No. IPR2022-01093
`Patent No. 8,620,039
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`________________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`________________
`ASSA ABLOY AB, ASSA ABLOY Inc.,
`ASSA ABLOY Residential Group, Inc., August Home, Inc., HID Global
`Corporation, and ASSA ABLOY Global Solutions, Inc.,
`Petitioners,
`
`v.
`
`CPC Patent Technologies PTY LTD.,
`Patent Owner.
`Case No. IPR2022-01093
`
`Patent No. 8,620,039
`
`________________________________________________________________
`
`
`ACKNOWLEDGMENT FOR ACCESS TO
`PROTECTIVE ORDER MATERIAL
`
`
`
`
`
`
`
`
`
`I __________________________________________, affirm that I have read the
`
`Case No. IPR2022-01093
`Patent No. 8,620,039
`
`
`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: _______________________________
`
`Printed Name: ____________________________
`
`Date: _______________
`
`
`
`
`
`
`
`
`
`
`Appendix B
`Appendix B
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Case No. IPR2022-01093
`Patent No. 8,620,039
`
`
`________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`________________
`
`ASSA ABLOY AB, ASSA ABLOY Inc.,
`ASSA ABLOY Residential Group, Inc., August Home, Inc., HID Global
`Corporation, and ASSA ABLOY Global Solutions, Inc.,
`Petitioners,
`
`v.
`
`CPC Patent Technologies PTY LTD.,
`Patent Owner.
`Case No. IPR2022-01093
`
`Patent No. 8,620,039
`
`________________________________________________________________
`
`
`
`DEFAULT PROTECTIVE ORDER
`
`
`
`
`
`
`
`The following Default Protective Order will govern the filing and treatment of
`
`Case No. IPR2022-01093
`Patent No. 8,620,039
`
`
`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 “PROTECTIVE ORDER
`
`MATERIALCONFIDENTIAL” or “CONFIDENTIAL – OUTSIDE
`
`ATTORNEYS’ EYES ONLY.”
`
`2. Access to confidential information marked “CONFIDENTIAL” 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).(A). Party Representatives. Representatives of record for a party in
`
`the proceeding, excluding in-house counsel of a party, except as stated in
`
`Section 2(C).
`
`(C).(B). 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.
`
`
`
`(i). A party desiring to disclose confidential information designated
`
`Case No. IPR2022-01093
`Patent No. 8,620,039
`
`
`as CONFIDENTIAL to an independent expert or independent
`
`consultant shall give prior written notice to the producing party
`
`accompanied by an executed copy of the Acknowledgment
`
`appended to this order for each independent expert or
`
`independent consultant to whom such information or material
`
`shall be disclosed, who shall have five (5) business days after
`
`such notice is given to object in writing with the basis for the
`
`objection. The party desiring to disclose the confidential
`
`information must also provide the following information for
`
`each expert or consultant: (i) name, address, curriculum vitae,
`
`current employer, and employment (including consulting)
`
`history for the past four (4) years; and (ii) a listing of cases in
`
`which the witness has testified as an expert at trial or by
`
`deposition within the preceding four (4) years. No confidential
`
`information shall be disclosed to such expert(s) or consultant(s)
`
`until after the expiration of the foregoing notice period, or until
`
`after the resolution of any objection made under this Section. In
`
`the event of an objection, the parties shall first informally try to
`
`resolve the objection in good faith. In the event the objection
`
`
`
`cannot be resolved, the objecting party must seek appropriate
`
`Case No. IPR2022-01093
`Patent No. 8,620,039
`
`
`relief from the Board within ten (10) business days from the
`
`date it first received notice (or within such time as agreed, by
`
`the parties); otherwise such independent expert or consultant
`
`shall be permitted such access. The burden of proving that the
`
`proposed independent expert or consultant should not be
`
`permitted access to Confidential Material is on the objecting
`
`party.
`
`(D).(C). In-house counsel. InUp to a maximum of three (3) in-house
`
`counsel of a party who are identified and approved by the other party
`
`before any confidential information is so disclosed.
`
`(E).(D). 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).(E). 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
`
`Case No. IPR2022-01093
`Patent No. 8,620,039
`
`
`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.
`
`3. CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY shall mean (a)
`
`commercially sensitive marketing, financial, sales, web traffic, research and
`
`development, or technical data or information; (b) commercially sensitive
`
`competitive information, including, without limitation, information obtained
`
`from a non-party pursuant to a current Nondisclosure Agreement; or (c)
`
`commercial agreements, license agreements, settlement agreements, or
`
`settlement communications; and for which the disclosure of any such
`
`document is likely to cause harm to the competitive position of the
`
`producing party. Access to information marked “CONFIDENTIAL –
`
`OUTSIDE ATTORNEYS’ EYES ONLY” is limited to the following
`
`individuals who have executed the Acknowledgment appended to this order:
`
`(A). Party Representatives. Representatives of record for a party in the
`
`proceeding, excluding in-house counsel of a party.
`
`(B). 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 that are subject to the same
`
`Case No. IPR2022-01093
`Patent No. 8,620,039
`
`
`requirements set forth above in Section (2)(B)(i)).
`
`(C). 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.
`
`(D). 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.
`
`3.4.
`
`Employees (e.g., corporate officers or in-house counsel), consultants,
`
`or other persons performing work for a party, other than those persons identified
`
`above in (d)(2)(A)–(E) and (3)(A)-(D), shall not be extended access to confidential
`
`information only uponunless there is a prior 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
`
`Case No. IPR2022-01093
`Patent No. 8,620,039
`
`
`opposing disclosure to that person shall have the burden of proving that such
`
`person should be restricted from access to confidential information.
`
`4.5.
`
`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.
`
`5.6.
`
`Persons receiving confidential information shall use the following
`
`procedures to maintain the confidentiality of the information:
`
`
`
`(A). Documents and Information Filed with the Board.
`
`Case No. IPR2022-01093
`Patent No. 8,620,039
`
`
`(i). A party may file documents or information with the Board along with
`
`a Motion to Seal. The documents must be filed as viewable by the
`
`Board and counsel only. 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.
`
`(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
`
`Case No. IPR2022-01093
`Patent No. 8,620,039
`
`
`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 proceedings before the Board shall be clearly
`
`marked as “PROTECTIVE ORDER MATERIALCONFIDENTIAL”
`
`or “CONFIDENTIAL – OUTSIDE ATTORNEYS’ EYES ONLY”
`
`and shall be produced in a manner that maintains its confidentiality.
`
`7. 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.
`
`
`
`
`
`Case No. IPR2022-01093
`Patent No. 8,620,039
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`________________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`________________
`ASSA ABLOY AB, ASSA ABLOY Inc.,
`ASSA ABLOY Residential Group, Inc., August Home, Inc., HID Global
`Corporation, and ASSA ABLOY Global Solutions, Inc.,
`Petitioners,
`
`v.
`
`CPC Patent Technologies PTY LTD.,
`Patent Owner.
`Case No. IPR2022-01093
`
`Patent No. 8,620,039
`
`________________________________________________________________
`
`
`STANDARD ACKNOWLEDGMENT FOR ACCESS TO
`PROTECTIVE ORDER MATERIAL
`
`
`
`
`
`
`
`
`
`
`
`I __________________________________________, affirm that I have read the
`
`Case No. IPR2022-01093
`Patent No. 8,620,039
`
`
`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]: _______________________________
`
`Printed Name: ____________________________
`
`Date: _______________
`
`