UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`SAMSUNG ELECTRONICS CO., LTD.,
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`Petitioner,
`
`v.
`
`RJ TECHNOLOGY, LLC,
`
`Patent Owner.
`
`
`Case: IPR2023-01183
`U.S. Patent No. 7,749,641
`
`
`PROTECTIVE ORDER
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`
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`ACTIVE 688778273v1
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`1
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`Samsung Ex. 1033, Page 1 of 9
`Samsung Electronics Co., Ltd. v. RJ Technology, LLC
`IPR2023-01183
`
`
`
`
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`SAMSUNG ELECTRONICS CO., LTD.,
`
`Petitioner,
`
`v.
`
`RJ TECHNOLOGY, LLC,
`
`Patent Owner.
`
`
`Case: IPR2023-01183
`U.S. Patent No. 7,749,641
`
`
`PROTECTIVE ORDER
`
`
`
`
`
`
`
`
`
`ACTIVE 688778273v1
`
`1
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`Samsung Ex. 1033, Page 1 of 9
`Samsung Electronics Co., Ltd. v. RJ Technology, LLC
`IPR2023-01183
`
`
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`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
`This protective order governs the treatment and filing of confidential
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`information, including documents and testimony.
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`1.
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`Confidential information shall be clearly marked “PROTECTIVE
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`ORDER MATERIAL.”
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`2.
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`Information describing trade secrets including the confidential
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`details of business relationships may be designated as highly confidential
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`information. Such information should be clearly marked “PROTECTIVE
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`ORDER MATERIAL – ATTORNEYS’ EYES ONLY.”
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`3.
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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 the
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`proceeding.
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`ACTIVE 688778273v1
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`2
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`Samsung Ex. 1033, Page 2 of 9
`Samsung Electronics Co., Ltd. v. RJ Technology, LLC
`IPR2023-01183
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`
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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
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`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
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`are reasonably necessary to assist those persons in the proceeding
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`shall not be required to sign an Acknowledgement, but shall be
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`informed of the terms and requirements of the Protective Order by
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`the person
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`they are supporting who
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`receives confidential
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`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
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`information shall have such access without
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`the
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`requirement to sign an Acknowledgement. Such employees and
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`representatives shall include the Director, members of the Board and
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`their clerical staff, other support personnel, court reporters, and other
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`ACTIVE 688778273v1
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`3
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`Samsung Ex. 1033, Page 3 of 9
`Samsung Electronics Co., Ltd. v. RJ Technology, LLC
`IPR2023-01183
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`
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`persons acting on behalf of the Office.
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`4.
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`Access to highly confidential material is limited to persons
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`identified in (3)(B), (C), (E), and (F).
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`5.
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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 (2)(A)–
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`(E), shall be extended access to confidential information or highly confidential
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`information only upon agreement of the parties or by order of the Board upon a
`
`motion brought by the party seeking to disclose information to that person and
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`after signing the Acknowledgment. The party opposing disclosure to that person
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`shall have the burden of proving that such person should be restricted from
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`access to confidential information or highly confidential information.
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`6.
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`Persons receiving confidential information or highly confidential
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`information shall use reasonable efforts to maintain the confidentiality of the
`
`information, including:
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`(A) Maintaining such information in a secure location to which persons
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`not authorized to receive the information shall not have access;
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`(B) Otherwise using reasonable efforts to maintain the confidentiality of
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`the information, which efforts shall be no less rigorous than those the
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`ACTIVE 688778273v1
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`4
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`Samsung Ex. 1033, Page 4 of 9
`Samsung Electronics Co., Ltd. v. RJ Technology, LLC
`IPR2023-01183
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`
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`recipient uses to maintain the confidentiality of information not
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`received from the disclosing party;
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`(C) Ensuring that support personnel of the recipient who have access to
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`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 or highly confidential; and
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`(D) Limiting
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`the copying of confidential
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`information or highly
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`confidential information to a reasonable number of copies needed for
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`conduct of the proceeding and maintaining a record of the locations
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`of such copies.
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`7.
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`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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`or highly confidential information that is under seal, and set forth the
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`reasons why the information is confidential and should not be made
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`ACTIVE 688778273v1
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`5
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`Samsung Ex. 1033, Page 5 of 9
`Samsung Electronics Co., Ltd. v. RJ Technology, LLC
`IPR2023-01183
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`
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`available to the public. A party may challenge the confidentiality of
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`the information by opposing the Motion to Seal. The documents or
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`information shall remain under seal unless the Board determines that
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`some or all of it does not qualify for confidential treatment.
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`(ii) Where confidentiality is alleged as to some but not all of the
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`information submitted to the Board, the submitting party shall file
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`confidential and non-confidential versions of
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`its submission,
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`together with a Motion to Seal the confidential version setting forth
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`the reasons why the information redacted from the non-confidential
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`version is confidential and should not be made available to the
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`public. A party may challenge the confidentiality of the information
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`by opposing the Motion to Seal. The non-confidential version of the
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`submission shall clearly indicate the locations of information that
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`has been redacted. The confidential version of the submission shall
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`be filed under seal. The redacted information shall remain under seal
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`unless the Board determines that some or all of the redacted
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`information does not qualify for confidential treatment.
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`(B) Documents and Information Exchanged Among
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`ACTIVE 688778273v1
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`the Parties.
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`Samsung Ex. 1033, Page 6 of 9
`Samsung Electronics Co., Ltd. v. RJ Technology, LLC
`IPR2023-01183
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`
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`Documents (including deposition transcripts) and other information
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`designated as confidential or highly confidential that are disclosed to
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`another party during discovery or other proceedings before the
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`Board shall be clearly marked as “PROTECTIVE ORDER
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`MATERIAL” and shall be produced in a manner that maintains its
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`confidentiality.
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`8. 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
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`information or highly confidential information must return, or certify the
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`destruction of, all copies of the confidential information to the producing party.
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`
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`(k) 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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`
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`ACTIVE 688778273v1
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`7
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`Samsung Ex. 1033, Page 7 of 9
`Samsung Electronics Co., Ltd. v. RJ Technology, LLC
`IPR2023-01183
`
`
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`
`
`SAMSUNG ELECTRONICS CO., LTD.,
`
`Petitioner,
`
`v.
`
`RJ TECHNOLOGY, LLC,
`
`Patent Owner.
`
`
`Case: IPR2023-01183
`U.S. Patent No. 7,749,641
`
`
`STANDARD ACKNOWLEDGMENT FOR ACCESS TO
`PROTECTIVE ORDER MATERIAL
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`
`
`
`
`
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`ACTIVE 688778273v1
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`8
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`Samsung Ex. 1033, Page 8 of 9
`Samsung Electronics Co., Ltd. v. RJ Technology, LLC
`IPR2023-01183
`
`
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`Standard Acknowledgment for Access to Protective
`Order Material
`, affirm that I have read the Protective Order; that I will abide by its
`
`I
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`terms; that I will use the confidential information or highly confidential
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`information only in connection with this proceeding and for no other purpose;
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`that I will only allow access to support staff who are reasonably necessary to
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`assist me in this proceeding; that prior to any disclosure to such support staff I
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`informed or will inform them of the requirements of the Protective Order; that I
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`am personally responsible for the requirements of the terms of the Protective
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`Order and I agree to submit to the jurisdiction of the Office and the United States
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`District Court for the Eastern District of Virginia for purposes of enforcing the
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`terms of the Protective Order and providing remedies for its breach.
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`[Signature]
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`ACTIVE 688778273v1
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`9
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`Samsung Ex. 1033, Page 9 of 9
`Samsung Electronics Co., Ltd. v. RJ Technology, LLC
`IPR2023-01183
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