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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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`World Programming Limited
`Petitioner
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`v.
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`SAS Institute Inc.
`Patent Owner
`______________________
`
`Case IPR2019-01457
`Patent 7,170,519
`______________________
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`PROTECTIVE ORDER
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`SAS Institute Inc.
`EXHIBIT 2013
`Page 1 of 8
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`This protective order governs the treatment and filing of confidential
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`information, including documents and testimony, in Case IPR2019-01457. It is
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`substantively identical to the Board’s default protective order set forth in Appendix
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`B of the Trial Practice Guide Update (July 2019).
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`1. Confidential information shall be clearly marked “PROTECTIVE ORDER
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`MATERIAL.”
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`2. Access to confidential information is limited to the following individuals
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`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 proceeding
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`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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`(C) Experts. Retained experts of a party in the proceeding who further certify
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`in the Acknowledgement that they are not a competitor to any party, or a
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`consultant for, or employed by, such a competitor with respect to the subject
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`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 reporters
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`and other support personnel of the foregoing persons who are reasonably
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`necessary to assist those persons in the proceeding shall not be required to
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`-1-
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`SAS Institute Inc.
`EXHIBIT 2013
`Page 2 of 8
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`sign an Acknowledgement, but shall be informed of the terms and
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`requirements of the Protective Order by the person they are supporting who
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`receives confidential information.
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`(F) 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
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`shall have such access without the requirement to sign an Acknowledgement.
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`Such employees and representatives shall include the Director, members of
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`the Board and their clerical staff, other support personnel, court reporters, and
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`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 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 information.
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`4. 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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`-2-
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`SAS Institute Inc.
`EXHIBIT 2013
`Page 3 of 8
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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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`5. 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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`-3-
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`SAS Institute Inc.
`EXHIBIT 2013
`Page 4 of 8
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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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`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
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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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`SAS Institute Inc.
`EXHIBIT 2013
`Page 5 of 8
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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 “PROTECTIVE
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`ORDER MATERIAL” and shall be produced in a manner that maintains its
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`confidentiality.
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`6. 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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`-5-
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`SAS Institute Inc.
`EXHIBIT 2013
`Page 6 of 8
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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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`World Programming Limited
`Petitioner
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`v.
`
`SAS Institute Inc.
`Patent Owner
`______________________
`
`Case IPR2019-01457
`Patent 7,170,519
`______________________
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`ACKNOWLEDGEMENT FOR ACCESS TO
` PROTECTIVE ORDER MATERIAL
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`I, ____________________________, affirm that I have read the Protective Order;
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`that I will abide by its terms; that I will use the confidential information only in
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`connection with this proceeding and for no other purpose; that I will only allow
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`access to support staff who are reasonably necessary to assist me in this proceeding;
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`that prior to any disclosure to such support staff I informed or will inform them of
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`the requirements of the Protective Order; that I am personally responsible for the
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`requirements of the terms of the Protective Order and I agree to submit to the
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`jurisdiction of the Office and the United States District Court for the Eastern District
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`-i-
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`SAS Institute Inc.
`EXHIBIT 2013
`Page 7 of 8
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`of Virginia for purposes of enforcing the terms of the Protective Order and providing
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`remedies for its breach.
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`Executed on ____________________
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`______________________________
`Signature
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`______________________________
`Printed Name
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`-ii-
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`SAS Institute Inc.
`EXHIBIT 2013
`Page 8 of 8
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