`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________________
`
`NINTENDO CO., LTD., and NINTENDO OF AMERICA INC.,
`Petitioners,
`
`v.
`
`ANCORA TECHNOLOGIES, INC.,
`Patent Owner.
`__________
`
`Case IPR2021-01338
`U.S. Patent No. 6,411,941 B1
`
`____________________________________________________________
`
`
`Protective Order
`
`
`This protective order governs the treatment and filing of confidential information,
`including documents and testimony.
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`1. Confidential information shall be clearly marked ‘‘PROTECTIVE ORDER
`MATERIAL.’’ Third-party confidential information shall further be clearly marked
`as “THIRD-PARTY CONFIDENTIAL - PARTY ACCESS LIMITED.”
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`2. Access to confidential information is limited to the following 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 proceeding
`and other persons who are named parties to the proceeding. Third-party
`confidential information shall not be disclosed to Parties unless the respective
`third-party agrees in writing to the disclosure.
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`Case No. IPR2021-01338
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`(B) Party Representatives. Outside representatives of record for a party in the
`proceeding.
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`(C) 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) For third-party confidential information to be disclosed to a retained
`expert under this agreement, the disclosing party must provide at least
`10 days’ notice to the third-party prior to disclosure to the retained
`expert to allow time for objection to the proposed disclosure.
`
`(ii) A party introducing third-party confidential information will serve
`contact information for the third-party for purposes of giving the
`aforementioned 10-days’ notice on all Party Representatives on the
`same date on which the introducing party introduces the third-party
`confidential information into a paper, exhibit, or otherwise into the
`record.
`
`(iii) For any third-party confidential information for which the third-
`party objects to the proposed disclosure, the objected to expert will be
`extended access to the respective confidential information only by
`order of the Board upon a motion brought by the party seeking to
`disclose confidential information to that expert. The party opposing
`disclosure to that expert shall have the burden of proving that such
`expert should be restricted from access to confidential information.
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`(D) In-House Counsel. In-house counsel of a party. Third-party confidential
`information shall not be disclosed to In-House Counsel unless the respective
`third-party agrees in writing to the disclosure.
`
`(E) Other Employees of a Party. Employees, consultants or other persons
`performing work for a party, other than in-house counsel and in-house
`counsel’s support staff, who sign the Acknowledgement (“Other Employees
`of a Party”) shall be extended access to confidential information only upon
`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. The party
`opposing disclosure to that person shall have the burden of proving that such
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`Case No. IPR2021-01338
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`person should be restricted from access to confidential information. Third-
`party confidential information shall not be disclosed to Other Employees of a
`Party unless the respective third-party agrees in writing to the disclosure.
`
`(F) The Office. Employees and representatives of the 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.
`
`(G) 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.
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`3. Persons receiving confidential 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 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
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`(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.
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`4. Persons receiving confidential information shall use the following procedures to
`maintain the confidentiality of the information:
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`Case No. IPR2021-01338
`Patent No. 6,411,941
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`(A) Documents and Information Filed with the Board.
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`(i) A party filing documents or information with the Board having
`confidential information therein must file them under seal, together
`with a non-confidential description of the nature of the confidential
`information that is under seal and the reasons why the information is
`confidential and should not be made available to the public. The
`submission shall be treated as confidential and remain under seal,
`unless, upon motion of a party and after a hearing on the issue, or sua
`sponte, the Board determines that the documents or information do not
`to qualify for confidential treatment.
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`(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. The
`nonconfidential 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 unless, upon motion of a party and
`after a hearing on the issue, or sua sponte, the Board determines that
`some or all of the redacted information does not qualify for confidential
`treatment.
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`(B) Documents and Information Exchanged Among the Parties. Information
`designated as confidential that is disclosed to another party during discovery
`or other proceedings before the Board shall be clearly marked as
`‘‘PROTECTIVE ORDER MATERIAL’’ and shall be produced in a manner
`that maintains its confidentiality.
`
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`Standard Acknowledgement of Protective Order. The following form may be used
`to acknowledge this Protective Order and gain access to information covered by the
`Protective Order:
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`Case No. IPR2021-01338
`Patent No. 6,411,941
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________________
`
`NINTENDO CO., LTD., and NINTENDO OF AMERICA INC.,
`Petitioners,
`
`v.
`
`ANCORA TECHNOLOGIES, INC.,
`Patent Owner.
`__________
`
`Case IPR2021-01338
`U.S. Patent No. 6,411,941 B1
`
`____________________________________________________________
`
`
`Standard Acknowledgment for Access to Protective Order Material
`
`
`
`
` I
`
` ____, affirm that I have read the 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]
`
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`IPR2021-01338
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