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`Case IPR2023-00804
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`Patent 10,976,016
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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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`________________
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`ENSIGN US SOUTHERN DRILLING LLC
`Petitioner
`v.
`C&M OILFIELD RENTALS, LLC
`D/B/A C-MOR ENERGY SERVICES
`Patent Owner of Record
`
`________________________
`Case No. IPR2023-00804
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`Patent No. 10,976,016
`_______________________________
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`DEFAULT PROTECTIVE ORDER
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`DMS 305117184v1
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`Petitioner Ensign
`EX1056, IPR2023-00804
`Page 1 of 8
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`Case IPR2023-00804
`Patent 10,976,016
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`DEFAULT PROTECTIVE ORDER
`The following Default Protective Order will govern the filing and treatment of
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`confidential information in the proceeding:
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`Default Protective Order
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`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 ORDER
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`MATERIAL.”
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`2.
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`Access to confidential information is limited to the following individuals who
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`have executed the acknowledgment appended to this order:
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`(A)
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`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)
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`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
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`certify in the attached Acknowledgement that they are not a competitor to any party,
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`or a 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)
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`In-house counsel. In-house counsel of a party.
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`DMS 305117184v1
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`Petitioner Ensign
`EX1056, IPR2023-00804
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`Patent 10,976,016
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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 reasonably
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`necessary to assist those persons in the proceeding shall not be required to sign an
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`Acknowledgement, but shall be informed of the terms and requirements of the
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`Protective Order by the person they are supporting who receives confidential
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`information.
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`(F) The Office. Employees and representatives of the United States Patent
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`and 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. Such
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`employees and representatives shall include the Director, members of the Board and
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`their clerical staff, other support personnel, court reporters, and other persons acting
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`on behalf of the Office.
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`3.
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`Employees (e.g., corporate officers), consultants, or other persons performing
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`work for a party, other than those persons identified above in (d)(2)(A)–(E), shall be
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`extended access to confidential information only upon agreement of the parties or
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`by order of the Board upon a motion brought by the party seeking to disclose
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`confidential information to that person and after signing the Acknowledgment. The
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`party opposing disclosure to that person shall have the burden of proving that such
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`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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`DMS 305117184v1
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`Petitioner Ensign
`EX1056, IPR2023-00804
`Page 3 of 8
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`maintain the confidentiality of the information, including:
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`Case IPR2023-00804
`Patent 10,976,016
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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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`(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 uses to
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`maintain the confidentiality of information not received from the 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 the
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`confidentiality of information received that is 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 a record of
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`the locations of such copies.
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`5.
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`Persons receiving confidential information shall use the following procedures
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`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 with a
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`Motion to Seal. The Motion to Seal should provide a non-confidential description
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`of the nature of the 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 available to the
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`public. A party may challenge the confidentiality of the information by opposing the
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`DMS 305117184v1
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`Petitioner Ensign
`EX1056, IPR2023-00804
`Page 4 of 8
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`Case IPR2023-00804
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`Patent 10,976,016
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`Motion to Seal. The documents or information shall remain under seal unless the
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`Board determines that 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 information
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`submitted to the Board, the submitting party shall file confidential and non-
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`confidential versions of its submission, together with a Motion to Seal the
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`confidential version setting forth the reasons why the information redacted from the
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`non-confidential 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 by opposing the
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`Motion to Seal. The non-confidential version of the submission shall clearly indicate
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`the locations of information that has been redacted. The confidential version of the
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`submission shall be filed under seal. The redacted information shall remain under
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`seal unless the Board determines that some or all of the redacted information does
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`not qualify for confidential treatment.
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`(B) Documents and Information Exchanged Among the Parties.
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`Documents (including deposition
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`transcripts) and other
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`information
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`designated as confidential that are disclosed to another party during discovery or
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`other 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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`DMS 305117184v1
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`Petitioner Ensign
`EX1056, IPR2023-00804
`Page 5 of 8
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`Case IPR2023-00804
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`Patent 10,976,016
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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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`Dated: December 28, 2023
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`DMS 305117184v1
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`/Gregory L. Porter/
`Gregory L. Porter, Reg. No. 40,131
`gregporter@andrewskurth.com
`Hunton Andrews Kurth LLP
`600 Travis Ste. 4200
`Houston, TX 77002
`Telephone: 713-449-9687
`Facsimile: 713-220-4285
`Attorneys for Petitioner
`Ensign US Southern
`Drilling LLC
`
`
`/ Dion M. Bregman /
`Dion M. Bregman, Reg. No. 45,645
`MORGAN, LEWIS & BOCKIUS LLP
`1400 Page Mill Road
`Palo Alto, CA 94304-1124
`T: 650-843-7519
`F: 650-843-4001
`Attorneys for Patent Owner
`C&M Oilfield Rentals, LLC
`d/b/a C-Mor Energy Services
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`Petitioner Ensign
`EX1056, IPR2023-00804
`Page 6 of 8
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`Case IPR2023-00804
`Patent 10,976,016
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`________________
`
`ENSIGN US SOUTHERN DRILLING LLC
`Petitioner
`v.
`C&M OILFIELD RENTALS, LLC
`D/B/A C-MOR ENERGY SERVICES
`Patent Owner of Record
`
`________________________
`Case No. IPR2023-00804
`
`Patent No. 10,976,016
`_______________________________
`
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`Standard Acknowledgment for Access to Protective Order Material
`I
`, affirm that I
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`have read the Protective Order; that I will abide by its terms; that I will use the
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`confidential information only in connection with this proceeding and for no other
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`purpose; that I will only allow access to support staff who are reasonably necessary
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`to assist me in this proceeding; that prior to any disclosure to such support staff I
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`DMS 305117184v1
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`Petitioner Ensign
`EX1056, IPR2023-00804
`Page 7 of 8
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`Case IPR2023-00804
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`Patent 10,976,016
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`informed or will inform them of the requirements of the Protective Order; that I am
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`personally responsible for the requirements of the terms of the Protective Order and
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`I agree to submit to the jurisdiction of the Office and the United States District Court
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`for the Southern District of Texas 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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`____________________________
`Printed Name
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`DMS 305117184v1
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`Petitioner Ensign
`EX1056, IPR2023-00804
`Page 8 of 8
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