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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`_______________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`_______________________
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`ACXIOM CORPORATION ET AL.
`Petitioner
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`v.
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`PHOENIX LICENSING, LLC
`Patent Owner
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`Case CBM2016-00085
`Patent 8,234,184
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`PETITIONER’S MOTION TO SEAL
`UNDER 37 CFR §§ 42.14 and 42.55
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`Case CBM2016-00085
`Attorney Docket No: 38784-0006CP2
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`Pursuant to 35 U.S.C. § 316 and 37 C.F.R. §§ 42.14 and 42.55, Acxiom
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`Corporation (“Acxiom”), TIAA-CREF Life Insurance Company (“TIAA-CREF”),
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`and Teachers Insurance and Annuity Association of America (“TIAA”) (collectively,
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`“Petitioner”) respectfully submit this Motion to Seal Exhibits ACXM-1952-58 and
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`ACXM-1960-61, which are being filed concurrent with the Petition and this Motion,
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`such that they are available to the Board and Parties only.
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`In support of this Motion, Petitioner states as follows:
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`1.
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`Exhibit ACXM-1952 is a true and correct copy of an agreement between
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`Acxiom and TIAA and its affiliated entities, including TIAA-CREF, as
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`redacted, that describes and governs confidential aspects of the
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`commercial relationships between Acxiom, TIAA, and TIAA-CREF.
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`2.
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`Exhibit ACXM-1953 is a true and correct copy of a confidential letter
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`sent by a representative of Acxiom Corporation’s customers, TIAA and
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`TIAA-CREF, to a representative of Acxiom. The letter relates to the
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`lawsuit for infringement of U.S. Patent No. 8,234,184 that was filed
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`against TIAA-CREF.
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`3.
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`Exhibits ACXM-1954-56 are true and correct copies of statements of
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`work, as redacted, that describe and govern confidential aspects of the
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`commercial relationships between Acxiom, TIAA, and TIAA-CREF.
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`Attorney Docket No: 38784-0006CP2
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`4.
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`Exhibit ACXM-1957 is a true and correct copy of a confidential letter
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`sent by a representative of Acxiom to a representative of Acxiom’s
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`customers TIAA and TIAA-CREF. The letter relates to the lawsuit for
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`infringement of U.S. Patent No. 8,234,184 that was filed against TIAA-
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`CREF.
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`5.
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`Exhibit ACXM-1958 is a declaration that describes confidential aspects
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`of the commercial relationships between Acxiom, TIAA-CREF, and
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`TIAA.
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`6.
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`Exhibit ACXM-1960 is a true and correct copy of a confidential letter
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`sent by a representative of Acxiom Corporation’s customers, TIAA and
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`TIAA-CREF, to a representative of Acxiom. The letter relates to the
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`lawsuit for infringement of U.S. Patent No. 8,234,184 that was filed
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`against TIAA-CREF.
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`7.
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`Exhibit ACXM-1961 is a declaration that describes confidential aspects
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`of the commercial relationships between Acxiom, TIAA-CREF, and
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`TIAA.
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`8.
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`Although certain portions of Exhibits ACXM-1952 and ACXM-1954-56
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`have been redacted, the unredacted portions are also confidential.
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`9.
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`The information included in Exhibits ACXM-1952-58, and ACXM-
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`1960-61 is of a truly sensitive nature, and is being offered for the sole
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`Case CBM2016-00085
`Attorney Docket No: 38784-0006CP2
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`purpose of assisting the Board with understanding Petitioner’s grounds
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`for standing.
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`For these reasons, Petitioner respectfully requests the Board grant this Motion
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`to Seal.
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`Pursuant to 37 CFR § 42.55(a), Petitioner proposes entry of the default
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`protective order found in Appendix B of the Trial Practice Guide.
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` Respectfully submitted,
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`/ Roberto J. Devoto /
`Roberto J. Devoto, Reg. No. 55,108
`Fish & Richardson P.C.
`3200 RBC Plaza
`60 South Sixth Street
`Minneapolis, MN 55402
`T: 202-783-5070
`F: 877-769-7945
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`Attorney for Petitioner
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`Dated:
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`6-8-16
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`Case CBM2016-00085
`Attorney Docket No: 38784-0006CP2
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`DEFAULT PROTECTIVE ORDER
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`The following Standing Protective Order will be automatically entered into the
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`proceeding upon the filing of a petition for review or institution of a derivation:
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`Standing Protective Order
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`This standing protective order governs the treatment and filing of confidential
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`information, including documents and testimony.
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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 who
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`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
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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) In-house counsel. In-house counsel of a party.
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`Attorney Docket No: 38784-0006CP2
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`(E) Other Employees of a Party. Employees, consultants or other persons
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`performing work for a party, other than in-house counsel and in-house
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`counsel’s support staff, who sign the Acknowledgement shall be
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`extended access to confidential information only upon agreement of the
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`parties or by order of the Board upon a motion brought by the party
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`seeking to disclose confidential information to that person. The party
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`opposing disclosure to that person shall have the burden of proving that
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`such person should be restricted from access to confidential information.
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`(F) The Office. Employees and representatives of the Office who have a
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`need for access to the confidential information shall have such access
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`without the requirement to sign an Acknowledgement. Such employees
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`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
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`persons acting on behalf of the Office.
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`(G) Support Personnel. Administrative assistants, clerical staff, court
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`reporters and other support personnel of the foregoing persons who are
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`reasonably necessary to assist those persons in the proceeding shall not
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`be required to sign an Acknowledgement, but shall be informed of the
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`terms and requirements of the Protective Order by the person they are
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`supporting who receives confidential information.
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`Attorney Docket No: 38784-0006CP2
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`3. 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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`(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
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`recipient uses to maintain the confidentiality of information not received
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`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
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`maintain the confidentiality of information received that is designated as
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`confidential; 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
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`of the locations of such copies.
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`4. 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
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`under seal, together with a non-confidential description of the
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`Case CBM2016-00085
`Attorney Docket No: 38784-0006CP2
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`nature of the confidential information that is under seal and
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`the reasons why the information is confidential and should
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`not be made available to the public. The submission shall be
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`treated as confidential and remain under seal, unless, upon
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`motion of a party and after a hearing on the issue, or sua
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`sponte, the Board determines that the documents or
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`information do not to qualify for confidential treatment.
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`(ii)
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` 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
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`file confidential and non-confidential versions of its
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`submission, together with a Motion to Seal the confidential
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`version setting forth the reasons why the information redacted
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`from the non-confidential version is confidential and should
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`not be made available to the public. The non-confidential
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`version of the submission shall clearly indicate the locations
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`of information that has been redacted. The confidential
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`version of the submission shall be filed under seal. The
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`redacted information shall remain under seal unless, upon
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`motion of a party and after a hearing on the issue, or sua
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`Attorney Docket No: 38784-0006CP2
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`sponte, 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 the Parties. Information
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`designated as confidential that is disclosed to another party during
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`discovery or other proceedings before the Board shall be clearly marked
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`as “PROTECTIVE ORDER MATERIAL” and shall be produced in a
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`manner that maintains its confidentiality.
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`5. (j) Standard Acknowledgement of Protective Order. The following form may
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`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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`Case CBM2016-00085
`Attorney Docket No: 38784-0006CP2
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`_______________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`_______________________
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`ACXIOM CORPORATION ET AL.
`Petitioner
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`v.
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`PHOENIX LICENSING, LLC
`Patent Owner
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`Case CBM2016-00085
`Patent 8,234,184
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`Standard Acknowledgment for Access to Protective Order Material
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`I __________________________________________, affirm that I have read the
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`Protective Order; that I will abide by its terms; that I will use the confidential
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`information only in connection with this proceeding and for no other purpose; that I
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`will only allow access to support staff who are reasonably necessary to assist me in
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`this proceeding; that prior to any disclosure to such support staff I informed or will
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`inform them of the requirements of the Protective Order; that I am personally
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`Case CBM2016-00085
`Attorney Docket No: 38784-0006CP2
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`responsible for the requirements of the terms of the Protective Order and I agree to
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`submit to the jurisdiction of the Office and the United States District Court for the
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`Eastern District of Virginia for purposes of enforcing the terms of the Protective
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`Order and providing remedies for its breach.
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`By
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`Date:
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`Case CBM2016-00085
`Attorney Docket No: 38784-0006CP2
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 C.F.R. §§ 42.6(e)(4)(i) et seq. and 42.105(b), the undersigned
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`certifies that on June 8, 2016, a complete and entire copy of this Motion to Seal was
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`provided by electronic service to the Patent Owner by serving the correspondence
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`address of record as follows:
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`Shawn Diedtrick
`Prudens Law LLC
`P.O. Box 250006
`PMB 27644
`Phoenix AZ 85002
`shawn@prudenslaw.com
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`/Jessica K. Detko/
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`Jessica K. Detko
`Fish & Richardson P.C.
`3200 RBC Plaza, 60 South Sixth Street
`Minneapolis, MN 55402
`(612) 337-2516
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