UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________
`
`GARMIN INTERNATIONAL, INC. ET AL.
`
`Petitioner
`
`v.
`
`Patent of CUOZZO SPEED TECHNOLOGIES LLC
`
`Patent Owner
`
`____________
`
`Case IPR2012-00001
`Patent 6,778,074
`____________
`
`
`
`PROTECTIVE ORDER
`
`
`
`Finding good cause exists to enter a Protective Order governing the
`
`disclosure and treatment of confidential information produced in this inter partes
`
`review, it is ordered:
`
`
`
`1. Confidential information shall be clearly marked ‘‘PROTECTIVE ORDER
`
`MATERIAL.’’
`
`
`
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________
`
`GARMIN INTERNATIONAL, INC. ET AL.
`
`Petitioner
`
`v.
`
`Patent of CUOZZO SPEED TECHNOLOGIES LLC
`
`Patent Owner
`
`____________
`
`Case IPR2012-00001
`Patent 6,778,074
`____________
`
`
`
`PROTECTIVE ORDER
`
`
`
`Finding good cause exists to enter a Protective Order governing the
`
`disclosure and treatment of confidential information produced in this inter partes
`
`review, it is ordered:
`
`
`
`1. Confidential information shall be clearly marked ‘‘PROTECTIVE ORDER
`
`MATERIAL.’’
`
`
`
`Case No.: IPR2012-00001
`Patent No: 6,778,074
`
`
`2. Access to confidential information is limited to the following individuals
`
`Attorney’s Docket No.: CUO0001-RE
`Page 2
`
`
`
`
`who have executed the acknowledgment appended to this order:
`
`(A) Parties. Persons who are owners of a patent involved in the proceeding
`
`and other persons who are named parties to the proceeding.
`
`(B) Party Representatives. Representatives of record for a party in the
`
`proceeding.
`
`(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.
`
`(D) In-house counsel. In-house counsel of a party.
`
`(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 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
`
`
`
`Case No.: IPR2012-00001
`Patent No: 6,778,074
`
`
`the burden of proving that such person should be restricted from access to
`
`Attorney’s Docket No.: CUO0001-RE
`Page 3
`
`
`
`
`confidential information.
`
`(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.
`
`3.
`
`Persons receiving confidential information shall use reasonable efforts to
`
`maintain the confidentiality of the information, including:
`
`(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
`
`
`
`Case No.: IPR2012-00001
`Patent No: 6,778,074
`
`
`information, which efforts shall be no less rigorous than those the recipient uses to
`
`Attorney’s Docket No.: CUO0001-RE
`Page 4
`
`
`
`
`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
`
`(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.
`
`4.
`
`Persons receiving confidential
`
`information shall use
`
`the following
`
`procedures to maintain the confidentiality of the information:
`
`(A) Documents and Information Filed With the Board.
`
`(i) A party may file documents or information with the Board 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
`
`
`
`Case No.: IPR2012-00001
`Patent No: 6,778,074
`
`
`
`
`
`
`Attorney’s Docket No.: CUO0001-RE
`Page 5
`
`sponte, the Board determines that the documents or information do not to
`
`qualify for confidential treatment.
`
`(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 non-confidential 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.
`
`(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
`
`
`
`Case No.: IPR2012-00001
`Patent No: 6,778,074
`
`
`
`
`
`
`Attorney’s Docket No.: CUO0001-RE
`Page 6
`
`marked as ‘‘PROTECTIVE ORDER MATERIAL’’ and shall be produced in
`
`a manner that maintains its confidentiality.
`
`
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________
`
`GARMIN INTERNATIONAL, INC. ET AL.
`
`Petitioner
`
`v.
`
`Patent of CUOZZO SPEED TECHNOLOGIES LLC
`
`Patent Owner
`
`____________
`
`Case IPR2012-00001
`Patent 6,778,074
`
`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
`
`
`
`Case No.: IPR2012-00001 Acknowledgment for Access to Protective Order Material
`Patent No: 6,778,074
`
`Page 2
`
`
`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.
`
`
`
`____________________________________
`
`By _________________________________
`
`Date: _______________________________
`
`
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