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`Case IPR2014-00403
`U.S. Patent No. 7,987,274
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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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`MICROSOFT CORPORATION and APPLE INC.
`Petitioners
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`v.
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`VIRNETX INC.
`Patent Owner
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`Case IPR2014-004031
`Patent 7,987,274
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`STANDING PROTECTIVE ORDER
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`Case IPR2014-00483 has been joined with this case.
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`Page 1 of 11
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`VIRNETX EXHIBIT 2045
`Microsoft and Apple v. VirnetX
`Trial IPR2014-00403
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`Case IPR2014-00403
`U.S. Patent No. 7,987,274
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`This standing protective order governs the treatment and filing of
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`confidential information, including documents and testimony.
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`1. Confidential information shall be clearly marked ‘‘PROTECTIVE
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`ORDER 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
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`proceeding and other persons who are named parties to the proceeding.
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`(B) Party Representatives. Representatives of record for a party in
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`the proceeding.
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`(C) Other Employees of a Party. Employees, consultants, or other
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`persons 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 extended access
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`to confidential information only upon agreement of the parties or by order of the
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`Board upon a motion brought by the party seeking to disclose confidential
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`information to that person. The party opposing disclosure to that person shall have
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`the burden of proving that such person should be restricted from access to
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`confidential information.
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`Page 2 of 11
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`Case IPR2014-00403
`U.S. Patent No. 7,987,274
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`(D) The Office. Employees and representatives of the Office who
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`have a need for access to the confidential information shall have such access
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`without the requirement to sign an Acknowledgement. Such employees and
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`representatives shall include the Director, members of the Board and their clerical
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`staff, other support personnel, court reporters, and other persons acting on behalf of
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`the Office.
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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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`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
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`persons not authorized to receive the information shall not have access;
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`(B) Otherwise using reasonable efforts to maintain the confidentiality
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`of the information, which efforts shall be no less rigorous than those the recipient
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`Page 3 of 11
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`Case IPR2014-00403
`U.S. Patent No. 7,987,274
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`uses to maintain the confidentiality of information not received from the disclosing
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`party;
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`(C) Ensuring that support personnel of the recipient who have access
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`to the confidential information understand and abide by the obligation to maintain
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`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
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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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`4. 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
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`under seal, together with a non-confidential description of the nature of the
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`confidential information that is under seal and the reasons why the information is
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`confidential and should not be made available to the public. The submission shall
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`be treated as confidential and remain under seal, unless, upon motion of a party
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`and after a hearing on the issue, or sua sponte, the Board determines that the
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`documents or information do not to qualify for confidential treatment.
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`Case IPR2014-00403
`U.S. Patent No. 7,987,274
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`(ii) Where confidentiality is alleged as to some but not all of
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`the information submitted to the Board, the submitting party shall file confidential
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`and non-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
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`the non-confidential version is confidential and should not be made available to the
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`public. The nonconfidential version of the submission shall clearly indicate the
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`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, upon motion of a party and after a hearing on the issue, or sua sponte,
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`the Board determines that some or all of the redacted information does not qualify
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`for confidential treatment.
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`(B) Documents and Information Exchanged Among the Parties.
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`Information 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 as
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`‘‘PROTECTIVE ORDER MATERIAL’’ and shall be produced in a manner that
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`maintains its confidentiality.
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`Page 5 of 11
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`Case IPR2014-00403
`U.S. Patent No. 7,987,274
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`Addendum
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`This Addendum governs the treatment and filing of Exhibit 2044.
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`1.
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`Exhibit 2044 shall be clearly marked ‘‘PROTECTIVE ORDER
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`MATERIAL – OUTSIDE ATTORNEY EYES ONLY.’’
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`2. Access to Exhibit 2044 is limited to the following individuals who have
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`executed the acknowledgment appended to this order:
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`(A) Outside Attorneys. Representatives of record for a party in the
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`proceeding.
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`(B) The Office. Employees and representatives of the Office who
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`have a need for access to Exhibit 2044 shall have such access without the
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`requirement to sign an Acknowledgement. Such employees and representatives
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`shall include the Director, members of the Board and their clerical staff, other
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`support personnel, court reporters, and other persons acting on behalf of the Office.
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`(C) 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 Exhibit 2044.
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`1
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`Page 6 of 11
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`Case IPR2014-00403
`U.S. Patent No. 7,987,274
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`3. Persons receiving Exhibit 2044 shall use reasonable efforts to maintain
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`the confidentiality of the information, including:
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`(A) Maintaining Exhibit 2044 in a secure location to which persons
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`not authorized to receive Exhibit 2044 shall not have access;
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`(B) Otherwise using reasonable efforts to maintain the confidentiality
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`of Exhibit 2044, 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 disclosing
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`party;
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`(C) Ensuring that support personnel of the recipient who have access
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`to Exhibit 2044 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 Exhibit 2044 to a reasonable number of
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`copies needed for conduct of the proceeding and maintaining a record of the
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`locations of such copies.
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`4. Persons receiving Exhibit 2044 shall use the following procedures to
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`maintain the confidentiality of the information:
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`(A) Filing Exhibit 2044 With the Board. A party may file Exhibit
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`2044 with the Board under seal, together with a non-confidential description of the
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`nature of the confidential information that is under seal and the reasons why the
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`Page 7 of 11
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`Case IPR2014-00403
`U.S. Patent No. 7,987,274
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`information is confidential and should not be made available to the public. The
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`submission shall be 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 sponte, the Board
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`determines that Exhibit 2044 does not qualify for confidential treatment.
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`(B) Exhibit 2044 Exchanged Among the Parties. Exhibit 2044 shall
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`be clearly marked as ‘‘PROTECTIVE ORDER MATERIAL – OUTSIDE
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`ATTORNEY EYES ONLY’’ and shall be produced in a manner that maintains its
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`confidentiality.
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`Page 8 of 11
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`Case IPR2014-00403
`U.S. Patent No. 7,987,274
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`Standard Acknowledgement of Protective Order. The following form is to
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`be used to acknowledge a protective order and gain access to information covered
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`by the protective order:
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`4
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`Page 9 of 11
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`Case IPR2014-00403
`U.S. Patent No. 7,987,274
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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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`
`
`
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`
`
`MICROSOFT CORPORATION and APPLE INC.
`Petitioners
`
`v.
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`VIRNETX INC.
`Patent Owner
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`
`
`
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`Case IPR2014-004031
`Patent 7,987,274
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`ACKNOWLEDGMENT FOR ACCESS
`TO PROTECTIVE ORDER MATERIAL
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`1
`Case IPR2014-00483 has been joined with this case.
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`Page 10 of 11
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`Case IPR2014-00403
`U.S. Patent No. 7,987,274
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`Acknowledgement for Access to Protective Order Material
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`I _____________, affirm that I have read the Protective Order; that I will
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`abide by its terms; that I will use the confidential information only in connection
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`with this proceeding and for no other purpose; that I will only allow access to
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`support staff who are reasonably necessary to assist me in this proceeding; that
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`prior to any disclosure to such support staff I informed or will inform them of the
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`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
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`District of Virginia for purposes of enforcing the terms of the Protective Order and
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`providing remedies for its breach.
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`Executed by:
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`____________________________
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`Date: _________
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`Page 11 of 11
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