DEFAULT PROTECTIVE ORDER
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`The following Default Protective Order will govern the filing and treatment of confidential
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`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 information, including
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`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 have
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`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
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`persons who are named parties to the proceeding.
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`(B) Party Representatives. 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
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`Acknowledgement that they are not a competitor to any party, or a consultant for, or
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`employed by, such a competitor with 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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`1
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`RED.COM Ex. 2025, Page 1 of 6
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`RED.COM Ex. 2025
`Apple v. RED.COM
`IPR2019-01065
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`The following Default Protective Order will govern the filing and treatment of confidential
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`information in the proceeding:
`
`Default Protective Order
`
`This protective order governs the treatment and filing of confidential information, including
`
`documents and testimony.
`
`1. Confidential information shall be clearly marked “PROTECTIVE ORDER
`
`MATERIAL.”
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`
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`2. Access to confidential information is limited to the following individuals who have
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`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
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`persons who are named parties to the proceeding.
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`(B) Party Representatives. 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
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`Acknowledgement that they are not a competitor to any party, or a consultant for, or
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`employed by, such a competitor with 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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`1
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`RED.COM Ex. 2025, Page 1 of 6
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`RED.COM Ex. 2025
`Apple v. RED.COM
`IPR2019-01065
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`(E) Support Personnel. Administrative assistants, clerical staff, court reporters and other
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`support personnel of the foregoing persons who are reasonably necessary to assist those
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`persons in the proceeding shall not be required to sign an Acknowledgement, but shall be
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`informed of the 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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`(F) The Office. Employees and representatives of the United States Patent and
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`Trademark Office who have a need for access to the confidential information shall have
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`such access 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 staff,
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`other support personnel, court reporters, and other persons acting on behalf of the Office.
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`3. Employees (e.g., corporate officers), consultants, or other persons performing work
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`for a party, other than in-house counsel and in-house counsel’s support staff, who sign the
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`Acknowledgement shall be extended access to confidential information only upon agreement of
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`the parties or by order of the Board upon a motion brought by the party seeking to disclose
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`confidential 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 confidential
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`information.
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`2
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`RED.COM Ex. 2025, Page 2 of 6
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`4. Persons receiving confidential information shall use reasonable efforts to maintain the
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`confidentiality of the information, including:
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`(A) Maintaining such information in a secure location to which persons not authorized to
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`receive the information shall not have access;
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`(B) Otherwise using reasonable efforts to maintain the confidentiality of the information,
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`which efforts shall be no less rigorous than those the recipient uses to maintain the
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`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 confidential
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`information understand and abide by the obligation to maintain the confidentiality of
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`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
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`needed for conduct of the proceeding and maintaining a record of the locations of such
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`copies.
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`5. Persons receiving confidential information shall use the following procedures to
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`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 Motion to
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`Seal. The Motion to Seal should provide a non-confidential description of the nature of
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`the confidential information that is under seal, and set forth the reasons why the
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`information is confidential and should not be made available to the public. A party may
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`3
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`RED.COM Ex. 2025, Page 3 of 6
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`challenge the confidentiality of the information by opposing the Motion to Seal. The
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`submission shall be treated as confidential and remain under seal, unless the Board
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`determines that the documents or information do not to qualify for confidential treatment.
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`The information shall remain under seal unless the Board determines that some or all of
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`the information does not qualify for confidential treatment.
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`(ii) Where confidentiality is alleged as to some but not all of the information submitted to
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`the Board, the submitting party shall file confidential and non-confidential versions of its
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`submission, together with a Motion to Seal the confidential version setting forth the
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`reasons why the information redacted from the non-confidential version is confidential
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`and should not be made available to the public. A party may challenge the confidentiality
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`of the information by opposing the Motion to Seal. The non-confidential version of the
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`submission shall clearly indicate the locations of information that has been redacted. The
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`confidential version of the submission shall be filed under seal. The redacted information
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`shall remain under seal unless 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. Documents (including
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`deposition transcripts) and other information designated as confidential that are disclosed
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`to another party during discovery or other proceedings before the Board shall be clearly
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`marked as “PROTECTIVE ORDER MATERIAL” and shall be produced in a manner
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`4
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`RED.COM Ex. 2025, Page 4 of 6
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`that maintains its confidentiality.
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`6. Within 60 days after the final disposition of this action, including the exhaustion of all
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`appeals and motions, each party receiving confidential information must return, or cerify the
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`destruction of, all copies of the confidential information to the producing party.
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`(k) Standard Acknowledgement of Protective Order. The following form may be used to
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`acknowledge a protective order and gain access to information covered by the protective order:
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`[CAPTION]
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`Standard Acknowledgment for Access to Protective Order Material
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`I __________________________________________, affirm that I have
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`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
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`necessary to assist me in this proceeding; that prior to any disclosure to such
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`support staff I informed or will inform them of the requirements of the Protective
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`Order; that I am personally responsible for the requirements of the terms of the
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`Protective Order and I agree to submit to the jurisdiction of the Office and the
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`5
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`RED.COM Ex. 2025, Page 5 of 6
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`United States District Court for the Eastern District of Virginia for purposes of
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`enforcing the terms of the Protective Order and providing remedies for its breach.
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`[Signature]
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`6
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`RED.COM Ex. 2025, Page 6 of 6
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