UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________________________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________________________________________
`
`
`GARDNER DENVER, INC.
`Petitioner,
`
`v.
`
`UTEX INDUSTRIES, INC.
`Patent Owner
`____________________________________________
`
`Case IPR2020-00333
`Patent No. 10,428,949
`____________________________________________
`
`JOINT MOTION TO ENTER JOINTLY PROPOSED PROTECTIVE
`ORDER
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`1
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`____________________________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________________________________________
`
`
`GARDNER DENVER, INC.
`Petitioner,
`
`v.
`
`UTEX INDUSTRIES, INC.
`Patent Owner
`____________________________________________
`
`Case IPR2020-00333
`Patent No. 10,428,949
`____________________________________________
`
`JOINT MOTION TO ENTER JOINTLY PROPOSED PROTECTIVE
`ORDER
`
`
`
`1
`
`
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`
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`I.
`
`Background
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`The parties have conferred and have agreed that a protective order should be
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`entered to govern the disclosure of confidential information in this matter.
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`The parties hereby jointly submit and move for entry of an agreed upon
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`protective order to govern the disclosure of confidential information in this matter.
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`See Ex. A.
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`II.
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`Protective Order
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`The parties hereby jointly propose entry of the protective order filed as Exhibit
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`A, which is the Board’s default protective order captioned for this matter. See The
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`Office Trial Practice Guide, App’x B (Default Protective Order).
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`III. Conclusion
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`The parties respectfully request that the Board enter the proposed protective
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`order, filed as Exhibit A, which is agreed upon by the parties.
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`
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`Date: July 9, 2020
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`
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`
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`Respectfully submitted,
`
`/Helena D. Kiepura/
`Helena D. Kiepura (Reg. No. 64,441)
`helena.kiepura@kirkland.com
`KIRKLAND & ELLIS LLP
`1301 Pennsylvania Ave., N.W.
`Washington, D.C. 20004
`(202) 389-5000
`
`Benjamin J. Behrendt (Reg. No.
`71,417)
`
`2
`
`
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`
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`benjamin.behrendt@kirkland.com
`KIRKLAND & ELLIS LLP
`1301 Pennsylvania Ave., N.W.
`Washington, D.C. 20004
`(202) 389-5000
`
`Attorneys for Gardner Denver, Inc.
`
`
`/Paul Morico/
`Paul Morico
`Reg. No. 35,960
`Paul.morico@bakerbotts.com
`Baker Botts LLP
`910 Louisiana Street
`Houston, Texas 77002
`Telephone: 713.229.1732
`
`Natalie Alfaro Gonzales
`Reg. No. 68, 554
`Natalie.gonzales@bakerbotts.com
`Baker Botts LLP
`910 Louisiana Street
`Houston, Texas 77002
`Telephone: 713.229.1318
`Attorneys for Utex Industries, Inc.
`
`3
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`EXHIBIT A
`EXHIBIT A
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________________________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________________________________________
`
`
`GARDNER DENVER, INC.
`Petitioner,
`
`v.
`
`UTEX INDUSTRIES, INC.
`Patent Owner
`____________________________________________
`
`Case IPR2020-00333
`Patent No. 10,428,949
`____________________________________________
`
`PROTECTIVE ORDER
`
`
`
`
`
`Active 51190506.1
`
`1
`
`
`
`
`
`Protective Order
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`This protective order governs the treatment and filing of confidential information,
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`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
`
`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
`
`proceeding.
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`(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
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`for, or 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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`(E) Support Personnel. Administrative assistants, clerical staff, court reporters
`
`and other support personnel of the foregoing persons who are reasonably necessary
`
`Active 51190506.1
`
`2
`
`
`
`
`
`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.
`
`(F) The Office. Employees and representatives of the United States Patent and
`
`Trademark 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.
`
`3. Employees (e.g., corporate officers), 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 the burden of
`
`proving that such person should be restricted from access to confidential
`
`information.
`
`Active 51190506.1
`
`3
`
`
`
`
`
`4. Persons receiving confidential information shall use reasonable efforts to
`
`maintain the confidentiality of the information, including:
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`(A) Maintaining such information in a secure location to which persons
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`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
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`recipient uses to maintain the confidentiality of information not received from
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`the disclosing party;
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`(C) Ensuring that support personnel of the recipient who have access to
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`the 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
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`number of copies needed for conduct of the proceeding and maintaining a
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`record of the locations of such 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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`Active 51190506.1
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`4
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`
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`(i) A party may file documents or information with the Board along
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`with a Motion to Seal. The Motion to Seal should provide a non-confidential
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`description of the nature of the confidential information that is under seal, and
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`set forth the reasons why the information is confidential and should not be
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`made available to the public. A party may challenge the confidentiality of the
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`information by opposing the Motion to Seal. The submission shall be treated
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`as confidential and remain under seal, unless the Board determines that the
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`documents or information do not to qualify for confidential treatment. The
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`information shall remain under seal unless the Board determines that some or
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`all of 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
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`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
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`Seal the confidential version setting forth the reasons why the information
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`redacted from the non-confidential version is confidential and should not be
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`made available to the public. A party may challenge the confidentiality of the
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`information by opposing the Motion to Seal. The non-confidential version of
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`the submission shall clearly indicate the locations of information that has been
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`redacted. The confidential version of the submission shall be filed under seal.
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`The redacted information shall remain under seal unless the Board determines
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`Active 51190506.1
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`5
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`
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`that some or all of the redacted information does not qualify for confidential
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`treatment.
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`(B) Documents and Information Exchanged Among the Parties. Documents
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`(including deposition transcripts) and other information designated as confidential
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`that are disclosed to another party during discovery or other proceedings before the
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`Board shall be clearly marked as “PROTECTIVE ORDER MATERIAL” and shall
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`be produced in a manner that maintains its confidentiality.
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`6. Within 60 days after the final disposition of this action, including the exhaustion
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`of all appeals and motions, each party receiving confidential information must
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`return, or certify the destruction of, all copies of the confidential information to the
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`producing party.
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`(k) Standard Acknowledgement of Protective Order. The following form may be
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`used to acknowledge a protective order and gain access to information covered by
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`the protective order:
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`
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`
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`Active 51190506.1
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`6
`
`
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`
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________________________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________________________________________
`
`
`GARDNER DENVER, INC.
`Petitioner,
`
`v.
`
`UTEX INDUSTRIES, INC.
`Patent Owner
`____________________________________________
`
`Case IPR2020-00333
`Patent No. 10,428,949
`____________________________________________
`
`STANDARD ACKNOWLEDGEMENT FOR ACCESS TO PROTECTIVE
`ORDER MATERIAL
`
`
`
`
`
`Active 51190506.1
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`7
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`
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`I ________________, affirm that I have read the Protective Order; that I will abide
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`by its terms; that I will use the confidential information only in connection with this
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`proceeding and for no other purpose; that I will only allow access to support staff
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`who are reasonably necessary to assist me in this proceeding; that prior to any
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`disclosure to such support staff I informed or will inform them of the requirements
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`of the Protective Order; that I am personally responsible for the requirements of the
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`terms of the Protective Order and I agree to submit to the jurisdiction of the Office
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`and the United States District Court for the Eastern District of Virginia for purposes
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`of enforcing the terms of the Protective Order and providing remedies for its breach.
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`
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`By: _______________________
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`
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`Date:________________________
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`Active 51190506.1
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`
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`8
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`
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