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`IPR2020-00712 (Patent No. 8,738,148)
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`AXONICS, INC.,
`Petitioner,
`
`v.
`
`MEDTRONIC, INC.,
`Patent Owner.
`
`
`Case IPR2020-00712
`Patent No. 8,738,148
`
`
`
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`[PROPOSED] PROTECTIVE ORDER
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`Axonics Exhibit 1016
`Axonics, Inc. v. Medtronic, Inc.
`IPR2020-00712
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`Page 1 of 8
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`IPR2020-00712 (Patent No. 8,738,148)
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`Default[Proposed] Protective Order
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`This 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
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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 proceeding
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`and other persons who are named parties to the proceeding.
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`(B) Party Representatives. RepresentativesOutside Counsel. Outside counsel
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`of record for a party in the proceeding.
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`(CB) Experts. Retained experts of a party in the proceeding who further certify
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`in the Acknowledgement that they are not a competitor to any party, or a
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`consultant for, or employed by, such a competitor with respect to the subject
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`matter of the proceeding.
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`(D) In-house counsel. In-house counsel of a party.
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`(E(C) Two Designated In-house counsel. Two designated in-house counsel of
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`a party who have executed Exhibit A of the Protective Order entered in the
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`related district court litigation (Medtronic, Inc., et al., v. Axonics Modulation
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`Technologies, Inc., Case No. 8:19-cv-02115-DOC-JDE, Dkt. 44) to agree to
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`Page 2 of 8
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`IPR2020-00712 (Patent No. 8,738,148)
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`be bound by such Protective Order and who meet the requirements of Section
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`7.3(b) of that Protective Order.
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`(D) Support Personnel. Administrative assistants, clerical staff, court reporters
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`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
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`an Acknowledgement, but shall be informed of the terms and requirements of
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`the Protective Order by the person they are supporting who receives
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`confidential information.
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`(FE) The Office. Employees and representatives of the United States Patent
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`and Trademark Office who have a need for access to the confidential
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`information shall have such access without the requirement to sign an
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`Acknowledgement. Such employees and representatives shall include the
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`Director, members of the Board and their clerical staff, other support
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`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
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`performing work for a party, other than those persons identified above in (d)(2)(A)–
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`(E), shall be 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 seeking to
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`disclose confidential
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`information
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`to
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`that person and after signing
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`the
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`Acknowledgment. The party opposing disclosure to that person shall have the burden
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`Page 3 of 8
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`IPR2020-00712 (Patent No. 8,738,148)
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`of proving that such person should be restricted from access to confidential
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`information.
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`4. 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 recipient
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`uses to maintain the confidentiality of information not received from the
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`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 maintain
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`the confidentiality of information received that is designated as confidential;
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`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 of
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`the locations of such copies.
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`54. 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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`Page 4 of 8
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`IPR2020-00712 (Patent No. 8,738,148)
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`(i) A party may file documents or information with the Board along with a
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`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 documents or information
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`shall remain under seal unless the Board determines that some or all of it does
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`not qualify for confidential treatment.
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`(ii) Where confidentiality is alleged as to some but not all of the information
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`submitted to the Board, the submitting party shall file confidential and non-
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`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
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`from the non-confidential version is confidential and should not be made
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`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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`that some or all of the redacted information does not qualify for confidential
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`treatment.
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`Page 5 of 8
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`IPR2020-00712 (Patent No. 8,738,148)
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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
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`confidential that are disclosed to another party during discovery or other
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`proceedings before the Board shall be clearly marked as “PROTECTIVE
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`ORDER MATERIAL” and shall be produced in a manner that maintains its
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`confidentiality.
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`65. Within 60 days after the final disposition of this action, including the
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`exhaustion of all appeals and motions, each party receiving confidential information
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`must return, or certify the destruction of, all copies of the confidential information
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`to the producing party.
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`(k) Standard6. Acknowledgement of Protective Order. The following
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`form maymust be used to acknowledge athe protective order and gain access
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`to information covered by the protective order:
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`Page 6 of 8
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`IPR2020-00712 (Patent No. 8,738,148)
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`AXONICS, INC.,
`Petitioner,
`
`v.
`
`MEDTRONIC, INC.,
`Patent Owner.
`
`
`Case IPR2020-00712
`Patent No. 8,738,148
`
`
`
`
`STANDARD ACKNOWLEDGMENT FOR ACCESS TO PROTECTIVE
`ORDER MATERIAL
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`Page 7 of 8
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`IPR2020-00712 (Patent No. 8,738,148)
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`Standard Acknowledgment for Access to Protective Order Material
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`I __________________________________________, affirm that I have read
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`the Protective Order filed in IPR2020-00712; that I will abide by its terms; that I will
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`use the confidential information only in connection with this proceeding and for no
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`other 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 support
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`staff I informed or will inform them of the requirements of the Protective Order; that
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`I am personally responsible for the requirements of the terms of the Protective Order
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`and I agree to submit to the jurisdiction of the Office and the United States District
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`Court for the Eastern District of Virginia for purposes of enforcing the terms of the
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`Protective Order and providing remedies for its breach.
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`
`Signature
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`
`Date
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` 1
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`Page 8 of 8
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