STANDING PROTECTIVE ORDER
`
`This standing protective order governs the treatment and filing of
`confidential information, including documents and testimony.
`
`1. Confidential information shall be clearly marked "PROTECTIVE
`ORDER MATERIAL."
`
`2. Access to confidential information is limited to the following individuals
`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
`
`(cid:34)(cid:47)(cid:34)(cid:45)(cid:48)(cid:40)(cid:1)(cid:19)(cid:17)45
`(cid:57)(cid:42)(cid:45)(cid:42)(cid:47)(cid:57)(cid:1)(cid:87)(cid:15)(cid:1)(cid:34)(cid:47)(cid:34)(cid:45)(cid:48)(cid:40)
`(cid:42)(cid:49)(cid:51)(cid:19)(cid:17)(cid:19)(cid:17)(cid:14)(cid:17)(cid:18)(cid:19)(cid:18)(cid:26)
`
`
`
`This standing protective order governs the treatment and filing of
`confidential information, including documents and testimony.
`
`1. Confidential information shall be clearly marked "PROTECTIVE
`ORDER MATERIAL."
`
`2. Access to confidential information is limited to the following individuals
`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
`
`(cid:34)(cid:47)(cid:34)(cid:45)(cid:48)(cid:40)(cid:1)(cid:19)(cid:17)45
`(cid:57)(cid:42)(cid:45)(cid:42)(cid:47)(cid:57)(cid:1)(cid:87)(cid:15)(cid:1)(cid:34)(cid:47)(cid:34)(cid:45)(cid:48)(cid:40)
`(cid:42)(cid:49)(cid:51)(cid:19)(cid:17)(cid:19)(cid:17)(cid:14)(cid:17)(cid:18)(cid:19)(cid:18)(cid:26)
`
`
`
`the burden of proving that such person should be restricted from access to
`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 information, which efforts shall be no less rigorous than those the recipient
`uses to 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 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 nonconfidential 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 marked as “PROTECTIVE
`ORDER MATERIAL" and shall be produced in a manner that maintains its
`confidentiality.
`
`(j) Standard Acknowledgement of Protective Order. The following form may
`be used to acknowledge a protective order and gain across to information covered
`by the protective order:
`
`
`
`
`
`
`
`
`
`Standard Acknowledgement for Access to Protective Order Material
`
`I _________, affirm that I have read the Protective Order; that I will abide
`by its terms; that l 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 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.
`
`
`
`
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