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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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`
`
`
`SLAYBACK PHARMA LLC,
`
`Petitioner,
`
`v.
`
`EYE THERAPIES, LLC,
`
`Patent Owner.
`
`__________________
`
`Case IPR2022-00142
`U.S. Patent No. 8,293,742
`__________________
`
`PATENT OWNER’S MOTION TO SEAL AND
`ENTER STIPULATED PROPOSED PROTECTIVE ORDER
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`I.
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`Introduction
`Patent Owner Eye Therapies, LLC (“Eye Therapies”) requests that the
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`confidential versions of the Patent Owner Response, declaration Exhibits 2020-2021
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`and 2023-2024, and documentary Exhibits 2028, 2052, 2057, 2058, 2156, 2166-
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`2168, 2195, and 2196 be sealed under 37 C.F.R. § 42.54. Good cause to seal these
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`documents exists because public versions of the Patent Owner’s Response,
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`declaration Exhibits 2020-2021 and 2023-2024, and Exhibits 2028, 2052, 2057,
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`2058, 2156, 2166-2168, 2195, and 2196 have also been filed, and the redacted
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`information in these exhibits, is sensitive, non-public excerpts of Bausch & Lomb,
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`Inc.’s (“Bausch & Lomb”) New Drug Application (“NDA”), and sensitive business
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`and financial information. Petitioner does not oppose the motion to seal or the entry
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`of the proposed protective order.
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`II. Governing Rules and PTAB Guidance
`Under 35 U.S.C. § 316(a)(1), the default rule is that all papers filed in an inter
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`partes review are open and available for access by the public, but a party may file a
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`concurrent motion to seal and the information at issue is sealed pending the outcome
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`of the motion.
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`Similarly, 37 C.F.R. § 42.14 provides:
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`The record of a proceeding, including documents and things,
`shall be made available to the public, except as otherwise
`ordered. A party intending a document or thing to be sealed
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`2
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`
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`shall file a motion to seal concurrent with the filing of the
`document or thing to be sealed. The document or thing shall be
`provisionally sealed on receipt of the motion and remain so
`pending the outcome of the decision on the motion.
`It is, however, only “confidential information” that is protected from disclosure. 35
`
`U.S.C. § 316(a)(7) (“The Director shall prescribe regulations -- . . . providing for
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`protective orders governing the exchange and submission of confidential
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`information”). In that regard, the Office Trial Practice Guide, 77 Fed. Reg. 48756,
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`48760 (Aug. 14, 2012) provides:
`
`The rules aim to strike a balance between the public’s interest
`in maintaining a complete and understandable file history and
`the parties’ interest in protecting truly sensitive information.
`* * *
`Confidential Information: The rules identify confidential
`information in a manner consistent with Federal Rule of Civil
`Procedure 26(c)(1)(G), which provides for protective orders for
`trade secret or other confidential research, development, or
`commercial information. § 42.54.
`
`Identification of Confidential Information
`The confidential information falls into three categories.
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`III.
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`The first category consists of non-public excerpts of Bausch & Lomb’s NDA.
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`This information is contained in the following documents:
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`• Patent Owner’s Response, pages 43, 63-65
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`3
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`
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`• Exhibit 2020 (Declaration of Robert J. Noecker), ¶¶ 149, 172, 190,
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`198, 245, 275, 287-301, 304, 305, 309, 312
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`• Exhibit 2021 (Declaration of Robert O. Williams, III, Ph.D.), ¶ 43
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`• Documentary Exhibits 2028, 2166-2168, 2195, 21961
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`
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`The second category consists of Bausch & Lomb’s sensitive business and
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`financial information. This information is contained in the following documents:
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`• Patent Owner’s Response, page 70
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`• Exhibit 2023 (Declaration of John Ferris), ¶¶ 4, fn. 1, 10, 14-17, fn. 2,
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`20-25, 28-31
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`• Exhibit 2024 (Declaration of John Jarosz), ¶¶ 26, fn. 2, 59, 62-63, 70,
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`71, 73-80, 87-89, fn. 12, 91, 94, 96-98, 121, 122, 132, 134, Appendices
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`3-27
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`• Documentary Exhibits 2052, 2057, 2058, 2156
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`1 In the related district court proceeding, Patent Owner designated these documents
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`“COUNSEL’S EYES ONLY – SUBJECT TO DISCOVERY CONFIDENTIALITY
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`ORDER.” Patent Owner is providing an unstamped version of the documents in this
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`proceeding for legibility purposes.
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`4
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`
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`IV. Good Cause Exists for Sealing the Confidential Information
`The Board’s rules identify confidential information in a manner consistent
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`with Federal Rule of Civil Procedure 26(c)(1)(G), which provides for protective
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`orders for trade secret or other confidential research, development, or commercial
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`information. Office Patent Trial Practice Guide, 77 Fed. Reg. 48,756, 48,760 (Aug.
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`14, 2012). Accordingly, the Board has recognized that New Drug Applications
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`(“NDA”) and Abbreviated New Drug Applications (“ANDA”) contain confidential
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`commercial information that should be protected from public disclosure. See Sandoz,
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`Inc. v. EKR Therapeutics, LLC, IPR2015-00005, paper 21. In sum, here, the public’s
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`interest in the instant proceeding does not outweigh the parties’ interest in protecting
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`their sensitive business information.
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`The first category of information that Patent Owner seeks to seal is
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`information contained in Bausch & Lomb’s NDA, which was filed confidentially
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`with the Food and Drug Administration (“FDA”) in order to obtain FDA approval
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`to market its innovative pharmaceutical product. Patent Owner thus requests that the
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`portions of the Patent Owner’s Response, pages 43, 63-65, and the declaration
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`Exhibits 2020 (¶¶ 149, 172, 190, 198, 245, 275, 287-301, 304, 305, 309, 312) and
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`2021 (¶ 43) that cite or substantially describe the NDA exhibits be sealed in their
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`entirety as “PROTECTIVE ORDER MATERIAL” for the duration of this
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`proceeding. Similarly, Patent Owner requests that documentary Exhibits 2028,
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`5
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`
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`2166-2168, 2195, 2196 be sealed in their entirety because they are excerpts of the
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`NDA, the entirety of which is confidential, and redaction would not be practical.
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`The second category of information that Patent Owner seeks to seal is
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`confidential and sensitive competitive market analysis, business strategy, and
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`financial information of Bausch & Lomb relating to Lumify®—a commercial
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`embodiment of the patented invention. See, e.g. Tandus Flooring, Inc. v. Interface,
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`Inc., IPR2013-00333, Paper 60. Here, the competitive market analysis, business
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`strategy, and financial information relating to Lumify® contained in the Patent
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`Owner’s Response, page 70, and the declaration Exhibits 2023 (¶¶ 4, fn. 1, 10, 14-
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`17, 20-24, 25, 28-31) and 2024 (¶¶ 26, fn. 2, 59, 62-63, 70, 71, 73-80, 87-89, 91, 94,
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`96-98, 121, 122, 132, 134), and documentary Exhibits 2052, 2057, 2058, 2156 are
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`internal documents that would be harmful if made public. Good cause exists to seal
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`and keep this information confidential because it includes details about Bausch &
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`Lomb’s sensitive business information which are essential to the running of the
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`business and would be valuable to Bausch & Lomb’s competitors and harmful to
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`Bausch & Lomb if made public. Accordingly, as in Tandus, the Board should seal
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`and keep this information confidential.
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`III. PROPOSED PROTECTIVE ORDER
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`Pursuant to 37 C.F.R. § 42.54(a), the parties propose that the default
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`protective order found in Appendix B of the Trial Practice Guide be entered, with
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`6
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`slight modifications, as shown in attached Appendix 1. Appendix 2 shows in strike-
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`through and underlining the changes in the proposed stipulated Protective Order,
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`as compared to the default Protective Order. Good cause exists to enter the
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`proposed protective order for the following reasons.
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`First, the default protective order permits disclosure of materials designated
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`thereunder to the parties and their in-house counsel. However, the parties agree to
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`allow disclosure of materials designated under the protective order to (1) in-house
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`counsel and (2) party representatives who have responsibility for overseeing the
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`conduct of this proceeding or participate in decisions with respect to this
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`proceeding. Accordingly, good cause exists to modify the default protective order
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`to preclude disclosure of materials designated thereunder to the parties except for
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`their in-house counsel and/or party representatives who have responsibility for
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`overseeing the conduct of this proceeding or participate in decisions with respect
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`to this proceeding.
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`Second, the proposed Protective Order adds one provision (Paragraph 7).
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`The parties agree that this provision is necessary to clarify how confidential
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`information that may be received by the parties in this proceeding may be used.
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`IV. CERTIFICATION OF NON-PUBLICATION
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`
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`The undersigned counsel certifies the information sought to be sealed by this
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`Motion to Seal has not, to their knowledge, been published or otherwise made public.
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`7
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`Patent Owner has made efforts to maintain the confidentiality of this information in
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`a related district court proceeding. In that district court proceeding, certain of the
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`information that the parties presently move to seal has been produced and designated
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`“COUNSELS’ EYES ONLY – SUBJECT TO DISCOVERY CONFIDENTIALITY
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`ORDER.” While the other information has not yet been produced, if it is produced
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`in the district court proceeding, it will be produced “COUNSELS’ EYES ONLY –
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`SUBJECT TO DISCOVERY CONFIDENTIALITY ORDER” pursuant to a
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`Protective Order agreed upon by the Parties.
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`V. CONCLUSION
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`For the reasons set forth above, the parties respectfully request the Board grant
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`their joint motion to seal and enter the proposed stipulated Protective Order.
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`Respectfully submitted,
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`
`/Bryan C. Diner/
`
`
`Bryan C. Diner, Reg. No. 32,409
`Counsel for the Patent Owner
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`Dated: August 29, 2022
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`8
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`CERTIFICATE OF SERVICE
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`
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`I hereby certify that on this 29th day of August, 2022, a copy of this PATENT
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`OWNER’S MOTION TO SEAL AND ENTER STIPULATED PROPOSED
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`PROTECTIVE ORDER including all attachments and exhibits was served
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`electronically via email on August 29, 2022, in its entirety on the following:
`
`Linnea P. Cipriano
`Goodwin Proctor LLP
`620 Eight Avenue
`New York, NY 10018
`lcipriano@goodwinlaw.com
`
`Louis H. Weinstein
`Patrick G. Pollard
`Windels Marx Lane & Mittendorf, LLC
`1 Giralda Farms
`Madison, NJ 07940
`lweinstein@windelsmarx.com
`ppollard@windelsmarx.com
`
`Robert Frederickson III
`Goodwin Proctor LLP
`100 Northern Avenue
`Boston, MA 02210
`rfrederickson@goodwinlaw.com
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`The Petitioner has consented to service by electronic mail.
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`Dated: August 29, 2022
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`
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` Respectfully submitted,
`
` /Geneva Eaddy/
`Geneva Eaddy
`Case Manager
`FINNEGAN, HENDERSON, FARABOW,
` GARRETT & DUNNER LLP
`
`
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`9
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`Appendix 1
`Appendix |
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`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`__________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`__________________
`
`
`SLAYBACK PHARMA LLC,
`
`Petitioner,
`
`v.
`
`EYE THERAPIES, LLC,
`
`Patent Owner.
`
`__________________
`
`Case IPR2022-00142
`U.S. Patent No. 8,293,742
`__________________
`
`[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) Party Representatives. Representatives of record for a party in the
`
`proceeding.
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`(B) 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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`(C) In-house counsel and in-house representatives. In-house counsel of a party
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`and in-house representatives who have responsibility for overseeing the
`
`conduct of this proceeding or participate in decisions with reference to this
`
`proceeding.
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`(D) 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
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`an Acknowledgement, but shall be informed of the terms and requirements of
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`2
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`
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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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`(E) 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
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`shall have such access without the requirement to sign an Acknowledgement.
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`Such employees and representatives shall include the Director, members of
`
`the Board and their clerical staff, other support personnel, court reporters, and
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`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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`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
`
`authorized to receive the information shall not have access;
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`3
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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
`
`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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`
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`5. 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 along with a
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`Motion to Seal. The Motion to Seal should provide a non-confidential description
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`of the nature of the confidential information that is under seal, and set forth the
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`reasons why the information is confidential and should not be made available to the
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`public. A party may challenge the confidentiality of the information by opposing the
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`4
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`Motion to Seal. The documents or information shall remain under seal unless the
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`Board determines that some or all of it does not qualify for confidential treatment.
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`
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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 from the
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`non-confidential version is confidential and should not be made available to the
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`public. A party may challenge the confidentiality of the information by opposing the
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`Motion to Seal. The non-confidential version of the submission shall clearly indicate
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`the 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 the Board determines that some or all of the redacted information does
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`not qualify for confidential treatment.
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`
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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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`5
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`6. 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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`7. Confidential information shall be used by the individuals identified in 2(A)
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`- 2(D)
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`solely
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`for
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`the purposes of
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`this proceeding or any appeal
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`therefrom. Confidential information shall not be used by the individuals identified
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`in 2(A) - 2(D) for any other business, commercial, competitive, or personal
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`purpose. Confidential information shall not be disclosed by the individuals
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`identified in 2(A) - 2(D) to anyone other than those set forth in Paragraph 2, unless
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`and until the restrictions herein are removed either by written agreement of the
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`parties or by Order of the Board. It is, however, understood that a Party
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`Representative may give advice and opinions to his or her client (i.e., the Petitioner,
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`the Patent Owner, and/or any real party in interest to the Petitioner or the Patent
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`Owner) solely relating to the above-captioned proceeding and any appeal therefrom
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`based on his or her evaluation of confidential information, provided that such advice
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`and opinions shall not reveal the content of such confidential information, except by
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`prior written agreement of the parties or by Order of the Board. Nothing in this Order
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`precludes a producing party from using or disseminating its own confidential
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`information.
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`6
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`
`SLAYBACK PHARMA LLC,
`
`Petitioner,
`
`v.
`
`EYE THERAPIES, LLC,
`
`Patent Owner.
`
`__________________
`
`Case IPR2022-00142
`U.S. Patent No. 8,293,742
`__________________
`
`ACKNOWLEDGEMENT FOR ACCESS
`TO PROTECTIVE ORDER MATERIAL
`
`
`I
`
`, affirm that I have read the Protective Order; that I will abide by its terms; that
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`I will use the confidential information only in connection with this proceeding and
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`for no 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
`7
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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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`
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`Dated:
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`
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`By: ________________________
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`8
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`Appendix 2
`Appendix 2
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`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`__________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`__________________
`
`
`SLAYBACK PHARMA LLC,
`
`Petitioner,
`
`v.
`
`EYE THERAPIES, LLC,
`
`Patent Owner.
`
`__________________
`
`Case IPR2022-00142
`U.S. Patent No. 8,293,742
`__________________
`
`[PROPOSED] 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.”
`
`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.
`
`(AB) Party Representatives. Representatives of record for a party in the
`
`proceeding.
`
`(BC) 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.
`
`(CD) In-house counsel and in-house representatives. In-house counsel of a
`
`party and in-house representatives who have responsibility for overseeing the
`
`conduct of this proceeding or participate in decisions with reference to this
`
`proceeding.
`
`(DE) Support Personnel. Administrative assistants, clerical staff, court
`
`reporters and other support personnel of the foregoing persons who are
`
`
`
`2
`
`
`
`
`
`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.
`
`(EF) 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 those persons identified above in (d)(2)(A)–
`
`(E), 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 and after signing
`
`the
`
`Acknowledgment. The party opposing disclosure to that person shall have the
`
`burden of proving that such person should be restricted from access to confidential
`
`information.
`
`4. Persons receiving confidential information shall use reasonable efforts to
`
`maintain the confidentiality of the information, including:
`
`
`
`3
`
`
`
`
`
`(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.
`
`
`
`5. 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 along with a
`
`Motion to Seal. The Motion to Seal should provide a non-confidential description
`
`of the nature of the confidential information that is under seal, and set forth the
`
`reasons why the information is confidential and should not be made available to the
`
`
`
`4
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`
`
`
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`public. A party may challenge the confidentiality of the information by opposing the
`
`Motion to Seal. The documents or information shall remain under seal unless the
`
`Board determines that some or all of it does not 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. A party may challenge the confidentiality of the information by opposing the
`
`Motion to Seal. The non-confidential 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 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. Documents
`
`(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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`5
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`6. 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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`7. Confidential information shall be used by the individuals identified in 2(A)
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`- 2(D) solely
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`for
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`the purposes of
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`this proceeding or any appeal
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`therefrom. Confidential information shall not be used by the individuals identified
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`in 2(A) - 2(D) for any other business, commercial, competitive, or personal
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`purpose. Confidential information shall not be disclosed by the individuals
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`identified in 2(A) - 2(D) to anyone other than those set forth in Paragraph 2, unless
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`and until the restrictions herein are removed either by written agreement of the
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`parties or by Order of the Board. It is, however, understood that a Party
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`Representative may give advice and opinions to his or her client (i.e., the Petitioner,
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`the Patent Owner, and/or any real party in interest to the Petitioner or the Patent
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`Owner) solely relating to the above-captioned proceeding and any appeal therefrom
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`based on his or her evaluation of confidential information, provided that such advice
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`and opinions shall not reveal the content of such confidential information, except by
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`prior written agreement of the parties or by Order of the Board. Nothing in this Order
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`precludes a producing party from using or disseminating its own confidential
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`information.
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`6
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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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`SLAYBACK PHARMA LLC,
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`Petitioner,
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`v.
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`EYE THERAPIES, LLC,
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`Patent Owner.
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`__________________
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`Case IPR2022-00142
`U.S. Patent No. 8,293,742
`__________________
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`ACKNOWLEDGEMENT FOR ACCESS
`TO PROTECTIVE ORDER MATERIAL
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`I
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`, affirm that I have read the Protective Order; that I will abide by its terms; that
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`I will use the confidential information only in connection with this proceeding and
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`for no 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
`7
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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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`Dated:
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`By: ________________________
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`8
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