`
`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,’’ or, if such confidential information is deemed extraordinarily
`sensitive, including but not limited to documents relating to trade secrets or other
`proprietary business, financial or personal information, a party’s current or future
`business plans, and the way the party does business, as “PROTECTIVE ORDER
`MATERIAL – ATTORNEYS’ EYES ONLY”
`2. Access to confidential information not marked “ATTORNEYS’ EYES ONLY”
`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 a law firm 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
`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
`
` 
`
`Exhibit A-1
`
`

`

` 
`
`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. Access to confidential information marked “ATTORNEYS’ EYES ONLY” is
`limited to the following individuals who have executed the acknowledgment
`appended to this order:
`(A) Party Representatives. Representatives of a law firm of record for a
`party in the proceeding.
`(B) 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.
` (C) 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.
`(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 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.
`
`4. 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;
`
` 
`
`2 
`
`Exhibit A-2
`
`

`

` 
`
`(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 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
`
` 
`
`3 
`
`Exhibit A-3
`
`

`

` 
`
`other proceedings before the Board shall be clearly marked as ‘‘PROTECTIVE
`ORDER MATERIAL’’ or, if such confidential information is deemed
`extraordinarily sensitive, including but not limited to documents relating to trade
`secrets or other proprietary business, financial or personal information, a party’s
`current or future business plans, and the way the party does business, as
`“PROTECTIVE ORDER MATERIAL – ATTORNEY’S EYES ONLY”, and, for
`either designation, shall be produced in a manner that maintains its confidentiality.
`(i) Standard Acknowledgement of Protective Order. The following
`form may be used to acknowledge a protective order and gain access to
`information covered by the protective order:
`[CAPTION]
`Standard Acknowledgment for Access to Protective Order Material
`I ____, affirm that I have read the Protective Order; that I will abide by its terms;
`that I 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.
`[Signature]
`
`4 
`
`
`
` 
`
`Exhibit A-4
`
`

`

`Tinnus Enterprises, LLC
`
`Telebrands Corp.
`
`Dated:
`
`0/9/6/1 ?
`
` By:
`
`Thomas M. Croft
`
`Jeffrey D. Ahdoot
`Brendan B. Squire
`Dunlap Bennett & Ludwig, PLLC
`211 Church Street, SE
`
`Leesburg, VA 20175
`Tel: (703) 777-7319
`
`Fax: (703) 777-3656
`
`Robert D. Spendlove
`Laubscher, Spendlove & Laubscher, RC.
`1 160 Spa Road, Ste ZB
`Annapolis, MD 21403
`Phone: 703-332-8888
`
`By: Z@Tr "272x345 g
`Rober/{fMaldonado
`Tonia A. Sayour
`Cooper & Dunham LLP
`30 Rockefeller Plaza
`
`New York, NY 10112
`
`Tel: (212) 278-0400
`Fax: (212) 391—0525
`
`SO ORDERED:
`
`
`
`5
`
`Exhibit A—5
`
`