Filed on behalf of Silver Peak Systems, Inc.
`By: Darren E. Donnelly, Reg. No. 44,093
`
`Jason E. Amsel, Reg. No. 60,650
`
`Fenwick & West LLP
`
`801 California Street
`
`Mountain View, CA 94041
`
`Tel: (650) 988-8500
`
`Fax: (650) 938-5200
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________
`
`RIVERBED TECHNOLOGY, INC.,
`Petitioner
`
`v.
`
`SILVER PEAK SYSTEMS, INC.,
`Patent Owner
`_____________
`
`Case IPR2014-00245
`Patent 8,392,684
`_____________
`
`PROTECTIVE ORDER
`
`
`
`
`
`
`
`
`
`IPR2014-00245
`
` Riverbed Technology, Inc. v. Silver Peak Systems, Inc.
`
`
`By: Darren E. Donnelly, Reg. No. 44,093
`
`Jason E. Amsel, Reg. No. 60,650
`
`Fenwick & West LLP
`
`801 California Street
`
`Mountain View, CA 94041
`
`Tel: (650) 988-8500
`
`Fax: (650) 938-5200
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________
`
`RIVERBED TECHNOLOGY, INC.,
`Petitioner
`
`v.
`
`SILVER PEAK SYSTEMS, INC.,
`Patent Owner
`_____________
`
`Case IPR2014-00245
`Patent 8,392,684
`_____________
`
`PROTECTIVE ORDER
`
`
`
`
`
`
`
`
`
`IPR2014-00245
`
` Riverbed Technology, Inc. v. Silver Peak Systems, Inc.
`
`
`
`This standing 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.” Information may be marked “PROTECTIVE ORDER
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`MATERIAL – SOURCE CODE” if it constitutes or contains non-public source
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`code of a party’s software or computer applications.
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`2. Access to “PROTECTIVE ORDER MATERIAL” is limited to the following
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`individuals 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
`
`and other persons who are named parties to the proceeding.
`
`(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
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`consultant for, or employed by, such a competitor with respect to the
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`subject matter of the proceeding.
`
`(D)
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`In-house counsel. In-house counsel of a party.
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`(E) Other Employees of a Party. Employees, consultants or other persons
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`performing work for a party, other than in-house counsel and in-house
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`counsel’s support staff, who sign the Acknowledgement shall be
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`
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`2
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`
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`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
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`seeking to disclose confidential information to that person. The party
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`opposing disclosure to that person shall have the burden of proving that
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`such person should be restricted from access to confidential information.
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`(F) The Office. Employees and representatives of the Office who have a need
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`for access to the confidential information shall have such access without
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`the requirement to sign an Acknowledgement. Such employees and
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`representatives shall include the Director, members of the Board and
`
`their clerical staff, other support personnel, court reporters, and other
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`persons acting on behalf of the Office.
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`(G) Support Personnel. Administrative assistants, clerical staff, court
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`reporters and other support personnel of the foregoing persons who are
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`reasonably necessary to assist those persons in the proceeding shall not
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`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.
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`3. Access to “PROTECTIVE ORDER MATERIAL – SOURCE CODE” and
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`information and material derived from it is limited to the following individuals
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`who have executed the acknowledgment appended to this order:
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`
`
`
`3
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`
`
`
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`(A) Outside Counsel. Outside counsel 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
`
`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 persons identified in Sections
`
`3(A) and 3(B) 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.
`
`(E) Court Reporters. Professional court reporters and videographers to the
`
`extent material designated “PROTECTIVE ORDER MATERIAL –
`
`
`
`
`4
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`
`
`
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`SOURCE CODE” is disclosed at a deposition such person is transcribing
`
`or recording.
`
`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;
`
`(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 disclosing party;
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`(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.
`
`
`
`
`5
`
`
`
`
`
`(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
`
`
`
`
`6
`
`
`
`
`
`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” or “PROTECTIVE ORDER
`
`MATERIAL – SOURCE CODE” and shall be produced in a manner that
`
`maintains its confidentiality.
`
`6. Objections to Designations. If during the pendency of this Proceeding any
`
`party claims that information is not appropriately designated (the “Objecting
`
`Party”), the Objecting Party may serve notice of objection on the Designating
`
`Party. Within ten (10) calendar days of receiving such notice, the Designating
`
`Party shall respond in writing. If the Designating Party and the Objecting Party
`
`cannot resolve the dispute, the Objecting Party may move for an order from the
`
`Board for re-designation of the disputed material. If the Objecting Party moves
`
`for an order from the Board for re-designation, the Designating Party shall bear
`
`the burden to establish that the original designation complies with the
`
`guidelines and limitations described in this Order. Until or unless the parties
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`formally agree in writing to the re-designation of such material, or until such
`
`
`
`
`7
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`
`
`
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`time as the material is re-designated by order of the Board, all Designated
`
`Materials will continue to receive confidential treatment pursuant to the terms
`
`of this Protective Order in accordance with the designation chosen by the
`
`Designating Party.
`
`7. Final Disposition of Designated Material. Within sixty (60) days following
`
`termination of this Proceeding by settlement or final decision, including
`
`exhaustion of all appeals, the originals and all copies of “PROTECTIVE
`
`ORDER MATERIAL – SOURCE CODE” (other than those maintained
`
`confidentially by the Office) shall be either destroyed or turned over to the
`
`producing party, or to its counsel. If material is destroyed pursuant to this
`
`paragraph, counsel shall provide to opposing counsel a certification identifying
`
`when and how the destruction was performed. Notwithstanding this paragraph,
`
`outside counsel of record may retain pleadings, attorney and consultant work
`
`product, and depositions (with exhibits) for archival purposes.
`
`8. The parties acknowledge that the provisions of this Protective Order may not be
`
`appropriate for other proceedings before the Board or before other tribunals and
`
`do not apply in the absence of a further agreement by the parties or an order of
`
`the Board or other tribunal.
`
`
`
`
`
`
`
`
`8
`
`
`
`
`
`Dated: January 29, 2015
`
`
`
` /s/ Darren E. Donnelly
`Darren E. Donnelly, Reg. No. 44,093
`Jason E. Amsel, Reg. No. 60,650
`
`FENWICK & WEST LLP
`801 California Street
`Mountain View, CA 94041
`Tel: (650) 988-8500
`Fax: (650) 938-5200
`
`Attorney for Patent Owner
`Silver Peak Systems, Inc.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` /s/ David M. O’Dell
`David M. O’Dell
`Lead Counsel for Petitioner
`Registration No. 42,044
`
`HAYNES AND BOONE, LLP
`2323 Victory Avenue, Suite 700
`Dallas, Texas 75219
`Telephone: 972/739-8635
`Facsimile: 214/200-0853
`
`Attorney for Petitioner
` Riverbed Technology, Inc.
`
`9
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________
`
`RIVERBED TECHNOLOGY, INC.,
`Petitioner
`
`v.
`
`SILVER PEAK SYSTEMS, INC.,
`Patent Owner
`_____________
`
`Case IPR2014-00245
`Patent 8,392,684
`_____________
`
`ACKNOWLEDGEMENT
`
`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.
`
`Date: _________________________________
`
`City and State where sworn and signed: _________________________________
`
`Printed name: ______________________________
`[printed name]
`
`
`Signature: __________________________________
`[signature]
`
`
`
`
`10
`
`
`
`
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