Form 8A Protective Order (In Patent Cases) {8A}

FORM 8A PROTECTIVE ORDER IN PATENT CASES United States Court of Federal Claims )), ) ) No. Plaintiff,) ) Judge v. ) ) THE UNITED STATES, ) ) Defendant.)) PROTECTIVE ORDER The court enters this Protective Order pursuant to RCFC 26(c)(1) and PRCFC 19(b). This order does not specify the procedures under which access to National Security Information is to be provided and may not be construed as requiring the production of any information that is classified for reasons of national security. Access to such information will be governed solely by existing laws and regulations. 1.As used in this Protective Order, these terms have the following meanings:(a) Attorneys: counsel of record in this litigation; (b) Documents: all materials within the scope of RCFC 34; (c) Restricted227Attorneys222 Eyes Only: a subset of restricted documents that are designated pursuant to Paragraph 5 below; (d) Written Assurance: an executed document found at Appendix of Forms, Form 9A; (e) Litigation Support Contractors: contractors who are subject to an obligation, either by contract or trade practice, to maintain the confidentiality of any material received in performance of services related to this litigation and rendered for the attorneys of record in this litigation (by way of example and not limitation, litigation support contractors include copying services, court reporters, videographers, document storage and management contractors, database management contractors, and information technology and network support contractors); (f) Experts: outside persons who are used by a party or its attorneys to furnish technical or expert services and/or to give expert testimony in this litigation; and (g) Third Party: any party not directly involved in this litigation. American LegalNet, Inc. www.FormsWorkFlow.com 2.By identifying a document as 223Restricted,224 a party may designate any document, including aninterrogatory response, another discovery response, and/or a transcript, that it, in good faith, contends constitutes or contains trade secret, proprietary, source-selection sensitive, or other similar confidential information that the owner thereof has taken reasonable measures to protect from disclosure to the public or competitors. In the case of the United States, other information and documents that may be identified as 223Restricted224 include: (a) documents categorized as 223FOR OFFICIAL USE ONLY,224 including unclassified information in the possession or under the control of the Department of Defense; and (b) trade secret, proprietary, source-selection sensitive, or other similar confidential information belonging to non-parties but within the control or custody of the United States. 3.All 223Restricted224 documents, along with the information contained in the documents, may beused solely for the purpose of this litigation and no person receiving such documents may directly or indirectly transfer, disclose, or communicate the contents of the documents in any way to any person other than those specified in Paragraph 4 below. Prohibited purposes include, but are not limited to, use for competitive purposes or the prosecution of other intellectual property rights. 4.Without a court order, access to any 223Restricted224 document will be limited to:(a) the court and its personnel;(b) attorneys of record in this litigation, to the extent they have agreed to be bound by thisProtective Order, and any members or employees of their respective law firms, or in the case of the United States, the attorneys, legal assistants, and legal support staff of the Department of Justice and any agency or department of the United States involved in this litigation; (c) persons shown on the face of the document to have authored or received it; (d) litigation support contractors; (e) inside counsel of the parties, subject to the conditions of Paragraph 8 below; (f) a party222s officers and employees directly involved in this litigation whose access to the information is reasonably required to supervise, manage, or participate in this litigation, subject to the conditions of Paragraph 8 below; (g) experts, subject to the conditions of Paragraph 8 below; and (h) any other person or entity that the parties (including any third party, to the extent the third party has designated the document as 223Restricted224) mutually agree in writing may have access to 223Restricted224 documents. 5.The parties have the right to further designate 223Restricted224 documents or portions thereof as223Restricted227Attorneys222 Eyes Only.224 Without a further court order, however, disclosure of such information will be limited to the persons designated in Paragraphs 4(a), (b), (c), and (d) and, in addition, persons designated in Paragraph 4(h), to the extent the parties mutually agree in writing that an individual may have access to 223Restricted227Attorneys222 Eyes Only224 information. American LegalNet, Inc. www.FormsWorkFlow.com 6.Disclosure of 223Restricted227Attorneys222 Eyes Only224 information:(a) Notwithstanding any other provision of this Protective Order, information designated223Restricted227Attorneys222 Eyes Only224 may not be disclosed to any individual involved in the prosecution of patent applications related to the subject matter of the claimed invention involved in this litigation. (b) Individuals to whom 223Restricted227Attorneys222 Eyes Only224 information has been disclosed under this Protective Order, may, however, provide copies of material prior art or other non-confidential information to counsel involved in prosecution to be provided to the United States Patent and Trademark Office. (c) Unless otherwise agreed upon by the parties, no individual to whom 223Restricted227Attorneys222 Eyes Only224 information has been disclosed under this Protective Order may be involved in the prosecution of patent applications related to the subject matter of the claimed invention involved in this litigation until one (1) year after the final disposition of this action, including all related appeals (the 223Prosecution Bar224). (1) The parties expressly agree that the Prosecution Bar set forth herein will be personal to any attorney who reviews information designated 223Restricted227Attorneys222 Eyes Only224 and will not be imputed to any other persons or attorneys at the attorney222s law firm or company, unless information concerning that designated information was communicated to an individual by one who reviewed such designated information. (2) For purposes of the Prosecution Bar, 223prosecution224 includes: (i) the drafting or amending of patent claims, or the supervising of the drafting or amending of patent claims; (ii) participating in or advising on any re-examination, reissue, inter-party review, or other post-grant review proceeding, except as specified below; and (iii) advising any client concerning strategies for obtaining or preserving patent rights related to the subject matter of the claimed invention involved in this litigation before the United States Patent and Trademark Office or other similar foreign government or agency. (3) 223Prosecution224 does not include participating in or advising on any re-examination, reissue, inter-party review, or other post-grant review proceeding by a party222s lawyers, with respect to any patents in which an opposing party involved in this litigation has any interest or any patent involved in the pending action. (d) Nothing contained herein will preclude lawyers having access to documents designated as 223Restricted227Attorneys222 Eyes Only224 from having discussions with their clients about the general status of the case and about settlement offers, so long as during any discussions the lawyers do not impart any 223Restricted227Attorneys222 Eyes Only224 information to their clients. 7.Third parties producing documents in the course of this litigation also may designatedocuments as 223Restricted224 or 223Restricted227Attorneys222 Eyes Only,224 subject to the same protections and constraints as the parties to the litigation. A copy of this Protective Order will be served together with any subpoena served in this litigation. All documents produced by suc