`
`Paper
`
`By: Nancy J. Linck, Lead Counsel
`Martin M. Zoltick, Backup Counsel
`Rothwell, Figg, Ernst & Manbeck, P.C.
`607 14'~ St., N.W., Suite 800
`Washington, DC 20005
`Phone: 202-783 -6040
`Facsimile: 202-783-603 1
`E-mail: nlinck @ rfem.com
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`SAP AMERICA, INC. ET AL.
`Petitioner
`
`VERSATA DEVELOPMENT GROUP, INC.
`Patent Owner
`
`Case CBM2012-00001 (MPT)
`Patent 6,553,350
`
`PATENT OWNER VERSATA DEVELOPMENT GROUP, INC.'S
`MOTION TO SEAL VERSATA EXHIBIT 2086
`
`
`
`Case CBM2012-0000 1
`Patent 6,553,350
`Attorney Docket No: 41 17-101
`
`MAIL STOP PATENT BOARD
`Patent Trial and Appeal Board
`U.S. Patent & Trademark Office
`P.O. Box 1450
`Alexandria, VA 223 13- 1450
`
`I.
`
`Relief Requested
`
`Pursuant to 37 C.F.R. § 42.14, Patent Owner Versata Development Group,
`
`Inc. ("Versata") hereby requests the board to enter an order sealing Versata Exhibit
`
`2086, previously filed on March 1 1,201 3. A Protective Order (Exh. 2004)
`
`governing the treatment of confidential materials has been entered in this
`
`proceeding (Paper 27). Petitioner has reviewed this motion, and it is unopposed.
`
`11.
`
`Statement of Facts Showing There is Good Cause for the PTAB to
`Seal the Filed Document
`
`In accordance with Section 6(A) of the Protective Order (Exh. 2004) entered
`
`in this proceeding (Paper 27), "[a] party may file documents or information with
`
`the Board under seal, together with a non-confidential description of the nature of
`
`the Protected Materials that is under seal and the reasons why the materials are
`
`confidential and should not be made available to the public."
`
`In preparation for Mr. Liebich's cross-examination, Versata discovered that
`
`Dr. Siegel's deposition transcript was accidentally submitted under two different
`
`exhibit numbers, 2086 and 2090, filed with the Patent Owner Versata's Response.
`
`When Versata discovered the error, Versata immediately checked the transcripts
`
`
`
`Case CBM2012-0000 1
`Patent 6,553,350
`Attorney Docket No: 41 17-101
`
`and discovered that, while Versata Exhibit 2090 is redacted, Versata Exhibit 2086
`
`is not. Certain portions of the deposition transcript of Dr. Siegel, filed as Versta
`
`Exhibit 2086, include information designated by Petitioner under the Protective
`
`Order as "Confidential-Attorneys' Eyes Only Material."
`
`Patent Owner Versata submits that Petitioner's designation of these
`
`materials as "Confidential-Attorneys' Eyes Only Material" under the Protective
`
`Order issued in this proceeding, constitutes good cause for the Board to enter an
`
`order to seal Versata Exhibit 2086.
`
`111. Conclusion
`
`For the foregoing reasons, Patent Owner Versata respectfully requests that
`
`the Board grant this motion and enter an order to seal Versata Exhibit 2086.
`
`
`
`Case CBM20 12-0000 1
`Patent 6,553,350
`Attorney Docket No: 41 17- 101
`
`Respectfully submitted,
`
`By: G?!&%!5."-?- ?,
`
`Nancy J. Linck, Lead
`Martin M. Zoltick,
`ROTHWELL, FIGG, E
`& MANBECK, P.C.
`607 1 4 ' ~ Street, N.W., Suite 800
`Washington, DC 20005
`Phone: 202-783 -6040
`Facsimile: 202-783-603 1
`
`Attorneys for Patent Owner Versata
`Development Group, Znc.
`
`3 Date: March21,2013
`4
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