Paper ____
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`Filed on behalf of: Versata Development Group, Inc.
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`By: Nancy J. Linck, Lead Counsel
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`Martin M. Zoltick, Backup Counsel
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`Rothwell, Figg, Ernst & Manbeck, P.C.
`607 14th St., N.W., Suite 800
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`Washington, DC 20005
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`Phone: 202-783-6040
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`Facsimile: 202-783-6031
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`E-mail: nlinck@rfem.com
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` mzoltick@rfem.com
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`SAP AMERICA, INC. ET AL.
`Petitioner
`
`v.
`
`VERSATA DEVELOPMENT GROUP, INC.
`Patent Owner
`_______________
`
`Case CBM2012-00001 (MPT)
`Patent 6,553,350
`_______________
`
`
`PATENT OWNER VERSATA DEVELOPMENT GROUP, INC.’S
`MOTION TO FILE DOCUMENTS UNDER SEAL
`
`
`
`
`
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`Filed on behalf of: Versata Development Group, Inc.
`
`By: Nancy J. Linck, Lead Counsel
`
`Martin M. Zoltick, Backup Counsel
`
`Rothwell, Figg, Ernst & Manbeck, P.C.
`607 14th St., N.W., Suite 800
`
`
`Washington, DC 20005
`
`Phone: 202-783-6040
`
`Facsimile: 202-783-6031
`
`E-mail: nlinck@rfem.com
`
`
` mzoltick@rfem.com
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_______________
`
`SAP AMERICA, INC. ET AL.
`Petitioner
`
`v.
`
`VERSATA DEVELOPMENT GROUP, INC.
`Patent Owner
`_______________
`
`Case CBM2012-00001 (MPT)
`Patent 6,553,350
`_______________
`
`
`PATENT OWNER VERSATA DEVELOPMENT GROUP, INC.’S
`MOTION TO FILE DOCUMENTS UNDER SEAL
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`Case CBM2012-00001
`Patent 6,553,350
`Attorney Docket No: 4117-101
`
`
`MAIL STOP PATENT BOARD
`Patent Trial and Appeal Board
`U.S. Patent & Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`I.
`
`Relief Requested
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`
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`Pursuant to 37 C.F.R. § 42.14, Patent Owner Versata Development Group,
`
`Inc. (“Versata”) hereby requests permission to file its Patent Owner Preliminary
`
`Response and selected exhibits, due on November 30, 2012, under seal. A
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`Protective Order (Exh. 2004) governing the treatment of confidential materials has
`
`been entered in this proceeding (Paper 27).
`
`II.
`
`
`
`
`Statement of Facts Showing There is Good Cause for the PTAB to
`Allow the Filing Under Seal
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`In accordance with Section 6(A) of the Protective Order (Exh. 2004) entered
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`in this proceeding (Paper 27), “[a] party may filed documents or information with
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`the Board under seal, together with a non-confidential description of the nature of
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`the Protected Materials that is under seal and the reasons why the materials are
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`confidential and should not be made available to the public.”
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`
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`Versata’s Patent Owner Preliminary Response includes documents and
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`information produced by Petitioner in this proceeding designated by Petitioner
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`under the Protective Order as “Confidential-Attorneys’ Eyes Only Material.”
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`More specifically, Versata’s Patent Owner Preliminary Response and selected
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`
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`2
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`exhibits being filed concurrently with the Preliminary Response, include excerpts
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`Case CBM2012-00001
`Patent 6,553,350
`Attorney Docket No: 4117-101
`
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`from expert reports, deposition transcripts and briefs from the district court action
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`involving the patent at issue in this proceeding that have been designated by
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`Petitioner under the Protective Order as “Confidential-Attorneys’ Eyes Only
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`Material.”
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`Patent Owner Versata submits that Petitioner’s designation of these
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`materials as “Confidential-Attorneys’ Eyes Only Material” under the Protective
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`Order issued in this proceeding constitutes good cause for the PTAB to allow the
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`filing under seal pursuant to 37 C.F.R. § 42.14.1
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`III. Conclusion
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`
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`For the foregoing reasons, Patent Owner Versata respectfully requests that
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`the PTAB grant this motion and permit the filing of its Patent Owner Preliminary
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`Response and selected exhibits under seal.
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`1 Patent Owner Versata will consult with Petitioner following the filing of its Patent
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`Owner Preliminary Response and selected exhibits under seal to determine which
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`portions of the Preliminary Response and any of the exhibits can be redacted to use
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`for nonconfidential versions for subsequent filing in this proceeding.
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`Date: November 30, 2012
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`Case CBM2012-00001
`Patent 6,553,350
`Attorney Docket No: 4117-101
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`Respectfully submitted,
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`By:
`
`
`
`
`
`
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`
`
`
`/s/Martin M. Zoltick
`
`Nancy J. Linck, Lead Counsel
`Martin M. Zoltick, Back-up Counsel
`ROTHWELL, FIGG, ERNST
` & MANBECK, P.C.
`607 14th Street, N.W., Suite 800
`Washington, DC 20005
`Phone: 202-783-6040
`Facsimile: 202-783-6031
`
`Attorneys for Patent Owner Versata
`Development Group, Inc.
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`Case CBM2012-00001
`Patent 6,553,350
`Attorney Docket No: 4117-101
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`CERTIFICATE OF SERVICE
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`I hereby certify that on this 30th day of November, 2012, a true and correct
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`
`
`
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`copy of the foregoing PATENT OWNER VERSATA DEVELOPMENT GROUP,
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`INC.’S MOTION TO FILE DOCUMENTS UNDER SEAL, was served, in
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`accordance with the parties electronic service agreement, by electronic mail upon
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`the following lead and backup counsel of record for Petitioners SAP America, Inc.
`
`and SAP AG:
`
`Erika H. Arner, Lead Counsel
`Finnegan, Henderson, Farabow, Garrett & Dunner, L.L.P.
`11955 Freedom Dr.
`Reston, VA 20190-5675
`Service E-mail: SAP-PGR@finnegan.com
`
`
`
`
`J. Steven Baughman, Back-up Counsel
`Ropes & Gray
`One Metro Center
`700 12th St., N.W., Suite 900
`Washington, DC 20005-3948
`Service E-mail: Steven.Baughman@ropesgray.com
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`/s/ Erik van Leeuwen
`Erik van Leeuwen
`Litigation Operations Coordinator
`Rothwell, Figg, Ernst & Manbeck, P.C.
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