`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`SAP AMERICA INC. AND SAP AG,
`Petitioners,
`
`v.
`
`VERSATA DEVELOPMENT GROUP INC.,
`Patent Owner.
`
`Case CBM20 12-00001
`Patent 6,553,350
`
`Before the honorable MICHAEL P. TIERNEY, SALLY C. MEDLEY and RAMA
`G.ELLURU.
`
`PETITIONER'S MOTION TO EXPUNGE
`UNDER 37 C.F.R. § 42.56
`
`
`
`I.
`
`STATEMENT OF RELIEF REQUESTED
`
`Pursuant to 37 C.F.R. § 42.56, SAP requests that the Board expunge from
`
`the record the confidential information identified below.
`
`II.
`
`REASONS FOR THE RELIEF REQUESTED
`
`A.
`
`EXHIBITS 2045, 2046, AND 2047
`
`On November 30, 2012, Patent Owner filed a Motion to Seal its Preliminary
`
`Response and associated Exhibits 2045, 2046, and 2047. (Paper No. 28.) On
`
`December 14, 2012, the Board granted-in-part Patent Owner's Motion to Seal,
`
`ordering that Exhibits 2045, 2046 and 2047 remain sealed in their entirety. (Paper
`
`No. 33.) These exhibits include excerpts of a brief (Exhibits 2045), expert report
`
`(Exhibits 2046), and expert deposition transcript (Exhibits 2047) from the district
`
`court action involving the patent at issue in this proceeding that are designated by
`
`Petitioner under the Protective Order in this case (Exhibit 2004) as "Confidential-
`
`Attorneys' Eyes Only Material."
`
`The Board did not refer to Exhibit 2045 in any decision. In its Decision to
`
`Institute, the Board quoted a portion of Exhibit 2046 ~ 246 and referenced a limited
`
`amount of deposition testimony from Exhibit 2047. (Paper No. 36, pp. 39, 40.)
`
`Petitioner submits that these exhibits continue to contain confidential information
`
`and that expunging the exhibits from the record will not hamper the public interest
`
`of maintaining a complete and understandable file history for public notice
`
`purposes. Petitioner therefore requests the documents be removed from the record.
`
`1
`
`
`
`B.
`
`EXHIBIT 2086
`
`On March 21, 2013, Patent Owner filed a Motion to Seal Exhibit 2086 of the
`
`Patent Owner Response. (Paper No. 55.) Exhibit 2086 comprises an unredacted
`
`deposition transcript ofPetitioner's expert, Dr. Siegel, that includes confidential
`
`information designated by Petitioner under the Protective Order. As explained in
`
`Patent Owner's Motion to Seal, Exhibit 2086 was mistakenly filed and a redacted
`
`version of the deposition transcript is found at Exhibit 2090. In its June 11, 2013
`
`Final Decision, the Board ordered Exhibit 2086 remain sealed in its entirety.
`
`(Paper No. 70, p. 34.) Petitioner submits that this exhibit continues to contain
`
`confidential information and therefore requests the document be removed from the
`
`record.
`
`Ill. CONCLUSION
`
`For the reasons set forth above, Petitioner requests that the Board grant this
`
`motion and expunge Exhibits 2045, 2046, 2047, and 2086 from the record. In the
`
`event the Board is compelled to deny Petitioner's motion, Petitioner requests in the
`
`alternative an opportunity to file redacted versions of the appropriate Patent Owner
`
`exhibits. Should this motion remain pending as of July 25, 2013, forty-five days
`
`after final judgment, Petitioner respectfully requests the Board expedite
`
`consideration of this motion or notice the public that access to these sealed papers
`
`will be delayed pending a decision on this motion.
`
`2
`
`
`
`Dated: July 23, 2013
`
`Respectfully submitted,
`
`By: /Erika H. Arner/
`Erika H. Arner, Lead Counsel
`Joseph E. Palys
`Michael V. Young, Sr.
`FINNEGAN, HENDERSON,
`FARABOW, GARRETT & DUNNER,
`L.L.P.
`11955 Freedom Drive
`Reston, VA 20190
`Phone: 571-203-2700
`Facsimile: 202-408-4400
`
`J. Steven Baughman, Back-up Counsel
`ROPES & GRAY L.L.P
`Prudential Tower
`800 Boylston Street
`Boston, Massachusetts 02199
`Phone:202-508-4606
`Facsimile: 617-235-9492
`
`Attorneys for Petitioners SAP America,
`Inc. and SAPAG
`
`3
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned certifies that the foregoing PETITIONER'S MOTION TO
`
`EXPUNGE UNDER 37 C.P.R.§ 42.56 was served on July 23,2013, to Nancy J.
`
`Linck and Martin M. Zoltick, Lead and Back-up Counsel for Versata, respectively,
`
`at the service e-mail address ofVERSATA-PGR@rfem.com provided in Versata's
`
`Mandatory Notices. The parties have agreed to electronic service.
`
`;f' Mersing
`
`J c
`egal ~ssistant
`FINNEGAN, HENDERSON,
`FARABOW, GARRETT &
`DUNNER, L.L.P.
`
`4
`
`
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