`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`CLIO USA, INC.
`Petitioner
`
`v.
`
`THE PROCTER & GAMBLE COMPANY
`Patent Owner
`
`Case IPR2013-00448
`Patent No. 5,891,453
`
`PETITIONER’S RESPONSE TO
`
`PATENT OWNER’S MOTION TO SEAL
`
`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`Pursuant to 37 C.F.R. § 42.25(a)(1), Petitioner, Clio USA, Inc., hereby
`
`responds to the motion by Patent Owner, The Procter & Gamble Company
`
`(“P&G”), to file under seal its Exhibits 2020 (Atwood Declaration), 2023 (Sagel
`
`Declaration), 2017 and 2032 as containing confidential information.
`
`Petitioner has reviewed the Protective Order submitted by P&G as its
`
`Exhibit 2033, which is the Board’s form Protective Order, and has proposed two
`
`modifications to that Order to P&G, to which P&G has agreed. Petitioner submits
`
`its proposed Protective Order in red-line and clean form herewith as Exhibits 1015
`
`and 1016, respectively.
`
`The modifications to which the parties have agreed, and the good cause
`
`therefor, are as follows: First, in paragraph 2(E), it is proposed that an additional
`
`sentence be added clarifying that party representatives shall have access to
`
`confidential information in this proceeding equivalent to the access that they have
`
`in the co-pending litigation between the parties, The Procter & Gamble Company
`
`v. Team Technologies, Inc. et al., Case No. 1:12-cv-552 (S.D. Ohio). Although it
`
`is not anticipated that this provision would need to be invoked, having it in the
`
`Order at the outset will minimize any disputes that could arise.
`
`Second, the parties have agreed to remove subsection (A) from paragraph 3
`
`of the form order (and thus to reletter the remaining subsections). Subsection (A)
`
`states that confidential materials will be kept in a “secure location.” There is a
`
`concern that this provision could be read to require restrictions on physical access
`
`
`
`to individual offices and work spaces that are more onerous than the parties believe
`
`is necessary for this proceeding.
`
`Instead,
`
`the parties have agreed that
`
`the
`
`remaining provisions of paragraph 3 are adequate to protect the confidential
`
`information expected to be produced in this proceeding.
`
`Petitioner thus requests, with the agreement of Patent Owner, that the Board
`
`not enter the default protective order submitted by Patent Owner as its Exhibit
`
`2033 but instead enter the revised default protective order filed herewith as Exhibit
`
`1016.
`
`Respectfully submitted,
`
`VORYS, SATER, SEYMOUR AND PEASE LLP
`
`Date: April 9, 2014
`
`/William H. Oldach III/
`
`William H. Oldach III
`Registration No. 42,048
`Attorney for Petitioner
`CLIO USA, INC.
`
`VORYS, SATER, SEYMOUR AND PEASE LLP
`1909 K Street NW, Ninth Floor
`Washington, D.C. 20006-1152
`Tel: 202-467-8800 / Fax: 202-533-9187
`
`
`
`CERTIFICATION OF SERVICE (37 C.F.R. §§ 42.6(e))
`
`The undersigned hereby certifies that
`
`the above-captioned Petitioner’s
`
`Response to Patent Owner’s Motion to Seal was served on April 9, 2014, by e-
`
`mail, pursuant to agreement of the parties, on the following:
`
`David M. Mairorana (dmaiorana@jonesday.com)
`Kenneth S. Luchesi (kluchesi@jonesday.com)
`John V. Biernacki (jvbiernacki@jonesday.com)
`David M. Weirich (weirich.dm@pg.com)
`Armina E. Stricklin (stricklin.ae@pg.com)
`
`/William H. Oldach III/
`_____________________________
`William H. Oldach III
`
`4/09/2014 19082664
`
`
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