Inter Partes Review No. IPR2013-00505
`Motion to Seal
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________
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`CONOPCO, INC. dba UNILEVER
`Petitioner
`v.
`THE PROCTOR & GAMBLE COMPANY
`Patent Owner
`
`_____________
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`Patent No. 6,974,569
`Case No. IPR2013-00505
`____________________________________________________________
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`PETITIONER’S MOTION TO SEAL
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`4836-2136-2718.
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`Motion to Seal
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________
`
`CONOPCO, INC. dba UNILEVER
`Petitioner
`v.
`THE PROCTOR & GAMBLE COMPANY
`Patent Owner
`
`_____________
`
`Patent No. 6,974,569
`Case No. IPR2013-00505
`____________________________________________________________
`
`
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`PETITIONER’S MOTION TO SEAL
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`4836-2136-2718.
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`Inter Partes Review No. IPR2013-00505
`Motion to Seal
`Petitioner Conopco, Inc. dba Unilever (“Petitioner”) hereby moves to seal
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`the following:
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`Exhibits 1034, the unredacted Second Declaration of Arun Nandagiri. A
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`public, redacted version of the Second Declaration of Arun Nandagiri is filed as
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`Petitioner Exhibit 1035.
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`Exhibit 1036, the unredacted deposition testimony of Robert Y. Lochhead,
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`Ph.D. A public, redacted version of the deposition testimony of Robert Y.
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`Lochhead, Ph.D is filed as Petitioner Exhibit 1037.
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`Exhibit 1038, the unredacted deposition testimony of Radu Maftei. A
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`public, redacted version of the deposition testimony of Radu Maftei is filed as
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`Petitioner Exhibit 1039.
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`Exhibit 1041, the unredacted deposition testimony of Philip A. Geis, Ph.D.
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`A public, redacted version of the deposition testimony of Philip A. Geis, Ph.D is
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`filed as Petitioner Exhibit 1042.
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`Exhibit 1043, the unredacted deposition testimony of Eric S. Johnson, Ph.D.
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`A public, redacted version of the deposition testimony of Eric S. Johnson, Ph.D is
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`filed as Petitioner Exhibit 1044.
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`Exhibit 1048, the unredacted version of supplemental Head & Shoulders®
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`sales information. A public, redacted version of Exhibit 1048 is filed as Petitioner
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`Exhibit 1049.
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`Inter Partes Review No. IPR2013-00505
`Motion to Seal
`Petitioner certifies that it has previously conferred with Patent Owner The
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`Proctor and Gamble Company (“Patent Owner”) regarding the proposed default
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`protective order, and agreement was reached. A Joint Motion to Enter Default
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`Protective Order was filed. See Paper 31. The proposed Protective Order has
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`previously been submitted as Exhibit 2022.
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`REASONS FOR SEALING
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`Each of the following portions of Petitioner’s Exhibits contain information
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`designated confidential by Patent Owner under the Protective Order.
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`A. Certain paragraphs of the Second Declaration of Arun Nandagiri:
`Exhibit 1034 (unredacted); Exhibit 1035 (redacted, public)
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`A public, redacted version of the Second Declaration of Arun Nandagiri is
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`filed as Petitioner Exhibit 1035, whereas a non-redacted version is filed as Exhibit
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`1034, which is to be kept under seal. Mr. Nandagiri’s Second Declaration refers to
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`certain deposition testimony that Patent Owner has designated as confidential
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`under the Protective Order, and other information that Patent Owner has
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`designated as containing confidential and non-public sales and financial
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`information relating to P&G’s Head & Shoulders® products. See Paper 32 at 3
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`(Patent Owner’s Motion to Seal). Because Patent Owner has designated the
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`subject information confidential, Petitioner will defer to Patent Owner to justify its
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`designations in its response hereto, with Petitioner reserving the right to contest
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`any such designations in reply, if deemed warranted by Petitioner.
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`3
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`Inter Partes Review No. IPR2013-00505
`Motion to Seal
`B.
`Certain passages of the deposition testimony of Robert Y. Lochhead,
`Ph.D. taken on September 9, 2014: Exhibit 1036 (unredacted); Exhibit
`1037 (redacted, public)
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`A public, redacted version of the deposition testimony of Robert Y.
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`Lochhead, Ph.D. is filed as Petitioner Exhibit 1037, whereas a non-redacted
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`version is filed as Exhibit 1036, which is to be kept under seal. Patent Owner has
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`designated certain passages of the deposition testimony of Robert Y. Lochhead,
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`Ph.D. as confidential pursuant to the Protective Order. Because Patent Owner has
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`designated the subject information confidential, Petitioner will defer to Patent
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`Owner to justify its designations in its response hereto, with Petitioner reserving
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`the right to contest any such designations in reply, if deemed warranted by
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`Petitioner.
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`C.
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`Certain passages of the deposition testimony of Radu Maftei taken on
`August 29, 2014: Exhibit 1038 (unredacted); Exhibit 1039 (redacted,
`public)
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`A public, redacted version of the deposition testimony of Radu Maftei is
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`filed as Petitioner Exhibit 1039, whereas a non-redacted version is filed as Exhibit
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`1038, which is to be kept under seal. Patent Owner has designated certain
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`passages of the deposition testimony of Radu Maftei as confidential pursuant to the
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`Protective Order. Because Patent Owner has designated the subject information
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`confidential, Petitioner will defer to Patent Owner to justify its designations in its
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`4
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`Inter Partes Review No. IPR2013-00505
`Motion to Seal
`response hereto, with Petitioner reserving the right to contest any such designations
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`in reply, if deemed warranted by Petitioner.
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`D. Certain passages of the deposition testimony of Philip A. Geis, Ph.D.
`taken on September 5, 2014: Exhibit 1041 (unredacted); Exhibit 1042
`(redacted, public)
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`A public, redacted version of the deposition testimony of Philip A. Geis,
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`Ph.D. is filed as Petitioner Exhibit 1042, whereas a non-redacted version is filed as
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`Exhibit 1041, which is to be kept under seal. Patent Owner has designated certain
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`passages of the deposition testimony of Philip A. Geis, Ph.D. as confidential
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`pursuant to the Protective Order. Because Patent Owner has designated the subject
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`information confidential, Petitioner will defer to Patent Owner to justify its
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`designations in its response hereto, with Petitioner reserving the right to contest
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`any such designations in reply, if deemed warranted by Petitioner.
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`E.
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`Certain passages of the deposition testimony of Eric S. Johnson, Ph.D.
`taken on September 15, 2014: Exhibit 1043 (unredacted); Exhibit
`1044 (redacted, public)
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`A public, redacted version of the deposition testimony of Eric S. Johnson,
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`Ph.D. is filed as Petitioner Exhibit 1044, whereas a non-redacted version is filed as
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`Exhibit 1043, which is to be kept under seal. Patent Owner has designated certain
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`passages of the deposition testimony of Eric S. Johnson, Ph.D. as confidential
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`pursuant to the Protective Order. Because Patent Owner has designated the subject
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`information confidential, Petitioner will defer to Patent Owner to justify its
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`5
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`Inter Partes Review No. IPR2013-00505
`Motion to Seal
`designations in its response hereto, with Petitioner reserving the right to contest
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`any such designations in reply, if deemed warranted by Petitioner.
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`F.
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`Exhibit 1048 – Sales Data for Patent Owner Head & Shoulders®
`products: Exhibit 1048 (unredacted); Exhibit 1049 (redacted, public)
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`A public, redacted version of the Exhibit 1048 is filed as Petitioner Exhibit
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`1049, whereas a non-redacted Exhibit 1048 is to be kept under seal. The redacted
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`information contains information that Patent Owner has designated as containing
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`confidential and non-public sales and financial information relating to Patent
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`Owner’s Head & Shoulders® products. See Paper 32 at 4 (Patent Owner’s Motion
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`to Seal). Patent Owner has claimed that, if this information were published,
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`current and potential competitors would have access to sensitive financial and sales
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`data relating to Patent Owner’s Head & Shoulders® products. Id. Because Patent
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`Owner has designated the subject information confidential, Petitioner will defer to
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`Patent Owner to justify its designations in its response hereto, with Petitioner
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`reserving the right to contest any such designations in reply, if deemed warranted
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`by Petitioner.
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`Dated: September 23, 2014
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`Respectfully submitted,
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` By: /Joseph P. Meara/
`Joseph P. Meara
`Registration No. 44,932
`Counsel for Petitioner
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`6
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`Inter Partes Review No. IPR2013-00505
`Motion to Seal
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`CERTIFICATE OF SERVICE
`I hereby certify that a true and correct copy of the foregoing
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`PETITIONER’S MOTION TO SEAL is being served by electronic mail
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`September 23, 2014 on counsel for Patent Owner as follows:
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`David M. Maiorana
`John V. Biernacki
`Michael S. Weinstein
`JONES DAY
`North Point
`901 Lakeside Avenue
`Cleveland, Ohio 44114
`Telephone (216) 586-3939
`Facsimile (216) 579-0212
`dmaiorana@jonesday.com
`jvbiernacki@jonesday.com
`msweinstein@jonesday.com
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`Dated: September 23, 2014
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`Steven W. Miller
`Kim W. Zerby
`Carl J. Roof
`Angela K. Haughey
`THE PROCTOR &
`GAMBLE COMPANY
`299 E. Sixth Street
`Cincinnati, Ohio 45202
`Telephone (513) 983-1246
`Facsimile (513) 945-2729
`miller.sw@pg.com
`zerby.kw@pg.com
`roof.cj@pg.com
`haughey.a@pg.com
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`Respectfully submitted,
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`By: /Joseph P. Meara/
`Joseph P. Meara
`Reg. No. 44,932
`Foley & Lardner LLP
`Counsel for Petitioner
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`1
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