`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________
`
`TARGET CORPORATION
`Petitioner
`
`v.
`
`DESTINATION MATERNITY CORPORATION
`Patent Owner
`_____________
`
`Case No. IPR2013-00532
`(U.S. Patent No. RE43,531)
`_____________
`
`Dated: July 11, 2014
`
`Before JENNIFER S. BISK, MICHAEL J. FITZPATRICK, and
`MITCHELL G. WEATHERLY Administrative Patent Judges.
`
`PATENT OWNER’S MOTION FOR ENTRY TO SEAL
`UNDER 37 C.F.R. §42.54
`
`
`
`Pursuant
`
`to 37 C.F.R. § 42.14, Patent Owner Destination Maternity
`
`Corporation (“Patent Owner”) hereby moves to seal the following: (1) Secret Fit
`
`Belly Historical Sales & GM.xls (Ex. 2056); (2) Belly not Secret Fit 2009_2013
`
`Kohl's.xls (Ex. 2058); (3) Belly not Secret Fit HE,MH,Out.xls (Ex. 2060); (4)
`
`Belly Secret Fit Kohl's 10-18-13.xls (Ex. 2062); (5) Figures 2 and 3 of the Green
`
`Declaration (Ex. 2064); (6) Exhibit C of the Green Declaration (Ex. 2068); (7)
`
`Exhibit D of Green's Declaration (Ex. 2070); and (8) Exhibit D1 of the Green
`
`Declaration (Ex. 2072) (collectively, the “Proposed Sealed Documents”).1 The
`
`Proposed Sealed Documents were filed contemporaneously with this Motion.
`
`Pursuant to the Protective Order entered in this Inter Partes Review, Patent
`
`Owner is also filing partially redacted public versions of the Proposed Sealed
`
`Documents. See Protective Order, ¶ 4 (Paper No. 24).
`
`Because the Proposed Sealed Documents contain proprietary confidential
`
`business information, Patent Owner moves to seal them for good cause explained
`
`in more detail below.
`
`I.
`
`Good Cause Exists for Sealing Confidential Information
`
`The Office Patent Trial Practice Guide provides that “[t]he rules aim to
`
`strike a balance between the public’s interest in maintaining a complete and
`
`1 The Board granted Patent Owner permission to file this Motion in an Order
`
`entered on July 8, 2014.
`
`2
`
`
`
`understandable file history and the parties’ interest in protecting truly sensitive
`
`information.” 77 Fed. Reg. 48756, 48760 (Aug. 14, 2012). Further, those “rules
`
`identify confidential information in a manner consistent with Federal Rule of Civil
`
`Procedure 26(c)(1)(G), which provides for protective orders for trade secret or
`
`other confidential research, development, or commercial information.” Id. (citing
`
`37 C.F.R. § 42.54); see also Illumina v. Columbia University, IPR2013-00011,
`
`Paper 66, Aug. 12, 2013 Dec. (granting a motion to seal “technical and business
`
`information” and “product development information”).
`
`The Proposed Sealed Documents contain information that Patent Owner
`
`maintains is proprietary, sensitive, and confidential business, technical, financial,
`
`and/or strategy information further described below.
`
`The Proposed Sealed Documents contain Patent Owner confidential
`
`information, which is highly sensitive, confidential financial information related to
`
`Patent Owner’s sales of maternity products.
`
`These documents have been
`
`designated “Highly Confidential -- Attorneys' Eyes Only” by Patent Owner under
`
`the Protective Order entered in this Inter Partes Review. Moreover, the Board has
`
`already granted a motion to redact portions of the Green Report and its exhibits,
`
`which are being filed separately here. See Order, Paper No. 29.
`
`II.
`
`Certification of Non-Publication
`
`On behalf of Patent Owner, undersigned counsel certifies the information
`
`3
`
`
`
`sought to be sealed by this Motion to Seal has not, to their knowledge, been
`
`published or otherwise made public.
`
`III. Conclusion
`
`Accordingly, Patent Owner requests that Exhibits 2056, 2058, 2060, 2062,
`
`2064, 2068, 2070 and 2072 be sealed.
`
`Date: July 11, 2014
`
`DLA PIPER LLP (US)
`s/ Paul A. Taufer
`
`Paul A. Taufer (Reg. No. 35,703)
`Michael L. Burns (Reg. No. 57,593)
`DLA Piper LLP (US)
`One Liberty Place
`1650 Market Street, Suite 4900
`Philadelphia, PA 19103
`Phone: (215) 656-3385
`Facsimile: (215) 606-3385
`paul.taufer@dlapiper.com
`michael.burns@dlapiper.com
`
`Stuart Pollack (Reg. No. 43,862)
`DLA Piper LLP (US)
`1251 Avenue of the Americas
`27th Floor
`New York, NY 10020-1104
`Phone: (212) 335-4964
`Facsimile: (212) 884-
`stuart.pollack@dlapiper.com
`
`Attorneys for Patent Owner, Destination
`Maternity Corporation
`
`4
`
`
`
`CERTIFICATE OF SERVICE
`
`The undersigned certifies that on July 11, 2014, a complete and entire copy
`
`of the Patent Owner’s Motion For Entry To Seal Under 37 C.F.R. §42.54 was
`
`provided via email to the Petitioner by serving the email correspondence address
`
`of record as follows:
`
`Norman J. Hedges
`R. Trevor Carter
`Daniel M. Lechleiter
`Faegre Baker Daniels LLP
`300 N. Meridian Street, Suite 2700
`Indianapolis, Indiana 46204-1750
`Phone: (317) 237-0300
`Fax: (317) 237-1000
`Norman.Hedges@FaegreBD.com
`trevor.carter@FaegreBD.com
`daniel.lechleiter@FaegreBD.com
`
`/s/ Paul Taufer
`Paul A. Taufer
`
`5
`
`
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