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`Paper No. ___
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`Filed on behalf of: Telefonaktiebolaget L. M. Ericsson
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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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`BROADCOM CORPORATION
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`Petitioner
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`v.
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`TELEFONAKTIEBOLAGET L.M. ERICSSON
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`Patent Owner
`____________________
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`Case IPR2013-00601
`U.S. Patent Nos. 6,772,215
`____________________
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`MOTION TO SEAL
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`Paper No. ___
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`Patent Owner Telefonaktiebolaget L.M. Ericsson (“Ericsson”) requests
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`permission to seal its Patent Owner Response and this Motion to Seal under 37
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`C.F.R. § 42.14, as each refers to Exhibit 2009, which is already sealed in this
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`matter. Exhibit 2009 contains confidential information regarding Petitioner
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`Broadcom Inc.’s (“Broadcom”) confidential Complaint filed in the European
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`Commission. Because the Patent Owner Response and this Motion to Seal each
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`refers to this confidential information, Ericsson respectfully requests permission to
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`seal each Paper.
`I.
`Exhibit 2009
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`On July 16, 2012, Broadcom submitted a Complaint with the European
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`Commission. Exhibit 2009 contains Broadcom’s Complaint to DG Competition
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`Against Telefonaktiebolaget LM Ericsson For Abusive Assertion of RAND-
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`Committed 802.11n Patents in Breach of Article 102 TFEU (“E.C. Complaint”).
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`As noted on the face of the pleading, the E.C. Complaint is designated as
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`“HIGHLY CONFIDENTIAL.” The E.C. Complaint remains confidential pending
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`a ruling by the European Commission on whether to institute an investigation.
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`Because of their confidential nature and the ongoing actions in the European
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`Commission, these exhibits should be sealed pending the outcome of the Board’s
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`decision in this matter.
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`//
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`//
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`//
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`Paper No. ___
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`II. Ericsson’s Patent Owner Response and this Motion to Seal
`References Confidential Information and Should be Sealed.
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`Under 35 U.S.C. § 316(a)(1), the default rule is that all papers filed in an
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`inter partes review are open and available for access by the public, but a party may
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`file a concurrent motion to seal documents. In addition, 37 C.F.R. § 42.14
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`provides:
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`The record of a proceeding, including documents and things,
`shall be made available to the public, except as otherwise ordered. A
`party intending a document or thing to be sealed shall file a motion to
`seal concurrent with the filing of the document or thing to be sealed.
`The document or thing shall be provisionally sealed on receipt of the
`motion and remain so pending the outcome of the decision on the
`motion.
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`Only “confidential information” is protected from public disclosure. 35
`U.S.C. § 316(a)(7); Office Trial Practice Guide, 77 Fed. Reg. 48756, 48760 (Aug.
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`14, 2012). The Board will only grant a motion to seal for “good cause.” 37 C.F.R.
`§ 42.54; Garmin Int’l, Inc. v. Cuozzo Speed Technologies, LLC, IPR2012-00001,
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`Paper No. 34 at 3 (2013).
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`Here, Ericsson has good cause for seeking permission to place its Patent
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`Owner Response and this Motion under seal pending the outcome of the decision.
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`The E.C. Complaint includes confidential business information relating to the
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`Ericsson’s license negotiations with a number of parties. The Complaint was
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`forwarded to Ericsson with the expectation that it would remain confidential
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`pending its investigation. No formal action has yet been taken by the European
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`Commission subsequent to Petitioner’s E.C. Complaint, and all information therein
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`remains confidential. Both Ericsson and Broadcom previously requested that
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`Paper No. ___
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`Exhibit 2009 be sealed, and the Board agreed by agreeing to seal Exhibit 2009.
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`Therefore, Ericsson respectfully requests permission to seal its Patent Owner
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`Response and this Motion to Seal, which refer to Exhibit 2009.
`III. Proposed Protective Order
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`Ericsson originally proposed that the default protective order found in
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`Appendix B of the Trial Practice Guide be entered, and renews its request.
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`IV. Certification of Conference with Opposing Party Pursuant to 37
`C.F.R. § 42.54.
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`A motion to seal requires a certification that the moving party has in good
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`faith conferred or attempted to confer with the opposing party in an effort to agree
`as to the scope of the proposed protective order. 37 C.F.R. § 42.54; Garmin,
`supra, at 3. Counsel for Ericsson conferred with counsel for Petitioner and the
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`parties agreed to the continued use of the default protective order.
`V. Conclusion
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`Ericsson respectfully requests that the Board grant this Motion to Seal
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`because it has good cause to seal the confidential exhibits.
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`Dated: June 11, 2014.
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`//
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`//
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`Paper No. ___
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`Respectfully submitted,
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` /Peter J. Ayers/
`PETER AYERS
`Lee & Hayes, PLLC
`13809 Research Blvd., Suite 405
`Austin, TX 78750
`Telephone: 512.505.8162
`Fax: 509.944.4693
`Attorney for Patent Owner Telefinakteibolaget
`LM Ericsson
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`Paper No. ___
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`CERTIFICATE OF SERVICE
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`The undersigned certifies that on June 11, 201 the foregoing MOTION TO
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`SEAL was served via email on Lead and Back-up Counsel for Broadcom
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`Corporation identified in Broadcom’s Mandatory Notices, whom consented to
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`electronic service:
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`Dominic E. Massa, Lead Counsel
`Michael A. Diener, Back-up Counsel
`Wilmer Cutler Pickering Hale and Dorr, LLP
`60 State Street
`Boston, MA 02109
`WH-External-Broadcom-IPR2013-601@wilmerhale.com
`dominic.massa@wilmerhale.com
`michael.diener@wilmerhale.com
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`LEE & HAYES PLLC
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` /Peter J. Ayers/
`Peter J. Ayers, Reg. No. 38,374
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