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` Paper No. 2
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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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`RPX CORPORATION.
`Petitioner,
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`v.
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`VIRNETX, INC. AND SCIENCE APPLICATION INTERNATIONAL
`CORPORATION,
`Patent Owner
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`Patent No. 7,490,151
`Issued: Feb. 10, 2009
`Filed: Sep. 30, 2002
`Inventors: Edmund C. Munger, et al
`Title: Establishment of a Secure Communication Link Based Domain Name
`Service (DNS) Request
`____________________
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`Inter Partes Review No. IPR2014-00173
`__________________________________________________________________
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`MOTION TO SEAL EXHIBITS UNDER 47 C.F.R. §§ 42.14 AND 42.55
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`Pursuant to 37 C.F.R. §§ 42.14 and 42.55, Petitioner RPX hereby moves to
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`seal Exhibits 1072 and 1073, which are, respectively, a generic RPX addendum
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`agreement and a client’s executed copy of the RPX addendum agreement that are
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`related to its Research & Development program.
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`I.
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`Reasons for Sealing Exhibit
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`The standard governing the Board’s determination of whether to grant a
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`motion to seal is “good cause.” Garmin v. Cuozzo, IPR2012-00001, Paper 36 April
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`5, 2013). In that regard, the Board must “strike a balance between the public’s
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`interest in maintaining a complete and understandable file history and the parties’
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`interest in protecting truly sensitive information.” Id.
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`Exhibits 1072 and 1073 constitute confidential business information relating
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`to an RPX initiative. The terms and language of these agreements are RPX
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`confidential business information and its client’s confidential business information
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`that Petitioner has not made publicly available. The unprotected disclosure of these
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`agreements could be used by Petitioner’s competitors for their own interests.
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`Petitioner believes these agreements have no bearing on the real party in
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`interest in this proceeding. However, to avoid any potential dispute and in the
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`interest of full disclosure, Petitioner provides these exhibits for the Board’s review
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`and to clarify that the decisions related to this proceeding and the control of this
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`proceeding are solely at the discretion of Petitioner. Petitioner further notes that
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`Page 2
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`because the details of these agreements are unimportant to the merits of this case,
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`the public’s interest in having access to Exhibits 1072 and 1073 is minimal. See
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`Garmin v. Cuozzo, IPR2012-00001, Paper 36 at 8-9 (April 5, 2013). The Petitioner
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`therefore respectfully requests that Exhibits 1072 and 1073 remain under seal.
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`Finally, Petitioner notes that because this motion is being filed pursuant to
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`37 C.F.R. § 42.55, Petitioner has not conferred with the Patent Owner.
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`II.
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`PROPOSED PROTECTIVE ORDER
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`Pursuant § 42.55(a), Petitioner proposes that the default protective order
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`found in appendix B of the Trial Practice Guide be entered. Petitioner understands
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`that pursuant to that section, it needs not serve Exhibits 1072 and 1073 on the
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`Patent Owner until the Patent Owner agrees to the terms of the default protective
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`order or otherwise obtains relief from the Board.
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`Dated: November 20, 2013
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`Respectfully Submitted,
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`/Gregory M. Howison, Reg. #30646/
`Gregory M. Howison
`Registration No. 30646
`Howison & Arnott, L.L.P.
`Lincoln Centre II
`5420 LBJ Freeway, Suite 660
`Dallas, Texas 75240-2318
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`Page 3
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`CERTIFICATE OF SERVICE
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`I hereby certify that on this 20th day of November 2013, a copy of this
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`MOTION TO SEAL EXHIBITS UNDER 47 C.F.R. §§ 42.14 AND 42.55, has
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`been served in its entirety by Federal Express on the following counsel of record
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`for patent owner:
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`Joseph E. Palys
`Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
`11955 Freedom Drive
`Reston, VA 20190-5675
`Phone: (571) 203-2700
`Fax: (202) 408-4400
`E-mail: joseph.palys@finnegan.com
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`Naveen Modi
`Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
`901 New York Avenue, NW
`Washington, DC 20001-4413
`Telephone: (202) 408-4065
`Facsimile: (202) 408-4400
`E-mail: naveen.modi@finnegan.com
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`Dated:
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`November 20, 2013
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`Respectfully submitted,
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`/Gregory M. Howison Reg. #30646/
`Gregory M. Howison
`Reg. No. 30646
`Attorney for Petitioner
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`Page 4
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