`571-272-7822
`
`Paper 26
`Date: May 19, 2014
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`TARGET CORPORATION,
`Petitioner
`
`V.
`
`DESTINATION MATERNITY CORPORATION,
`Patent Owner
`
`Case IPR2013-00532
`
`Patent RE43,531 E
`
`Before JENNIFER S. BISK, MICHAEL J. FITZPATRICK, and
`MITCHELL G. WEATHERLY, Administrative Patent Judges.
`
`FITZPATRICK, Administrative Patent Judge.
`
`ORDER
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`Patent Owner Motion To Seal
`
`37 C.F.R. § 42.14
`
`DMC Exhibit 2119_0O1
`
`
`
`Case IPR20l3-00532
`
`Pate11t RE43,53l E
`
`On May 5, 2014, Patent Owner, Destination Maternity Corporation, filed a
`
`motion to seal certain documents. Paper 22, “Mot.” The subject documents are:
`
`(1) Exhibit 2019, which is a transcript of a deposition of Amy Brady in a
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`related lawsuit, Case No. 2: 12-cv-05680-AB (ED. Pa);
`
`(2) Exhibit 2020, which is an exhibit from Ms. Brady’s deposition;
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`(3) Exhibit 2022, which is a declaration by Philip Green, a witness for Patent
`
`Owner in this trial, and
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`(4) Paper 24, which is Patent Owner’s response to the petition.1
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`Pursuant to 37 C.F.R. § 42.14, a party may file a motion to seal along with
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`the filing of the subject documents to be sealed. The subject documents are
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`provisionally sealed pending the outcome of the motion. Id. Consistent with this
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`rule, Patent Owner filed the above-identified documents under seal along with its
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`motion to seal. Consistent with paragraph 4(a)(ii) of the protective order in this
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`proceeding (Paper 25), Patent Owner also filed redacted, public versions of the
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`documents. See Paper 23, Exs. 2027—2029.2
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`Patent Owner states that the transcript of Ms. Brady’s deposition
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`(Exhibit 2019) and an exhibit used during that deposition (Exhibit 2020) contain
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`information designated by Petitioner as “Highly Confidential -- Attorneys’ Eyes
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`Only” under a protective order entered in the related lawsuit. Mot. at 3-4. Patent
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`Owner further states that it understands the documents to contain confidential
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`1 Patent Owner’s motion to seal also requests sealing of a motion to amend, see
`Mot. at 2, but no motion to amend was filed.
`2 Exhibits 2027 and 2028 are completely redacted, such that the public cannot
`discern, from the exhibits themselves, what they are.
`
`2
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`DMC Exhibit 2119_002
`
`
`
`Case IPR20l3-00532
`
`Pate11t RE43,53l E
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`business activities and strategies concerning the portion of Petitioner’s business
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`directed to developing and selling maternity garments. Id.
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`Patent Owner states that the declaration of Philip Green (Exhibit 2022)
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`contains its own confidential information, in particular, “highly sensitive,
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`confidential financial information related to Patent Owner’s sales of maternity
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`products.” Mot. at 4. Also, the declaration relies on confidential documents
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`produced in the related lawsuit. Id.
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`Finally, Patent Owner states that its response (Paper 24) also includes
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`confidential information by virtue of its inclusion of portions of the
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`aforementioned documents (i.e., Exhibits 2019, 2020, and 2022).
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`Petitioner has not opposed the motion. We grant the motion.
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`Accordingly, it is
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`ORDERED that Paper 24 and Exhibits 2019, 2020, and 2020 shall
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`remain sealed.
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`FURTHER ORDERED that Exhibits 2027 and 2028 shall be
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`expunged, and
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`FURTHER ORDERED that Patent Owner shall file replacement
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`exhibits for Exhibits 2027 and 2028 within 10 business days of this Order; the
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`replacement for Exhibit 2027 shall contain the first four pages of Exhibit 2019
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`without redaction; the replacement for Exhibit 2028 shall reveal the stamped
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`deposition exhibit number that is apparent on Exhibit 2020.
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`DMC Exhibit 2119_003
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`
`
`Case IPRZOI3-00532
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`Pate11t RE43,531 E
`
`For PETITIONER:
`
`Norman Hedges
`Norm an .hedges@faegrebd.c0m
`
`Trevor Carter
`
`TreV0r.carter@faegrebd.c01n
`
`Daniel Lechleiter
`
`Daniel.1ech1eiter@faegrebd.c0m
`
`For PATENT OWNER:
`
`Paul Taufer
`
`Pau1.taufer@d1apiper.com
`
`Michael Burns
`
`Michael.bur11s@d1apiper.c0m
`
`Stuart Pollack
`
`Stuart.p011ack@d1apiper.c0m
`
`DMC Exhibit 2119_004