`571-272-7822
`
`Paper 26
`Date: May 19, 2014
`
`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
`
`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
`
`related lawsuit, Case No. 2: 12-cv-05680-AB (ED. Pa);
`
`(2) Exhibit 2020, which is an exhibit from Ms. Brady’s deposition;
`
`(3) Exhibit 2022, which is a declaration by Philip Green, a witness for Patent
`
`Owner in this trial, and
`
`(4) Paper 24, which is Patent Owner’s response to the petition.1
`
`Pursuant to 37 C.F.R. § 42.14, a party may file a motion to seal along with
`
`the filing of the subject documents to be sealed. The subject documents are
`
`provisionally sealed pending the outcome of the motion. Id. Consistent with this
`
`rule, Patent Owner filed the above-identified documents under seal along with its
`
`motion to seal. Consistent with paragraph 4(a)(ii) of the protective order in this
`
`proceeding (Paper 25), Patent Owner also filed redacted, public versions of the
`
`documents. See Paper 23, Exs. 2027—2029.2
`
`Patent Owner states that the transcript of Ms. Brady’s deposition
`
`(Exhibit 2019) and an exhibit used during that deposition (Exhibit 2020) contain
`
`information designated by Petitioner as “Highly Confidential -- Attorneys’ Eyes
`
`Only” under a protective order entered in the related lawsuit. Mot. at 3-4. Patent
`
`Owner further states that it understands the documents to contain confidential
`
`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
`
`DMC Exhibit 2119_002
`
`
`
`Case IPR20l3-00532
`
`Pate11t RE43,53l E
`
`business activities and strategies concerning the portion of Petitioner’s business
`
`directed to developing and selling maternity garments. Id.
`
`Patent Owner states that the declaration of Philip Green (Exhibit 2022)
`
`contains its own confidential information, in particular, “highly sensitive,
`
`confidential financial information related to Patent Owner’s sales of maternity
`
`products.” Mot. at 4. Also, the declaration relies on confidential documents
`
`produced in the related lawsuit. Id.
`
`Finally, Patent Owner states that its response (Paper 24) also includes
`
`confidential information by virtue of its inclusion of portions of the
`
`aforementioned documents (i.e., Exhibits 2019, 2020, and 2022).
`
`Petitioner has not opposed the motion. We grant the motion.
`
`Accordingly, it is
`
`ORDERED that Paper 24 and Exhibits 2019, 2020, and 2020 shall
`
`remain sealed.
`
`FURTHER ORDERED that Exhibits 2027 and 2028 shall be
`
`expunged, and
`
`FURTHER ORDERED that Patent Owner shall file replacement
`
`exhibits for Exhibits 2027 and 2028 within 10 business days of this Order; the
`
`replacement for Exhibit 2027 shall contain the first four pages of Exhibit 2019
`
`without redaction; the replacement for Exhibit 2028 shall reveal the stamped
`
`deposition exhibit number that is apparent on Exhibit 2020.
`
`DMC Exhibit 2119_003
`
`
`
`Case IPRZOI3-00532
`
`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
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