`
`
`Served on behalf of: VirnetX Inc.
`By:
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`Joseph E. Palys
`Paul Hastings LLP
`875 15th Street NW
`Washington, DC 20005
`Telephone: (202) 551-1996
`Facsimile: (202) 551-0496
`E-mail: josephpalys@paulhastings.com
`
`
`
`
`
`Paper No.
`Filed: January 2, 2015
`
`Naveen Modi
`Paul Hastings LLP
`875 15th Street NW
`Washington, DC 20005
`Telephone: (202) 551-1990
`Facsimile: (202) 551-0490
`E-mail: naveenmodi@paulhastings.com
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`MICROSOFT CORPORATION
`Petitioner
`
`v.
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`VIRNETX INC.
`Patent Owner
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`
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`
`
`
`
`Case IPR2014-00610
`Patent 7,490,151 B2
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`
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`PATENT OWNER’S MOTION TO SEAL
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` Patent Owner VirnetX Inc. (“VirnetX”) requests permission to seal the
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`Case IPR2014-00610
`Patent No. 7,490,151
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`
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`documents contained in Exhibit 2037 under 37 C.F.R. § 42.54. Exhibit 2037 is a
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`transcript of a conference call that contains confidential information regarding a
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`confidential settlement agreement between Petitioner Microsoft Corporation
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`(“Microsoft”) and Patent Owner. Because Exhibit 2037 contains confidential
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`information, Patent Owner respectfully requests permission to seal Exhibit 2037.
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`I.
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`Exhibit 2037
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`On December 19, 2014, the Board held a conference call with the parties to
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`discuss the filing of a Motion to Terminate in light of a settlement between Patent
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`Owner and Petitioner. Exhibit 2037 is a transcript of that call and contains a
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`description of terms within the confidential settlement agreement. Because of its
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`confidential nature, Exhibit 2037 should be sealed.
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`II. Good Cause Exists for Sealing Exhibit 2037
`In determining whether to grant a Motion to Seal, the Board must “strike a
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`balance between
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`the public’s
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`interest
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`in maintaining a complete and
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`understandable file history and the parties’ interest in protecting truly sensitive
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`information.” Office Patent Trial Practice Guide, 77 Fed. Reg. 48771, 48760
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`(Aug. 14, 2012). “A party intending a document or thing to be sealed shall file a
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`motion to seal concurrent with the filing of the document or thing to be sealed.” 37
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`C.F.R. § 42.14. “The rules identify confidential information in a manner consistent
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`1
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`with Federal Rule of Civil Procedure 26(c)(1)(G), which provides for protective
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`Case IPR2014-00610
`Patent No. 7,490,151
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`orders for trade secret or other confidential research, development, or commercial
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`information.” Trial Practice Guide at 48760. “The Board may, for good cause,
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`issue an order to protect a party or person from disclosing confidential
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`information.” 37 C.F.R. § 42.54.
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`Exhibit 2037 is a transcript of a conference call between the Board and the
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`parties that is being filed concurrently with this motion. The transcript includes a
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`discussion of terms within the confidential settlement agreement. The discussion
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`of terms constitutes confidential business information. Both Patent Owner and
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`Petitioner have an expectation that the details of the settlement agreement will
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`remain confidential, as evidenced by their filing of a Joint Request to Treat the
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`Settlement Agreement as Business Confidential Information (Paper No. 15). Thus,
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`Patent Owner respectfully submits that good cause exists for filing this exhibit
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`under seal in this proceeding.
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`III. Certification of Non-Publication
`On behalf of Patent Owner, undersigned counsel certifies the information
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`sought to be sealed by this Motion to Seal has not, to their knowledge, been
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`published or otherwise made public. Efforts to maintain the confidentiality of this
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`type of information have been undertaken by Patent Owner and Petitioner in the
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`related district court proceeding between the parties.
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`
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`2
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`IV. Proposed Protective Order
`Patent Owner proposes that the default protective order found in Appendix B
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`Case IPR2014-00610
`Patent No. 7,490,151
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`of the Trial Practice Guide be entered.
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`V. Certification of Conference with Opposing Party Pursuant to 37 C.F.R.
`§ 42.54
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`Patent Owner has in good faith conferred with Petitioner as to the scope of
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`the proposed Protective Order. Petitioner has agreed to the provisions in the
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`Board’s Default Protective Order set forth in the Office Patent Trial Practice Guide
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`(77 Fed. Reg. 48771 (Aug. 14, 2012)) and also agrees with the redactions to
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`Exhibit 2037.
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`
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`Dated: January 2, 2015
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`Respectfully submitted,
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` /Joseph E. Palys/
`Joseph E. Palys
`Registration No. 46,508
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`Counsel for VirnetX Inc.
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`
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`3
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`
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`CERTIFICATE OF SERVICE
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`Case IPR2014-00610
`Patent 7,490,151
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`I hereby certify that on this 2nd day of January 2015, a copy of the foregoing
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`Motion to Seal was served by electronic mail upon the following:
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`W. Karl Renner
`Kevin E. Greene
`FISH & RICHARDSON P.C.
`3200 RBC Plaza
`60 South Sixth Street
`Minneapolis, MN 55402
`IPR38868-0006IP1@fr.com
`
`
`Counsel for Petitioner Microsoft Corporation
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`
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`
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`Dated: January 2, 2015
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`Respectfully submitted,
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`
`
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`
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`/Joseph E. Palys/
`Joseph E. Palys
`Counsel for VirnetX Inc.
`
`
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