`Petition for Inter Partes Review
`Petitioner Motion to Seal
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`Paper No.
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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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`FIRST DATA CORPORATION
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`Petitioner
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`V.
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`CARDSOFT INTERNATIONAL PTY LIMITED
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`Patent Owner
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`US. Patent No. 6,934,945
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`Filing Date: October 22, 1999
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`Issue Date: August 23, 2005
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`Title: METHOD AND APPARATUS FOR
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`CONTROLLING COMMUNICATIONS
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`Inter Partes Review No. Unassigned
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`PETITIONER’S MOTION TO SEAL
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`US. Pat. No. 6,934,945
`Petition for Inter Partes Review
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`Petitioner Motion to Seal
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`PETITIONER’S MOTION TO SEAL
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`Petitioner, FIRST DATA CORPORATION (First Data), hereby petitions to
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`seal EX. 1011, an Agreement between VeriFone, Inc. (VeriFone) and First Data re
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`Indemnity (signed by Albert Liu, Executive Vice President of VeriFone, and
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`Christopher Demetriades, Senior Counsel of First Data) and selected passages from
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`an agreement between VeriFone and First Data including the referenced indemnity.
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`“Confidential
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`information” can be protected from disclosure. 35 U.S.C.
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`§
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`316(a)(7)(“The Director shall prescribe regulations -— ...providing for protective
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`orders governing the exchange and submission of confidential information”). Id. In
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`that regard, the Office Patent Trial Practice Guide, 77 Fed. Reg. 48756, 48760
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`(Aug. 14, 2012), provides:
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`The rules aim to strike a balance between the public ’s interest in
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`maintaining a complete and understandable file history and the parties’
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`interest in protecting truly sensitive information.
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`***
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`US. Pat. No. 6,934,945
`Petition for Inter Partes Review
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`Petitioner Motion to Seal
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`Paper No.
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`Confidential Information: The rules identify confidential information in a
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`manner consistent with Federal Rule of Civil Procedure 26(c)(1)(G), which
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`provides for protective orders for trade secret or other confidential
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`research, development, or commercial information. § 42.54.
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`The standard for granting a motion to seal is “for good cause.” 37 C.F.R. § 42.54.
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`Ex. 1011 is not substantive prior art evidence in this proceeding.
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`It is directed to
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`the issue of standing, and is submitted to support the declaration that First Data is
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`the only real party in interest.
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`In particular, it is provided to support the statement
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`in the Petition that VeriFone is not exercising any control in this proceeding. As
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`such, the public interest is served by the statements in the Petition, and there is not
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`a public need to see the actual agreement.
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`Ex. 1011 contains confidential business information of VeriFone and First Data, in
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`particular regarding the type of agreement they have entered into for the relevant
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`products, and the particular terms they have agreed to. Disclosure of such terms
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`US. Pat. No. 6,934,945
`Petition for Inter Partes Review
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`Petitioner Motion to Seal
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`Paper No.
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`could prejudice them in future negotiations on similar agreements, and would
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`provide competitors with confidential business information.
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`PROPOSED PROTECTIVE ORDER
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`Petitioner proposes that the default protective order found under appendix B of the
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`Trial Practice Guide be entered.
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` Dated: April 30, 2014
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`By:
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`Paul C. Haughey, Lead Coun I
`For Petitioner
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`US. Pat. No. 6,934,945
`Petition for Inter Partes Review
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`Petitioner Motion to Seal
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that a copy of the foregoing
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`Petitioner’s Motion to Seal was served on April 30, 2014 by placing a copy
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`into Express Mail directed to the attorneys of record for the patent at the
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`following address:
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`Cardsoft (Assignment for the Benefit of Creditors), LLC
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`1100 La Avenida Street, Bldg. A
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`Mountain View, CA 94043
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` Dated: April 30, 2014
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`By:
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`Paul C. Haughey
`Registration No. 31,836/ /
`Counsel for Petitioner
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`66249936V.l
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`