`Petition for Inter Partes Review
`
`Petitioner Motion to Seal
`
`Papfir N0-
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`FIRST DATA CORPORATION
`
`Petitioner
`
`V.
`
`CARDSOFT INTERNATIONAL PTY LIMITED
`
`Patent Owner
`
`U.S. Patent No. 7,302,683
`
`Filing Date: August 22, 2005
`
`Issue Date: November 27, 2007
`
`Title: METHOD AND APPARATUS FOR
`
`CONTROLLING COMMUNICATIONS
`
`Inter Partes Review No. Unassigned
`
`PETITIONER’S MOTION TO SEAL
`
`
`
`U.S. Pat. No. 7,302,683
`Petition for Inter Partes Review
`
`Petitioner Motion to Seal
`
`PETITIONER’S MOTION TO SEAL
`
`Petitioner, FIRST DATA CORPORATION (First Data), hereby petitions to
`
`seal Ex. 1011, an Agreement between VeriFone, Inc. (VeriFone) and First Data re
`
`Indemnity (signed by Albert Liu, Executive Vice President of VeriFone, and
`
`Christopher Demetriades, Senior Counsel of First Data) and selected passages from
`
`an agreement between VeriFone and First Data including the referenced indemnity.
`
`“Confidential
`
`information” can be protected from disclosure. 35 U.S.C.
`
`§
`
`3l6(a)(7)(“The Director shall prescribe regulations —— ...providing for protective
`
`orders governing the exchange and submission of confidential information”). Id. In
`
`that regard, the Office Patent Trial Practice Guide, 77 Fed. Reg. 48756, 48760
`
`(Aug. 14, 2012), provides:
`
`The rules aim to strike a balance between the public ’s interest in
`
`maintaining a complete and understandable file history and the parties’
`
`interest in protecting truly sensitive information.
`
`
`
`US. Pat. NO. 7,302,683
`Petition for Inter Partes Review
`
`Petitioner Motion to Seal
`
`Paper N0-
`
`Confidential Information: The rules identifv confidential information in a
`
`manner consistent with Federal Rule of Civil Procedure 26(c) (1)(G), which
`
`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.
`
`Ex. 1011 is not substantive prior art evidence in this proceeding.
`
`It is directed to
`
`the issue of standing, and is submitted to support the declaration that First Data is
`
`the only real party in interest.
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`In particular, it is provided to support the statement
`
`in the Petition that VeriFone is not exercising any control in this proceeding. As
`
`such, the public interest is served by the statements in the Petition, and there is not
`
`a public need to see the actual agreement.
`
`Ex. 1011 contains confidential business information of VeriFone and First Data, in
`
`particular regarding the type of agreement they have entered into for the relevant
`
`products, and the particular terms they have agreed to. Disclosure of such terms
`
`
`
`U.S. Pat. NO. 7,302,683
`Petition for Inter Partes Review
`
`Petitioner Motion to Seal
`
`Papfif N0.
`
`could prejudice them in future negotiations on similar agreements, and would
`
`provide competitors with confidential business information.
`
`PROPOSED PROTECTIVE ORDER
`
`Petitioner proposes that the default protective order found under appendix B of the
`
`Trial Practice Guide be entered.
`
`Dated: May 1, 2014
`Paul C. Haughey, Lead Cosel
`
`For Petitioner
`
`
`
`U.S. Pat. No. 7,302,683
`Petition for Inter Partes Review
`
`Petitioner Motion to Seal
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that a copy of the foregoing
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`Petitioner’s Motion to Seal was served on May 1, 2014 by placing a copy
`
`into Express Mail directed to the attorneys of record for the patent at the
`
`following address:
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`Cardsoft (Assignment for the Benefit of Creditors), LLC
`
`1100 La Avenida Street, Bldg. A
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`Mountain View, CA 94043
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` Dated: May 1, 2014
`
`By:
`
`I
`Pal C. Haughey
`Registration No. 31,83 ‘ I
`Counsel for Petitioner
`
`66252230V.l
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