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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`
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`ARRIS GROUP, INC.
`Petitioner
`
`v.
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`C-CATION TECHNOLOGIES, LLC
`Patent Owner
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`
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`Case: IPR2014-00746
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`
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`PETITIONER’S UNOPPOSED MOTION FOR ENTRY OF THE
`DEFAULT PROTECTIVE ORDER
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`
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`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`United States Patent and Trademark Office
`PO Box 1450
`Alexandria, Virginia 22313–1450
`Submitted Electronically via the Patent Review Processing System
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`
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`I.
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`INTRODUCTION
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`Petitioner ARRIS Group, Inc. hereby moves for entry of the Board’s Default
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`Protective Order in this proceeding. See Ex. 1026. As shown below, good cause
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`exists for entry of a protective order given the sensitive and confidential nature of
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`the materials the Board Ordered Petitioner to produce to Patent Owner.
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`II.
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`PROCEDURAL BACKGROUND AND PRIOR AUTHORIZATION
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`On July 24, 2014, the Board granted Patent Owner’s Motion for Additional
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`Discovery relating to agreements under which Comcast requested indemnification
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`from ARRIS in a litigation brought by C-Cation in Texas against Comcast. See
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`ARRIS Group, Inc. v. C-Cation Techs., LLC, IPR2014-00746, Paper 15 (Jul. 24,
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`2014). In its Order, the Board authorized Petitioner “to file a motion or protective
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`order pursuant to the guidance provided in our Order dated July 2, 2014, Paper 9,
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`in this proceeding.” Following the guidance provided in Paper 9, Petitioner has
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`conferred with Patent Owner and the parties agree to the entry of the Default
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`Protective Order in these proceedings. Patent Owner has indicated it does not
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`oppose the relief sought in this Motion.
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`III. A PROTECTIVE ORDER IS WARRANTED TO PROTECT ARRIS’
`CONFIDENTIAL AND SENSITIVE BUSINESS INFORMATION
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`In Paper 15, the Board ordered Petitioner to produce “Agreement(s) between
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`Arris and Comcast under which Comcast requested indemnification for the claims
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`brought against Comcast in the Texas Litigation that reference (or are contingent
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`on) Arris’s ability to control the litigation.” IPR2014-00746, Paper 15 at 5.
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`Petitioner is prepared to produce agreements identified after a reasonable search of
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`its files after an investigation into the subject matter requested.
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`The agreements to be produced, however, include highly sensitive business
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`information including the terms and conditions that govern Petitioner’s business
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`relationship with its largest customer. To the extent that these agreements—
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`including the provisions that Patent Owner wishes to rely on—are disseminated
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`publicly, it would cause irreparable competitive harm to Petitioner and, perhaps to
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`third party Comcast. See Decl. of T. Van Aacken (Ex. 1027) at ¶ 5. These
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`agreements include provisions related to confidentiality, and are treated by
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`Petitioner as confidential business information. Id. ¶¶ 3-4. As such, access to
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`these agreements is restricted. Id. ¶ 4.
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`Given the sensitive nature of the information to be produced in response to
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`the Board’s Order, Petitioner respectfully submits that entry of the Default
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`Protective Order is appropriate in this proceeding.
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`IV. CONCLUSION
`For the foregoing reasons, Petitioner respectfully requests that the Board
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`enter an Order requiring the parties to abide by the Board’s Default Protective
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`Order. See Ex. 1026.
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`2
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`Dated: July 31, 2014
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`Respectfully submitted,
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`/Andrew R. Sommer/
`Andrew R. Sommer
`Reg. No. 53,932
`Lead Counsel for Petitioner ARRIS
`Group, Inc.
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`3
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 C.F.R. §§ 42.6(e) and 42.105(a), this is to certify that on July
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`31, 2014, I caused to be served a true and correct copy of the foregoing
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`“PETITIONER’S UNOPPOSED MOTION FOR ENTRY OF THE
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`DEFAULT PROTECTIVE ORDER” including Exhibits 1026 (default protective
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`order) and 1027 (Decl. of T. Van Aacken) by electronic mail on counsel for the
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`Patent Owner at:
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`Lewis V. Popoviski
`lpopoviski@kenyon.com
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`Jeffrey S. Ginsberg
`jginsberg@kenyon.com
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`David J. Kaplan
`djkaplan@kenyon.com
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`David J. Cooperberg
`dcooperberg@kenyon.com
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`Dated: July 31, 2014
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`WINSTON & STRAWN LLP
`1700 K Street NW
`Washington, DC 20006
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`1
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`Respectfully submitted,
`
`/Andrew R. Sommer/
`Andrew R. Sommer
`(Reg. No. 53,932)
`Counsel for Petitioner ARRIS Group,
`Inc.
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