`
`_______________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_______________________________
`
`ZHONGSHAN BROAD OCEAN MOTOR CO., LTD.; BROAD OCEAN
`MOTOR, LLC; AND BROAD OCEAN TECHNOLOGIES, LLC
`Petitioners
`
`v.
`
`NIDEC MOTOR CORPORATION
`Patent Owner
`
`_______________________________
`
`Case No. IPR2014-01121
`U.S. Patent No. 7,626,349
`
`_______________________________
`
`PETITIONERS’ MOTION TO SEAL
`
`1804448_1
`
`
`
`Pursuant to 37 C.F.R. §§ 42.14 and 42.54, Petitioner Zhongshan Broad
`
`Ocean Motor Co., Ltd.; Broad Ocean Motor; LLC, and Broad Ocean Technologies,
`
`LLC (collectively, “Broad Ocean”) hereby move to seal Petitioners’ Reply and
`
`Exhibits 1014 and 1020. As detailed below, these papers contain confidential and
`
`financial information related to a non-party, Goodman Manufacturing, that Broad
`
`Ocean has not and would never make publicly available, and that provided to
`
`Broad Ocean under a nondisclosure agreement prohibiting their disclosure.
`
`I.
`
`Good Cause Exists For Sealing Certain Confidential Information
`
`Counsel for Broad Ocean and Nidec have agreed on the terms of a modified
`
`protective order relating to the use of confidential information and Exhibits in this
`
`proceeding. Specifically, the Default Protective Order has been amended to
`
`accommodate a second “Attorneys’ Eyes Only” provision to protect highly
`
`confidential material contained in the relevant Exhibits. Patent Owner has filed the
`
`Stipulated Protective Order along with a redline showing how the Stipulated
`
`Protective Order differs from the Board’s Default Protective Order. Patent Owner
`
`has requested that the Board enter the Stipulated Protective Order so that the small
`
`number of identified Exhibits may be designated “Attorneys’ Eyes Only.”
`
`The Confidential Documents in Appendix I constitute or contain portions of
`
`documents that a non-party to this proceeding, Goodman Manufacturing, provided
`
`
`
`to a Broad Ocean employee, Ge Hu, whose declaration is being submitted
`
`contemporaneously herewith. These documents were supplied to Mr. Hu under a
`
`nondisclosure agreement with Goodman, a customer of Broad Ocean. Ex. 1020,
`
`Declaration of Ge Hu. In addition, Petitioner’s expert Ivan Hoffman has cited to
`
`and relied upon certain confidential material of Patent Owner. Portions of these
`
`Confidential Documents have been cited or reproduced in Petitioners’ Reply, and
`
`the accompanying Declarations of Ge Hu and Ivan Hoffman. These portions of
`
`the Petitioners’ Reply, Mr. Hu’s (Ex. 1020), and Mr. Hoffman’s (Ex. 1014)
`
`declarations should also be sealed.
`
`II.
`
`Certification of Non-Publication
`
`Upon information and belief, Counsel for Broad Ocean certifies that the
`
`Confidential Documents sought to be sealed by this Motion have not been
`
`published or otherwise made public, based on Goodman’s designation as
`
`confidential, and based on Patent Owner’s designation.
`
`III. Certification Pursuant to 37 C.F.R.§ 42.54
`
`Broad Ocean has conferred with Patent Owner in good faith concerning the
`
`Confidential Documents submitted.
`
`II.
`
`Conclusion
`
`
`
`For the reasons stated above, Broad Ocean respectfully requests that the
`
`Petitioners’ Reply and the Declarations of Ge Hu (Exhibit 1020) and Ivan
`
`Hoffman (Exhibit 1014) remain under seal.
`
`Dated: August 21, 2015
`
`Respectfully submitted,
`
`by: /s/ Charles S. Baker
`Steven F. Meyer (Reg. No. 35,613)
`Charles S. Baker (pro hac vice)
`LOCKE LORD LLP
`Three World Financial Center
`New York, New York 10281-2101
`
`
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R. §42.6(e) and 37 C.F.R. §42.105(b), the undersigned
`hereby certifies that on August 21, 2015, a complete and entire copy of the
`foregoing PETITIONERS’ MOTION TO SEAL was electronically served in its
`entirety on the Patent Owner of
`record (as agreed upon by counsel) at
`sbrown@hoveywilliams.com, mwalters@hoveywilliams.com,
`and litigation@
`hoveywilliams.com.
`
`Additionally, the undersigned certifies that on August 21, 2015, a complete
`and entire copy of the foregoing PETITIONERS’ MOTION TO SEAL was
`electronically served on the Patent Owner’s below-listed counsel of record at
`jschwent@thompsoncoburn.com,
`djinkins@thompsoncoburn.com,
`and
`litigation Nidec Motor
`the
`syoo@thompsoncoburn.com,
`in
`co-pending
`Corporation
`v. Broad Ocean Motor LLC et
`al., Civil Action No.
`4:13-CV-01895-JCH (E.D. Mo.), as agreed upon by the parties.
`
`Dated: August 21, 2015
`
`/s/ Charles S. Baker
`Steven F. Meyer (Reg. No. 35,613)
`Charles S. Baker (pro hac vice)
`LOCKE LORD LLP
`Three World Financial Center
`New York, New York 10281-2101
`
`Attorneys for Petitioners Zhongshan
`Broad Ocean Motor Co., Ltd.;
`Broad Ocean Motor LLC; and
`Broad Ocean Technologies, LLC
`
`
`
`APPENDIX I
`
`EXHIBIT
`
`DESCRIPTION
`
`1026
`
`1034
`
`1035
`
`1036
`
`Comparison of Nidec HVAC Market Share and Nidec Share of ECM Sales
`to Nidec’s Shares Claimed in the Bokhart Declaration
`
`Project Authorization Request
`
`Project Authorization Request
`
`Motor Comparison Chart
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