IPR2014-01121
`
`Filed on behalf of Nidec Motor Corporation
`By:
`Scott R. Brown
`Matthew B. Walters
`HOVEY WILLIAMS LLP
`10801 Mastin Blvd., Suite 1000
`Overland Park, Kansas 66210
`Tel: (913) 647-9050
`Fax: (913) 647-9057
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`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
`
`
`
`
`
`
`Before BENJAMIN D.M. WOOD, Administrative Patent Judge
`JAMES A. TARTAL, Administrative Patent Judge
`
`PATRICK M. BOUCHER, Administrative Patent Judge
`
`PATENT OWNER'S MOTION TO SEAL
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`1
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`Filed on behalf of Nidec Motor Corporation
`By:
`Scott R. Brown
`Matthew B. Walters
`HOVEY WILLIAMS LLP
`10801 Mastin Blvd., Suite 1000
`Overland Park, Kansas 66210
`Tel: (913) 647-9050
`Fax: (913) 647-9057
`
`
`
`
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`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
`
`
`
`
`
`
`Before BENJAMIN D.M. WOOD, Administrative Patent Judge
`JAMES A. TARTAL, Administrative Patent Judge
`
`PATRICK M. BOUCHER, Administrative Patent Judge
`
`PATENT OWNER'S MOTION TO SEAL
`
`
`
`1
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`Pursuant to 37 C.F.R. §§ 42.14 and 42.54, Patent Owner Nidec Motor
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`Corporation (“Nidec”) hereby moves to seal Exhibits 2027, 2034, and 2035. As
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`detailed below, these papers contain highly confidential and extremely sensitive
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`research, operations, sales, and financial information related to Nidec that Nidec
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`has not and would never make publicly available.
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`
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`Counsel for Petitioners and Nidec have agreed on the terms of a modified
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`protective order relating to the use of confidential information and Exhibits in this
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`proceeding. Specifically, the Default Protective Order has been amended to
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`accommodate a second “Attorneys’ Eyes Only” provision to protect highly
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`confidential material contained in the relevant Exhibits. Patent Owner has filed
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`previously submitted a Stipulated Protective Order along with a redline showing
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`how the Stipulated Protective Order differs from the Board’s Default Protective
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`Order (See Exhibits 2001 and 2002, respectively). Patent Owner requests that the
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`Board enter the Stipulated Protective Order so that the small number of identified
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`Exhibits may be designated “Attorneys’ Eyes Only.”
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`I.
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`Good Cause Exits for Sealing Confidential Information In This
`Proceeding.
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`The Board must find “good cause” exists to enter a protective order and
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`must “strike a balance between the public’s interest 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.” Garmin v. Cuozzo, IPR2012-00001, Paper 36 (April 5, 2013). See
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`2
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`
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`also Office Patent Trial Practice Guide, 77 Fed. Reg. 48756, 48760 (Aug. 14,
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`2012). The Board identifies “confidential information in a manner consistent with
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`Federal Rule of Civil Procedure 26(c)(1)(G), which provides for protective orders
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`for trade secret or other confidential research, development, or commercial
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`information.” 77 Fed. Reg. at 78760 (citing 37 C.F.R. § 42.54).
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`Beyond the confidential designation available in the Default Protective
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`Order, the “Attorneys’ Eyes Only” provision mirrors the provision of the
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`protective order entered in related district court litigation and is necessary to
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`protect highly confidential design, development, testing, and financial information,
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`the disclosure of which would cause significant competitive harm. Patent Owner
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`relies on this detailed financial information to establish objective indications of
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`commercial success to demonstrate the claimed invention is non-obvious.
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`This type of highly confidential information has been—and will continue to
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`be—designated as Attorneys’ Eyes Only in the co-pending litigation and
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`Petitioner’s foreign counsel and employees have not—and will not—have access
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`to this information under the protective order in that case. Detailed design,
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`development, testing, and financial-related information would typically never be
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`provided to Petitioner’s foreign counsel, Petitioner’s employees, or the public in
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`any context. Disclosure of such highly confidential information would significantly
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`harm Nidec’s competitive position in the market because it would allow a direct
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`3
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`competitor access to some of the most sensitive design, development, testing, and
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`financial information available from Nidec, an unnecessary and dangerous
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`precedent. Indeed, the Supreme Court has noted that adjudicative bodies should not
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`permit their files to serve “as sources of business information that might harm a
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`litigant’s competitive standing.” Nixon v. Warner Commc’ns, Inc., 435 U.S. 589,
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`598 (1978).
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`Accordingly, Nidec respectfully requests that the Board enter the Stipulated
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`Protective Order (Exhibit 2001) to protect against the public disclosure of the
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`following information:
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`Materials to be Sealed as “Confidential” or “Attorneys’ Eyes Only”
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`Paper /
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`Contents
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`Good Cause
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`Exhibit
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`Ex. 2027
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`Declaration of
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`Contains Confidential Testing Information
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`Mark E. Carrier -
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`– This documents contains non-public
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`Simulink Model
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`information analyzing Nidec products
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`practicing the the invention claimed in
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`the ’349 patent.
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`Ex. 2034
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`Revised
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`Contains Confidential Financial and
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`Declaration of
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`Market Share Information—This document
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`Christopher
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`contains non-public information analyzing
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`4
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`
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`Bokhart
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`Nidec sales of products practicing the
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`invention claimed in the ’349 patent as well as
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`market share data for Nidec relating to the
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`commercial success of the products
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`incorporating the technology claimed in
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`the ’349 patent.
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`Ex. 2035
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`Revised CV and
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`Contains Confidential Financial and
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`Supporting
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`Market Share Information—This document
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`Schedules for Mr.
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`contains non-public information analyzing
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`Bokhart’s
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`Nidec sales of products practicing the
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`Declaration
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`invention claimed in the ’349 patent as well as
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`market share data for Nidec relating to the
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`commercial success of the products
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`incorporating the technology claimed in
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`the ’349 patent.
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`II. Certification of Non-Publication
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`On behalf of Nidec, undersigned counsel certifies that the confidential
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`information identified in the foregoing paper and exhibits and sought to be sealed
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`has not, to their knowledge, been published or otherwise made public.
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`5
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`III. Certification of Conference with Opposing Party
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`Pursuant to 37 C.F.R. § 42.54, the undersigned counsel has conferred in
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`good faith with counsel for Petitioners. The parties have agreed to the scope and
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`terms of the Stipulated Protective Order.
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`IV. Proposed Protective Order
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`The Protective Order submitted previously as Exhibit 2001 is the Stipulated
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`Protective Order to which the parties have agreed to be bound in this matter.
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`Moreover, Exhibit 2002 is a redline showing how the Stipulated Protective Order
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`differs from the Board’s Default Protective Order.
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`
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`Dated: September 25, 2015
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`Respectfully Submitted,
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`
`
`
`
` /s/ Scott R. Brown
`Scott R. Brown, Reg. No. 40,535
`Matthew B. Walters, Reg. No. 65,343
`HOVEY WILLIAMS LLP
`10801 Mastin Blvd., Suite 1000
`Overland Park, Kansas 66210
`Tel: (913) 647-9050
`Fax: (913) 647-9057
`sbrown@hoveywilliams.com
`mwalters@hoveywilliams.com
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`ATTORNEYS FOR PATENT OWNER
`NIDEC MOTOR CORPORATION
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`6
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that on the 25th day of September, 2015, a
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`true and accurate copy of the foregoing Patent Owner’s Motion to Seal was filed
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`through the Patent Review Processing System and served on the following counsel
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`for Petitioner via email:
`
`
`STEVEN F. MEYER
`CHARLES BAKER
`LOCKE LORD LLP
`Three World Financial Center
`New York, New York 10281-2101
`Tel: (212) 415-8535
`
`
`smeyer@lockelord.com
`cbaker@lockelord.com
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` /s/ Scott R. Brown
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`7
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