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`_______________________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`_______________________________
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`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
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`1804448_1
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`
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`Pursuant to 37 C.F.R. §§ 42.14 and 42.54, Petitioner Zhongshan Broad
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`Ocean Motor Co., Ltd.; Broad Ocean Motor; LLC, and Broad Ocean Technologies,
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`LLC (collectively, “Broad Ocean” or “Petitioners”) hereby move to seal portions
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`of Petitioners’ Response to Patent Owner’s Motion to Exclude (“Petitioners’
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`Response”). As detailed below, the Response contains references to confidential
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`and financial information related to a non-party, Goodman Manufacturing, that
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`Broad Ocean has not and would never make publicly available, and that provided
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`to Broad Ocean under a nondisclosure agreement prohibiting their disclosure.
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`I.
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`Good Cause Exists For Sealing Certain Confidential Information
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`Counsel for Broad Ocean 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 the
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`Stipulated Protective Order along with a redline showing how the Stipulated
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`Protective Order differs from the Board’s Default Protective Order. Patent Owner
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`has requested that the Board enter the Stipulated Protective Order so that the small
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`number of identified Exhibits may be designated “Attorneys’ Eyes Only.”
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`The confidential documents that are described below constitute or contain
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`portions of documents that a non-party to this proceeding, Goodman
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`1
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`
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`Manufacturing, provided to a Broad Ocean employee, Ge Hu, whose declaration
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`has been submitted under seal. Ex. 1020. Hu’s Declaration references these
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`documents that were also filed under seal. See Exhibits 2034 and 2035. These
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`documents were supplied to Mr. Hu under a nondisclosure agreement with
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`Goodman, a customer of Broad Ocean. Ex. 1020, Declaration of Ge Hu. Portions
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`of Petitioners’ Response references Hu’s sealed declaration and the sealed exhibits.
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`See Petitioners’ Response at p. 3, § III, 2nd (end of first sentence to end of
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`paragraph) and 4th Paragraph (second to last and last sentence of paragraph).
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`These portions of the Petitioners’ Response should therefore be sealed.
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`II.
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`Certification of Non-Publication
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`Upon information and belief, Counsel for Broad Ocean certifies that the
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`Confidential Documents sought to be sealed by this Motion have not been
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`published or otherwise made public, based on Goodman’s designation as
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`confidential.
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`III. Certification Pursuant to 37 C.F.R.§ 42.54
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`Broad Ocean has conferred with Patent Owner in good faith concerning the
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`Confidential Documents submitted.
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`II.
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`Conclusion
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`For the reasons stated above, Broad Ocean respectfully requests that portions
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`of the Petitioners’ Response remain under seal.
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`2
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`
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`Dated: September 25, 2015
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`Respectfully submitted,
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`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
`
`3
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`
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`CERTIFICATE OF SERVICE
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`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.
`
`the undersigned certifies that on September 25, 2015, a
`Additionally,
`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: September 25, 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
`
`4