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`____________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`____________
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`ORACLE CORPORATION, NETAPP INC., and
`HUAWEI TECHNOLOGIES CO., LTD.,
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`Petitioners,
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`v.
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`CROSSROADS SYSTEMS, INC.,
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`Patent Owner.
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`____________
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`Case IPR2014-01207
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`U.S. Patent No. 7,051,147
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`____________
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`JOINT MOTION TO SEAL
`UNDER 37 C.F.R. §§ 42.14 AND 42.54
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`Joint Motion to Seal
`Case IPR2014-01207
`U.S. Patent No. 7,051,147
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`Pursuant to 37 C.F.R. §§ 42.14 and 42.54 and the Protective Order entered
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`in this proceeding, Petitioner Huawei Tech. Co., LTD. and Patent Owner
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`Crossroads Systems, Inc. jointly submit this Motion to Seal the settlement
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`agreement (Ex. 1235) submitted in connection with the joint motion to terminate,
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`which is being filed concurrently herewith.
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`I.
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`Reasons for Sealing Certain Confidential Information
`The Office Trial Practice Guide, 77 Fed. Reg. 48756, 48760 (Aug. 14,
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`2012), provides that
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`[t]he 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.
`* * *
`Confidential Information: The rules identify 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 research, development, or
`commercial information.
`The standard for granting a motion to seal is “for good cause.” 37 C.F.R. § 42.54.
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`
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`The Huawei-Crossroads settlement agreement (Ex. 1235) includes numerous
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`aspects which are business confidential. In section 2 the agreement specifies the
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`particular and confidential terms of one or more licenses between Huawei and
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`1
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`
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`Crossroads. Section 3 of the agreement specifies the particular terms of mutual
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`Joint Motion to Seal
`Case IPR2014-01207
`U.S. Patent No. 7,051,147
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`releases and other terms upon which the pending district court action may be
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`stayed and/or dismissed. Section 4 of the agreement provides the dollar value of
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`the settlement, confidential bank and routing information, and sensitive
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`information concerning future sales by Huawei. Section 5 sets forth the detailed
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`conditions associated with various representations and warranties, which are also
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`considered confidential by the parties.
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`Sections 6-8 set forth customary terms associated with such licenses and,
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`because the terms are customary, the public has little interest in being given access
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`to this information.
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`For the foregoing reasons Petitioner Huawei and Patent Owner Crossroads
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`jointly request that Ex. 1235 be maintained under seal as set forth in 37 C.F.R. §
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`42.54.
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`II. Certification of Non-Publication Status
`The undersigned counsel certifies that the information sought to be sealed by
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`this motion has not been published or otherwise made public to the best of his
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`knowledge.
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`2
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`III. Certification of Conference with Opposing Party Pursuant to 37 C.F.R.
`§ 42.54
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`Joint Motion to Seal
`Case IPR2014-01207
`U.S. Patent No. 7,051,147
`
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`The parties have conferred in good faith and have agreed that Ex. 1235 (the
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`Huawei-Crossroads settlement agreement) should be filed under seal. Counsel for
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`Patent Owner has informed counsel for Petitioner that it consents to, and joins, the
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`instant motion to seal.
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`Dated: September 22, 2015
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`Customer Number
` 22850
`Tel. (703) 413-3000
`Fax. (703) 413-2220
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`Respectfully submitted,
`Oblon, McClelland, Maier &
`Neustadt, LLP
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`/ Greg H. Gardella /
`Greg H. Gardella
`Reg. No. 46,045
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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), the undersigned certifies service of JOINT
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`MOTION TO SEAL on the counsel of record for the Patent Owner by filing this
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`document through the Patent Review Processing System as well as delivering a
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`copy via electronic mail to the following addresses:
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`Steven Sprinkle
`John Adair
`Scott Crocker
`SPRINKLE IP LAW GROUP
`crossroadsipr@sprinklelaw.com
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`Russell Wong
`James H. Hall
`Keith Rutherford
`BLANK ROME LLP
`CrossroadsIPR@blankrome.com
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`Dated: September 22, 2015
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`/ Greg H. Gardella /
`Greg H. Gardella
`Reg. No. 46,045