`____________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`ORACLE CORPORATION
`and NETAPP INC.,
`Petitioners
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`v.
`CROSSROADS SYSTEMS, INC.
`Patent Owner
`____________
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`Case IPR2014-01209
`Patent 7,051,147
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`PATENT OWNER’S UNOPPOSED MOTION TO SEAL PORTIONS OF
`EXHIBIT 1223
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`In its final written decision in this matter the Board indicated that, unless a
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`motion to seal were filed within 20 days of the decision, certain material filed under
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`seal by Petitioner would be made public. Paper 77 at 36. Certain of the materials
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`Petitioner filed under seal contains Patent Owner Crossroads Systems’ confidential
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`commercial information, and therefore Patent Owner requests this material be sealed
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`pursuant to 37 C.F.R. §§ 42.14 and 42.54(A).
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`Specifically, Patent Owner requests that certain confidential information
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`contained in Exhibit 1223 be sealed. As discussed further below, Exhibit 1223 is the
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`deposition transcript of Patent Owner’s Chief Financial Officer, and the testimony
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`at issue contains references to confidential license agreements which have already
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`been placed under seal. Concurrently with this motion, Patent Owner files a redacted
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`version of Ex. 1223 which may be made available to the public. The Board has
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`previously entered the default protective order. Paper 28. Petitioners do not oppose
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`this motion.
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`Confidential information is protected from disclosure. 35 U.S.C. § 316(a)(7)
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`The Trial Practice Guide provides:
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`The 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. . . . 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
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`trade secret or other confidential research, development, or commercial
`information.
`77 Fed. Reg. 48756, 48760 (Aug. 14, 2012). The standard for granting a motion to
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`seal is good cause. 37 C.F.R. §42.54(a).
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`The information Patent Owner requests to be sealed consists of testimony
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`regarding the content of a license agreement, which contains a confidentiality
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`provision limiting disclosure of the terms of the agreement. Ex. 1223 at 100:19-21;
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`Ex. 2052 at 249. The testimony sought to be sealed is located on pages 103-106,
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`144-47, and 149-51 of Ex. 1223. The testimony at issue discloses, either by question
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`or answer, some of the agreement’s contents, and therefore is subject to the
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`agreement’s confidentiality provision.
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`The Board has already determined that the license agreement itself is
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`confidential commercial information and properly the subject of a motion to seal.
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`Paper 77 at 36. Moreover, such information is generally considered confidential and
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`an appropriate subject of a motion to seal. See, e.g., HBPSI – Hong Kong, Ltd. v.
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`SRAM, LLC, IPR2013-00174, Paper 19 at 1 (PTAB June 11, 2013) (granting leave
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`to file confidential “Settlement and License Agreement” under seal). Especially
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`since the Board has not relied on any of this information in reaching its final written
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`decision (eliminating any public interest), Patent Owner’s commercial information,
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`including its license agreements and testimony referencing the contents of those
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`agreements, are properly considered confidential and Patent Owner has
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`demonstrated good cause to seal the confidential information in Ex. 1223.
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`Dated: February 17, 2016
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`Respectfully submitted,
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`/James H. Hall/
`James H. Hall
`Registration No. 66,317
`Counsel for Patent Owner
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`CERTIFICATE OF SERVICE
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`The undersigned certifies service of Patent Owner’s Motion to Seal Portions
`of Exhibit 1223 and a redacted version of Exhibit 1223 on counsel for Petitioner by
`e-mail pursuant to agreement at the following addresses, on February 17, 2016:
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`Greg Gardella
`cpdocketgardella@oblon.com
`Scott McKeown
`cpdocketmckeown@oblon.com
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`Oblon
`1940 Duke Street
`Alexandria, VA 22314
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`By:
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` /James H. Hall /
`James H. Hall
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