`
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________
`
`ORACLE CORPORATION, NETAPP INC., and
`HUAWEI TECHNOLOGIES CO., LTD.,
`
`Petitioners,
`
`v.
`
`CROSSROADS SYSTEMS, INC.,
`
`Patent Owner.
`
`____________
`
`Case IPR2014-01209
`
`U.S. Patent No. 7,051,147
`
`____________
`
`JOINT MOTION TO SEAL
`UNDER 37 C.F.R. §§ 42.14 AND 42.54
`
`
`
`
`
`
`
`Joint Motion to Seal
`Case IPR2014-01209
`U.S. Patent No. 7,051,147
`
`
`
`
`Pursuant to 37 C.F.R. §§ 42.14 and 42.54 and the Protective Order entered
`
`in this proceeding, Petitioner Huawei Tech. Co., LTD. and Patent Owner
`
`Crossroads Systems, Inc. jointly submit this Motion to Seal the settlement
`
`agreement (Ex. 1235) submitted in connection with the joint motion to terminate,
`
`which is being filed concurrently herewith.
`
`I.
`
`Reasons for Sealing Certain Confidential Information
`The Office Trial Practice Guide, 77 Fed. Reg. 48756, 48760 (Aug. 14,
`
`2012), provides that
`
`[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.
`
`
`
`The Huawei-Crossroads settlement agreement (Ex. 1235) includes numerous
`
`aspects which are business confidential. In section 2 the agreement specifies the
`
`particular and confidential terms of one or more licenses between Huawei and
`
`
`
`
`
`1
`
`
`
`Crossroads. Section 3 of the agreement specifies the particular terms of mutual
`
`Joint Motion to Seal
`Case IPR2014-01209
`U.S. Patent No. 7,051,147
`
`
`releases and other terms upon which the pending district court action may be
`
`stayed and/or dismissed. Section 4 of the agreement provides the dollar value of
`
`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
`
`considered confidential by the parties.
`
`Sections 6-8 set forth customary terms associated with such licenses and,
`
`because the terms are customary, the public has little interest in being given access
`
`to this information.
`
`
`
`For the foregoing reasons Petitioner Huawei and Patent Owner Crossroads
`
`jointly request that Ex. 1235 be maintained under seal as set forth in 37 C.F.R. §
`
`42.54.
`
`
`
`II. Certification of Non-Publication Status
`The undersigned counsel certifies that the information sought to be sealed by
`
`this motion has not been published or otherwise made public to the best of his
`
`knowledge.
`
`
`
`
`
`2
`
`
`
`III. Certification of Conference with Opposing Party Pursuant to 37 C.F.R.
`§ 42.54
`
`Joint Motion to Seal
`Case IPR2014-01209
`U.S. Patent No. 7,051,147
`
`
`The parties have conferred in good faith and have agreed that Ex. 1235 (the
`
`Huawei-Crossroads settlement agreement) should be filed under seal. Counsel for
`
`Patent Owner has informed counsel for Petitioner that it consents to, and joins, the
`
`instant motion to seal.
`
`
`
`
`
`
`
`
`
`
`
`
`Dated: September 22, 2015
`
`
`
`
`
`
`
`Customer Number
` 22850
`Tel. (703) 413-3000
`Fax. (703) 413-2220
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`Oblon, McClelland, Maier &
`Neustadt, LLP
`
`/ Greg H. Gardella /
`Greg H. Gardella
`Reg. No. 46,045
`
`
`
`
`
`
`
`
`
`3
`
`
`
`CERTIFICATE OF SERVICE
`
`
`
`
`
`Pursuant to 37 C.F.R. § 42.6(e), the undersigned certifies service of JOINT
`
`MOTION TO SEAL on the counsel of record for the Patent Owner by filing this
`
`document through the Patent Review Processing System as well as delivering a
`
`copy via electronic mail to the following addresses:
`
`Steven Sprinkle
`John Adair
`Scott Crocker
`SPRINKLE IP LAW GROUP
`crossroadsipr@sprinklelaw.com
`
`Russell Wong
`James H. Hall
`Keith Rutherford
`BLANK ROME LLP
`CrossroadsIPR@blankrome.com
`
`
`Dated: September 22, 2015
`
`
`
`
`
`
`
`
`
`
`
`
`/ Greg H. Gardella /
`Greg H. Gardella
`Reg. No. 46,045
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