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`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________
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`ZERTO, INC.,
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`Petitioner
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`v.
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`EMC CORPORATION,
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`Patent Owner
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`U.S. Patent No. 7,647,460
`Issue Date: January 12, 2010
`
`
`Title: Method And Apparatus For Implementing
`A Remote Mirroring Data Facility Without Employing A Dedicated Leased Line
`To Form The Link Between Two Remotely Disposed Storage Devices
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`Inter Partes Review No. IPR2014-01329
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`____________________________________________________________
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`MOTION TO SEAL
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`Pursuant to 37 C.F.R. §§ 42.14 and 42.54, Zerto, Inc. (“Zerto”) moves to
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`seal portions of Zerto’s Petitioner’s Supplemental Briefing On Real Party In
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`Interest (“the Supplemental Briefing”) which is being filed concurrent with this
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`motion. Sealing this information falls squarely within the Board’s authority to
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`“[require] that a trade secret or other confidential research, development, or
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`commercial information not be revealed or be revealed only in a specified way.”
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`37 C.F.R. § 42.54(a)(7).
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`Zerto is also filing a redacted public version of the Supplemental Briefing.
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`I. GOOD CAUSE EXISTS FOR SEALING CERTAIN
`CONFIDENTIAL INFORMATION
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`The Office Patent Trial Practice Guide provides that “the rules aim to strike
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`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.” 77 Fed. Reg. 48756, 48760 (Aug. 14, 2012). Those rules “identify
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`confidential information in a manner consistent with Federal Rule of Civil
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`Procedure 26(c)(1)(G), which provides for protective orders for trade secret or
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`other confidential research, development, or commercial information.” Id. (citing
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`37 C.F.R. § 42.54).
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`The redacted portions of the Supplemental Briefing discuss sensitive and
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`confidential business, financial, and/or strategy information that is contained in
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`confidential Exhibits 2017 and 2024.
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`1
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`II. CERTIFICATION OF NON-PUBLICATION
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`On behalf of Zerto, undersigned counsel certifies that the information sought
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`to be sealed by this Motion has not, to their knowledge, been published or
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`otherwise made public by Zerto.
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`III. CERTIFICATION OF CONFERENCE WITH OPPOSING PARTY
`PURSUANT TO 37 C.F.R. § 42.54
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`Today, Zerto met-and-conferred with EMC by electronic mail. EMC does
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`not object to this motion.
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`IV . CONCLUSION
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`For the foregoing reasons, Zerto respectfully requests that the Board seal the
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`redacted portions of the Supplemental Briefing.
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`Dated: January 14, 2015
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`Respectfully submitted,
`
`By: /Aaron W. Moore/
`
`Aaron W. Moore
`
`
`
`
`Registration No. 52,043
`Counsel for Petitioner
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`2
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`CERTIFICATE OF SERVICE
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`It is hereby certified that on January 14, 2015, a copy of the foregoing
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`document was served via electronic mail, as previously consented to by Patent
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`Owner, upon the following:
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`Richard F. Giunta
`Edmund J. Walsh
`Marc S. Johannes
`WOLF, GREENFIELD & SACKS, P.C.
`600 Atlantic Avenue
`Boston, MA 02210
`Tel: (617) 646-8000
`Fax: (617) 646-8646
`RGiunta-PTAB@wolfgreenfield.com
`EWalsh-PTAB@wolfgreenfield.com
`MJohannes-PTAB@wolfgreenfield.com
`joseph.dangelo@emc.com
`
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`By: /Aaron W. Moore/
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`Aaron W. Moore
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`Registration No. 52,043
`Counsel for Petitioner
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`3
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