Case IPR2014-01396
`Patent 6,249,825
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`LG ELECTRONICS, INC.,
`LG ELECTRONICS U.S.A., INC., and
`LG ELECTRONICS MOBILECOMM U.S.A., INC.,
`Petitioner
`
`v .
`
`CYPRESS SEMICONDUCTOR CORPORATION
`Patent Owner
`
`Case IPR2014-01396
`Patent 6,249,825
`
`PATENT OWNER’S
`MOTION TO FILE UNDER SEAL
`
`
`Patent 6,249,825
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`LG ELECTRONICS, INC.,
`LG ELECTRONICS U.S.A., INC., and
`LG ELECTRONICS MOBILECOMM U.S.A., INC.,
`Petitioner
`
`v .
`
`CYPRESS SEMICONDUCTOR CORPORATION
`Patent Owner
`
`Case IPR2014-01396
`Patent 6,249,825
`
`PATENT OWNER’S
`MOTION TO FILE UNDER SEAL
`
`
`
`Case IPR2014-01396
`Patent 6,249,825
`
`Patent Owner Cypress Semiconductor Corporation (“Cypress”) hereby
`
`moves under 37 C.F.R. §§ 42.14 and 42.54 for leave to file under seal certain
`
`exhibits to the Patent Owner’s Response to LG Electronics, Inc., LG Electronics
`
`U.S.A., Inc., and LG Electronics Mobilecomm U.S.A., Inc.’s, (“Petitioner”)
`
`Petition for Inter Partes Review (“IPR”) of U.S. Patent No. 6,249,825 (“the ’825
`
`patent”).
`
`In support of this motion, Patent Owner Cypress states as follows:
`
`1.
`
`The following Exhibits to the Patent Owner’s Response to the Petition
`
`for IPR contain confidential information, designated Protective Order Material:
`
`Exhibit 2018, Exhibit 2029, Exhibit 2030, Exhibit 2038, Exhibit 2039, Exhibit
`
`2040, Exhibit 2041, Exhibit 2042, Exhibit 2043, Exhibit 2044, Exhibit 2045,
`
`Exhibit 2047, Exhibit 2048, Exhibit 2049, Exhibit 2050, Exhibit 2053, and Exhibit
`
`2054. Good cause exists for sealing each of these exhibits, as they all contain
`
`confidential information as follows:
`
`a.
`
`Exhibits 2029, 2030, 2038, 2043, 2047, 2048 and 2049 are
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`Cypress internal presentations relating to the launch of a Cypress product and
`
`contain confidential Cypress business information that should not be made public
`
`because it relates to Cypress’ confidential financial, technical, sales, marketing
`
`strategies and other development and manufacturing information, which, if
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`disclosed, would give Cypress’ competitors an insight into Cypress’ customer
`
`dealings, technology R&D and operational strategies.
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`Case IPR2014-01396
`Patent 6,249,825
`
`b.
`
`Exhibits 2039, 2040, 2041, 2042, 2044, 2045, 2050, 2053 and
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`2054 contain summary information on Cypress sales, forecasts, customer
`
`identification and related data that is confidential Cypress business information
`
`that should not be made public, as, if disclosed it would give Cypress’ competitors
`
`insight into Cypress’ financial and market position.
`
`c.
`
`Exhibit 2018 is a declaration of Cypress employee David G.
`
`Wright that describes and discusses the content of confidential Exhibits 2029, 2030,
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`2038 through 2045, 2048 through 2050, 2053 and 2054. For the same reasons
`
`described above that the content of these exhibits should not be made public, the
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`sections of Exhibit 2018 relating to these exhibits should also not be made public,
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`including paragraphs 14 through 20, 22 and 24 through 27 of Exhibit 2018.
`
`2.
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`A non-confidential version of Exhibit 2018 in which confidential
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`information as described above has been redacted, is being filed together with this
`
`motion to seal. See Default Protective Order at 4(A)(ii). It is not practical to provide
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`redacted versions of Exhibits 2029, 2030, 2038 through 2045, 2047 through 2050,
`
`2053 and 2054, as essentially the entire content of these Exhibits is confidential.
`
`3.
`
`Cypress proposes that these documents be sealed under the default
`
`protective order. Office Patent Trial Practice Guide, 77 Fed. Reg. 48,756, 48760. A
`
`copy of the default protective order is attached as Appendix A to this motion.
`
`2
`
`
`
`Dated: June 5, 2015
`
`Respectfully submitted,
`
`Case IPR2014-01396
`Patent 6,249,825
`
`By:
`
`/s/ Jeffrey A. Miller
`Jeffrey A. Miller
`Reg. No. 35,287
`Kaye Scholer LLP
`Two Palo Alto Square, Suite 400
`3000 El Camino Real
`Palo Alto, CA 94306
`T: (650) 319-4500
`F: (650) 319-4700
`Email: JMillerPTAB@kayescholer.com
`
`Counsel for Patent Owner
`Cypress Semiconductor Corporation
`
`3
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`Case IPR2014-01396
`Patent 6,249,825
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 CFR §§ 42.6(e)(4) and 42.205(b), the undersigned certifies
`
`that on June 5, 2015, a complete and entire copy of this Patent Owner Cypress
`
`Semiconductor Corp.’s Motion to Seal was provided via email to the Petitioner by
`
`serving the correspondence email address of record as follows:
`
`Jason Shapriro
`Soumya Panda
`ROTHWELL, FIGG, ERNST & MANBECK
`607 14th Street, N.W., Suite 800
`Washington, DC 20005
`
`Email: jshapiro@rothwellfigg.com
`spanda@rothwellfigg.com
`
`By: /s/ Jeffrey A. Miller
`Jeffrey A. Miller
`Reg. No. 35,287
`Kaye Scholer LLP
`
`
`
`Case IPR2014-01396
`Patent 6,249,825
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`LG ELECTRONICS, INC.,
`LG ELECTRONICS U.S.A., INC., and
`LG ELECTRONICS MOBILECOMM U.S.A., INC.,
`Petitioner
`
`v .
`
`CYPRESS SEMICONDUCTOR CORPORATION
`Patent Owner
`
`Case IPR2014-01396
`Patent 6,249,825
`
`PATENT OWNER’S
`MOTION TO FILE UNDER SEAL
`
`PROTECTIVE ORDER
`
`
`
`Case IPR2014-01396
`Patent 6,249,825
`
`Finding good cause exists to enter a Protective Order governing the
`
`disclosure and treatment of confidential information produced in this inter partes
`
`review, it is ordered: This standing protective order governs the treatment and
`
`filing of confidential information, including documents and testimony.
`
`1.
`
`Confidential information shall be clearly marked “PROTECTIVE
`
`ORDER MATERIAL.”
`
`2.
`
`Access to confidential information is limited to the following
`
`individuals who have executed the acknowledgment appended to this order:
`
`(A)
`
`Parties. Persons who are owners of a patent involved in the
`
`proceeding and other persons who are named parties to the proceeding.
`
`(B)
`
`Party Representatives. Representatives of record for a party in
`
`the proceeding.
`
`(C)
`
`Experts. Retained experts of a party in the proceeding who
`
`further certify in the Acknowledgement that they are not a competitor to any party,
`
`or a consultant for, or employed by, such a competitor with respect to the subject
`
`matter of the proceeding.
`
`(D)
`
`In-house counsel. In-house counsel of a party.
`
`(E) Other Employees of a Party. Employees, consultants or other
`
`persons performing work for a party, other than in- counsel and in-house counsel’s
`
`support staff, who sign the Acknowledgement shall be extended access to
`
`confidential information only upon agreement of the parties or by order of the
`1
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`
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`Case IPR2014-01396
`Patent 6,249,825
`
`Board upon a motion brought by the party seeking to disclose confidential
`
`information to that person. The party opposing disclosure to that person shall have
`
`the burden of proving that such person should be restricted from access to
`
`confidential information.
`
`(F)
`
`The Office. Employees and representatives of the Office who
`
`have a need for access to the confidential information shall have such access
`
`without the requirement to sign an Acknowledgement. Such employees and
`
`representatives shall include the Director, members of the Board and their clerical
`
`staff, other support personnel, court reporters, and other persons acting on behalf of
`
`the Office.
`
`(G)
`
`Support Personnel. Administrative assistants, clerical staff,
`
`court reporters and other support personnel of the foregoing persons who are
`
`reasonably necessary to assist those persons in the proceeding shall not be required
`
`to sign an Acknowledgement, but shall be informed of the terms and requirements
`
`of the Protective Order by the person they are supporting who receives confidential
`
`information.
`
`3.
`
`Persons receiving confidential information shall use reasonable efforts
`
`to maintain the confidentiality of the information, including:
`
`(A) Maintaining such information in a secure location to which
`
`persons not authorized to receive the information shall not have access;
`
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`Case IPR2014-01396
`Patent 6,249,825
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`(B) Otherwise using reasonable efforts to maintain the
`
`confidentiality of the information, which efforts shall be no less rigorous than those
`
`the recipient uses to maintain the confidentiality of information not received from
`
`the disclosing party;
`
`(C)
`
`Ensuring that support personnel of the recipient who have
`
`access to the confidential information understand and abide by the obligation to
`
`maintain the confidentiality of information received that is designated as
`
`confidential; and
`
`(D) Limiting the copying of confidential information to a
`
`reasonable number of copies needed for conduct of the proceeding and maintaining
`
`a record of the locations of such copies.
`
`4.
`
`Persons receiving confidential information shall use the following
`
`procedures to maintain the confidentiality of the information:
`
`(A) Documents and Information Filed With the Board.
`
`(i)
`
`A party may file documents or information with the
`
`Board under seal, together with a non-confidential
`
`description of the nature of the confidential information
`
`that is under seal and the reasons why the information is
`
`confidential and should not be made available to the
`
`public. The submission shall be treated as confidential
`
`and remain under seal, unless, upon motion of a party
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`Case IPR2014-01396
`Patent 6,249,825
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`and after a hearing on the issue, or sua sponte, the Board
`
`determines that the documents or information do not to
`
`qualify for confidential treatment.
`
`(ii) Where confidentiality is alleged as to some but not all of
`
`the information submitted to the Board, the submitting
`
`party shall file confidential and non-confidential versions
`
`of its submission, together with a Motion to Seal the
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`confidential version setting forth the reasons why the
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`information redacted from the non-confidential version is
`
`confidential and should not be made available to the
`
`public. The nonconfidential version of the submission
`
`shall clearly indicate the locations of information that has
`
`been redacted. The confidential version of the submission
`
`shall be filed under seal. The redacted information shall
`
`remain under seal unless, upon motion of a party and after
`
`a hearing on the issue, or sua sponte, the Board
`
`determines that some or all of the redacted information
`
`does not qualify for confidential treatment.
`
`(B) Documents and Information Exchanged Among the Parties.
`
`Information designated as confidential that is disclosed to another party during
`
`discovery or other proceedings before the Board shall be clearly marked as
`4
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`
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`“PROTECTIVE ORDER MATERIAL” and shall be produced in a manner that
`
`maintains its confidentiality.
`
`Case IPR2014-01396
`Patent 6,249,825
`
`5
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`
`
`Case IPR2014-01396
`Patent 6,249,825
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`LG ELECTRONICS, INC.,
`LG ELECTRONICS U.S.A., INC., and
`LG ELECTRONICS MOBILECOMM U.S.A., INC.,
`Petitioner
`
`v .
`
`CYPRESS SEMICONDUCTOR CORPORATION
`Patent Owner
`
`Case IPR2014-01396
`Patent 6,249,825
`
`PROTECTIVE ORDER
`
`
`
`Case IPR2014-01396
`Patent 6,249,825
`
`Acknowledgment for Access to Protective Order Material
`
`I , affirm that I have read the Protective Order; that I will abide by its terms;
`
`that I will use the confidential information only in connection with this proceeding
`
`and for no other purpose; that I will only allow access to support staff who are
`
`reasonably necessary to assist me in this proceeding; that prior to any disclosure to
`
`such support staff I informed or will inform them of the requirements of the
`
`Protective Order; that I am personally responsible for the requirements of the terms
`
`of the Protective Order and I agree to submit to the jurisdiction of the Office and
`
`the United States District Court for the Eastern District of Virginia for purposes of
`
`enforcing the terms of the Protective Order and providing remedies for its breach.
`
`By: ______________________________
`
`Date: ______________________________
`
`1
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`
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