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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`
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`ARRIS GROUP, INC.
`Petitioner
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`v.
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`C-CATION TECHNOLOGIES, LLC
`Patent Owner
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`
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`Case: IPR2015-00635
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`PETITIONER’S UNOPPOSED MOTION FOR ENTRY OF THE
`DEFAULT PROTECTIVE ORDER
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`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`United States Patent and Trademark Office
`PO Box 1450
`Alexandria, Virginia 22313–1450
`Submitted Electronically via the Patent Review Processing System
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`
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`I.
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`INTRODUCTION
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`Petitioner, ARRIS Group, Inc. hereby moves for entry of the Board’s
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`Default Protective Order. See Ex. 1020. On May 1, 2015, the Board granted
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`Patent Owner’s Motion for Additional Discovery relating to agreements under
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`which Comcast requested ARRIS to indemnify it. See ARRIS Group, Inc. v. C-
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`Cation Techs., LLC, IPR2015-00635, Paper 10 (PTAB May 1, 2015). In its Order,
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`the Board authorized Petitioner “to file a motion or protective order pursuant to the
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`guidance provided in our Order dated April 2, 2015 in this proceeding.” Id.
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`Following the guidance provided in that Order, Petitioner has conferred with
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`Patent Owner and entry of the Default Protective Order will be sufficient for the
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`purposes of these proceedings. Patent Owner does not oppose the relief sought in
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`this Motion.
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`I.
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`A PROTECTIVE ORDER IS WARRANTED TO PROTECT ARRIS’
`CONFIDENTIAL AND SENSITIVE BUSINESS INFORMATION
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`In Paper 10, the Board ordered Petitioner to produce “Agreement(s) between
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`Arris and Comcast under which Comcast requested indemnification for the claims
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`brought against Comcast in the Texas Litigation that reference (or are contingent
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`on) Arris’s ability to control the litigation.” IPR2015-00635, Paper 10 at 7.
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`Petitioner has already produced the documents requested by Patent Owner to the
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`extent such documents were identified after a reasonable search of its files after an
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`investigation into the subject matter requested.
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`However, the agreements sought to be produced include highly sensitive
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`business information and provide the terms and conditions that govern Petitioner’s
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`business relationship with its largest customer. To the extent that these
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`agreements—including the provisions that Patent Owner wishes to rely on—are
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`disseminated publicly, it would cause irreparable competitive harm to Petitioner
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`and, perhaps to third party Comcast. See Decl. of T. Van Aacken (Ex. 1021) at ¶ 5.
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`These agreements include provisions related to confidentiality, and are treated by
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`Petitioner as confidential business information. Id. ¶¶ 3-4. As such, access to
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`these agreements is restricted. Id. ¶ 4.
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`Given the sensitive nature of the information to be produced in response to
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`the Board’s Order, Petitioner respectfully submits that entry of the Default
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`Protective Order is appropriate in this proceeding.
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`II. CONCLUSION
`For the foregoing reasons, Petitioner respectfully requests that the Board
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`enter an Order requiring the parties to abide by the Board’s Default Protective
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`Order. See Ex. 1020.
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`2
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`Dated: May 11, 2015
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`Respectfully submitted,
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`/Andrew R. Sommer/
`Andrew R. Sommer
`Reg. No. 53,932
`Lead Counsel for Petitioner ARRIS
`Group, Inc.
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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) and 42.105(a), this is to certify that on May
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`11, 2015, I caused to be served a true and correct copy of the foregoing
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`“PETITIONER’S UNOPPOSED MOTION FOR ENTRY OF THE
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`DEFAULT PROTECTIVE ORDER” including Exhibits 1020 (default protective
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`order) and 1021 (Decl. of T. Van Aacken) by electronic mail on counsel for the
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`Patent Owner at:
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`Lewis V. Popoviski
`lpopoviski@kenyon.com
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`Jeffrey S. Ginsberg
`jginsberg@kenyon.com
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`David J. Kaplan
`djkaplan@kenyon.com
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`David J. Cooperberg
`dcooperberg@kenyon.com
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`Dated: May 11, 2015
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`
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`
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`WINSTON & STRAWN LLP
`1700 K Street NW
`Washington, DC 20006
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`1
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`Respectfully submitted,
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`/Andrew R. Sommer/
`Andrew R. Sommer
`(Reg. No. 53,932)
`Counsel for Petitioner ARRIS Group,
`Inc.
`
`
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