UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`
`
`JDS UNIPHASE CORPORATION
`Petitioner
`
`v.
`
`CAPELLA PHOTONICS, INC.
`Patent Owner
`
`
`
`Case No. IPR2015-00731
`Patent No. RE 42,368
`
`__________________
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`
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`
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`PETITIONER’S MOTION TO SEAL DOCUMENTS
`
`
`US.104207107.01
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`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`JDS UNIPHASE CORPORATION
`Petitioner
`
`v.
`
`CAPELLA PHOTONICS, INC.
`Patent Owner
`
`
`
`Case No. IPR2015-00731
`Patent No. RE 42,368
`
`__________________
`
`
`
`
`
`PETITIONER’S MOTION TO SEAL DOCUMENTS
`
`
`US.104207107.01
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`
`
`Case No. IPR2015-00731
`Petitioner’s Motion to Seal Documents
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`I.
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`Relief Requested
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`Pursuant to 37 C.F.R. § § 42.14 and 42.54 and the Proposed Stipulated
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`Protective Order (“Protective Order”) agreed to by the parties and submitted in this
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`proceeding (see Paper No. 18, Ex. A), and for the reasons set forth below,
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`Petitioner hereby moves to seal its Motion to Re-Caption the Proceeding (Paper
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`21) (hereinafter the “Proposed Sealed Document”)1, which has been filed
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`contemporaneously with this Motion. Additionally, Petitioner has filed a redacted,
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`public version of the Proposed Sealed Document as “confidentiality is alleged as to
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`some but not all of the information” therein. See Protective Order, ¶ 4(A)(ii).
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`Because the Proposed Sealed Document contains Petitioner’s confidential
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`business information that is not publicly available, Petitioner moves to seal it for
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`good cause explained in more detail below.
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`II. Good Cause Exists for Sealing Confidential Information
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`The Office Patent Trial Practice Guide provides that “[t]he rules aim to
`
`strike 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
`
`
`1 Petitioner understands that Paragraph 4(A) of the Default Protective Order and
`
`the Proposed Stipulated Protective Order authorizes and requires the present
`
`Motion.
`
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`US.104207107.01
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`1
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`
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`Case No. IPR2015-00731
`Petitioner’s Motion to Seal Documents
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`information.” 77 Fed. Reg. 48756, 48760 (Aug. 14, 2012). Further, those “rules
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`identify 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); see also Illumina, Inc. v. Columbia Univ., IPR2013-00011,
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`Paper 66 (P.T.A.B. Aug. 12, 2013) (granting a motion to seal “technical and
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`business information” and “product development information”). The standard for
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`granting a motion to seal is “for good cause.” 37 C.F.R. § 42.54. In determining
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`good cause, the board must balance the public’s interest in a complete and
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`understandable file history with a party’s interest in protecting sensitive
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`information. See Garmin Int’l v. Cuozzo Speed Tech., LLC, IPR2012-00001, Paper
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`36 at 3-4 (P.T.A.B. April 5, 2013). The public’s interest in viewing Petitioner’s
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`confidential business information that is only indirectly related to patent invalidity
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`is minimal (Id. at 8-9), and is outweighed by Petitioner’s interest in protecting its
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`confidential business information.
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`Petitioner seeks to seal its Motion to Re-Caption the Proceeding because a
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`portion of that document summarizes and/or otherwise reveals Petitioner’s
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`confidential business information derived from documents that are not publicly
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`available, the disclosure of which could have a serious negative impact on
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`Petitioner and its business. In particular, the confidential portion of the Motion
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`US.104207107.01
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`2
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`
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`Case No. IPR2015-00731
`Petitioner’s Motion to Seal Documents
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`consists of one footnote that describes a portion of a non-public schedule attached
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`to a public agreement that is described in the Motion. The footnote with the
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`confidential information has been redacted from the publicly-filed version of
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`Petitioner’s Motion to Re-Caption the Proceeding (Paper 22).
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`Undersigned counsel for Petitioner has conferred with counsel for the Patent
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`Owner regarding the relief requested in this Motion, and counsel for Patent Owner
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`has agreed not to object to this Motion.
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`III. Certification of Non-Publication
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`On behalf of Petitioner, the undersigned counsel certifies that the
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`information sought to be sealed by this Motion has not been published or otherwise
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`made public.
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`IV. Conclusion
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`For the foregoing reasons, Petitioner respectfully requests that the Board
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`grant the present Motion and seal its Motion to Re-Caption the Proceedings (Paper
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`21).
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`Dated: January 22, 2016
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`
`
`Faegre Baker Daniels
`2200 Wells Fargo Center
`90 S. Seventh Street
`Minneapolis, MN 55402
`Tel: (612) 766-7000
`
`
`US.104207107.01
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`Respectfully submitted,
`
`Faegre Baker Daniels LLP
`
`
` / Walter Linder /
`Walter C. Linder, Lead Counsel
`Reg. No. 31, 707
`Telephone: 612-766-8801
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`
`
`
`
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`
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`By:
`
`
`
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`3
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`
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`Case No. IPR2015-00731
`Petitioner’s Motion to Seal Documents
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`
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`CERTIFICATE OF SERVICE
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`I hereby certify that I caused a true and correct copy of the foregoing
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`Petitioner’s Motion to Seal Documents to be served by email on the following:
`
`Jason D. Eisenberg, Reg. No. 43,447
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`1100 New York Avenue, N.W. Washington, D.C. 20005
`E-mail: jasone-PTAB@skgf.com
`
`Robert Greene Sterne, Reg. No. 28,912
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`1100 New York Avenue, N.W. Washington, D.C. 20005
`E-mail: rsterne-PTAB@skgf.com
`
`Jon E. Wright, Reg. No. 50,720
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`1100 New York Avenue, N.W. Washington, D.C. 20005
`E-mail: jwright-PTAB@skgf.com
`
`Nicholas J. Nowak
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`1100 New York Avenue, N.W. Washington, D.C. 20005
`E-mail: nnowak-PTAB@skgf.com
`
`
`
`
`FAEGRE BAKER DANIELS LLP
`
`
`/ Walter Linder /
`By:
` Walter C. Linder
`
`Reg. No. 31,707
`
`Customer No. 25764
`
`Telephone: 612-766-8801
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`Dated: January 22, 2016
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`
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`
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`Faegre Baker Daniels LLP
`
`2200 Wells Fargo Center
`
`90 South Seventh Street
`Minneapolis, MN 55402-3901
`Telephone: (612) 766-7000
`Facsimile: (612) 766-1600
`
`
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`US.104207107.01
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`4
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