`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-145
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`___________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________________
`
`
`
`LUMENTUM HOLDINGS, INC., LUMENTUM, INC., and LUMENTUM
`OPERATIONS LLC,
`Petitioner,
`
`v.
`
`CAPELLA PHOTONICS, INC.
`Patent Owner.
`
`___________________
`
`Case IPR2015-00731
`Patent RE42,368
`___________________
`
`
`PATENT OWNER’S MOTION TO SEAL THE BOARD-CALL
`TRANSCRIPT
`
`
`
`
`I.
`
`STATEMENT OF RELIEF REQUESTED
`
`Case IPR2015-00731
`Patent RE42,368
`
`Capella Photonics, Inc. respectfully requests that the Board maintain the
`
`transcript from the Board call on February 2, 2016 (Exhibit 2035) as confidential
`
`and under seal.
`
`II.
`
`REASONS FOR RELIEF REQUESTED
`
`In its January 22, 2016 Motion to Seal, Petitioner described a Schedule to a
`
`Contribution Agreement and redacted the reference to and a quote from the
`
`Schedule in both the confidential and public version of the motion. See Paper 23,
`
`pp. 2-3; Paper 22, p. 4. Although the Schedule that includes this quotation is an
`
`unproduced private document, Petitioner relies solely on this quotation to show
`
`that the Lumentum entities are RPIs and the Viavi entity is not an RPI. See Paper
`
`22, pp. 3-4.
`
`Even though the quotation from the Schedule is already redacted, Petitioner
`
`maintains that “a portion of [its Motion to Re-Caption] summarizes and/or
`
`otherwise reveals Petitioner’s confidential business information derived from
`
`documents that are not publicly available, the disclosure of which could have a
`
`serious negative impact on Petitioner and its business.” Paper 23, pp. 2-3.
`
`The Board has not yet ruled on Petitioner’s Motion to Seal, and the
`
`transcript from the Board call on February 2, 2016 includes discussion about the
`
`private document, if one actually exists, that includes this quotation. Accordingly,
`
`
`
`- 1 -
`
`
`
`
`Capella has filed this motion to keep, under seal, any information the Board may
`
`Case IPR2015-00731
`Patent RE42,368
`
`decide is confidential based on Petitioner’s motion.
`
`Although Capella recognizes that the entirety of the February 2, 2016 Board-
`
`call transcript is likely not confidential, Capella asks the Board to keep the
`
`transcript under seal until the parties agree on a redacted version or when the
`
`Board denies Petitioner’s Motion to Seal.
`
`
`
`Date: February 4, 2016
`
`
`
`Respectfully submitted,
`/Jason D. Eisenberg/
`Jason D. Eisenberg, Reg. No. 43,447
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`Counsel for Patent Owner
`
`
`
`
`
`- 2 -
`
`
`
`Case IPR2015-00731
`Patent RE42,368
`
`CERTIFICATE OF SERVICE (37 C.F.R. § 42.6(e))
`The undersigned hereby certifies that the foregoing PATENT OWNER’S
`
`
`
`
`
`MOTION TO SEAL THE BOARD-CALL TRANSCRIPT and EXHIBIT
`
`2035 were served electronically via e-mail on February 4, 2016 in their entireties
`
`on the following counsel of record for Petitioner:
`
`Walter C. Linder (Lead Counsel)
`Kenneth Liebman (Back-up Counsel)
`Paul Sherburne (Back-up Counsel)
`FAEGRE BAKER DANIELS LLP
`90 South Seventh Street, 2200 Wells Fargo Center
`Minneapolis, MN 55402
`walter.linder@FaegreBD.com
`ken.liebman@FaegreBD.com
`paul.sherburne@FaegreBD.com
`
`
`
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`/Jason D. Eisenberg/
`Jason D. Eisenberg, Registration No. 43,447
`Counsel for Patent Owner
`
`Date: February 4, 2016
`
`1100 New York Avenue, N.W.
`Washington, D.C.20005-3934
`(202) 371-2600
`
`
`
`
`
`
`
`- 3 -
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