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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`FORD MOTOR COMPANY
`Petitioner
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`v.
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`PAICE LLC & ABELL FOUNDATION, INC.
`Patent Owner
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`Case IPR2015-00801
`Patent 7,237,634
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`MOTION TO SEAL UNDER 37 CFR § 42.74(c)
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`Case IPR2015-00801
`Attorney Docket No: 36351-0015IPD
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`Pursuant to 35 U.S.C. § 317(b) and 37 CFR § 42.74(c), Paice LLC and the
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`Abell Foundation, Inc. (collectively “Patent Owner”) request that the “Appendix
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`A” filed as Exhibit 2803 be treated as Protective Order Material and be sealed such
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`that it is available to the Board and Parties only. “Appendix A” was submitted
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`confidentially to Paice from Ford Motor Company (“Petitioner”) pursuant to an
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`arbitration agreement entered into by the Parties as a part of a settlement of Patent
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`Owner’s 2010 patent infringement suit against Petitioner. Patent Owner believes
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`the default protective order set forth in the Office Patent Trial Practice Guide is
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`sufficient in this case. The Patent Owner certifies that it has in good faith
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`conferred or attempted to confer with Petitioner in an effort to come to agreement
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`as to the scope of the proposed protective order for this inter partes review to
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`comply with 37 C.F.R. § 42.54. In further compliance with 37 C.F.R. § 42.54,
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`Patent Owner has attached a copy of the default protective order set forth in the
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`Office Patent Trial Practice Guide as Exhibit A to this motion.
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`“Appendix A” does not form part of or inform a patentability analysis of the
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`challenged patent and is solely between the Parties to this proceeding. Further,
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`Patent Owner certifies that none of the alleged confidential information contained
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`in “Appendix A” has been made publically available. As a result, protecting the
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`Parties’ interests in protecting truly sensitive information in this case only
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`Case IPR2015-00801
`Attorney Docket No: 36351-0015IPD
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`minimally impacts the public’s interest in maintaining a complete file history.
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`Office Trial Practice Guide, 77 Fed. Reg. 48756, 48760 (Aug. 14, 2012) (“The
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`rules aim to strike a balance between the public’s interest in maintaining a
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`complete and understandable file history and the parties’ interest in protecting truly
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`sensitive information.”).
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`Furthermore, Patent Owner requests that the “PROTECTIVE ORDER
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`MATERIAL” version of the Patent Owner’s Preliminary Response be sealed since
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`that version includes an unredacted discussion of the contents of “Appendix A”
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`and therefore should be sealed for the same reasons “Appendix A” should be
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`sealed. Patent Owner has filed a PUBLIC VERSION of the Patent Owner’s
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`Preliminary Response that redacts the confidential information. While Patent
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`Owner submitted the redacted version as Board and Parties Only, Patent Owner
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`submits that this version may be made public once this Motion to Seal and the
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`appropriate scope of the protective order is decided.
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`Case IPR2015-00801
`Attorney Docket No: 36351-0015IPD
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`Respectfully submitted,
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` /Linda L. Kordziel/
`Timothy W. Riffe, Reg. No. 43,881
`Linda L. Kordziel, Reg. No. 39,732
`Attorneys for Patent Owner
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`4
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`Date: August 10, 2015
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`Customer Number 26171
`Fish & Richardson P.C.
`Telephone: (612) 337-2508
`Facsimile: (612) 288-9696
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`Case IPR2015-00801
`Attorney Docket No: 36351-0015IPD
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 CFR §§ 42.6(e)(4) and 42.205(b), the undersigned certifies
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`that on August 10, 2015, a complete and entire copy of Patent Owner Paice LLC’s
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`& The Abell Foundation, Inc.’s Motion to Seal was provided via email by serving
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`the correspondence email address of record as follows:
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`Frank A. Angileri, Marc Lorelli
`Andrew B. Turner, John P. Rondini
`Brooks Kushman P.C.
`1000 Town Center
`Twenty-Second Floor
`Southfield, Michigan 48075
`Email: FPGP0104IPR8@brookskushman.com
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`Lissi Mojica
`Kevin Greenleaf
`Dentons US LLP
`233 South Wacker Drive, Suite 7800
`Chicago, IL 60606-6306
`Email: iptdocketchi@dentons.com
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`/Susan C. Johnson /
`Susan C. Johnson
`Fish & Richardson P.C.
`60 South Sixth Street, Suite 3200
`Minneapolis, MN 55402
`(214) 292-4086
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`5
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`EXHIBIT A
`EXHIBIT A
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`DEFAULT PROTECTIVE ORDER
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`The following Standing Protective Order will be automatically entered into the
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`proceeding upon the filing of a petition for review or institution of a derivation:
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`Standing Protective Order
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`This standing protective order governs the treatment and filing of confidential
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`information, including documents and testimony.
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`1. Confidential information shall be clearly marked “PROTECTIVE ORDER
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`MATERIAL.”
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`2. Access to confidential information is limited to the following individuals who
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`have executed the acknowledgment appended to this order:
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`(A) Parties. Persons who are owners of a patent involved in the proceeding and
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`other persons who are named parties to the proceeding.
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`(B) Party Representatives. Representatives of record for a party in the
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`proceeding.
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`(C) Experts. Retained experts of a party in the proceeding who further certify in
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`the Acknowledgement that they are not a competitor to any party, or a consultant
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`for, or employed by, such a competitor with respect to the subject matter of the
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`proceeding.
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`(D) In-house counsel. In-house counsel of a party.
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`(E) Other Employees of a Party. Employees, consultants or other persons
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`performing work for a party, other than in-house counsel and in-house counsel’s
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`support staff, who sign the Acknowledgement shall be extended access to
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`confidential information only upon agreement of the parties or by order of the
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`Board upon a motion brought by the party seeking to disclose confidential
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`information to that person. The party opposing disclosure to that person shall have
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`the burden of proving that such person should be restricted from access to
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`confidential information.
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`(F) The Office. Employees and representatives of the Office who have a need for
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`access to the confidential information shall have such access without the
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`requirement to sign an Acknowledgement. Such employees and representatives
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`shall include the Director, members of the Board and their clerical staff, other
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`support personnel, court reporters, and other persons acting on behalf of the
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`Office.
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`(G) Support Personnel. Administrative assistants, clerical staff, court reporters
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`and other support personnel of the foregoing persons who are reasonably
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`necessary to assist those persons in the proceeding shall not be required to sign an
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`Acknowledgement, but shall be informed of the terms and requirements of the
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`Protective Order by the person they are supporting who receives confidential
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`information.
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`3. Persons receiving confidential information shall use reasonable efforts to
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`maintain the confidentiality of the information, including:
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`(A) Maintaining such information in a secure location to which persons not
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`authorized to receive the information shall not have access;
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`(B) Otherwise using reasonable efforts to maintain the confidentiality of the
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`information, which efforts shall be no less rigorous than those the recipient uses to
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`maintain the confidentiality of information not received from the disclosing party;
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`(C) Ensuring that support personnel of the recipient who have access to the
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`confidential information understand and abide by the obligation to maintain the
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`confidentiality of information received that is designated as confidential; and
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`(D) Limiting the copying of confidential information to a reasonable number of
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`copies needed for conduct of the proceeding and maintaining a record of the
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`locations of such copies.
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`4. Persons receiving confidential information shall use the following procedures
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`to maintain the confidentiality of the information:
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`(A) Documents and Information Filed With the Board.
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`(i) A party may file documents or information with the Board under seal, together
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`with a non-confidential description of the nature of the confidential information
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`that is under seal and the reasons why the information is confidential and should
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`not be made available to the public. The submission shall be treated as
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`confidential and remain under seal, unless, upon motion of a party and after a
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`hearing on the issue, or sua sponte, the Board determines that the documents or
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`information do not to qualify for confidential treatment.
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`(ii) Where confidentiality is alleged as to some but not all of the information
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`submitted to the Board, the submitting party shall file confidential and non-
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`confidential versions of its submission, together with a Motion to Seal the
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`confidential version setting forth the reasons why the information redacted from
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`the non-confidential version is confidential and should not be made available to
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`the public. The nonconfidential version of the submission shall clearly indicate
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`the locations of information that has been redacted. The confidential version of
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`the submission shall be filed under seal. The redacted information shall remain
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`under seal unless, upon motion of a party and after a hearing on the issue, or sua
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`sponte, the Board determines that some or all of the redacted information does not
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`qualify for confidential treatment.
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`(B) Documents and Information Exchanged Among the Parties. Information
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`designated as confidential that is disclosed to another party during discovery or
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`other proceedings before the Board shall be clearly marked as “PROTECTIVE
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`ORDER MATERIAL” and shall be produced in a manner that maintains its
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`confidentiality.
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`(j) Standard Acknowledgement of Protective Order. The following form may be used to
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`acknowledge a protective order and gain access to information covered by the protective
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`order:
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`[CAPTION]
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`Standard Acknowledgment for Access to Protective Order Material
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`I __________________________________________, affirm that I
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`have read the Protective Order; that I will abide by its terms; that I will use
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`the confidential information only in connection with this proceeding and
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`for no other purpose; that I will only allow access to support staff who are
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`reasonably necessary to assist me in this proceeding; that prior to any
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`disclosure to such support staff I informed or will inform them of the
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`requirements of the Protective Order; that I am personally responsible for
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`the requirements of the terms of the Protective Order and I agree to submit
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`to the jurisdiction of the Office and the United States District Court for the
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`Eastern District of Virginia for purposes of enforcing the terms of the
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`Protective Order and providing remedies for its breach.
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`[Signature]
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