UNITED STATES PATENT AND TRADEMARK OFFICE
`___________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________
`
`HYDRITE CHEMICAL CO.,
`Petitioner,
`
`v.
`
`SOLENIS TECHNOLOGIES, L.P.,
`Patent Owner.
`
`___________
`
`Case IPR2015-01592
`Patent No. 8,962,059
`___________
`
`
`
`PATENT OWNER’S MOTION TO SEAL
`
`
`___________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________
`
`HYDRITE CHEMICAL CO.,
`Petitioner,
`
`v.
`
`SOLENIS TECHNOLOGIES, L.P.,
`Patent Owner.
`
`___________
`
`Case IPR2015-01592
`Patent No. 8,962,059
`___________
`
`
`
`PATENT OWNER’S MOTION TO SEAL
`
`
`
`IPR2015-01592
`Motion to Seal
`Pursuant to 37 C.F.R. §§ 42.14 and 42.54, Patent Owner, Solenis
`
`Technologies, L.P. (“Solenis”), respectfully requests that the Board seal the
`
`following documents because they contain confidential information:
`
`Exhibit 2003 – Declaration of Scott Kohl
`
`Exhibit 2004 – Declaration of Jennifer Bailey
`
`Exhibit 2012 – Sales of the DimensionTM products
`
`Exhibit 2013 – Line Card for the DimensionTM products
`
`Exhibit 2017 – Solenis Trial Plan
`
`Patent Owner’s Response
`
`Those documents are currently provisionally sealed. Pursuant to Section
`
`4(A)(ii) of the Default Standing Protective Order, to which the parties have agreed,
`
`non-confidential versions containing redactions have been submitted when
`
`possible. See 77 Fed. Reg. 48756, 48771 (Aug. 14, 2012). A copy of the
`
`protective order and the parties’ signed certifications of agreement are attached at
`
`Attachment 1.
`
`Notwithstanding the default rule that all papers filed in an inter partes
`
`review are open and available for access by the public, a party may file a motion
`
`with the Board to seal confidential information that is protected from disclosure.
`
`Garmin v. Cuozzo, IPR2012-00001, Paper No. 36. Confidential information in an
`
`inter partes review is identified in a manner consistent with Federal Rule of Civil
`
`
`
`1
`
`
`
`IPR2015-01592
`Motion to Seal
`Procedure 26(c)(1)(G), which provides for protective orders for trade secret or
`
`other confidential research, development, or commercial information.” Office
`
`Patent Trial Practice Guide, 77 Fed. Reg. 48756, at 48760 (Aug. 14, 2012) “The
`
`standard for granting a motion to seal is ‘for good cause.’” Id. (quoting 37 C.F.R
`
`§ 42.54).
`
`Solenis submits that good causes exist for sealing of the confidential
`
`information contained in the above-identified documents pursuant to 37 C.F.R.
`
`42.54 and the Patent Office Trial Practice Guide, 77 Fed. Reg. 48756, at 48760.
`
`Solenis’s confidential information includes competitively sensitive technical,
`
`financial, and sales-related business information, including highly sensitive
`
`information, the disclosure of which is likely to result in significant harm to
`
`Solenis’s business and competitive position. Solenis relies upon this information
`
`as proof of commercial success of its patented technology.
`
`Provided below for each pertinent document is a non-confidential
`
`description of the confidential information, the reasons why the information is
`
`confidential, and the reasons why the information should not be made available to
`
`the public.
`
` Exhibit 2003, Declaration of Scott D. Kohl:
`
`The redacted portions of Exhibit 2003 contain confidential commercial
`
`information pertaining to the ingredients of Patent Owner’s DimensionTM Corn Oil
`
`
`
`2
`
`
`
`IPR2015-01592
`Motion to Seal
`Extraction Aids (“the DimensionTM products”). If disclosed, this information could
`
`put Solenis at a commercial disadvantage with potential customers and
`
`competitors.
`
` Exhibit 2004, Declaration of Jennifer Bailey:
`
`The redacted portions of Exhibit 2004 contain confidential commercial
`
`information pertaining to the ingredients of the DimensionTM products, and
`
`confidential sales information pertaining to them. If disclosed, this information
`
`could put Solenis at a commercial disadvantage with potential customers and
`
`competitors.
`
` Exhibit 2012, Sales of the DimensionTM Products:
`
`This document contains confidential commercial information pertaining to
`
`the sales volume for the DimensionTM products. If disclosed, this information
`
`could put Solenis at a commercial disadvantage with potential customers and
`
`competitors.
`
` Exhibit 2013, Line Card Information for the DimensionTM Products:
`
`This document contains confidential information pertaining to the
`
`development and use of the DimensionTM products. If disclosed, this information
`
`could put Solenis at a commercial disadvantage with potential customers and
`
`competitors.
`
` Exhibit 2017, Solenis Trial Plan:
`
`3
`
`
`
`
`
`IPR2015-01592
`Motion to Seal
`This document contains commercially sensitive information pertaining to
`
`Solenis’s marketing strategy and customer information. If disclosed, this
`
`information could put Solenis at a commercial disadvantage with potential
`
`customers and competitors.
`
` Patent Owner’s Response
`
`The majority of Solenis’s Patent Owner Response is not confidential.
`
`However, it contains confidential information that is derived from the Dr. Kohl’s
`
`declaration (2003), Ms. Bailey’s declaration (Ex. 2004), Exhibit 2012, Exhibits
`
`2013, and Ex. 2017. Accordingly, for the reasons stated above, portions of the
`
`Response should remain under seal.
`
`Patent Owner therefore respectfully requests that the aforementioned
`
`materials remain under seal pursuant to the Default Standing Protective Order.
`
`Respectfully submitted,
`
`/Joseph Lucci/
`Joseph Lucci, Esquire
`Reg. No. 33,307
`Baker & Hostetler LLP
`Cira Centre, 12th Floor
`2929 Arch Street
`Philadelphia, PA 19104
`215-568-3100 main
`215-568-3439 fax
`jlucci@bakerlaw.com
`
`
`4
`
`
`
`Dated: April 22, 2016
`
`
`
`
`
`IPR2015-01592
`Motion to Seal
`Attorney for Patent Owner
`
`
`
`5
`
`
`
`CERTIFICATE OF SERVICE
`I, David N. Farsiou, hereby certify that on this 22nd day of April, the
`foregoing PATENT OWNER’S MOTION TO SEAL was served electronically via
`e-mail on the following:
`
`
`Richard Roche
`Joel A. Austin
`Christopher J. Fahy
`QUARLES & BRADY LLP
`411 East Wisconsin Avenue
`Suite 2350
`Milwaukee, Wisconsin 53202
`richard.roche@quarles.com
`joel.austin@quarles.com
`christopher.fahy@quarles.com
`
`
`
`
`/David N. Farsiou/
`David N. Farsiou
`Reg. No. 44,104
`Baker & Hostetler LLP
`Cira Centre, 12th Floor
`2929 Arch Street
`Philadelphia, PA 19104
`
`Attorney for Patent Owner
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`ATTACHMENT 1
`
`ATTACHMENT 1
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`HYDRITE CHEMICAL CO.,
`Petitioner,
`
`v.
`
`SO LENIS TECHNOLOGIES, L.P .,
`Patent Owner
`
`Case IPR2015-01592
`Patent No. 8,962,059
`
`DEFAULT STANDING PROTECTIVE ORDER
`
`
`
`Case IPR2015-01592
`Patent 8,962,059
`
`This standing protective order governs the treatment and filing of
`
`confidential information, including documents and testimony in Case No.
`
`IPR2015-01592. It follows the Board's default protective order set forth in
`
`Appendix B of the Patent Office Trial Practice Guide, 77 Fed. Reg. 48,756, 48,771
`
`(Aug. 14, 2012). The parties are (1) Patent Owner Solenis Technologies, L.P., and
`
`(2) Petitioner Hydrite Chemical Co.
`
`1.
`
`Designation of Confidential Information. The producing party shall
`
`have the obligation to clearly mark as "PROTECTIVE ORDER MATERIAL" any
`
`documents or information considered to be confidential under the Protective
`
`order.
`
`2.
`
`Persons Entitled to Access to Confidential Information. A party
`
`receiving confidential information shall strictly restrict access to that information
`
`to the following individuals who have executed the acknowledgement 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,
`
`608726 1743
`
`1
`
`
`
`Case IPR2015-01592
`Patent 8,962,059
`
`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-house 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
`
`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 U.S. Patent and
`
`Trademark 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 staff, other Office 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
`
`6087261 74.3
`
`2
`
`
`
`Case IPR2015-01592
`Patent 8,962,059
`
`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.
`
`Protection of Coefzdential Information. Persons receiving
`
`confidential information shall take reasonable care to maintain the confidentiality
`
`of that information, including:
`
`(A) Maintaining such information in a secure location to which
`
`persons not authorized to receive the information shall not have access;
`
`(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:
`
`608726 1743
`
`3
`
`
`
`Case IPR2015-01592
`Patent 8,962,059
`
`(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
`
`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
`
`confidential version setting forth the reasons why the 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.
`
`608726174.3
`
`4
`
`
`
`Case IPR2015-01592
`Patent 8,962,059
`
`(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
`
`"PROTECTIVE ORDER MATERIAL" and shall be produced in a manner that
`
`maintains its confidentiality.
`
`608726 174.3
`
`5
`
`
`
`Case IPR2015-01592
`Patent 8,962,059
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`HYDRITE CHEMICAL CO.,
`Petitioner,
`
`v.
`
`SOLENIS TECHNOLOGIES, L.P.,
`Patent Owner
`
`Case IPR2015-01592
`Patent No. 8,962,059
`
`STANDARD 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
`
`supp011 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
`
`608726 174.3
`
`6
`
`
`
`Case IPR2015-01592
`Patent 8,962,059
`
`District of Virginia for purposes of enforcing the terms of the Protective Order and
`
`providing remedies for its breach.
`
`Dated: - - - - - - - -
`
`Signed: ________ _
`
`608726 174.3
`
`7
`
`
`
`Case IPR2015-01592
`
`Patent 8,962,059
`
`CERTIFICATION OF AGREEMENT TO TERMS OF THE DEFAULT
`
`STANDING PROTECTIVE ORDER
`
`1, Joseph Lucci, affirm that I am the representative of record for Patent
`
`Owner Solenis Technologies, L.P. in IPR2015-01592. I hereby certify that Solenis
`
`accepts and agrees to the terms of the Default Standing Protective Order.
`
`Dated: April 22, 2016
`
`Signed:
`
`BAKER & HOSTETLER LLP
`
`Joseph Lucci (Registration No. 28,734)
`David N. Farsiou (Registration No. 50,982)
`Attorneys for Patent Owner — Solenis
`Technologies, L.P.
`
`Baker & Hostetler LLP
`Cira Centre, 12”‘ Floor
`2929 Arch Street
`
`Philadelphia, PA 19104-2891
`215-568-3100
`
`
`
`Case IPR2015-01592
`Patent 8,962,059
`
`CERTIFICATION OF AGREEMENT TO TERMS OF THE DEFAULT
`STANDING PROTECTIVE ORDER
`
`I, Richard T. Roche, affirm that I am the representative of record for
`
`Petitioner Hydrite Chemical Co. in IPR2015-01592. I hereby certify that Hydrite
`
`accepts and agrees to the terms of the Default Standing Protective Order.
`
`Dated: April 21, 2016
`
`Signed:
`
`QUARLES & BRADY LLP
`
`Richard Roche (Registration No. 38,599)
`Joel Austin (Registration No. 59,712)
`Attorneys for Petitioner - Hydrite Chemical
`Co.
`
`Quarles & Brady LLP
`411 East Wisconsin A venue
`Suite 2350
`Milwaukee, Wisconsin 53202
`414-277-5805
`
`608726 174.3
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