`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`__________________
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`___________________
`
`
`PALO ALTO NETWORKS, INC. and
`BLUE COAT SYSTEMS, INC.,
`Petitioner,
`
`v.
`
`FINJAN, INC.,
`Patent Owner.
`
`____________________
`
`Case IPR2016-001591
`U.S. Patent No. 8,677,494
`
`__________________________________________________________
`
`PATENT OWNER’S MOTION FOR ENTRY OF THE
`DEFAULT PROTECTIVE ORDER AND TO SEAL CERTAIN
`EXHIBITS UNDER 37 C.F.R. §§ 42.14 AND 42.54
`
`
`
`
`1 Case IPR2016-01174 has been joined with this proceeding.
`
`
`
`
`
`
`Pursuant to 37 C.F.R. §§ 42.14 and 42.54, Patent Owner, Finjan, Inc.,
`
`(“Finjan”) hereby moves for entry of the Default Protective Order and to seal a
`
`certain Exhibit (referred to herein as the “Subject Exhibit”) which is identified
`
`below:
`
`Filing/Exhibit
`
`Content
`
`Confidential Information
`
`Exhibit 2048
`
`Supplemental Declaration of
`S.H. Michael Kim, redacted
`portions at ¶ 8
`
`Contains highly confidential
`information regarding Finjan’s
`confidential business and
`licensing practices, and other
`financial information.
`
`
`I.
`
`GOOD CAUSE EXISTS FOR SEALING CERTAIN CONFIDENTIAL
`INFORMATION
`The Board’s standards for granting motions to seal are discussed in Garmin
`
`International v. Cuozzo Speed Technologies, LLC, IPR2012-00001 (Paper 34 at 4-
`
`5, Mar. 14, 2013). The standard for granting a motion to seal is “good cause.” 37
`
`C.F.R. § 42.54(a). The moving party bears the burden of showing that the relief
`
`requested should be granted. 37 C.F.R. § 42.20(c). In particular:
`
`The rules aim to strike a balance between the public’s interest in
`maintaining a complete and understandable file history and the
`parties’ interest in protecting truly sensitive information.
`*
`*
`*
`Confidential Information: The rules identify confidential information
`in a manner consistent with Federal Rule of Civil Procedure
`
`
`
`1
`
`
`
`26(c)(1)(G), which provides for protective orders for trade secret or
`other confidential research, development, or commercial information.
`
`35 U.S.C. § 316(a)(7); 37 C.F.R. § 42.54; Office Trial and Practice Guide, 77 Fed.
`
`Reg. 48756, 48760 (Aug. 14, 2012).
`
`The Subject Exhibit contains confidential information requiring that it be
`
`designated as “PROTECTIVE ORDER MATERIAL” under the Default Protective
`
`Order (attached hereto as Exhibit 2049). The Subject Exhibit contains highly
`
`confidential information and in particular, discusses and reveals confidential
`
`information regarding highly confidential internal information relating to Finjan’s
`
`licensing practices. The confidential information disclosed in the Subject Exhibit
`
`is also outlined in the chart above.
`
`The sealing of the foregoing is of particular importance because the public
`
`disclosure of such “truly sensitive information” would impact Finjan’s competitive
`
`position in the market. In particular, the exposure of Finjan’s internal licensing
`
`efforts and strategies would allow competitors to access information that would
`
`significantly harm its successor entities competitive position in the marketplace.
`
`Furthermore, and notwithstanding the foregoing, granting this Motion would
`
`not prejudice nor impact this underlying proceeding. The public’s interest in
`
`accessing the information requiring that the Subject Exhibit be sealed for the
`
`purposes of the patentability of the challenged claims is unquestionably
`
`
`
`2
`
`
`
`outweighed by the prejudicial effect and competitive harm of disclosing the above
`
`described confidential business information.
`
`II. CERTIFICATION OF NON-PUBLICATION
`To the best of Finjan’s knowledge, the confidential information contained in
`
`the Subject Exhibit has not been made publically available.
`
`III. CERTIFICATION OF CONFERENCE WITH OPPOSING PARTY
`PURSUANT TO 37 C.F.R. § 42.54
`
`Finjan, in good faith, met and conferred with Petitioners regarding the scope
`
`of the Default Protective Order. Petitioners do not object to the entry of the
`
`Default Protective Order.
`
`IV. PROPOSED PROTECTIVE ORDER
`Finjan proposes that the Default Protective Order found in Appendix B of
`
`the Trial Practice Guide be entered. A copy of the Default Protective Order is
`
`concurrently filed herewith and attached hereto as Exhibit 2049. Petitioners do not
`
`object to the entry of the Default Protective Order.
`
`V. CONCLUSION AND RELIEF REQUESTED
`Accordingly, good cause exists to warrant entry of the Default Protective
`
`Order and to seal the Subject Exhibit from public disclosure.
`
`3
`
`
`
`
`
`
`
`Dated: January 24, 2017
`
`(Case No. IPR2016-00159)
`
`Respectfully submitted,
`
`
`
`
`
`/James Hannah/
`
`James Hannah (Reg. No. 56,369)
`Kramer Levin Naftalis & Frankel LLP
`990 Marsh Road
`Menlo Park, CA 94025
`Tel: 650.752.1700 Fax: 650.752.1800
`
`Jeffrey H. Price (Reg. No. 69,141)
`Kramer Levin Naftalis & Frankel LLP
`1177 Avenue of the Americas
`New York, NY 10036
`Tel: 212.715.7502 Fax: 212.715.8000
`
`Attorneys for Patent Owner
`
`
`
`4
`
`
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R. § 42.6(e), the undersigned certifies that a true and
`
`correct copy of the foregoing Patent Owner’s Motion for Entry of the Default
`
`Protective Order and to Seal Certain Exhibits under 37 C.F.R. §§ 42.14 and
`
`42.54 was served on January 24, 2017, by filing this document through the
`
`Patent Review Processing System as well as delivering via electronic mail
`
`upon the following counsel of record for Petitioner:
`
`
`
`Orion Armon
`Brian Eutermoser
`COOLEY LLP
`380 Interlocken Crescent, Suite 900
`Broomfield, Colorado 80021
`oarmon@cooley.com
`beutermoser@cooley.com
`zpatdcdocketing@cooley.com
`
`
`Max Colice
`COOLEY LLP
`500 Boylston Street, 14th Floor
`Boston, Massachusetts 02116-3736
`mcolice@cooley.com
`zpatdcdocketing@cooley.com
`
`Jennifer Volk-Fortier
`COOLEY LLP
`One Freedom Square
`Reston Town Center
`11951 Freedom Drive
`Reston, Virginia 2019
`jvolkfortier@cooley.com
`zpatdcdocketing@cooley.com
`
`
`
`
`
`5
`
`
`
`
`
`
`
`
`
`/James Hannah/
`
`James Hannah (Reg. No. 56,369)
`Kramer Levin Naftalis & Frankel
`LLP
`990 Marsh Road,
`Menlo Park, CA 94025
`(650) 752-1700
`
`Michael T. Rosato
`Andrew. S. Brown
`WILSON SONSINI GOODRICH &
`ROSATI
`701 Fifth Avenue, Suite 5100
`Seattle, WA 98104-7036
`mrosato@wsgr.com
`asbrown@wsgr.com
`
`Neil N. Desai
`WILSON SONSINI GOODRICH &
`ROSATI
`633 West Fifth Street, 15th Floor
`Los Angeles, CA 90071-2027
`ndesai@wsgr.com
`
`
`
`
`
`
`
`6
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`
`
`
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