`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_______________
`
`SONY CORPORATION
`SAMSUNG ELECTRONICS, CO., LTD.,
`SAMSUNG ELECTRONICS AMERICA, INC. and
`SAMSUNG SEMICONDUCTOR, INC.,
`Petitioners
`
`v.
`
`RAYTHEON COMPANY,
`Patent Owner
`_______________
`
`Case: IPR2016-00209
`Patent 5,591,678
`_______________
`
`PATENT OWNER’S UNOPPOSED MOTION TO SEAL PURSUANT TO
`37 C.F.R. § 42.14
`
`
`
`
`
`
`
`
`
`Introduction
`
`
`
`
`
`
`
`I.
`
`This proceeding, along with IPR2015-001201, which have been combined
`
`for purposes of the hearing on October 13, 2016 (see Paper No. 35), contains
`
`information that is confidential and restricted by the International Traffic in Arms
`
`Regulations (“ITAR”). On March 11, 2016, the Board entered a Protective Order
`
`in IPR2015-001201. [Paper No. 20, IPR2015-01201.] The same Protective Order
`
`should be entered in this proceeding given the confidential/ITAR-restricted nature
`
`of certain information in the case (i.e. the exhibit Patent Owner seeks to file under
`
`seal herewith). Petitioner has already filed that Protective Order with its
`
`Unopposed Motion to Seal. [Paper No. 30.]
`
`Pursuant to 37 CFR § 42.14 and permission from the Board on the
`
`September 21, 2016 conference call, Patent Owner requests that the Board seal
`
`Exhibit No. 2031 under the Protective Order. Exhibit No. 2031 is confidential and
`
`restricted by the International Traffic in Arms Regulations (“ITAR”). Petitioner
`
`does not oppose.
`
`II. The Protective Order
`
`Petitioner’s Unopposed Motion to Seal dated August 19, 2016 attached a
`
`copy of the Protective Order entered in IPR2015-001201. [Paper No. 30, IPR2016-
`
`001201; see Paper No. 20, IPR2015-01201]. As indicated in that motion, Patent
`
`
`
`2
`
`
`
`
`
`
`
`
`
`Owner agrees with Petitioner that the Protective Order from co-pending IPR2016-
`
`001201 should be entered in this proceeding. Accordingly, Patent Owner
`
`respectfully requests that the Board enter that Protective Order in this case.
`
`III. Patent Owner’s Motion to Seal
`
`The Office Patent Trial Practice Guide provides that “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.” 77 Fed. Reg. 48,756, 48,760 (Aug. 14, 2012). Those rules “identify
`
`confidential information in a manner consistent with Federal Rule of Civil
`
`Procedure 26(c)(1)(G), which provides for protective orders for trade secret or
`
`other confidential research, development, or commercial information.” Id. (citing
`
`37 C.F.R. § 42.54).
`
`Exhibit 2031, referenced in the transcript of the deposition of Dr. Drab,
`
`relates to national defense and is thus subject to strict confidentiality requirements
`
`and regulations, including ITAR. Accordingly, Patent Owner requests that Ex.
`
`2031 be sealed. Petitioner does not oppose.
`
`
`
`3
`
`
`
`
`
`
`
`
`
`IV. Conclusion
`
`For the foregoing reasons, Patent Owner respectfully requests that the Board
`
`seal Exhibit 2031 and enter the Protective Order attached to Petitioner’s August 19,
`
`2016 motion.
`
`Dated: October 7, 2016
`
`
`
` Respectfully submitted,
`
`
`
`
`
`
`
`
`
`
`/Thomas J. Filarski/
`Thomas J. Filarski
`Reg. No. 31,612
`
`Counsel for Raytheon Company
`
`
`
`
`
`
`
`
`
`
`
`
`4
`
`
`
`
`
`Customer Number: 27890
`Steptoe & Johnson, LLP
`115 S. LaSalle Street, Suite 3100
`Chicago, IL 60603
`
`Telephone: (312) 577-1252
`
`
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`
`
`
`
`The undersigned certifies that a copy of the foregoing PATENT OWNER’S
`
`MOTION TO SEAL was served on October 7, 2016 in its entirety by filing this
`
`document through the Patent Trial and Appeal Board End to End system (PTAB
`
`E2E) as well as by delivering a copy via electronic mail to the following:
`
`Heath J. Briggs
`Patrick J. McCarthy
`GREENBERG TRAURIG, LLP
`briggs@gtlaw.com
`mccarthy@gtlaw.com
`
`Attorneys for Petitioners Samsung
`Electronics, Co. Ltd., Samsung
`Electronics America, Inc. and Samsung
`Semiconductor, Inc.
`
`By:
`
`/Thomas J. Filarski/
`Thomas J. Filarski
`Reg. No. 31,612
`Steptoe & Johnson LLP
`115 S. LaSalle Street, Suite 3100
`Chicago, IL 60603
`
`Telephone: (312) 577-1252
`
`Counsel for Raytheon Company
`
`
`
`
`Matthew A. Smith
`Jennifer Seraphine
`Jacob Zweig
`TURNER BOYD LLP
`smith@turnerboyd.com
`seraphine@turnerboyd.com
`zweig@turnerboyd.com
`
`Robert Hails
`T. Cy Walker
`BAKER & HOSTETLER LLP
`rhails@bakerlaw.com
`cwalker@bakerlaw.com
`
`Attorneys for Petitioner Sony
`Corporation
`
`Date: October 7, 2016
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