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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`ARISTA NETWORKS, INC.,
`Petitioner
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`v.
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`CISCO SYSTEMS, INC.,
`Patent Owner
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`Case IPR2016-00309
`Patent 7,224,668
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`UNOPPOSED MOTION TO SEAL UNDER 37 CFR § 42.14
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`Case IPR2016-00309
`Attorney Docket No: 40963-0006IP3
`Pursuant to 37 C.F.R. §§ 42.14, 42.54(a) Petitioner Arista Networks, Inc.,
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`(“Arista”) hereby submits this Motion to Seal portions of its Reply to the Patent
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`Owner Response, being filed concurrently herewith. The portions sought to be
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`sealed substantively discuss materials designated by Patent Owner as for “the
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`Board and Parties’ Eyes Only” under the Default Protective Order in connection
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`with Patent Owner’s Motion to Seal (Paper No. 20), filed concurrently with the
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`Patent Owner response. No additional materials or information are sought to be
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`sealed. Patent Owner does not oppose this motion.
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`The Board may seal documents where there is “good cause” that “strike[s] a
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`balance between the public’s interest in maintaining a complete and
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`understandable file history and the parties’ interest in protecting truly sensitive
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`information.” The Office Trial Practice Guide, 77 Fed. Reg. 48756,48760 (August
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`14, 2012). On September 29, 2016, Patent Owner filed its Patent Owner Response
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`and, concurrently therewith, filed a Motion to Seal portions of the Patent Owner
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`Response and certain exhibits thereto pursuant to the Default Protective Order
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`(Paper Nos. 19, 20). Patent Owner redacted portions of its Patent Owner Response
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`and designated exhibits 2008-2012, 2046, and 2047 as for “the Board and Parties’
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`Eyes Only,” contending that those exhibits and related portions of the Patent
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`Owner Response contained Patent Owner’s financial and technical confidential
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`2
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`Case IPR2016-00309
`Attorney Docket No: 40963-0006IP3
`business information. The Board has not issued a decision on Patent Owner’s
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`Motion to Seal.
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`Because the Patent Owner Response presents arguments based on
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`information that Patent Owner has designated confidential, Arista’s Reply to the
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`Patent Owner Response necessarily also contains information subject to Patent
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`Owner’s confidentiality designations. Accordingly, to preserve the confidentiality
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`of the materials subject to Patent Owner’s Motion to Seal at least until such time as
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`the Board rules on Patent Owner’s motion, Petitioner moves the Board to seal
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`those portions its Reply that refer to materials designated by Patent Owner as for
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`“the Board and Parties’ Eyes Only.” Arista does not request that any other
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`portions of its Reply to the Patent Owner Response be sealed, nor does it request
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`that any exhibits filed with its Reply be sealed.
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`In accordance with the Default Protective Order, Petitioner is submitting
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`herewith both a sealed version of its Reply to the Patent Owner Response and a
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`redacted, public version of the same Reply.
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`3
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`Case IPR2016-00309
`Attorney Docket No: 40963-0006IP3
`Respectfully submitted,
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`/s/ Lauren A. Degnan
`W. Karl Renner, Reg. No. 41,265
`Lauren A. Degnan, Reg. No. 40,584
`Steven R. Katz, Reg. No. 43,706
`Adam R. Shartzer, Reg. No. 57,264
`Ralph A. Phillips (admitted pro hac vice)
`Attorneys for Petitioner
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`Date: February 1, 2017
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`Customer Number 26171
`Fish & Richardson P.C.
`Telephone: (612) 337-2509
`Facsimile: (612) 288-9696
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`Case IPR2016-00309
`Attorney Docket No: 40963-0006IP3
`CERTIFICATE OF SERVICE
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`Pursuant to 37 CFR § 42.6(e)(4), the undersigned certifies that on February
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`1, 2017, a complete and entire copy of this Petitioner’s Motion to Seal was
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`provided via email, to the Petitioner by serving the email correspondence addresses
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`of record as follows:
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`Lori A. Gordon
`Robert Greene Sterne
`Jon E. Wright
`Daniel S. Block
`Sterne, Kessler, Goldstein & Fox P.L.L.C.
`1100 New York Avenue, NW
`Washington, DC 20005
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`Email: lgordon-PTAB@skgf.com
`Email: rsterne-PTAB@skgf.com
`Email: jwright-PTAB@skgf.com
`Email: dblock-PTAB@skgf.com
`Email: ptab@skgf.com
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`/Edward G. Faeth/
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`Edward G. Faeth
`Fish & Richardson P.C.
`60 South Sixth Street, Suite 3200
`Minneapolis, MN 55402
`(202) 626-6420
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`5
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