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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 C.F.R. § 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 demonstrative
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`exhibits, which are being filed concurrently herewith. Specifically, Arista moves
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`to file under seal those portions of its demonstratives that disclose information
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`designated by Patent Owner as for “the Board and Parties’ Eyes Only” under the
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`Default Protective Order in connection with Patent Owner’s Motion to Seal (Paper
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`No. 20), filed concurrently with the Patent Owner response. This motion does not
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`seek to designate any new information as confidential. Patent Owner does not
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`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. On February 1, 2016, in connection with the filing of
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`Arista’s Reply to the Patent Owner Response, Arista filed a Motion To Seal those
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`portions of its Reply discussing the materials that were the subject of Patent
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`Owner’s Motion To Seal. The Board has not yet issued a decision on the parties’
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`previous Motions To Seal.
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`Arista’s demonstrative exhibits address arguments by Patent Owner that rely
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`on Patent Owner’s confidential information. Thus, the demonstrative exhibits
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`disclose information subject to Patent Owner’s confidentiality designations.
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`Accordingly, consistent with the parties’ previous Motions To Seal, Petitioner
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`moves that the Board seal those portions of its demonstratives at least until such
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`time as the Board rules on the previously-filed Motions To Seal, in order to
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`preserve the confidentiality of that information pending a decision on Patent
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`Owner’s initial motion. Arista does not request that any other portions of its
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`demonstrative exhibits 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 demonstrative exhibits and a redacted, public
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`version of the same demonstrative exhibits.
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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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`4
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`Date: March 3, 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 March 3,
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`2017, a complete and entire copy of this Petitioner’s Motion to Seal Under 37
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`C.F.R. § 42.14, was provided via email, to the Petitioner by serving the email
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`correspondence addresses 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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