`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________________
`
`MICROSOFT CORPORATION,
`Petitioner
`
`v.
`
`BRADIUM TECHNOLOGIES LLC,
`Patent Owner
`____________________
`
`CASE IPR2016-00448
`Patent 7,908,343 B2
`____________________
`
`PATENT OWNER’S UNOPPOSED MOTION TO SEAL
`PURSUANT TO 37 C.F.R. § 42.14
`
`
`
`
`
`Pursuant to 37 C.F.R. §§ 42.14 and 42.54 Patent Owner Bradium
`
`Technologies LLC (“Patent Owner”) respectfully requests that the Board seal
`
`portions of Patent Owner’s Opposition to Petitioner’s Motion to Exclude that
`
`contain material derived from sealed portions of the Patent Owner’s Response
`
`(Paper 20) and the Levanon Declaration (Ex. 2004). The Parties have conferred
`
`regarding this motion and Petitioner Microsoft Corporation does not oppose the
`
`Motion.
`
`I.
`
`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).
`
`Patent Owner Bradium has good cause to seal portions of its Opposition to
`
`Petitioner’s Motion to Exclude because the portions in question reference already-
`
`sealed portions of Patent Owner’s Response and the Levanon Declaration, which
`
`1
`
`
`
`
`
`themselves reference sealed Exhibits 2022 and 2029. Exhibits 2022 and 2029 and
`
`the portions cited therefrom contain confidential commercial information.
`
`Exhibit 2022 is a confidential Project Report signed by Mr. Isaac Levanon,
`
`listed inventor for the ’343 Patent. The report is stamped as “COMMERCIAL-IN-
`
`CONFIDENCE” at the top of each page. This Report contains comprehensive
`
`technical information, financial summaries, financial terms, and projected sales
`
`information.
`
`Exhibit 2029 is a confidential License Agreement signed by Mr. Isaac
`
`Levanon. This agreement includes licensing and financial terms. The agreement
`
`imposes a confidentiality requirement. Exhibit 2029 at 7 (Section 11). DENSO
`
`Corporation has requested that Patent Owner Bradium maintain Exhibit 2029 as
`
`confidential pursuant to a protective order.
`
`Further, in accordance with the Protective Order (Paper 14) § 4(A)(ii), the
`
`non-confidential version of the Patent Owner’s Opposition to Petitioner’s Motion
`
`to Exclude is concurrently being filed by Patent Owner with confidential
`
`information redacted.
`
`II.
`
`CONCLUSION
`
`For the foregoing reasons, Patent Owner respectfully requests that the Board
`
`seal the portions of Patent Owner’s Opposition to Petitioner’s Motion to Exclude
`
`that contain material derived from the sealed portions of Patent Owner’s Response
`
`2
`
`
`
`
`
`and the Declaration of Mr. Isaac Levanon (Ex. 2003), which themselves reference
`
`the sealed Exhibits 2022 and 2029.
`
`
`
`
`
`
`
`Dated: March 31, 2017
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`/s/ Chris J. Coulson
`Chris J. Coulson (Reg. No. 61,771)
`Lead Counsel for Patent Owner
`ANDREWS KURTH KENYON LLP
`One Broadway
`New York, NY 10004-1007
`Tel.: (212) 425-7200
`Fax: (212) 425-5288
`chriscoulson@andrewskurthkenyon.com
`
`Michael Zachary (pro hac vice)
`michaelzachary@andrewskurthkenyon.com
`Clifford Ulrich (Reg. No. 42,194)
`cliffordulrich@andrewskurthkenyon.com
`
`3
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`Pursuant to 37 C.F.R. § 42.6(e), the undersigned certifies that on March 31,
`
`2017, the foregoing Patent Owner’s Motion to Seal is being served via electronic
`
`mail upon the following counsel of record for Petitioner:
`
`Chun M. Ng (Reg. No. 36,878)
`Matthew Bernstein (pro hac vice)
`Vinay Sathe (Reg. No. 55,595)
`Patrick McKeever (Reg. No. 66,019)
`Evan Day (pro hac vice)
`PerkinsServiceBradiumIPR@perkinscoie.com
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`/s/ Chris J. Coulson
`Chris J. Coulson
`ANDREWS KURTH KENYON LLP
`One Broadway
`New York, NY 10004-1007
`Tel.: (212) 425-7200
`Fax: (212) 425-5288
`
`
`
`
`
`
`
`
`
`
`