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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`MICROSOFT CORPORATION,
`Petitioner
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`v.
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`BRADIUM TECHNOLOGIES LLC,
`Patent Owner
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`Case IPR2016-00448
`Patent 7,908,343 B2
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`PATENT OWNER’S UNOPPOSED MOTION TO SEAL
`PURSUANT TO 37 C.F.R. § 42.14
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`1
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`IPR2016-00448
`Patent No. 7,908,343
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`Pursuant to 37 C.F.R. §§ 42.14 and 42.54 Patent Owner Bradium
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`Technologies LLC (“Patent Owner”) respectfully requests that the Board enter
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`the proposed Protective Order (Paper 14) and seal Exhibits 2022 and 2029 and
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`the portions of Patent Owner’s Response, and the Declaration of Mr. Isaac
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`Levanon (Exhibit 2004) that contain material derived from Exhibits 2022 and
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`2029. The Parties have conferred regarding this motion and Petitioner Microsoft
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`Corporation does not oppose the Motion.
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`I.
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`PROPOSED PROTECTIVE ORDER
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`The parties have conferred and agreed to the proposed Protective Order is
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`the Default Standing Protective Order, a signed copy of which has been filed as
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`Paper 14 pursuant to the Scheduling Order Section D. (See Paper 10 at p.5.)
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`II.
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`PATENT OWNER’S MOTION TO SEAL
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`The Office Patent Trial Practice Guide provides that “the rules aim to
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`strike a 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.” 77 Fed. Reg. 48,756, 48,760 (Aug. 14, 2012). Those rules “identify
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`confidential information in a manner consistent with Federal Rule of Civil
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`Procedure 26(c)(1)(G), which provides for protective orders for trade secret or
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`other confidential research, development, or commercial information.” Id. (citing
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`37 C.F.R. § 42.54).
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`2
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`Patent Owner Bradium has good cause to seal Exhibits 2022 and 2029
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`because both exhibits are confidential commercial information.
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`Exhibit 2022 is a confidential Project Report signed by Mr. Isaac Levanon,
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`listed inventor for the ’343 Patent. The report is stamped as COMMERCIAL-IN-
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`CONFIDENCE at the top of each page. This Report contains comprehensive
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`technical information, financial summaries, financial terms, and projected sales
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`information.
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`Exhibit 2029 is a confidential License Agreement signed by Mr. Isaac
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`Levanon. This agreement includes licensing and financial terms. The agreement
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`imposes a confidentiality requirement. Exhibit 2029 at 7 (Section 11). DENSO
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`Corporation has requested that Patent Owner Bradium maintain Exhibit 2029 as
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`confidential pursuant to a protective order.
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`Further, in accordance with the protective order (Paper 14) § 4(A)(ii), the
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`non-confidential version of the Patent Owner’s Response and of the Declaration
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`of Mr. Isaac Levanon (Exhibit 2004) is concurrently being filed by Patent Owner
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`with confidential information redacted.
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`II. CONCLUSION
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`For the foregoing reasons, Exhibits 2022 and 2029, Patent Owner
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`respectfully requests that the Board seal Exhibits 2022 and 2029 and the portions
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`of Patent Owner’s Response, and the Declaration of Mr. Isaac Levanon (Exhibit
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`3
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`IPR2016-00448
`Patent No. 7,908,343
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`2004) that contain material derived from Exhibits 2022 and 2029.
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`Dated: November 7, 2016
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`/Chris Coulson/
`Chris Coulson (Reg. No. 61,771) Lead
`Counsel for Patent Owner
`ANDREWS KURTH KENYON LLP
`One Broadway
`New York, NY 10004-1007
`Telephone: (212) 908-6409
`Facsimile: (212) 425-5288
`ccoulson@andrewskurthkenyon.com
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`4
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 C.F.R. § 42.6(e), the undersigned certifies that on November
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`7, 2016, the foregoing Patent Owner’s Motion to Seal is being served via
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`electronic mail upon the following counsel of record for Petitioner:
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`Bing Ai (Reg. No. 43,312)
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`Matthew Bernstein (pro hac vice)
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`Patrick McKeever (Reg. No. 66,019)
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`Vinay Sathe (Reg. No. 55,595)
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`Evan Day (pro hac vice)
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`PerkinsServiceBradiumIPR@perkinscoie.com
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`/Chris Coulson/
`Chris Coulson (Reg. No. 61,771) Lead
`Counsel for Patent Owner
`ANDREWS KURTH KENYON LLP
`One Broadway
`New York, NY 10004-1007
`Telephone: (212) 908-6409
`Facsimile: (212) 425-5288
`ccoulson@andrewskurthkenyon.com
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`
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`Dated: November 7, 2016
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`5
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