IPR2016-00449
`Patent No. 8,924,506
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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
`
`Case IPR2016-00449
`Patent 8,924,506 B2
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`PATENT OWNER’S UNOPPOSED MOTION TO SEAL
`PURSUANT TO 37 C.F.R. § 42.14
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`Patent No. 8,924,506
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`MICROSOFT CORPORATION,
`Petitioner
`
`v.
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`BRADIUM TECHNOLOGIES LLC,
`Patent Owner
`
`Case IPR2016-00449
`Patent 8,924,506 B2
`
`PATENT OWNER’S UNOPPOSED MOTION TO SEAL
`PURSUANT TO 37 C.F.R. § 42.14
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`IPR2016-00449
`Patent No. 8,924,506
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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 (Exhibit A) 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,
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`which is the Default Standing Protective Order, a signed copy of which has been
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`filed as Exhibit A of this Motion to Seal pursuant to the Scheduling Order
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`Section A.2. (See Paper 10 at p.2.)
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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
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`“identify confidential information in a manner consistent with Federal Rule of
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`Civil Procedure 26(c)(1)(G), which provides for protective orders for trade secret
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`or other confidential research, development, or commercial information.” Id.
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`(citing 37 C.F.R. § 42.54).
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`IPR2016-00449
`Patent No. 8,924,506
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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 ’506 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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`IPR2016-00449
`Patent No. 8,924,506
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`2004) that contain material derived from Exhibits 2022 and 2029.
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`Dated: November 11, 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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`IPR2016-00449
`IPR2016-00449
`Patent No. 8,924,506
`Patent No. 8,924,506
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`Exhibit A
`Exhibit A
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`IPR2016-00449
`Patent No. 8,924,506
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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
`
`
`v.
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`BRADIUM TECHNOLOGIES LLC,
`Patent Owner
`
`Case IPR2016-00449
`Patent 8,924,506 B2
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`AGREED PROPOSED PROTECTIVE ORDER
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` (DEFAULT STANDING PROTECTIVE ORDER)
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`This standing protective order governs the treatment and filing of
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`IPR2016-00449
`Patent No. 8,924,506
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`confidential information, including documents and testimony.
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`1.
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`Confidential information shall be clearly marked “PROTECTIVE
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`ORDER MATERIAL.”
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`2.
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`Access to confidential information is limited to the
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`following individuals who have executed the acknowledgment appended to this
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`order:
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`(A) Parties. Persons who are owners of a patent involved in the
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`proceeding and other persons who are named parties to the proceeding.
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`(B) Party Representatives. Representatives of record for a party in the
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`proceeding.
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`(C) Experts. Retained experts of a party in the proceeding who
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`further certify in the Acknowledgement that they are not a competitor to
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`any party, or a consultant for, or employed by, such a competitor with
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`respect to the subject matter of the proceeding.
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`(D) In-house counsel. In-house counsel of a party.
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`(E) Other Employees of a Party. Employees, consultants or other
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`persons performing work for a party, other than in-house counsel and in-
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`house counsel’s support staff, who sign the Acknowledgement shall be
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`extended access to confidential information only upon agreement of the
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`IPR2016-00449
`Patent No. 8,924,506
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`parties or by order of the Board upon a motion brought by the party
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`seeking to disclose confidential information to that person. The party
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`opposing disclosure to that person shall have the burden of proving that
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`such person should be restricted from access to confidential information.
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`(F) The Office. Employees and representatives of the Office who have
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`a need for access to the confidential information shall have such
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`access without the requirement to sign an Acknowledgement. Such
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`employees and representatives shall include the Director, members of the
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`Board and their clerical staff, other support personnel, court reporters, and
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`other persons acting on behalf of the Office.
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`(G) Support Personnel. Administrative assistants, clerical staff, court
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`reporters and other support personnel of the foregoing persons who are
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`reasonably necessary to assist those persons in the proceeding shall not be
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`required to sign an Acknowledgement, but shall be informed of the
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`terms and requirements of the Protective Order by the person they are
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`supporting who receives confidential information.
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`3.
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`Persons receiving confidential information shall use reasonable
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`efforts to maintain the confidentiality of the information, including:
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`(A) Maintaining such information in a secure location to which
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`IPR2016-00449
`Patent No. 8,924,506
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`persons not authorized to receive the information shall not have access;
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`(B) Otherwise using reasonable efforts to maintain the confidentiality
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`of the information, which efforts shall be no less rigorous than those the
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`recipient uses to maintain the confidentiality of information not
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`received from the disclosing party;
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`(C) Ensuring that support personnel of the recipient who have access
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`to the confidential information understand and abide by the obligation to
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`maintain the confidentiality of information received that is designated as
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`confidential; and
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`(D) Limiting the copying of confidential information to a
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`reasonable number of copies needed for conduct of the proceeding and
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`maintaining a record of the locations of such copies.
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`4.
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`Persons receiving confidential information shall use the
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`following procedures to maintain the confidentiality of the information:
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`(A) Documents and Information Filed With the Board.
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`(i) A party may file documents or information with the
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`Board under seal, together with a non-confidential description of the nature
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`of the confidential information that is under seal and the reasons why the
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`information is confidential and should not be made available to the public.
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`The submission shall be treated as confidential and remain under seal,
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`unless, upon motion of a party and after a hearing on the issue, or
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`sua sponte, the Board determines that the documents or information do
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`IPR2016-00449
`Patent No. 8,924,506
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`not to qualify for confidential treatment.
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`(ii) Where confidentiality is alleged as to some but not all of the
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`information submitted to the Board, the submitting party shall file
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`confidential and nonconfidential versions of its submission, together with a
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`Motion to Seal the confidential version setting forth the reasons why the
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`information redacted from the non-confidential version is confidential and
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`should not be made available to the public. The nonconfidential version
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`of the submission shall clearly indicate the locations of information that has
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`been redacted. The confidential version of the submission shall be
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`filed under seal. The redacted information shall remain under seal unless,
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`upon motion of a party and after a hearing on the issue, or sua sponte, the
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`Board determines that some or all of the redacted information does not
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`qualify for confidential treatment.
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`(B) Documents and Information Exchanged Among the Parties.
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`Information designated as confidential that is disclosed to another
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`party during discovery or other proceedings before the Board shall be
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`clearly marked as “PROTECTIVE ORDER MATERIAL” and shall be
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`produced in a manner that maintains its confidentiality.
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`IPR2016-00449
`IPR2016-00449
`Patent No. 8,924,506
`Patent No. 8,924,506
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`IPR2016-00449
`Patent No. 8,924,506
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`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
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`STANDARD ACKNOWLEDGEMENT FOR ACCESS
`TO PROTECTIVE ORDER MATERIAL
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` , affirm that I have read
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` I
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`the Protective Order; that I will abide by its terms; that I will use the confidential
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`information only in connection with this proceeding and for no other purpose; that
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`I will only allow access to support staff who are reasonably necessary to assist me
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`in this proceeding; that prior to any disclosure to such support staff I informed or
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`will inform them of the requirements of the Protective Order; that I am personally
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`IPR2016-00449
`Patent No. 8,924,506
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`responsible for the requirements of the terms of the Protective Order and I
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`agree to submit to the jurisdiction of the Office and the United States District
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`Court for the Eastern District of Virginia for purposes of enforcing the terms of the
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`Protective Order and providing remedies for its breach.
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`Signature
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`Date
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`Petitioner Microsoft Corporation and Patent Owner Bradium Technologies LLC
`accept and agree to the terms of the AGREED PROPOSED PROTECTIVE
`ORDER (DEFAULT STANDING PROTECTIVE ORDER).
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`Date: November 11, 2016
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`
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`/Bing Ai/
`Lead Counsel
`Bing Ai, Reg. No. 43,312
`Lead Counsel for Petitioner
`PERKINS COIE LLP
`11988 El Camino Real, Suite 350
`San Diego, CA 92130
`(858) 720-5700
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`Date: November 11, 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: (650) 384-4700
`Facsimile: (650) 384-4701
`CCoulson@andrewskurthkenyon.com
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`
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`IPR2016-00449
`Patent No. 8,924,506
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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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`11, 2016, the foregoing Patent Owner’s Unopposed Motion to Seal Pursuant to 37
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`C.F.R. § 42.14, and Agreed Proposed Protective Order 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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`Dated: November 11, 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) 908-7200
`Facsimile: (212) 425-5288
`ccoulson@andrewskurthkenyon.com
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`
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`7
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