UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`KINGSTON TECHNOLOGY COMPANY, INC.,
`Petitioner
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`v.
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`POLARIS INNOVATIONS LTD.,
`Patent Owner
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`Case No. IPR2017-00238
`Patent 6,157,589
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`PETITIONER’S MOTION TO SEAL
`UNDER 37 CFR §§ 42.14 and 42.55
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`KINGSTON TECHNOLOGY COMPANY, INC.,
`Petitioner
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`v.
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`POLARIS INNOVATIONS LTD.,
`Patent Owner
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`Case No. IPR2017-00238
`Patent 6,157,589
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`PETITIONER’S MOTION TO SEAL
`UNDER 37 CFR §§ 42.14 and 42.55
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`Case IPR2017-00238
`Attorney Docket No: 37307-0005IP1
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`Pursuant to 35 U.S.C. § 316 and 37 C.F.R. §§ 42.14 and 42.55, Kingston
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`Technology Company Inc. (“Petitioner”) respectfully submit this Motion to Seal
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`Exhibit KINGSTON-1008 which is being filed concurrent with the Petition and this
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`Motion, such that it is available to the Board and Parties only.
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`In support of this Motion, Petitioner states as follows:
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`1.
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`Exhibit KINGSTON-1008 is a true and correct copy of Plaintiff Polaris
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`Innovations Limited’s Preliminary Disclosure Of Asserted Claims And
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`Infringement Contentions, Exhibit 1, Preliminary Infringement Claim
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`Chart for U.S. Patent No. 6,157,589 (“589 Patent”), Polaris Innovations
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`Ltd. v. Kingston Tech. Co., Inc., Case No. 8:16-cv-300-CJC (C.D. Cal.
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`July 8, 2016).
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`2.
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`Exhibit KINGSTON-1008 contains third party confidential technical
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`information that was produced in the District Court case subject to the
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`Court’s Protective Order.
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`3.
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`A non-confidential version of KINGSTON-1008, in which confidential
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`information as described above has been redacted, is being filed together
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`with this motion to seal. See Protective Order at 4(A)(ii).
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`For these reasons, Petitioner respectfully requests the Board grant this Motion
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`to Seal.
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`Pursuant to 37 CFR § 42.55(a), Petitioner proposes entry of the default
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`Date: November 10, 2016
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`protective order found in Appendix B of the Trial Practice Guide.
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`Case IPR2017-00238
`Attorney Docket No: 37307-0005IP1
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`Respectfully submitted,
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` /David Hoffman/
`David Hoffman (Reg. No. 54,174)
`FISH & RICHARDSON P.C.
`3200 RBC Plaza
`60 South Sixth Street
`Minneapolis, MN 55402
`Tel: (512) 226-8154
`Fax: (202) 783-2331
`IPR37307-0005IP1@fr.com
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`Attorney for Petitioner
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`Case IPR2017-00238
`Attorney Docket No: 37307-0005IP1
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`DEFAULT PROTECTIVE ORDER
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`The following Standing Protective Order will be automatically entered into the
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`proceeding upon the filing of a petition for review or institution of a derivation:
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`Standing Protective Order
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`This standing protective order governs the treatment and filing of confidential
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`information, including documents and testimony.
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`1. Confidential information shall be clearly marked “PROTECTIVE ORDER
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`MATERIAL.”
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`2. Access to confidential information is limited to the following individuals who
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`have executed the acknowledgment appended to this order:
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`(A) Parties. Persons who are owners of a patent involved in the proceeding
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`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 further
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`certify in the Acknowledgement that they are not a competitor to any
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`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 persons
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`performing work for a party, other than in-house counsel and in-house
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`Attorney Docket No: 37307-0005IP1
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`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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`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 a
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`need for access to the confidential information shall have such access
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`without the requirement to sign an Acknowledgement. Such employees
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`and representatives shall include the Director, members of the Board and
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`their clerical staff, other support personnel, court reporters, and other
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`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
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`be 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. Persons receiving confidential information shall use reasonable efforts to
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`maintain the confidentiality of the information, including:
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`(A) Maintaining such information in a secure location to which persons not
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`authorized to receive the information shall not have access;
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`(B) Otherwise using reasonable efforts to maintain the confidentiality of the
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`information, which efforts shall be no less rigorous than those the
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`recipient uses to maintain the confidentiality of information not received
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`from the disclosing party;
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`(C) Ensuring that support personnel of the recipient who have access to the
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`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 reasonable number
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`of copies needed for conduct of the proceeding and maintaining a record
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`of the locations of such copies.
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`4. Persons receiving confidential information shall use the following procedures
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`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 Board
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`under seal, together with a non-confidential description of the
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`nature of the confidential information that is under seal and
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`the reasons why the information is confidential and should
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`not be made available to the public. The submission shall be
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`treated as confidential and remain under seal, unless, upon
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`motion of a party and after a hearing on the issue, or sua
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`sponte, the Board determines that the documents or
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`information do not to qualify for confidential treatment.
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`(ii)
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` 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
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`file confidential and non-confidential versions of its
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`submission, together with a Motion to Seal the confidential
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`version setting forth the reasons why the information redacted
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`from the non-confidential version is confidential and should
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`not be made available to the public. The non-confidential
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`version of the submission shall clearly indicate the locations
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`of information that has been redacted. The confidential
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`version of the submission shall be filed under seal. The
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`redacted information shall remain under seal unless, upon
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`motion of a party and after a hearing on the issue, or sua
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`sponte, the Board determines that some or all of the redacted
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`information does not qualify for confidential treatment.
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`(B) Documents and Information Exchanged Among the Parties. Information
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`designated as confidential that is disclosed to another party during
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`discovery or other proceedings before the Board shall be clearly marked
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`Attorney Docket No: 37307-0005IP1
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`as “PROTECTIVE ORDER MATERIAL” and shall be produced in a
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`manner that maintains its confidentiality.
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`5. (j) Standard Acknowledgement of Protective Order. The following form may
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`be used to acknowledge a protective order and gain access to information
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`covered by the protective order:
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`Case IPR2017-00238
`Attorney Docket No: 37307-0005IP1
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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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`KINGSTON TECHNOLOGY COMPANY, INC.,
`Petitioner
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`v.
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`POLARIS INNOVATIONS LTD.,
`Patent Owner
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`Case No. IPR2017-00238
`Patent 6,157,589
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`Standard Acknowledgment for Access to Protective Order Material
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`I __________________________________________, affirm that I have read the
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`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 I
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`will only allow access to support staff who are reasonably necessary to assist me in
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`this proceeding; that prior to any disclosure to such support staff I informed or will
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`inform them of the requirements of the Protective Order; that I am personally
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`responsible for the requirements of the terms of the Protective Order and I agree to
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`submit to the jurisdiction of the Office and the United States District Court for the
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`Case IPR2017-00238
`Attorney Docket No: 37307-0005IP1
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`Eastern District of Virginia for purposes of enforcing the terms of the Protective
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`Order and providing remedies for its breach.
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`By
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`Date:
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`Case IPR2017-00238
`Attorney Docket No: 37307-0005IP1
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 C.F.R. §§ 42.6(e)(4)(i) et seq. and 42.105(b), the undersigned
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`certifies that on November 10, 2016, a complete and entire copy of this Motion to
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`Seal was provided via FedEx to the Patent Owner by serving the correspondence
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`address of record as follows:
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`Polaris Innovations Limited
`303 Terry Fox Drive, Suite 300
`Ottawa ON K2K 3J1
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`/Christine Rogers/
`Christine Rogers
`Fish & Richardson P.C.
`3200 RBC Plaza
`60 South Sixth Street
`Minneapolis, MN 55402
`(650) 839-5092
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