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`Paper No. 8
`Filed: February 28, 2017
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`____________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`____________
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`MICROSOFT CORPORATION
`Petitioner
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`v.
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`PROXYCONN, INC.
`Patent Owner
`____________
`
`Case IPR2017-00261
`Patent 6,757,717
`____________
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`PATENT OWNER’S MOTION TO SEAL
`PAPER 7 AND EXHIBIT 2005
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`Patent Owner Proxyconn,
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`Inc.
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`(“Proxyconn” or “Patent Owner”)
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`respectfully requests the Board to authorize the filing under seal of Paper 7, Patent
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`Owner’s Preliminary Response, and Exhibit 2005, which was submitted with the
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`Preliminary Response. A public, redacted version of the Preliminary Response is
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`being filed concurrently as Paper 6.
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` Good cause exists for sealing Exhibit 2005. Exhibit 2005 is a Tolling
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`Agreement that was entered into between Proxyconn and the defendants in
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`Proxyconn, Inc. v. Microsoft Corp., et al., Civil Action No. SA CV11-1681 (C.D.
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`Cal.). Proxyconn is contractually obligated to maintain the terms of the Tolling
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`Agreement as confidential and may suffer legal consequences if it publicly
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`discloses those terms. (See Ex. 2005, ¶¶ 14-15.) Proxyconn owes those
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`contractual obligations to Microsoft, and to other parties to Exhibit 2005 that are
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`not parties to this IPR.
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`Good cause also exists for sealing the portions of Paper 7 that are redacted
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`from Paper 6. The limited portions of Paper 6 that are redacted are those that
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`disclose specific terms of Exhibit 2005.
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`In addition, the public’s interest in having access to the redacted information
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`is minimal, if any. While the precise terms of Exhibit 2005 are redacted from
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`Paper 6, Paper 6 explains the intent and the legal effects of Exhibit 2005 in
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`1
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`sufficient detail for the interested members of the public to understand the
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`arguments made in the Preliminary Response.
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`In sum, good cause exists to seal the redacted information, so that Patent
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`Owner may comply with its contractual obligations to Microsoft and to third
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`parties.
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`Patent Owner certifies that it has conferred with John D. Vandenberg,
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`Petitioner’s counsel in an effort to come to an agreement regarding this motion.
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`Mr. Vandenberg indicated on February 28, 2017 that Petitioner does not oppose
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`this Motion to Seal.
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`Patent Owner proposes entry of the default protective order found in
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`Appendix B of the Trial Practice Guide.
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`Respectfully submitted,
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`Dated: February 28, 2017
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`2
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`/s/ Neil A. Rubin
`
`Amir Naini (Reg. No. 45,770)
`Neil A. Rubin (Reg. No. 67,030)
`Russ August & Kabat
`12424 Wilshire Blvd., 12th Fl.
`Los Angeles, CA 90025
`Phone: (310) 826-7474
`Fax: (310) 826-6991
`anaini@raklaw.com
`nrubin@raklaw.com
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`CERTIFICATE OF SERVICE (37 C.F.R. § 42.6(e)(1))
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`The undersigned hereby certifies that the above document was served on
`February 28, 2017, by filing this document through the Patent Review Processing
`System as well as delivering a copy via electronic mail upon the following
`attorneys of record for the Petitioner:
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`John D. Vandenberg, Reg. No. 31,312
`Andrew M. Mason, Reg. No. 64,034
`Klarquist Sparkman, LLP
`john.vandenberg@klarquist.com
`andrew.mason@klarquist.com
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`/s/ Neil A. Rubin
`
`Amir Naini (Reg. No. 45,770)
`Neil A. Rubin (Reg. No. 67,030)
`Russ August & Kabat
`12424 Wilshire Blvd., 12th Fl.
`Los Angeles, CA 90025
`Phone: (310) 826-7474
`Fax: (310) 826-6991
`anaini@raklaw.com
`nrubin@raklaw.com
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`
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`Date: February 28, 2017
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`3
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`Exhibit A
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`Exhibit A
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`4
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`Standing Protective Order
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`This standing protective order governs the treatment and filing of
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`confidential information, including documents and testimony.
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`1. Confidential information shall be clearly marked ‘‘PROTECTIVE
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`ORDER MATERIAL.’’
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`2. Access to confidential information is limited to the following individuals
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`who have executed the acknowledgment appended to this 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 further
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`certify in the Acknowledgement that they are not a competitor to any party,
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`or a consultant for, or employed by, such a competitor with respect to the
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`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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`5
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`parties or by order of the Board upon a motion brought by the party seeking
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`to disclose confidential information to that person. The party opposing
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`disclosure to that person shall have the burden of proving that such person
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`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 access
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`without the requirement to sign an Acknowledgement. Such employees and
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`representatives shall include the Director, members of the Board and their
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`clerical staff, other support personnel, court reporters, and other persons
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`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 terms
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`and requirements of the Protective Order by the person they are supporting
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`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
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`persons not authorized to receive the information shall not have access;
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`6
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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 received
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`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 reasonable
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`number of copies needed for conduct of the proceeding and maintaining a
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`record of the locations of such copies.
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`4. Persons receiving confidential information shall use the following
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`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 Board
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`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
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`the information is confidential and should not be made available to the
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`public. The submission shall be treated as confidential and remain
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`under seal, unless, upon motion of a party and after a hearing on the
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`7
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`issue, or sua 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) 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 non-confidential versions of its submission, together
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`with a Motion to Seal the confidential version setting forth the reasons
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`why the information redacted from the non-confidential version is
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`confidential and should not be made available to the public. The
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`nonconfidential version of the submission shall clearly indicate the
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`locations of information that has been redacted. The confidential
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`version of the submission shall be filed under seal. The redacted
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`information shall remain under seal unless, upon motion of a party
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`and after a hearing on the issue, or sua sponte, the Board determines
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`that some or all of the redacted information does not qualify for
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`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 party
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`during discovery or other proceedings before the Board shall be clearly
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`marked as ‘‘PROTECTIVE ORDER MATERIAL’’ and shall be produced in
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`a manner that maintains its confidentiality.
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`8
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`(j) Standard Acknowledgement of Protective Order. The following form may be
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`used to acknowledge a protective order and gain access to information covered by
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`the protective order:
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`9
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`____________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`____________
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`MICROSOFT CORPORATION
`Petitioner
`
`v.
`
`PROXYCONN, INC.
`Patent Owner
`____________
`
`Case IPR2017-00261
`Patent 6,757,717
`____________
`
`
`Standard Acknowledgment for Access to Protective Order Material
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`I ____________________, affirm that I have read the Protective Order; that
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`I will abide by its terms; that I will use the confidential information only in
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`connection with this proceeding and for no other purpose; that I will only allow
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`access to support staff who are reasonably necessary to assist me in this
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`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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`10
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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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`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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`_______________
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`11
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