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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`MICROSOFT CORPORATION
`Petitioner
`
`v.
`
`PROXYCONN, INC.,
`Patent Owner
`____________
`
`Case IPR2017-00261
`Patent 6,757,717 B1
`____________
`
`
`
`
`
`PETITIONER MICROSOFT’S UNOPPOSED
`MOTION TO FILE PRELIMINARY REPLY UNDER SEAL
`
`
`
`Filed: March 25, 2017
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`Pursuant to 37 CFR 42.54, Petitioner Microsoft Corporation (“Microsoft”)
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`respectfully moves to file under seal Paper 10, Reply of Petitioner Microsoft to the
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`Time Bar Arguments in the Patent Owner Preliminary Response. A public,
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`redacted version of the Reply is being filed concurrently as Paper 11. Patent Owner
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`does not oppose this motion to file under seal.
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`Good cause exists for sealing the portions of Paper 10 redacted from Paper
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`11. Those redacted portions recite terms of Exhibit 2005, a private agreement
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`signed by Microsoft, Patent Owner Proxyconn, and third parties. That agreement
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`obligates its parties to maintain the terms of the agreement as confidential, with
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`possible legal consequences for failure to do so. (See Ex. 2005, ¶¶ 14-15.)
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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 the private agreement are redacted
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`from Paper 11, Paper 11 explains the intent and the legal effects of the agreement
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`in sufficient detail for the interested members of the public to understand the
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`arguments made in the Reply Brief.
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`In sum, good cause exists to seal the redacted information, so that Petitioner
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`may comply with its contractual obligations to Patent Owner and third parties.
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`Petitioner certifies that it has conferred with Neil Rubin, Patent Owner’s
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`counsel of record, who indicated on March 17, 2017, that Patent Owner does not
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`oppose this Motion to Seal.
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`Motion to File Reply Under Seal
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`
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`Page 1
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`
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`Filed: March 25, 2017
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`Petitioner proposes entry of the default protective order found in Appendix
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`B of the Office Patent Trial Practice Guide, 77 Fed. Reg. 48,756, 48,771 (Aug. 14,
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`2012), also attached as Appendix A to this motion.
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`Respectfully submitted,
`
`
`
`
`/John D. Vandenberg/
`John D. Vandenberg, Reg. No. 31,312
`Andrew M. Mason, Reg. No. 64,034
`Klarquist Sparkman LLP
`One World Trade Center, Suite 1600
`121 S.W. Salmon Street
`Portland, Oregon 97204
`Telephone: (503) 595-5300
`Facsimile: (503) 595-5301
`
`
`
`
`
`
`
`Dated: March 25, 2017
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`Motion to File Reply Under Seal
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`
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`Page 2
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`
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`Filed: March 25, 2017
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`CERTIFICATE OF SERVICE PURSUANT TO 37 C.F.R. § 42.6(e)(4)
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`The undersigned certifies that a complete copy of Microsoft Corporation’s
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`Unopposed Motion To File Reply Brief Under Seal was served on March 25, 2017,
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`by filing this document through the Patent Review Processing System as well as
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`delivering a copy via electronic mail upon the following attorneys of record for the
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`Patent Owner:
`
`Amir Naini (Reg. No. 45,770)
`Neil A. Rubin (Reg. No. 67,030)
`Russ August & Kabat
`12424 Wilshire Blvd., Suite 1200
`Los Angeles, CA 90025
`Phone: (310) 826-7474
`Fax: (310) 826-6991
`anaini@raklaw.com
`nrubin@raklaw.com
`proxyconn@raklaw.com
`
`
`
`Date: March 25, 2017
`
`
`
`
`
`By /John D. Vandenberg/
`
`John D. Vandenberg, Reg. No. 31,312
` Andrew M. Mason, Reg. No. 64,034
`Klarquist Sparkman, LLP
`One World Trade Center, Suite 1600
`121 S.W. Salmon Street
`Portland, Oregon 97204
`Telephone: (503) 595-5300
`Facsimile: (503) 595-5301
`
`
`
`CERTIFICATE OF SERVICE
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`Page 1
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`APPENDIX A
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`Page 5
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`Page 5
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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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`Page 6
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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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`Page 7
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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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`Page 8
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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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`Page 9
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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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`Page 10
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________
`
`
`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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`
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`
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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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`Page 11
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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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`Page 12
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