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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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`APPLE INC.,
`Petitioner,
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`v.
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`CALIFORNIA INSTITUTE OF TECHNOLOGY,
`Patent Owner.
`_________________________________________
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`Case IPR2017-00728
`U.S. Patent No. 7,421,032
`_________________________________________
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`PETITIONER’S MOTION TO SEAL
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`IPR2017-00728
`Petitioner’s Motion to Seal
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`STATEMENT OF PRECISE RELIEF REQUESTED
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`Pursuant to 37 C.F.R. §§ 42.14 and 42.54, Petitioner Apple Inc. respectfully
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`requests that the Board seal Petitioner’s Reply, Exhibits 1250 (IRA.cpp with
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`metadata), 1251 (IRA.h with metadata), 1252 (IRAsimu.cpp with metadata), 1253
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`(IRAsimu.cpp with metadata), 1254 (GetInter.cpp with metadata), 1255 (excerpts
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`from the deposition of Dr. Hui Jin (Case No. 16-cv-3714)), and 1263 (Transcript of
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`the Deposition of Dr. Hui Jin).
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`REASONS FOR RELIEF REQUESTED
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`Although “the default rule is that all papers filed in an inter partes review are
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`open and available for access by the public,” a party may file a motion with the
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`Board to seal confidential information that is protected from disclosure. Garmin v.
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`Cuozzo, IPR2012-00001, Paper No. 36. “The standard for granting a motion to seal
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`is ‘for good cause.’” Id. (quoting 37 C.F.R § 42.54). The Office Patent Trial
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`Practice Guide, 77 Fed. Reg. 48756, 48760 (Aug. 14, 2012), states that the “rules
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`identify confidential information in a manner consistent with Federal Rule of Civil
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`Procedure (‘FRCP’) 26(c)(1)(G), which provides for protective orders for trade
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`secret or other confidential research, development, or commercial information.”
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`The parties have conferred and agreed to the provisions of the Protective
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`Order set forth in Exhibit 1269, and have stipulated to be bound to the terms set forth
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`IPR2017-00728
`Petitioner’s Motion to Seal
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`therein. Exhibit 1270 shows the proposed modifications from the Board’s Default
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`Protective Order, to which the parties have stipulated, in redline. The Protective
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`Order provides:
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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 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 and
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`after a hearing on the issue, or sua sponte, the Board determines that
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`some or all of the redacted information does not qualify for confidential
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`treatment.
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`Ex. 1269 at 4.
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`Petitioner has filed its Petitioner’s Reply under seal, as well a
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`publicly-available redacted version of its Reply. The redacted portions of
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`IPR2017-00728
`Petitioner’s Motion to Seal
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`Petitioner’s Reply contain information designated as “CONFIDENTIAL –
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`ATTORNEYS EYES ONLY” by Patent Owner, which Patent Owner claims are
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`“confidential research, development, or commercial information” pursuant to FRCP
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`26(c)(1)(G).
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`Exhibits 1250-1254 are source code files with associated metadata designated
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`as “CONFIDENTIAL – ATTORNEYS EYES ONLY” by Patent Owner, which
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`Patent Owner claims are “confidential research, development, or commercial
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`information” pursuant to FRCP 26(c)(1)(G). Furthermore, Exhibits 1250-1254 were
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`designated “CONFIDENTIAL – ATTORNEYS EYES ONLY” by Patent Owner in
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`the district court litigation California Inst. of Tech. v. Broadcom Ltd., No.
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`2:16-cv-03714-GW-AGR (C.D. Cal. May 26, 2016).
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`Exhibit 1255 is an excerpt from the deposition transcript of Dr. Hui Jin in the
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`district court litigation California Inst. of Tech. v. Broadcom Ltd., No.
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`2:16-cv-03714-GW-AGR (C.D. Cal. May 26, 2016), designated as
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`“CONFIDENTIAL – ATTORNEYS EYES ONLY” by Patent Owner, which Patent
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`Owner claims is “confidential research, development, or commercial information”
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`pursuant to FRCP 26(c)(1)(G). Furthermore, Exhibit 1255 was designated
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`“CONFIDENTIAL” by Patent Owner in the district court litigation California Inst.
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`of Tech. v. Broadcom Ltd., No. 2:16-cv-03714-GW-AGR (C.D. Cal. May 26, 2016).
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`IPR2017-00728
`Petitioner’s Motion to Seal
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`Petitioner has filed its Exhibit 1263 under seal, as well a publicly-available
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`redacted version of Exhibit 1263. The redacted portions of Exhibit 1263 contain
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`information designated as “CONFIDENTIAL – ATTORNEYS EYES ONLY” by
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`Patent Owner, which Patent Owner claims are “confidential research, development,
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`or commercial information” pursuant to FRCP 26(c)(1)(G).
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`Petitioner therefore respectfully requests that the aforementioned materials
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`remain under seal pursuant to the Protective Order.
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`Dated: February 21, 2018
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`Respectfully Submitted,
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`/Michael Smith/
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`Richard A. Goldenberg (No. 38,895)
`Dominic A. Massa (No. 44,905)
`Michael H. Smith (No. 71,190)
`Mark D. Selwyn (pro hac vice)
`James M. Dowd (pro hac vice)
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`Attorneys for Petitioner
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