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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`INTEL CORP., CAVIUM LLC, and DELL INC.,
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`Petitioners,
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`v.
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`ALACRITECH INC.,
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`Patent Owner.
`________________
`
`Case IPR2018-002261
`U.S. Patent No. 7,124,205
`________________
`PETITIONER’S MOTION TO SEAL
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`1Cavium LLC (formerly Cavium, Inc.), which filed a Petition in Case IPR2018-
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`00400, and Dell Inc., which filed a Petition in Case IPR2018-01306, have been
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`joined as petitioners in this proceeding.
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`
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`________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`________________
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`INTEL CORP., CAVIUM LLC, and DELL INC.,
`
`Petitioners,
`
`v.
`
`ALACRITECH INC.,
`
`Patent Owner.
`________________
`
`Case IPR2018-002261
`U.S. Patent No. 7,124,205
`________________
`PETITIONER’S MOTION TO SEAL
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`
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`1Cavium LLC (formerly Cavium, Inc.), which filed a Petition in Case IPR2018-
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`00400, and Dell Inc., which filed a Petition in Case IPR2018-01306, have been
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`joined as petitioners in this proceeding.
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`
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`
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`Case IPR2018-00226
`U.S. Patent No. 7,124,205
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`Petitioner Intel Corporation (“Petitioner”) hereby moves to seal certain
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`portions of its brief in Opposition to Patent Owner’s Motion to Exclude Evidence
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`and certain exhibits attached thereto that reference highly confidential information
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`of the Petitioner. The exhibits Petitioner seeks to seal are 1449 and 1452. Good cause
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`exists for granting this motion because the brief and exhibits include highly
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`confidential information.
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`I. MOTION TO SEAL
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`The record of an inter partes review proceeding, including documents and
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`things, is made available to the public, except as otherwise ordered. 37 C.F.R.
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`§ 2.14. But despite the default rule of public availability, the Board will seal
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`confidential information for “good cause,” because it is necessary to “strike a
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`balance between the public’s interest in maintaining a complete and understandable
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`file history and the parties’ interest in protecting truly sensitive information.” 37
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`C.F.R. § 42.54(a); 77 Fed. Reg. 48756, 48760 (Aug. 14, 2012). As set forth in the
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`Office Trial Practice Guide, the Board treats confidential information “consistent
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`with Federal Rule of Civil Procedure 26(c)(1)(G), which provides for protective
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`orders for trade secret or other confidential research, development, or commercial
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`information.” Id. at 48760.
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`2
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`
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`In accordance with rules and procedures, Petitioner moves to seal the
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`Case IPR2018-00226
`U.S. Patent No. 7,124,205
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`
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`following documents and exhibits.
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`Petitioner’s Opposition to Patent Owner’s Motion to Exclude Evidence is
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`redacted to protect highly sensitive, commercial information related to the
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`relationship between Intel and its customers and other internal Intel business
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`practices. As such, the Opposition is designated Petitioner’s Restricted – Attorneys’
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`Eyes Only under the Protective Order in this IPR.
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`Exhibit 1449 is an email chain between Petitioner and Patent Owner
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`discussing highly sensitive, commercial information related to the relationship
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`between Intel and its customers. As such, Exhibit 1449 is designated as Petitioner’s
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`Restricted – Attorneys’ Eyes Only under the Protective Order in this IPR.
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`Exhibits 1452 is a declaration of Thomas Herrgott, an Intel employee. It
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`contains highly sensitive, commercial information related to the relationship
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`between Intel and its customers and other internal Intel business practices. As such,
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`Exhibit 1452 is designated as Petitioner’s Restricted – Attorneys’ Eyes Only under
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`the Protective Order in this IPR.
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`Because Petitioner’s Opposition to Patent Owner’s Motion to Exclude
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`Evidence, Exhibits 1449, and 1452 contain certain confidential business information
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`as indicated above, the public disclosure of which could cause Petitioner irreparable
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`harm, good cause exists to seal either portions or the entirety of these documents as
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`3
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`Petitioner’s Restricted – Attorneys’ Eyes Only information under the Protective
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`Case IPR2018-00226
`U.S. Patent No. 7,124,205
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`Order. In addition, the information that Petitioner requests to be sealed has been
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`submitted only to rebut Patent Owner’s arguments regarding real party-in-interest.
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`The information is otherwise unimportant to the merits of this proceeding, and
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`therefore the public’s interest in having access to this information is minimal.
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`II. CERTIFICATION OF NON-PUBLICATION
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`On behalf of Petitioner, the undersigned counsel certifies that the information
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`sought to be sealed by this Motion has not, to their knowledge, been published or
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`otherwise made public.
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`III. CONCLUSION
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`For the foregoing reasons, Petitioner respectfully requests that the Board grant
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`the motion to seal certain portions of its brief in Opposition to Patent Owner’s
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`Motion to Exclude Evidence and certain exhibits attached thereto that reference
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`highly confidential information of the Petitioner.
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`Dated: February 11, 2019
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`Respectfully submitted,
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`/s/ Garland T. Stephens
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`4
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`Case IPR2018-00226
`U.S. Patent No. 7,124,205
`
`Garland T. Stephens, Reg. No. 37,242
`Melissa Hotze, Reg. No. 55,279
`Justin L. Constant, Reg. No. 66,883
`Weil, Gotshal & Manges LLP
`700 Louisiana, Suite 1700
`Houston, TX 77002
`Tel: (713) 546-5000
`Fax: (713) 224-9511
`garland.stephens@weil.com
`melissa.hotze@weil.com
`justin.constant@weil.com
`
`Anne M. Cappella, Reg. No. 43,217
`Adrian Percer, Reg. No. 46,986
`Amanda Branch (admitted pro hac vice)
`Weil, Gotshal & Manges LLP
`201 Redwood Shores Parkway
`Redwood Shores, CA 94065
`Tel: (650) 802-3000
`Fax: (650) 802-3100
`anne.cappella@weil.com
`adrian.percer@weil.com
`amanda.branch@weil.com
`William S. Ansley, Reg. No. 67,828
`Weil, Gotshal & Manges LLP
`2001 M Street, N.W, Suite 600
`Washington, DC 20036
`Tel: (202) 682-7000
`Fax: (202) 857-0940
`sutton.ansley@weil.com
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`Attorneys for Petitioner Intel Corporation
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`5
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`CERTIFICATE OF SERVICE
`I hereby certify that on February 11, 2019, a copy of the foregoing
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`document was served by filing this document through the PTAB’s E2E System as
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`well as delivering a copy via electronic mail upon the following:
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`James M. Glass
`Registration No. 46,729
`Quinn Emanuel Urquhart & Sullivan LLP
`51 Madison Ave., 22nd Fl.
`New York, NY 10010
`Tel.: (212) 849-7000
`Email: jimglass@quinnemanuel.com
`Joseph M. Paunovich
`Registration No. 59,033
`Quinn Emanuel Urquhart & Sullivan LLP
`865 S. Figueroa Street, 10th Fl.
`Los Angeles, CA 90017
`Tel.: (213) 443-3000
`Email: joepaunovich@quinnemanuel.com
`Brian E. Mack
`Registration No. 57,189
`Quinn Emanuel Urquhart & Sullivan LLP
`50 California Street, 22nd Fl.
`San Francisco, CA 94111
`Tel.: (415) 875-6600
`Email: brianmack@quinnemanuel.com
`
`
`
`
`
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`Case IPR2018-00226
`U.S. Patent No. 7,124,205
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`
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`Mark Lauer
`Registration No. 36,578
`Silicon Edge Law Group LLP
`7901 Stoneridge Dr., Ste. 528
`Pleasanton, CA 94588
`Tel.: (925) 621-2121
`Email: mark@siliconedgelaw.com
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`Dated: February 11, 2019
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`
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`
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`Melissa L. Hotze
`Melissa L. Hotze
`Reg. No. 55,279
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`2
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