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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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`INTEL CORP., and
`CAVIUM, INC.,
`Petitioner,
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`v.
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`ALACRITECH, INC.,
`Patent Owner
`________________
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`Case IPR2018-002341
`U.S. Patent No. 8,805,948
`________________
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`MOTION TO FILE UNDER SEAL
`PURSUANT TO 37 C.F.R. §§ 42.14 AND 42.54
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`1 Cavium, who filed a Petition in Case IPR2018-00403, has been joined as a
`petitioner in this proceeding.
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`Case No. IPR2018-00234
`U.S. Patent No. 8,805,948
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`Pursuant to 37 C.F.R. §§ 42.114 and 42.54, Patent Owner Alacritech, Inc.
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`(“PO”) respectfully moves to file Exhibit 2038 under seal. PO has good cause to
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`request the sealing of this exhibit because it contains confidential business
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`information of PO and third parties. Specifically, Exhibit 2038 includes a number
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`of license agreements (each with associated payment terms) that PO regards as
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`confidential. PO would be placed in a competitive disadvantage should the terms
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`of these license agreements become public.
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`Pursuant to 37 C.F.R. § 42.54, Appendix A attached to this motion incudes
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`a proposed protective order. Same protective order was filed and entered in
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`previous cases (IPR2017-01391, -01391, -01393, -01405, -01406, -01409, and -
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`01410).
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`PO certifies that it has conferred in good faith with Petitioners via email both
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`on August 26, 2018 and August 28, 2018 in an effort to come to an agreement as to
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`the scope of the proposed protective order. Petitioners Intel Corporation and
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`Cavium, Inc. do not oppose the proposed protective order in Appendix A. On
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`September 19, 2018, the Board granted Patent Owner’s request for authorization to
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`file the same stipulated protective order as entered before. In the meantime, PO
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`requests that Exhibit 2038 be sealed and treated as a confidential outside attorneys’
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`eyes only document.
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`Case No. IPR2018-00234
`U.S. Patent No. 8,805,948
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`For the above reasons, PO requests that the Board enter the protective order
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`in Appendix A and authorize Exhibit 2038 to be filed under seal.
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`Date: September 19, 2018
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` Respectfully submitted,
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`By: /s/ James M. Glass, Reg. No. 46,729
` James M. Glass (Reg. No. 46,729)
`QUINN EMANUEL URQUHART &
`SULLIVAN, LLP
`51 Madison Avenue, 22nd Floor
`New York, NY 10010
`Tel: (212) 849-7000
`Fax: (212) 849-7100
`Email: jimglass@quinnemanuel.com
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`Lead Attorney for Patent Owner –
`Alacritech, Inc.
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`Case No. IPR2018-00234
`U.S. Patent No. 8,805,948
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 C.F.R. § 42.6(e), the undersigned hereby certify that
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`MOTION TO FILE UNDER SEAL PURSUANT TO 37 C.F.R. §§ 42.14 AND
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`42.54 was served on September 19, 2018 by filing it through the Patent Review
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`Processing System, as well as by e-mailing copies to:
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`Garland T. Stephens
`garland.stephens@weil.com
`intel.alacritech.ipr@weil.com
`WEIL, GOTSHAL & MANGES LLP
`700 LOUISIANA, SUITE 1700
`HOUSTON, TX 77002-2784
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`Anne M. Cappella
`Adrian Percer
`Weil, Gotshal & Manges LLP
`201 Redwood Shores Parkway
`Redwood Shores, CA 94065
`Tel: (650) 802-3141
`Fax: (650) 802-3100
`anne.cappella@weil.com
`adrian.percer@weil.com
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`Patrick McPherson (Reg. No. 46,255)
`DUANE MORRIS LLP
`PDMcPherson@duanemorris.com
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`David T. Xue
`Karineh Khachatourian
`RIMON, P.C.
`david.xue@rimonlaw.com
`karinehk@rimonlaw.com
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`Date: September 19, 2018
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`Case No. IPR2018-00234
`U.S. Patent No. 8,805,948
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`Respectfully submitted,
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`By: /s/ James M. Glass, Reg. No. 46,729
` James M. Glass (Reg. No. 46,729)
`QUINN EMANUEL URQUHART &
`SULLIVAN, LLP
`51 Madison Avenue, 22nd Floor
`New York, NY 10010
`jimglass@quinnemanuel.com
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`Lead Attorney for Patent Owner –
`Alacritech, Inc.
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`Case No. IPR2018-00234
`U.S. Patent No. 8,805,948
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`Appendix A
`Stipulated Protective Order
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`This stipulated protective order governs the treatment and filing of protected
`information, including documents and testimony.
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`1. Protected information shall be clearly marked “CONFIDENTIAL” or
`“CONFIDENTIAL – ATTORNEYS’ EYES ONLY”.
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`2. Access to protected information marked “CONFIDENTIAL” is limited to the
`following individuals 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 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 proceeding.
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`(C) Experts. Retained experts of a party in the proceeding who further certify in the
`Acknowledgement that they are not a competitor to any party, or a consultant for,
`or employed by, such a competitor with 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
`performing work for a party, other than in-house counsel and in-house counsel’s
`support staff, who sign the Acknowledgement shall be extended access to
`protected information only upon agreement of the parties or by order of the Board
`upon a motion brought by the party seeking to disclose protected information to
`that person. The party opposing disclosure to that person shall have the burden of
`proving that such person should be restricted from access to protected information.
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`(F) The Office. Employees and representatives of the Office who have a need for
`access to the protected information shall have such access without the requirement
`to sign an Acknowledgement. Such employees and representatives shall include
`the Director, members of the Board and their clerical staff, other support personnel,
`court reporters, and other persons acting on behalf of the Office.
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`Case No. IPR2018-00234
`U.S. Patent No. 8,805,948
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`(G) Support Personnel. Administrative assistants, clerical staff, court reporters and
`other support personnel of the foregoing persons who are reasonably necessary to
`assist those persons in the proceeding shall not be required to sign an
`Acknowledgement,
`but shall be informed of the terms and requirements of the Protective Order by the
`person they are supporting who receives confidential information.
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`3. Access to protected information marked “CONFIDENTIAL – ATTORNEYS’
`EYES ONLY” is limited to the following individuals who have executed the
`acknowledgement appended to this order: outside counsel of record for a party in
`this IPR proceeding, and the individuals identified above in 2(C), 2(D), 2(F), and
`2(G); provided, however, that access by in-house counsel pursuant to paragraph
`2(D) be limited to in-house counsel who exercise no competitive decision-making
`authority on behalf of the client. Such material may include the following types of
`information: (1) sensitive technical information, including current research,
`development and manufacturing information; (2) sensitive business information,
`including highly sensitive financial or marketing information; (3) competitive
`technical information, including technical analyses or comparisons of competitor’s
`products or services; (4) competitive business information, including non-public
`financial and marketing analyses, media scheduling, comparisons of competitor’s
`products or services, and strategic product/service expansion plans; (5) personal
`health or medical information; (6) an individual’s personal credit, banking or other
`financial information; or (7) any other commercially sensitive information the
`disclosure of which to non-qualified persons subject to this Order the producing
`party reasonably and in good faith believes would likely cause harm.
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`4. Persons receiving protected information shall use reasonable efforts to maintain
`the confidentiality of the information, including:
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`(A) Maintaining such information in a secure location to which persons not
`authorized to receive the information shall not have access;
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`(B) Otherwise using reasonable efforts to maintain the confidentiality of the
`information, which efforts shall be no less rigorous than those the recipient uses to
`maintain the confidentiality of information not received from the disclosing party;
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`(C) Ensuring that support personnel of the recipient who have access to the
`protected information understand and abide by the obligation to maintain the
`confidentiality of information received that is designated as confidential; and
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`Case No. IPR2018-00234
`U.S. Patent No. 8,805,948
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`(D) Limiting the copying of protected information to a reasonable number of
`copies needed for conduct of the proceeding and maintaining a record of the
`locations of such copies.
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`5. Persons receiving protected information shall use the following 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 under seal, together
`with a non-confidential description of the nature of the protected information that
`is under seal and the reasons why the information is confidential and should not be
`made available to the public. The submission shall be treated as confidential and
`remain under seal, unless, upon motion of a party
`and after a hearing on the issue, or sua sponte, the Board determines that the
`documents or 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 information
`submitted to the Board, the submitting party shall file confidential and non-
`confidential versions of its submission, together with a Motion to Seal the
`confidential version setting forth the reasons why the information redacted from
`the non-confidential version is confidential and should not be made available to the
`public. The nonconfidential version of the submission shall clearly indicate the
`locations of information that has been redacted. The confidential version of the
`submission shall be filed under seal. The redacted information shall remain under
`seal unless, upon motion of a party and after a hearing on the issue, or sua sponte,
`the Board determines that some or all of the redacted information does not qualify
`for confidential treatment.
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`(B) Documents and Information Exchanged Among the Parties. Information
`designated as confidential that is disclosed to another party during discovery or
`other proceedings before the Board shall be clearly marked as “CONFIDENTIAL”
`or “CONFIDENTIAL – ATTORNEYS’ EYES ONLY” and shall be produced in a
`manner that maintains its confidentiality.
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`(j) Standard Acknowledgement of Protective Order. The following form may be
`used to acknowledge a protective order and gain access to information covered by
`the protective order:
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`Case No. IPR2018-00234
`U.S. Patent No. 8,805,948
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`[CAPTION]
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`Standard Acknowledgment for Access to Protective Order Material
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` ____, affirm that I have read the Protective Order; that I will abide by its terms;
`that I will use the confidential information only in connection with this proceeding
`and for no other purpose; that I will only allow access to support staff who are
`reasonably necessary to assist me in this proceeding; that prior to any disclosure to
`such support staff I informed or will inform them of the requirements of the
`Protective Order; that I am personally responsible for the requirements of the terms
`of the Protective Order and I agree to submit to the jurisdiction of the Office and
`the United States District Court for the Eastern District of Virginia for purposes of
`enforcing the terms of the Protective Order and providing remedies for its breach.
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`[Signature]
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`6. The protective orders in the co-pending district court litigations (2:16-cv-00693,
`2:16-cv-00692, 2:16-cv-00695) are not affected by this Stipulated Protective
`Order.
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