`
`________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`________________
`
`INTEL CORP., CAVIUM LLC, and DELL INC.,
`
`Petitioners,
`
`v.
`
`ALACRITECH INC.,
`
`Patent Owner.
`________________
`
`Case IPR2018-002341
`U.S. Patent No. 8,805,948
`________________
`PETITIONER’S MOTION TO SEAL
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`1Cavium LLC (formerly Cavium, Inc.), which filed a Petition in Case IPR2018-
`
`00403, and Dell Inc., which filed a Petition in Case IPR2018-01307, have been
`
`joined as petitioners in this proceeding.
`
`
`
`
`
`
`
`
`
`Case IPR2018-00234
`U.S. Patent No. 8,805,948
`
`Petitioner Intel Corporation (“Petitioner”) hereby moves to seal certain
`
`portions of its brief in Opposition to Patent Owner’s Motion to Exclude Evidence
`
`and certain exhibits attached thereto that reference highly confidential information
`
`of the Petitioner. The exhibits Petitioner seeks to seal are 1449 and 1452. Good cause
`
`exists for granting this motion because the brief and exhibits include highly
`
`confidential information.
`
`I. MOTION TO SEAL
`
`The record of an inter partes review proceeding, including documents and
`
`things, is made available to the public, except as otherwise ordered. 37 C.F.R.
`
`§ 2.14. But despite the default rule of public availability, the Board will seal
`
`confidential information for “good cause,” because it is necessary to “strike a
`
`balance between the public’s interest in maintaining a complete and understandable
`
`file history and the parties’ interest in protecting truly sensitive information.” 37
`
`C.F.R. § 42.54(a); 77 Fed. Reg. 48756, 48760 (Aug. 14, 2012). As set forth in the
`
`Office Trial Practice Guide, the Board treats confidential information “consistent
`
`with Federal Rule of Civil Procedure 26(c)(1)(G), which provides for protective
`
`orders for trade secret or other confidential research, development, or commercial
`
`information.” Id. at 48760.
`
`2
`
`
`
`In accordance with rules and procedures, Petitioner moves to seal the
`
`Case IPR2018-00234
`U.S. Patent No. 8,805,948
`
`
`
`following documents and exhibits.
`
`Petitioner’s Opposition to Patent Owner’s Motion to Exclude Evidence is
`
`redacted to protect highly sensitive, commercial information related to the
`
`relationship between Intel and its customers and other internal Intel business
`
`practices. As such, the Opposition is designated Petitioner’s Restricted – Attorneys’
`
`Eyes Only under the Protective Order in this IPR.
`
`Exhibit 1449 is an email chain between Petitioner and Patent Owner
`
`discussing highly sensitive, commercial information related to the relationship
`
`between Intel and its customers. As such, Exhibit 1449 is designated as Petitioner’s
`
`Restricted – Attorneys’ Eyes Only under the Protective Order in this IPR.
`
`Exhibits 1452 is a declaration of Thomas Herrgott, an Intel employee. It
`
`contains highly sensitive, commercial information related to the relationship
`
`between Intel and its customers and other internal Intel business practices. As such,
`
`Exhibit 1452 is designated as Petitioner’s Restricted – Attorneys’ Eyes Only under
`
`the Protective Order in this IPR.
`
`Because Petitioner’s Opposition to Patent Owner’s Motion to Exclude
`
`Evidence, Exhibits 1449, and 1452 contain certain confidential business information
`
`as indicated above, the public disclosure of which could cause Petitioner irreparable
`
`harm, good cause exists to seal either portions or the entirety of these documents as
`
`3
`
`
`
`
`Petitioner’s Restricted – Attorneys’ Eyes Only information under the Protective
`
`Case IPR2018-00234
`U.S. Patent No. 8,805,948
`
`Order. In addition, the information that Petitioner requests to be sealed has been
`
`submitted only to rebut Patent Owner’s arguments regarding real party-in-interest.
`
`The information is otherwise unimportant to the merits of this proceeding, and
`
`therefore the public’s interest in having access to this information is minimal.
`
`II. CERTIFICATION OF NON-PUBLICATION
`
`On behalf of Petitioner, the undersigned counsel certifies that the information
`
`sought to be sealed by this Motion has not, to their knowledge, been published or
`
`otherwise made public.
`
`III. CONCLUSION
`
`For the foregoing reasons, Petitioner respectfully requests that the Board grant
`
`the motion to seal certain portions of its brief in Opposition to Patent Owner’s
`
`Motion to Exclude Evidence and certain exhibits attached thereto that reference
`
`highly confidential information of the Petitioner.
`
`Dated: February 11, 2019
`
`Respectfully submitted,
`
`/s/ Garland T. Stephens
`
`
`
`4
`
`
`
`
`
`
`
`
`Case IPR2018-00234
`U.S. Patent No. 8,805,948
`
`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
`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
`
`Attorneys for Petitioner Intel Corporation
`
`
`
`5
`
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`I hereby certify that on February 11, 2019, a copy of the foregoing
`
`document was served by filing this document through the PTAB’s E2E System as
`
`well as delivering a copy via electronic mail upon the following:
`
`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
`
`
`
`
`
`
`
`
`Case IPR2018-00234
`U.S. Patent No. 8,805,948
`
`
`
`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
`
`
`Dated: February 11, 2019
`
`
`
`
`
`Melissa L. Hotze
`Melissa L. Hotze
`Reg. No. 55,279
`
`
`
`
`
`2
`
`