`Entered: December 20, 2018
`
`Trials@uspto.gov
`571-272-7822
`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`INTEL CORPORATION and CAVIUM, LLC,1
`Petitioner,
`
`v.
`
`ALACRITECH, INC.,
`Patent Owner.
`____________
`
`Case IPR2018-00226 (Patent 7,124,205 B2)
`Case IPR2018-00234 (Patent 8,805,948 B2)
`____________
`
`Before STEPHEN C. SIU, DANIEL N. FISHMAN, and
`CHARLES J. BOUDREAU, Administrative Patent Judges.
`
`BOUDREAU, Administrative Patent Judge.
`
`
`
`ORDER
`Granting Petitioner’s Motion for Protective Order
`37 C.F.R. § 42.54
`
`
`
`1 Cavium, Inc., which filed petitions in Cases IPR2018-00400 and IPR2018-00403
`was joined as a petitioner in IPR2018-00226 and IPR2018-00234. According to
`updated mandatory notices filed in the captioned proceedings, Cavium, Inc. has
`now been converted to Cavium, LLC. See, e.g., IPR2018-00226, Paper 28.
`
`
`
`
`
`Case IPR2018-00226 (Patent 7,124,205 B2)
`Case IPR2018-00234 (Patent 8,805,948 B2)
`
`
`With leave from the Board, Petitioner filed a Motion for a Revised
`Protective Order in each of the above-captioned cases. IPR2018-00226, Paper 38;
`IPR2018-00234, Paper 32 (collectively “Motions”). Along with the Motions,
`Petitioner filed the proposed revised Stipulated Protective Order as Exhibit 1400 in
`each case (“Revised Protective Order”). In each case, Petitioner also filed as
`Exhibits 1401 and 1402, respectively: (1) a redlined version of the proposed
`Revised Protective Order showing changes relative to the Stipulated Protective
`Order previously filed by Patent Owner as “Appendix A” to a Motion to File
`Under Seal (see IPR2018-00226, Paper 22, 5–8; IPR2018-00234, Paper 17, 5–8)
`and orally entered in each case (IPR2018-00226, Ex. 2401, 33:2–6;
`IPR2018-00234, Ex. 2401, 33:2–6); and (2) a redlined version of the proposed
`Revised Protective Order showing changes relative to the Board’s default
`protective order provided in the Office Trial Practice Guide. Petitioner represents
`that the parties met and conferred and that Patent Owner does not oppose the
`proposed Revised Protective Order. Motions 1.
`We have reviewed the form of the proposed Revised Protective Order
`(Ex. 1400) and find it differs in substance from the Stipulated Protective Order
`previously entered principally in its addition of a new “PETITIONER’S
`RESTRICTED – ATTORNEY’S EYES ONLY” tier (see Exhibit 1401). We find
`the terms to be reasonable, and we, accordingly, grant Petitioner’ Motion for a
`Revised Protective Order and enter the Revised Protective Order in each case.
`
`
`
`2
`
`
`
`
`Case IPR2018-00226 (Patent 7,124,205 B2)
`Case IPR2018-00234 (Patent 8,805,948 B2)
`
`
`
`
`
`It is, therefore,
`ORDERED that Petitioner’s Motion for a Revised Protective Order in each
`of the above-captioned cases (IPR2018-00226, Paper 38; IPR2018-00234,
`Paper 32) is granted;
`FURTHER ORDERED that the Revised Protective Order filed as Exhibit
`1400 in each case is entered in each of IPR2018-00226 and IPR2018-00234; and
`FURTHER ORDERED that the Revised Protective Order hereby supersedes
`the Stipulated Protective Order previously filed by Patent Owner as Appendix A to
`its Motion to File Under Seal filed in each of the above-captioned cases
`(IPR2018-00226, Paper 22; IPR2018-00234, Paper 17) and entered by the Board
`(IPR2018-00226, Ex. 2401, 33:2–6; IPR2018-00234, Ex. 2401, 33:2–6).
`
`3
`
`
`
`
`
`
`Case IPR2018-00226 (Patent 7,124,205 B2)
`Case IPR2018-00234 (Patent 8,805,948 B2)
`
`
`FOR PETITIONER INTEL CORPORATION:
`Garland T. Stephens
`Melissa L. Hotze
`Justin C. Constant
`Anne M. Capella
`Adrian Percer
`Amanda Branch
`William S. Ansley
`WEIL, GOTSHAL & MANGES LLP
`garland.stephens@weil.com
`melissa.hotze@weil.com
`justin.constant@weil.com
`anne.cappella@weil.com
`adrian.percer@weil.com
`amanda.branch@weil.com
`sutton.ansley@weil.com
`
`FOR PETITIONER CAVIUM, LLC:
`
`David Xue
`Karineh Khachatourian
`RIMÔN LAW
`david.xue@rimonlaw.com
`karinehk@rimonlaw.com
`
`
`FOR PATENT OWNER:
`James M. Glass
`Joseph M. Paunovich
`Brian E. Mack
`QUINN EMANUEL URQUHART & SULLIVAN LLP
`jimglass@quinnemanuel.com
`joepaunovich@quinnemanuel.com
`brianmack@quinnemanuel.com
`
`
`4
`
`
`
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