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`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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`_________________
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`ZTE (USA), INC. AND
`SAMSUNG ELECTRONICS CO., LTD.,
`Petitioners
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`v.
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`BELL NORTHERN RESEARCH, LLC,
`Patent Owner
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`Case: IPR2019-01365
`U.S. Patent No. 7,039,435
`_________________
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`PETITIONER’S MOTION TO SEAL
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`Case IPR2019-01365
`Patent No. 7,039,435
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`I.
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`INTRODUCTION
`Pursuant to 37 CFR § 42.14 and 42.54 and Patent Owner Bell Northern
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`Research, LLC’s (“BNR”) unopposed Motion for Entry of a Modified Protective
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`Order (Paper 16, “Motion”), Petitioner Samsung Electronics Co., Ltd. respectfully
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`submits this Motion to Seal a portion of Petitioner’s Reply to Patent Owner’s
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`Response (“Reply”) that refers to license agreements and a related declaration that
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`BNR previously filed under seal. (Exs. 2024, 2025, 2027.)
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`Petitioner submits that good cause exists for placing the portion of the Reply
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`under seal as BNR has contended this information should be sealed under the
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`Modified Protective Order because it is related to BNR’s licensing of certain
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`patents, and the Modified Protective Order requires that Petitioner file this
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`information under seal. Petitioners take no position on whether the underlying
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`information satisfies the Board’s requirements for filing under seal, as it is BNR
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`that contends this information should be kept confidential.
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`II. DOCUMENT TO BE SEALED
`BNR contends that certain license agreements (Exs. 2024, 2027) and a
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`related declaration (Ex. 2025) are confidential business information, and that some
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`of the licenses now belong to third party Broadcom Inc. and have been protected
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`as such throughout this proceeding and all related proceedings of which BNR is
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`Case IPR2019-01365
`Patent No. 7,039,435
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`aware. (Paper 21, 3-4.)
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`The Reply refers to these license agreements and the related declaration. As
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`a result, Petitioner understands that BNR contends good cause exists to seal
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`portions of the Reply discussing these documents, because public disclosure of the
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`information contained in
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`these documents risks harming each of the
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`licensees/counterparties to the underlying agreements. (Paper 21, 3-4.) Petitioner
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`take no position on the confidentiality of such information but is filing this
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`information under seal pursuant to BNR’s pending Motion.
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`II. CONCLUSION
`For the above reasons, Petitioner respectfully requests that certain portions
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`of the Reply referencing the license agreements and the related declaration be
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`treated as highly confidential information and be placed under seal pursuant to the
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`proposed Modified Protective Order under the designation “PROTECTIVE
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`ORDER MATERIAL – ATTORNEYS EYES ONLY.” (Motion, 1.)
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`Dated: September 8, 2020
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`Respectfully submitted,
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`By: /Naveen Modi/
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` Naveen Modi (Reg. No. 46,224)
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` Counsel for Petitioner
` Samsung Electronics Co., Ltd.
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`Case IPR2019-01365
`Patent No. 7,039,435
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`CERTIFICATE OF SERVICE
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`I hereby certify that on September 8, 2020, I caused a true and correct copy
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`of the foregoing Petitioner’s Motion to Seal to be served electronically on the
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`following:
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`Steven W. Hartsell
`Alexander E. Gasser
`Paul J. Skiermont
`Sadaf R. Abdullah
`Mieke K. Malmberg
`BNR_SDTeam@skiermontderby.com
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` A
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` copy of the foregoing Petitioner’s Motion to Seal has been served by
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`electronic means upon the following counsel of record for Petitioner ZTE:
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`Amol A. Parikh (amparikh@mwe.com)
`Charles McMahon (cmcmahon@mwe.com)
`Thomas M. DaMario (tdamario@mwe.com)
`Jiaxiao Zhang (jiazhang@mwe.com)
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` By: /Naveen Modi/
` Naveen Modi (Reg. No. 46,224)
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` Counsel for Petitioner
` Samsung Electronics Co., Ltd.
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