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`IN THE 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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`JUNIPER NETWORKS, INC. & PALO ALTO NETWORKS, INC.,
`Petitioner,
`
`v.
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`PACKET INTELLIGENCE LLC,
`Patent Owner.
`
`____________
`
`Case IPR2020-00337
`U.S. Patent No. 6,771,646
`
`____________
`
`PETITIONER JUNIPER NETWORKS, INC.’S UNOPPOSED
`MOTION TO SEAL
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`IPR2020-00337
`U.S. Patent No. 6,771,646
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`In conjunction with filing its Unopposed Motion for Entry of a Modified
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`Protective Order, and pursuant to 37 C.F.R. §§ 42.14 and 42.54, Petitioner Juniper
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`Networks, Inc. respectfully submits this motion to seal confidential business
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`information contained in portions of its Motion to Disqualify Patent Owner’s
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`Expert Dr. Kevin Almeroth and Exhibits 1104, 1106, and 1110. The motion and
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`exhibits contain Juniper’s confidential information regarding the technical
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`functionality of Juniper’s products as well as communications and draft
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`declarations exchanged between Juniper’s counsel and expert Dr. Kevin Almeroth.
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`I.
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`Good Cause Exists For Sealing Certain Confidential Information
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`In determining whether to grant a motion to seal, the Board must find “good
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`cause” and “strike a balance between the public’s interest in maintaining a
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`complete and understandable file history and the parties’ interest in protecting truly
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`sensitive information.”1 As provided in its Trial Practice Guide, the Board
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`identifies “confidential information in a manner consistent with Federal Rule of
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`Civil Procedure 26(c)(1)(G), which provides for protective orders for trade secret
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`or other confidential research, development, or commercial information.”2 And the
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`Trial Practice Guide also instructs filing a motion to seal containing a proposed
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`1 37 C.F.R. § 42.54(a); 77 Fed. Reg. 48,756, 48,760 (Aug. 14, 2012).
`2 Patent Trial and Appeal Board Consolidated Trial Practice Guide (Nov. 2019), 19
`(citing 37 C.F.R. § 42.54).
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`2
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`IPR2020-00337
`U.S. Patent No. 6,771,646
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`protective order and a certification that the moving party has in good faith
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`conferred with the opposing party in an effort to come to an agreement as to the
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`scope of the proposed protective order.3
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`The exhibits that Juniper seeks to seal comprise Juniper’s highly
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`confidential, competitively-sensitive information relating to products developed by
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`Juniper, as well as communications and draft expert declarations exchanged
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`between Juniper’s counsel and Dr. Almeroth. Juniper relies on this confidential
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`information in support of its Motion to Disqualify Patent Owner’s Expert Dr.
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`Kevin Almeroth. Public disclosure of this highly confidential, competitively-
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`sensitive information would likely harm Juniper by providing technical and
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`litigation strategy information to competitors and others.
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`Specifically, Juniper’s motion and exhibits that contain confidential
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`information are:
`
`• The Motion to Disqualify Patentee’s Expert Dr. Kevin Almeroth, which,
`on pages 6-8, contains highly confidential, competitively sensitive
`information regarding Juniper’s products as well as communications and
`draft expert declarations exchanged between Juniper’s counsel and Dr.
`Almeroth.
`• Exhibit 1104 is the declaration of David McPhie, which, on pages 4-5,
`contains highly confidential, competitively sensitive information
`
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`3 Id., 19-20 (citing § 42.54).
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`3
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`IPR2020-00337
`U.S. Patent No. 6,771,646
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`regarding Juniper’s products as well as descriptions of communications
`and draft expert declarations exchanged between Juniper’s counsel and
`Dr. Almeroth.
`• Exhibit 1106 is the Declaration of Kevin C. Almeroth previously filed
`under seal in IPR2013-00369 as Ex. 2095, which, on pages 44-48,
`contains highly confidential, competitively-sensitive information
`regarding Juniper’s products.4
`• Exhibit 1110 is an excerpted draft declaration from Dr. Almeroth relating
`to IPR2013-00369, which contains highly confidential, communications
`and draft expert declarations exchanged between Juniper’s counsel and
`Dr. Almeroth.5
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`As detailed in its Motion to Disqualify, Juniper relies on Exhibits 1104,
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`1106, and 1110 to establish Dr. Almeroth received highly confidential,
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`competitively-sensitive information regarding Juniper’s products as part of a
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`confidential relationship with Juniper. Also, Juniper relies on Exhibits 1104 and
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`4 When Declaration of Kevin C. Almeroth was previously filed under seal on
`March 28, 2014 as Ex. 2095 in IPR2013-00369, this declaration included
`additional redactions of Palo Alto Network’s confidential information on pages 44,
`45, 48, and 72.
`5 As with Ex. 1106, the excerpt of Dr. Almeroth’s draft declaration for IPR2013-
`00369 includes additional redactions of Palo Alto Network’s confidential
`information on pages 8-10 and 13-14.
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`4
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`IPR2020-00337
`U.S. Patent No. 6,771,646
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`1110 to establish Dr. Almeroth had confidential and privileged communications
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`with Juniper’s lawyers.
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`Because the Motion and Exhibits 1104, 1106, and 1110, which are
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`designated PROTECTIVE ORDER MATERIAL — ATTORNEY’S EYES
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`ONLY, contain highly confidential information relevant to these proceedings,
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`Juniper respectfully requests the Board grants its motion to seal the motion and
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`exhibits. Also, Juniper provides public, redacted versions of its Motion to
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`Disqualify and Exhibits 1104 and 1106.6 These redactions are narrowly tailored to
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`remove just Juniper’s confidential information while revealing to the public as
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`much as possible.
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`II. Certification of Conference with Parties Pursuant to 37 C.F.R. § 42.54
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`Juniper has conferred with Petitioner Palo Alto Networks, Inc. and Patentee
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`Packet Intelligence LLC regarding filing these exhibits under seal subject to the
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`proposed modified protective order. Palo Alto Networks and Packet Intelligence do
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`not oppose.
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`6 Exhibit 1107 is the redacted version of Exhibit 1106. Exhibits 1106 and 1107
`contain all the non-confidential information present in Exhibit 1110.
`5
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`IPR2020-00337
`U.S. Patent No. 6,771,646
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`III. Conclusion
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`Based on the highly confidential nature of these exhibits and the scope of
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`protection sought, there is good cause to grant this motion to seal Juniper’s Motion
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`to Disqualify Patentee’s Expert Dr. Kevin Almeroth and Exhibits 1104, 1106, and
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`1110. Thus, Juniper respectfully requests that the Board grant this motion to seal.
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`
`
`Date: July 22, 2020
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`
`
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`Respectfully Submitted,
`
`
`
` /Joseph F. Edell/
`Joseph F. Edell (Reg. No. 67,625)
`FISCH SIGLER LLP
`5301 Wisconsin Avenue NW
`Fourth Floor
`Washington, DC 20015
`Phone: +1.202.362.3524
`Email: Joe.Edell.IPR@fischllp.com
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`6
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`IPR2020-00337
`U.S. Patent No. 6,771,646
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`CERTIFICATE OF SERVICE
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`The undersigned certifies that a copy of the foregoing PETITIONER
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`JUNIPER NETWORKS, INC.’S UNOPPOSED MOTION TO SEAL was
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`served via electronic mail to the following attorneys of record for the Patent
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`Owner listed below:
`
`R. Allan Bullwinkel – Lead Counsel
`Reg. No. 77,630
`Heim Payne & Chorush, LLP
`1111 Bagby Street, Suite 2100
`Houston, TX 77002
`Telephone: 713-221-2000
`Facsimile: 713-211-2021
`abullwinkel@hpcllp.com
`
`Michael F. Heim – Back-up Counsel
`Reg. No. 32,702
`Heim Payne & Chorush, LLP
`1111 Bagby Street, Suite 2100
`Houston, TX 77002
`Telephone: 713-221-2000
`Facsimile: 713-211-2021
`mheim@hpcllp.com
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`Dated: July 22, 2020
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`Respectfully submitted,
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` /Joseph F. Edell/
`
`Joseph F. Edell (Reg. No. 67,625)
`FISCH SIGLER LLP
`5301 Wisconsin Ave NW
`Fourth Floor
`Washington, DC 20015
`202.362.3524
`Email: Joe.Edell.IPR@fischllp.com
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