UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`COREPHOTONICS, LTD.,
`Patent Owner.
`
`
` Case IPR2020-00861 U.S.
`Patent No. 10,230,898
`
`PATENT OWNER’S CORRECTED MOTION TO FILE
`UNDER SEAL AND FOR ENTRY OF PROTECTIVE ORDER
`
`Patent Owner Corephotonics, Ltd. respectfully moves under 37 C.F.R. §§ 42.14
`
`and 42.54
`
`to file under seal
`
`the following documents, which are being filed
`
`concurrently herewith as “Board and Parties Only” documents:
`
`1.
`
`2.
`
`3.
`
`Certain highlighted portions of Patent Owner’s Response;
`
`Certain highlighted portions of Ex. 2001, the Declaration of John Hart,
`
`Ph.D.;
`
`Ex. 2006, a document titled “Dual Aperture Image Fusion Technology,
`
`Proposed Engagement Framework” and dated June 22, 2014;
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`COREPHOTONICS, LTD.,
`Patent Owner.
`
`
` Case IPR2020-00861 U.S.
`Patent No. 10,230,898
`
`PATENT OWNER’S CORRECTED MOTION TO FILE
`UNDER SEAL AND FOR ENTRY OF PROTECTIVE ORDER
`
`Patent Owner Corephotonics, Ltd. respectfully moves under 37 C.F.R. §§ 42.14
`
`and 42.54
`
`to file under seal
`
`the following documents, which are being filed
`
`concurrently herewith as “Board and Parties Only” documents:
`
`1.
`
`2.
`
`3.
`
`Certain highlighted portions of Patent Owner’s Response;
`
`Certain highlighted portions of Ex. 2001, the Declaration of John Hart,
`
`Ph.D.;
`
`Ex. 2006, a document titled “Dual Aperture Image Fusion Technology,
`
`Proposed Engagement Framework” and dated June 22, 2014;
`
`
`
`Case IPR2020-00861
`
`4.
`
`5.
`
`6.
`
`7.
`
`8.
`
`9.
`
`Ex. 2007, email chain with emails dating from. July and August 2014;
`
`Ex. 2008, an email chain with emails dating from March 2015;
`
`Ex. 2009, an email dated December 21, 2015;
`
`Ex. 2010, an email chain with emails dating from August 2016;
`
`Ex. 2011, an email dated May 23, 2013;
`
`Ex, 2012, an email dated May 23, 2013; and
`
`10. Certain highlighted portions of Ex. 2013, the Declaration of Eran Kali.
`
`In support of this motion, Patent Owner states as follows:
`
`The documents and information sought by Patent Owner to be filed under seal
`
`reflect Patent Owner’s confidential business information of Patent Owner, including
`
`the identities of third parties who have licensed Patent Owner’s technology as well
`
`as the dates those licenses were granted. The material sought to be redacted also
`
`includes the confidential business and licensing discussions that Petitioner and
`
`Patent Owner had between 2012 and 2017, during which time Petitioner and Patent
`
`Owner exchanged numerous communications and documents relating to Patent
`
`Owner’s technologies and Petitioner’s interest in licensing those technologies.
`
`As such, Patent Owner considers the information to be confidential, and
`
`believes that the public’s interest in having access to this information for the
`
`purposes of the patentability of the challenged claims in this proceeding is
`
`outweighed by the prejudicial effect that disclosure would have on Patent Owner.
`
`2
`
`
`
`Case IPR2020-00861
`
`Patent Owner understands that Petitioner may also consider some or all of
`
`the material to reflect Apple’s confidential information but currently does not take
`
`any position on whether it opposes this motion.
`
`For the foregoing reasons, Patent Owner respectfully requests entry of
`
`the appended Proposed Protective Order, which is substantively identical to the
`
`Board’s Default Protective Order set forth in Appendix B to the Board’s July
`
`2019 Trial Practice Guide Update. Patent Owner also requests that this motion to
`
`file under seal be granted.
`
`Dated: March 2, 2021
`
`Respectfully submitted,
`
` / Neil A. Rubin /
`Neil A. Rubin
`Reg. No. 67,030
`Russ August & Kabat
`12424 Wilshire Blvd., 12th Fl.
`Los Angeles, CA 90025
`Phone: (310) 826-7474
`Fax: (310) 826-6991
`nrubin@raklaw.com
`
`3
`
`
`
`Case IPR2020-00861
`
`CERTIFICATE OF SERVICE (37 C.F.R. § 42.6(e)(1))
`The undersigned hereby certifies that the above document was served
`
`on March 2, 2021, by filing this document through the Patent Trial and Appeal
`
`Board End to End System as well as delivering a copy via electronic mail
`
`upon the following attorneys of record for the Petitioner:
`
`David W. O’Brien
`Hong Shi
`HAYNES AND BOONE, LLP
`600 Congress Ave. Suite 1300
`Austin, TX 78701
`Telephone: 512-867-8400
`Email: david.obrien.ipr@haynesboone.com
`Email: hong.shi.ipr@haynesboone.com
`
`Andrew S. Ehmke
`HAYNES AND BOONE, LLP
`2323 Victory Ave. Suite 700
`Dallas, TX 75219
`Telephone: 214-651-5000
`Email: andy.ehmke.ipr@haynesboone.com
`
`Date: March 2, 2021
`
` / Neil A. Rubin /
`
`RUSS AUGUST & KABAT
`12424 Wilshire Blvd., 12th Fl.
`Los Angeles, CA 90025
`(310) 826-7474
`
`Neil A. Rubin
`Reg. No. 67,030
`Attorney for Patent Owner
`
`4
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`COREPHOTONICS, LTD.,
`Patent Owner.
`
`
` Case IPR2020-00861
` U.S. Patent No. 10,230,898
`
`[PROPOSED] PROTECTIVE ORDER
`
`This protective order governs the treatment and filing of confidential
`
`information, including documents and testimony.
`
`1. Confidential information shall be clearly marked “PROTECTIVE ORDER
`
`MATERIAL.”
`
`2. Access to confidential information is limited to the following individuals
`
`who have executed the acknowledgment appended to this order:
`
`(A) Parties. Persons who are owners of a patent involved in the proceeding
`
`and other persons who are named parties to the proceeding.
`
`
`
`(B) Party Representatives. Representatives of record for a party in the
`
`proceeding.
`
`(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.
`
`(D) In-house counsel. In-house counsel of a party.
`
`(E) 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.
`
`(F) The Office. Employees and representatives of the United States Patent and
`
`Trademark Office who have a need for access to the confidential 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.
`
`3. Employees (e.g., corporate officers), consultants, or other persons
`
`2
`
`
`
`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
`
`confidential information only upon agreement of the parties or by order of the Board
`
`upon a motion brought by the party seeking to disclose confidential 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 confidential
`
`information.
`
`4. Persons receiving confidential information shall use reasonable efforts to
`
`maintain the confidentiality of the information, including:
`
`(A) Maintaining such information in a secure location to which persons not
`
`authorized to receive the information shall not have access;
`
`(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;
`
`(C) Ensuring that support personnel of the recipient who have access to the
`
`confidential information understand and abide by the obligation to maintain
`
`the confidentiality of information received that is designated as confidential;
`
`and
`
`(D) Limiting the copying of confidential information to a reasonable number
`
`3
`
`
`
`of copies needed for conduct of the proceeding and maintaining a record of
`
`the locations of such copies.
`
`5. Persons receiving confidential information shall use the following
`
`procedures to maintain the confidentiality of the information:
`
`(A) Documents and Information Filed With the Board.
`
`(i) A party may file documents or information with the Board along
`
`with a Motion to Seal. The Motion to Seal should provide a non-
`
`confidential description of the nature of the confidential information
`
`that is under seal, and set forth the reasons why the information is
`
`confidential and should not be made available to the public. A party
`
`may challenge the confidentiality of the information by opposing the
`
`Motion to Seal. The submission shall be treated as confidential and
`
`remain under seal, unless the Board determines that the documents or
`
`information do not to qualify for confidential treatment. The
`
`information shall remain under seal unless the Board determines that
`
`some or all of the information does not qualify for confidential
`
`treatment.
`
`(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
`
`4
`
`
`
`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. A party
`
`may challenge the confidentiality of the information by opposing the
`
`Motion to Seal. The non-confidential 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 the Board
`
`determines that some or all of the redacted information does not qualify
`
`for confidential treatment.
`
`(B) Documents and Information Exchanged Among the Parties. Documents
`
`(including deposition transcripts) and other information designated as
`
`confidential that are disclosed to another party during discovery or other
`
`proceedings before the Board shall be clearly marked as “PROTECTIVE
`
`ORDER MATERIAL” and shall be produced in a manner that maintains its
`
`confidentiality.
`
`6. Within 60 days after the final disposition of this action, including the
`
`exhaustion of all appeals and motions, each party receiving confidential information
`
`must return, or certify the destruction of, all copies of the confidential information
`
`to the producing party.
`
`5
`
`
`
`The following form may be used to acknowledge a protective order and gain
`
`access to information covered by the protective order:
`PATENT TRIAL AND APPEAL BOARD
`IPR2020-00861
`
`APPLE INC.,
`
`Petitioner,
`
`v.
`COREPHOTONICS, LTD.,
`Patent Owner.
`
`Standard Acknowledgment for
`Access to Protective Order Material
`
`I __________________________________________, 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.
`
`_________________________
`
`[Signature]
`
`6
`
`
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