` PATENT 10,257,319
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`_________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
` _________________________
`CODE200, UAB; TESO LT, UAB; METACLUSTER LT, UAB; AND
`OXYSALES, UAB,
`Petitioners
`v.
`LUMINATI NETWORKS LTD.,
`Patent Owner
`_________________________
`
`Case IPR2020-01266
`Patent 10,257,319
`
`________________________
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`PATENT OWNER LUMINATI NETWORKS LTD.’S MOTION TO SEAL
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`I. STATEMENT OF PRECISE RELIEF REQUESTED
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`IPR2020-01266
` PATENT 10,257,319
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`Pursuant to 37 C.F.R. §§ 42.14, 42.54, and 42.55, Patent Owner
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`Luminati Networks LTD. (“Luminati”), respectfully moves to seal the
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`following documents:
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`1. Exhibit 2006.
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`2. The sealed version of the Patent Owner’s Preliminary Response
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`concurrently filed today.
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`A public/redacted version of the Patent Owner’s Preliminary Response
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`will also be filed excluding reference to information from Exhibit 2006.
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`Exhibit 2006 consists of invalidity contentions, designated as
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`“RESTRICTED – ATTORNEYS’ EYES ONLY” by Petitioners who are
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`parties in the related case of Luminati v. Teso Lt UAB et al., Case No. 2:19-cv-
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`00395-JRG (E.D.Tex.) (the “Court Protective Order”). Good cause exists for
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`sealing the identified document and the POPR which references information in
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`it in accordance with a revised version of the Board’s Default Protective Order
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`and standards governing sealing.
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`II. GOOD CAUSE EXISTS FOR SEALING CERTAIN CONFIDENTIAL
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`INFORMATION
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`Generally, “a movant to seal must demonstrate adequately that (1) the
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`IPR2020-01266
` PATENT 10,257,319
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`information sought to be sealed is truly confidential, (2) a concrete harm would
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`result upon public disclosure, (3) there exists a genuine need to rely in the trial
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`on the specific information sought to be sealed, and (4), on balance, an interest
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`in maintaining confidentiality outweighs the strong public interest in having an
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`open record.” Argentum Pharms. LLC v. Alcon Research, LTD., IPR2017-
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`01053, Paper 27, 4. Here, sealing is appropriate because the information
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`Luminati seeks to seal has been designated as confidential pursuant to the
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`Court Protective Order. Luminati v. Teso Lt UAB et al., Case No. 2:19-cv-
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`00395-JRG (E.D.Tex.) (ECF 70). Exhibit 2006 consists entirely of matter
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`marked “RESTRICTED – ATTORNEYS’ EYES ONLY” under the Court
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`Protective Order by the Petitioners who are parties to that case, such that
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`redaction would not be practical, and if it is to be maintained as confidential,
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`requires filing entirely under seal. Patent Owner therefore requests that
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`Exhibit 2006 be sealed in its entirety, and that the sealed version of the POPR
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`also be filed under seal. Patent Owner will file a public/redacted version of the
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`POPR which eliminates information from Exhibit 2006.
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`Luminati understands that by designating what is in Ex. 2006 as
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`“RESTRICTED – ATTORNEYS’ EYES ONLY” in the district court case,
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`Petitioners were representing that public disclosure of that material would
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`cause concrete harm to them. For this reason, Luminati respectfully requests
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`IPR2020-01266
` PATENT 10,257,319
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`sealing of Petitioners’ Exhibit 2006, and sealing the sealed POPR with a
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`public/redacted version of the POPR to be filed.
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`In the event the Board decides to deny this motion, Luminati requests
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`leave, before Exhibit 2006 or the sealed POPR is unsealed, to confer with
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`Petitioners with regard to compliance with the Court Protective Order.
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`III. SUBMISSION OF PROPOSED PROTECTIVE ORDER
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`Pursuant to 37 C.F.R. § 42.55(a), Luminati requests that the Board enter
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`the Default Protective Order (77 FED. REG. 48756, 48771 (Aug. 14, 2012))
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`found in Appendix B of the July 2019 Trial Practice Guide update, with
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`several proposed changes, to keep it consistent with the Protective Order in
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`Luminati v. Teso Lt UAB et al., Case No. 2:19-cv-00395-JRG (E.D.Tex.)
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`(ECF. 70). The changes are redlined in the concurrently-filed proposed
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`protective order. Luminati will confer with Petitioners regarding agreement to
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`be bound by this proposed protective order and will notify the Board with
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`respect to the Parties’ positions.
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`Respectfully submitted,
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`RUYAK CHERIAN LLP
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`Dated: October 26, 2020
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`IPR2020-01266
` PATENT 10,257,319
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`/Thomas M. Dunham/
`Thomas M. Dunham
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